Jury Convicts Army 'Birther' Who Refused Deployment to Afghanistan

FoxNews.com ^ | 12/15/2010 | Staff

[OldDeckHand]

A military jury has convicted an Army doctor who disobeyed orders to deploy to Afghanistan because he questions President Obama's eligibility for office.

[OldDeckHand]

having iPhone typing issues. That should have read...

Motive is not an element of Art. 87. that the government is required to prove. All that is required of the government is that he missed...

[Red Steel]

However, the "why" is something that the prosecution can explore as an aggravating factor at sentencing. Are you sure that this isn't where this evidence was introduced?

It was introduced today according Mr Leftest blogger Sullivan. It certainly wasn't used yesterday by the prosecution when Lakin pleaded guilty to the other charges.

[jamese777]

LTC. Lakin’s Commanding Officer testified against him at trial and again at sentencing.
The following is from CAAFlog: “The most damaging evidence of the day came during the testimony of the accused’s brigade commander, Colonel Gordon Roberts. The accused and Mr. Jensen came to visit with Colonel Roberts on March 30, 2010, but the colonel was attending to other matters and couldn’t meet with them then. When Colonel Roberts summoned Lakin to his office the following day, he received this response: “You had your chance.” This testimony was before the members, and Colonel Sullivan is of the opinion that the accused’s insolence toward his commander — a Medal of Honor recipient — did not go over well at all.”
LTC. Lakin maintains that it was his attorney Paul Rolf Jenson who made the “you had your chance” comment and not him. Colonel Roberts testified that it was LTC. Lakin

Gordon Ray Roberts was born in Middletown, Ohio in 1950. His hometown is Lebanon, Ohio.
Vietnam service
Roberts enlisted in the U.S. Army three days after graduating from high school, at age 17. Following basic training, he attended the Infantry school, and was then assigned to the 101st Airborne Division and sent to Vietnam.

By July 11, 1969, he had already distinguished himself, being awarded both the Silver Star and the Bronze Star. On that day, Roberts single-handedly wiped out three machine gun nests, saving the lives of many fellow soldiers.

On March 2, 1971, he was awarded the Medal of Honor by President Richard M. Nixon for his actions on July 11, 1969. Roberts was the youngest living Medal of Honor recipient and the only one still on active duty until 2010, when Army Staff Sergeant Salvatore Giunta was awarded the medal.

Post-Vietnam life
Following his first enlistment in the Army, Roberts attended the University of Dayton and received a bachelor’s degree in sociology in 1974. He married and became the father of a son and a daughter. After eighteen years as a social worker, he returned to the Army and received a direct commission as an officer. He then came on active duty in 1991. His past assignments include eight years of company and field grade command assignments in Korea, Fort Bragg, Haiti, Fort Gordon and Iraq as well as staff assignments at Hunter Army Airfield, Fort Benning, and Kuwait. From June 2008 through June 2010 he served as the Brigade Commander for Walter Reed Army Medical Center. On July 1, 2010, he began duty as command surgeon for the 1st Theater Sustainment Command at Fort Bragg, North Carolina.

Awards and decorations
In addition to the Medal of Honor, Gordon Roberts military awards include the Silver Star, the Bronze Star , the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Parachutist Badge, and the Presidential Unit Citation.

[Mr Rogers]

“So what you are telling me is that centuries old English law trumps what our founding fathers wrote during the first Congress and in the Constitution...”

No. What the Supreme Court is saying is that the Founders used the phrase NBC deliberately, and that it is a legal term whose meaning can be understood by looking at English common law.

This doesn’t make English common law binding on the USA, but merely says that English common law provided the lingua franca used by lawyers at the time the Constitution was written. It is pertinent if original intent is important.

There is a reason the Founders wrote NBC instead of “born of citizen parents”.

[mlo]

"And to those who are smug and self righteous here, you lost today, also."

We lost when Obama was elected. Today was meaningless. All this birther nonsense is just that. Nonsense.

[Red Steel]

Motive is not an element of Art. 87. that the government is required to prove. All that is required of the government is that he missed...

But they did anyways introduce Lakin's motive not once but twice.

The fifth government witness testified on the stand where he stated "the reason why LTC Lakin refused his orders–Obama’s eligibility" to go along the Lakin's YouTube video.

[jamese777]

AND WKA was not about the CIC!

You can’t make it something it is not.
Of course, silver-tongued devils and lawyers
will continue to make that reach.

---

However Courts have already used WKA as precedent in Obama eligibility lawsuits.
“Based on the language of Article II, Section 1, and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents.”—
Indiana Court of Appeals, Ankeny et. al v The Governor of Indiana, Mitch Daniels, November 12, 2009.
The decision in Ankeny was appealed to the Indiana Supreme Court which rejected it for consideration. The lawsuit has not been appealed to the federal courts.

[Cardhu]

BTTT

[usmcobra]

And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States.

And the children of citizens of the United States that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens:

Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:

Provided also, That person heretofore proscribed by any State, shall be admitted as a citizen as aforesaid, except by an act of Legislature of the State in which such person was proscribed.

The naturalization act of 1790 defined who was a Citizen of the United States at the very founding of our country, why is this singular example of what our founding father's meant trumped by English law that none of us is bound by since that date?

[OldDeckHand]

"It was introduced today according Mr Leftest blogger Sullivan."

I have just finished reading the summary provided by the aforementioned "lefty blogger". As expected, the government introduced the testimony (from Lakin himself) regarding the "why" he did it during sentencing. Of course, this is entirely separate from the findings portion of the court-martial, which had already concluded, and is allowable per the MCM under what is known as Evidence in Aggravation.

[exit82]

Quite frankly, the testimony of Major Dobson and his wife is immaterial, irrelevant, and BS. There is no direct cause and effect due to Lakin’s actions, and there is no excuse for Major Dobson not to be ready for duty, nor to be ready for the demands of the FOB medical requirements. Then the military either has the wrong person deployed or does not enough resources required to adequately take care of the FOB.

Lots of military families miss things, especially those called up to fight wars. It goes with the job, and military families know this.

[STARWISE]

I know .. and I’m sure you probably believe that Mohammed Atta, here on a student visa, could’ve impregnated an American woman who bore his child here, and that child could grow up and legally become CIC, right ?

Do you really believe if there were a Jewish candidate for
CIC, he would not know that and make a specific
stipulation that clause would be invalid for him first in
order for him to be Constitutionally eligible ?

Again, it’s about the American Founders’ clear intents .. and there ya go .. silver-tongued ...

[OldDeckHand]

"I know .. and I’m sure you probably believe that Mohammed Atta, here on a student visa, could’ve impregnated an American woman who bore his child here, and that child could grow up and legally become CIC, right ?"

Uh, yeah. In this country, we don't visit the sins of the father on the son. Whatever Atta has done, is wholly irrelevant to the legal standing of any child he fathered who happened to be born on US soil, and to an American mother.

"Do you really believe if there were a Jewish candidate for CIC, he would not know that and make a specific stipulation that clause would be invalid for him first in order for him to be Constitutionally eligible ?"

Please, if you would be so kind, provide for me this "stipulation" that was made by one Joseph Lieberman. I'll wait.

And, you didn't address the central thesis of my point - what happens to the Jewish American child who - by no design of his own - happens to enjoy duel US/Israeli citizenship? Are you saying that he's not a Natural-Born citizenship until such a time that he issues one of your magical "stipulations"?

[presently no screen name]

Well said.

[mlo]

And once again, your passage applied to, “children of citizens of the United States that may be born beyond sea, or out of the limits of the United States”. Not to children born inside the country. It has no bearing on this discussion.

[STARWISE]

He knew that .. he’s taking what is a principled
stand to him. He knew from the start he stood
to endure punishment, and took this action
after much communication up thru the chain of
command with no help, prayer and deliberation.

[OldDeckHand]

"Quite frankly, the testimony of Major Dobson and his wife is immaterial, irrelevant, and BS. "

Says the guy who apparently doesn't understand how a military court-martial works. From MCM Rule 1001(B)(4)...

Evidence in aggravation includes, but is not limited to, evidence of financial, social, psychological, and medical impact on or cost to any person or entity who was the victim of an offense committed by the accused and evidence of significant adverse impact on the mission, discipline, or efficiency of the command directly and immediately resulting from the accused’s offense.

[Drew68]

As our resident anti-birther expert commentator how do you feel about the prosecution using evidence the defense was ordered not to use in their defense...

I'm an Ordnanceman, not a sea-lawyer and I've never pretended otherwise. This being said, I do know enough that if I ever found myself in hot water, I'd seek out the counsel of actual lawyers and not internet conspiracy nuts --a course of action Lakin should've embraced (and likely now desperately wishes he had).

[Seizethecarp]

“Lakin did’t but the government introduced “the birther” evidence, his YouTube video, to convict him for the missing movement. It is now fair play to use it in his appeal.”

I like that. If he appeals based on his sentence being too severe, LTC Lakin might be able to use the video to support mitigation of his sentence based on his clear motivation based on conscience, as seen in the video allowed in by the judge.

LTC Lakin only admitted that he was guilty of his actions as charged. He did not retract or deny his assertion that Obama was displaying the behavior of a dishonorable man who was willfully hiding ineligibility as an NBC.

[STARWISE]

~~~~~~~

Dwight Sullivan says:
December 15, 2010 at 7:47 pm

Tes, the government is alllowed to put on a case in rebuttal to the defense’s case if it wants. The court-martial will resume with an Article 39(a) session at 0830 tomorrow, and then a proceeding with the members at 0900.

The first thing that will happen in front of the members is the military judge will ask the government if it has a case in rebuttal. My guess is that the TCs will — and they have all night to prepare, a fortuitous bit of scheduling for the government.

http://www.caaflog.com/2010/12/15/united-states-v-lakin-liveblogging-day-two-wrap/