Posted on 04/13/2010 1:39:03 PM PDT by Berlin_Freeper
U.S. military officials tell NBC News that the U.S. Army will court martial a lieutenant colonel who refuses to deploy to Afghanistan because he considers orders from President Obama to be "illegal."
Army doctor Lt. Col. Terry Lakin believes Obama does not meet the constitutional requirements to be president and commander-in-chief
(Excerpt) Read more at firstread.msnbc.msn.com ...
http://www.au.af.mil/au/awc/awcgate/ucmj.htm
836. ART 36. PRESIDENT MAY PRESCRIBE RULES
(a) Pretrial, trial, and post trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, ***apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts,*** but which may not be contrary to or inconsistent with this chapter.
No more BS copies and affidavits: `Best Evidence’ rule!
The actual birth certificate: Cough it up Barry.
Why is it an open question with the media and law professors when the matter involved McCain and whether he was eligible. But when it involves “the One” just how DARE you question him.
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I'm sure it will be assumed at the outset that Hussein is, in fact, Constitutionally qualified. Perhaps, but as any legal expert who's honest will tell you, our Framers did NOT specifically define "natural-born Citizen", just as they did not define "to keep and bear arms". In 2008, the legally-interpreted definition of "to keep and bear arms" was FINALLY defined by Justice Scalia in the DC v. Heller opinion, setting straight nearly 70 years of bad Local, State and Federal laws that relied on the poorly-written US v. Heller (1939) opinion. As Minor v. Happersett (1874) instructs us: "The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that." This refers to the texts used by the Framers at the time in 1787: Vattel's Law of Nations and/or Blackstone's Commentaries. Either by Constitutional Amendment or by US Supreme Court decree will we ever have the Framer's Constitutional definition of "natural-born Citizen". BUT to get there, we must have a person who has legal Standing and Jurisdiction, and the Courts have to willing to push through the partisan swamp of Political Question. Let's pray that after 233 years, Lt Col Lakin is that person. |
Perhaps they’ve had enough time to produce a fake of the certificate they refuse to show?
Brave man! What’s interesting, too, is that he WILL have standing to request evidence that Obama is not a natural born citizen, and Obama will NOT have standing to intervene. In addition, he WILL have access to compulsory processes.
The evidence of which you speak pertains to the charges against Lakin. His failure to comply is a very simple thing to prove.
It's no longer just a cable channel.
Don’t you think its a little late for that? We should be very suspect if they produce something now at this late date. I would have to be scrutinized in the same manner of other notable frauds given they way HI has protected Obama and the way the Courts prevented timely discovery of facts regarding the issue.
“native born” != “natural born”
Therefore even if “naturalized” = “native,” neither “naturalized” nor “native” = “natural born”
These categories may seem like hair-splitting, but they were created for the value of their difference in meaning. It is axiomatic that the words of a law are to be read as if they had meaning, i.e., different usages default to meaning different things unless proven otherwise.
I happen to be one of the people who’s ancestors were of the Irish Brigades in the Civil war.
We still do not talk to those who’s members were on the other side shooting at their kinfolk. And yes, we still have family reunions every 5 years and members from both sides attend. Kinda weird being there-to say the least. Two groups apart from one another and nobody talks to the other much at all.
It takes just a spark and the whole affair is broken up and everyone goes home.
Just because you demand it? Where does the law say that the name of the doctor is a requirement? Like I said, the "Certification of Birth" I got from the county clerk in Illinois doesn't name a doctor, and I used it to get a birth certificate without a problem.
The reg # is redacted on that photshopped COLB with suspicious graphic artifacts round on 2007 COLB.
The Factcheck birth certificate didn't redact the number. The number is 151 1961-010641
WHY can’t we see his Occindental college reg and transcripts?
Because he doesn't have to, no matter how much you scream. Or is there some law demanding that presidents show you their report cards that I've missed?
He had ATTORNEYS block the release?
Got proof of that? Or is it just that Occidental, like every other college, doesn't just give out student records to anyone who asks for them?
Because he applied as a foreign (”Indonesian” most likely in this case, he is a chameleon, based on the opportunity)student for the financial aid?
Right, because it's so much easier to get financial aid as a foreign student than as a black American student. Financial aid to foreign students is almost non-existent.
“His failure to comply is a very simple thing to prove.”
Sure. And Lakin’s defense is that his orders are illegitimate: they were issued without authority of law, here the US Constitution.
In order to prove his defense he will subpoena the (putative) president’s birth certificate. You’re right, this isn’t complicated.
Either Larkin will retire with full pay and an HD or say hello to President Biden—if the president of the hearing decides to adhere to evidentiary rules of US District Courts.
836. ART 36. PRESIDENT MAY PRESCRIBE RULES
(a) Pretrial, trial, and post trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, ***apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts,*** but which may not be contrary to or inconsistent with this chapter.
No more BS copies and affidavits: `Best Evidence’ rule!
The actual birth certificate: Cough it up Barry.
If anybody could still order and receive the long form don’t you think that thousands of people born in Hawaii would be ordering them and receiving them just to prove the point and embarrass Barry?
Thank you. Was going to ping another JAG Freeper I know, but he’s active duty so probably can’t comment. Troll’s post was ridiculous on its face.
Time to summon the viking kitties on that troll?
“Don’t you think its a little late for that?”
a return to constitutionally limited government, reserving all government powers not expressly delegated by the constitution to the United States to the States respectively, or the people, emphasizing sovereign state governments, local government, self-government and self-rule, while restricting government powers to only those enumerated in the constitution and maximizing individual rights and liberty as originally envisioned and established by our Founding Fathers and secured and defended by the blood of patriots and statesmen for over two hundred years?
In a word, no.
I'm not a lawyer, but I can say for sure that I dislike your attitude towards him. Deserters are cowards. This man is no coward, and in fact, I consider him to be fighting a bigger and more important fight, and giving up more, than if he went to Afghanistan.
And you think you have a working understanding of the UCMJ?
The outcomes you suggest are not the only two that are possible.
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