Army to court martial 'birther' officer

msnbc ^ | April 13, 2010 | Mark Murray

[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

[BP2]

> “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.

This excerpt by Charles Gordon in “Who Can Be President of the United States: The Unresolved Enigma” (1968) outlined how this process would likely unfold to resolve a "natural born citizen" crisis in the Federal Court system (emphasis added):

There remains the traditional method of construing the Constitution
through a ruling of the federal courts. Under the Constitution,
those courts exercise judicial power which extends “to all Cases, in
Law and Equity, arising under this Constitution.” However, until
an actual controversy develops there is no possibility of obtaining a
ruling by the federal courts. Those courts have always interpreted
their constitutional mandate as precluding the rendering of advisory
opinions. And they have not regarded this limitation as modified
by the statutory authority for declaratory judgments. The statute restricts
such declaratory judgments to cases of “actual controversy.”
This authorization has been read somewhat restrictively, and
declaratory relief has usually been granted only to one actually
threatened with sanctions or with imminent impairment of status or of personal or property rights.

To obtain "declaratory relief," thereby getting to a Discovery phase in Federal Court to assist in determining Redressability (i.e., subpoena Obama's original birth certificate), SOMEONE must be Injured to have legal Standing.

Lt Col Lakin has elected to SACRIFICE himself, as those in uniform have volunteered to do for us all, to help answer this Constitutional Crisis.

PLEASE MAKE A TAX DEDUCTIBLE CONTRIBUTION NOW TO LT COL LAKIN'S DEFENSE FUND BY CLICKING HERE (on SafeGuardOurConstitution.com)

[keats5]

This article explains natural born citizenship requirements.

http://www.usconstitution.net/consttop_citi.html

[TheThinker]

First, I think that if this Larkin gets court-martialed, it would have easily been avoided by the simple presentation of a document that any other American citizen would be glad to present for far, far less important matters.

Secondly, Obama would rather see this man's career destroyed in order to keep his origins secret.

How can any reasonable and patriotic American not be a Birther?

[keats5]

“If you’re going to be involved in government in the United States, citizenship is a must. To be a Senator or Representative, you must be a citizen of the United States. To be President, not only must you be a citizen, but you must also be natural-born. Aside from participation in government, citizenship is an honor bestowed upon people by the citizenry of the United States when a non-citizen passes the required tests and submits to an oath.

Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are “citizens of the United States at birth:”

* Anyone born inside the United States *
* Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
* Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
* Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
* Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
* Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
* Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
* A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.

* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.”

from http://www.usconstitution.net/consttop_citi.html

[TheThinker]

I say the good LtCol is a goner for failure to follow orders of his lawful superiors. and zerO’s swearing in by the USSC made him “lawful”, thank you for nothing Chief Justice Roberts.

Someone's bound to get lucky regarding the Usurper-in-Chief's BC.

"Luck is tenacity of purpose." - Elbert Hubbard

[steve0]

Wrong, simple congressional acts don’t trump the constitution. Check you case law my friend.

[kbennkc]

One point I haven’t seen made: Does anyone think this LtC hasn’t thought this through? Sought consel before hand? Talked to other officers? Seriously?

That was one of the first things that came to my mind . I would be amazed if any lawyer told him this was a good move . I would guess he has good hearted , patriotic lawyers tell him not to do this , but if he is bound and determined to proceed against their advice , they would help him as best they can . Every lawyer has had clients who were determined to take a course of action so inappropriate , legally , ethically , and/or against the clients best interest , they have been forced to withdraw or decline representation .

[TheThinker]

But one way or the other he was born, right?

Apparently my levity contained a logical flaw. I think Sprite158 really was saying that Obama has yet to prove he has been born "in the United States". See post #23.

And no I don't believe that Obama is a NBC.

It's an idiotic political move that gains him nothing to inentionally keep his BC and his other documentation so secret.

He has to keep his past a secret by necessity.

[BP2]

But one way or the other he was born, right?

Sure, that's what the DEFINITIVE authorities at FactCheck has told us.

Hmmm ... for some reason, I don't believe that THEY took an Oath of Office to Protect and Defend the Constitution of the United States, and yet, it's THEM that YOU and many others have put their FAITH in:

The truth about Obama's birth certificate (FactCheck.org)
–by Jess Henig, with Joe Miller

Jess Henig has an M.A. in English Literature.
Joe Miller has a Ph. D. in Political Philosophy.

And don't forget that it was Obama's own website, FightTheSmears, working hand-in-hand with FactCheck that accidentally let the cat out of the bag as to what this is REALLY all about:

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

[cvq3842]

Good points. thanks.

[patlin]

If anybody could still order and receive the long form...

” I ( Dr Fukino ) have verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”
http://hawaii.gov/health/about/pr/2008/08-93.pdf

The fact is they are kept on file and they CAN be gotten, so why not just release it? Jameseeeee, your pathetic attempts to twist facts is nothing short of gut busting comedic relief. Thanks for the laugh.

[BP2]

This article explains natural born citizenship requirements.

http://www.usconstitution.net/consttop_citi.html

Vattel, which the Framer's used to help develop the Constitution, is FAR MORE succinct and creates a BIG problem for Obama whose Father was never a US Citizen:

[cycle of discernment]

You are a REAL piece of work, aren’t you?

Yeah, WHY in the WORLD should the man sitting in the most powerful office on the planet controlling the lives of millions, have to prove he is who he claims to be???

He could not get hired as an executive according to conventional background check practices and yet we give him pass after pass after apass because you mind-numbed, programmed libs demand it?

“Factcheck” of the Anneneberg Association affiliation??? Obama schills?

Uh ok, great and objective source.

Let see the backup docs for COLB # 151 1961-010641, shall we? I understand it is OUT of sequence with other births filed that very same day. How in the world did that happen?

NEVER TRUST A MAN THAT HIDES HIS HISTORY.

[mrsixpack36]

There has got to be better ways to protest then disobeying a military order. He should serve for his fellow troops if nothing else.

[PA-RIVER]

Its going viral.

Reminds me of the “Blue Dress” back in 1999.

[little jeremiah]

Do you have a crystal ball?

If they discharge him, that alone should give him standing, from what I read and understand.

[Pilsner]

I've read the law, and of course the Constitution. Have you? The law deals with certifying the electoral vote count. It is not about vetting the president elect.

Did you keep reading the Constitution until you got to the Amendments?

Amendment XX. Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified...(emphasis added).

In Birther's wishes "the President elect shall have failed to qualify." OK. But Congress makes the call, and they didn't find that the President elect failed to qualify. And you can't get a court to over rule that determination. Ever. No matter how much you really, really, really, REALLY, want that to happen.

[little jeremiah]

If you had read some of the comments by former (and perhaps current) military freepers, you would see that they view this differently.

[El Gato]

Anyone falling into these categories is considered natural-born

Funny then, that the law doesn't mention anything about naturla born.

All of those folks born outside the US are not even native born and the Supreme Court has ruled that they are naturalized at birth.

[Bubba Ho-Tep]

Yeah, WHY in the WORLD should the man sitting in the most powerful office on the planet controlling the lives of millions, have to prove he is who he claims to be??

Which has what to do with him revealing his report cards or the name of the doctor who delivered him? If you want to make a campaign issue of it, go ahead. But as it stands there's no judicial path to compel him to do it.

“Factcheck” of the Anneneberg Association affiliation??? Obama schills?

And yet there is stands, number, seal and all.

Let see the backup docs for COLB # 151 1961-010641, shall we? I understand it is OUT of sequence with other births filed that very same day. How in the world did that happen?

Off the top of my head, it happens when hospitals collect the day's or a couple of days' birth records, from the nurses and put them together in a stack. That stack goes to the county registrars office, where they go into an in-box with a bunch of other records from other hospitals. The clerk there works through the stack without sitting there and looking at the birth times of each record to make sure that they're in proper order. Maybe there's a big stack that day and the clerk takes half the records and hands them to the person at the next desk. Do you have any evidence that the registration number on Hawaii birth certificates is intended to be a precise record of the exact order in which births took place?