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Army to court martial 'birther' officer
msnbc ^ | April 13, 2010 | Mark Murray

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 ...


TOPICS: Breaking News; Foreign Affairs; News/Current Events
KEYWORDS: army; bhodod; birthcertificate; birther; certifigate; courtmartial; eligibility; fraud; ineligible; lakin; military; naturalborncitizen; obama; terrylakin; usurper
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To: bushpilot1
A native born can have one US citizen parent. A natural born must have both parents US citizens.

Completely incorrect.

A natural born citizen is a citizen at birth. A native born citizen is a subset of natural born citizens born in the US. A naturalized US citizen is someone who was not a US citizen at birth but became one at a later date.

The laws have changed over time, but currently you only have to have one parent be a US Citizen, and that parent must have lived in the US as an adult for a certain number of years.

My son was born in Canada to my wife who is not a US citizen. My son is still a natural born US citizen. When we finally get the custody issues resolved with my stepdaughter so she and my wife can move across the border, my wife and stepdaughter will become naturalized US citizens.

441 posted on 04/14/2010 5:09:04 PM PDT by untrained skeptic
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To: Gay State Conservative
So the judge does,in fact,deny any motion made by the defense.He's found guilty,given a sentence and his lawyers appeal.Hussein's stooges at the DoD and the Department of Just Us see to it that these appeals take years.

The first two levels of appeal are "special", just for cases arrising in the military, one just for the Army, the second for all the services, and finally to the Supreme Court. If either the US Army Court of Criminal Appeals or the U.S. Court of Appeals for the Armed Forces or even if the original Court, rule that the order was illegal due to the ineligibility of the ultimate order giver, things will get very interesting, very quickly. The first appeals court is stil within the military system of, in this case, the Army. The second however is a regular US appeals court, like any of the Circuit Courts, but that only takes cases arrising in the Armed Forces. The first provides for an automatic appeal in certain cases, including ones where the sentence includes dismissal of an officer. They operate pretty quickly, AFAIK, at least compared to regular Civlian courts.

(site for the U.S. Court of Appeals for the Armed Forces, seems to be down at the momennt.)

But, even if you are correct and the appeals drag out for years, the Constitution will have been supported and defended. That's important to many.

442 posted on 04/14/2010 5:09:41 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato

I corrected it at #360 ;-O


443 posted on 04/14/2010 5:18:04 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Bubba Ho-Tep

He was called senile. He fought back. Did the people who fired him illegally suffer any consequences?

Did Lauria’s clients get justice, or did they give in to the threats? Why do you suppose they gave in? Was Lauria touted as a great hero standing up for the rule of law? Why or why not?

Leo Donofrio has threatened Quo Warranto as a weapon to use on behalf of the Chrysler folks. Why does that seem to be the one language Obama responds to?


444 posted on 04/14/2010 5:18:22 PM PDT by butterdezillion
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To: mrreaganaut
More to the point, can Obama be dragged into this while serving in office, according to the courts? Remember, it depends on what 'is' is...

In his person? Possibly not, but his records can certainly be ordered up by the Court, if they feel the need to do so.

Remember, Clinton was compelled to testify about a matter which occurred before he became President. He lied under oath, and was impeached. Wimpy Senate would not look at the evidence and failed to convict an remove. The matter, while serious, pales in comparision to usurping the office of President.

445 posted on 04/14/2010 5:19:15 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: DallasDeb

“Won’t proof of Nobama’s birth have to be provided in order to convict LtCol Lakin?”

.
If the constitution were still in place....
.


446 posted on 04/14/2010 5:27:41 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: STARWISE
Awlaki lied in ***1971*** and said he was born in Yemen and got it.

Wow. Considering that he was born in 1971, it's pretty impressive that he was already lying on college financial aid forms.

But as I said, other sources say that the scholarship money was Yemeni, not US.

447 posted on 04/14/2010 5:27:46 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: RummyChick

It was Frank Marshall Davis. We know that. What we don’t know is whether Obama considered him a mentor, or, as the excerpts about Davis from Obama’s book seem to indicate, a weird but interesting old guy his grandfather like to hang out with sometimes. Beyond what in Obama’s book, the amount of evidence regarding their relationship is nonexistent.


448 posted on 04/14/2010 5:30:16 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Cousin Eddie

Another Soviet Citizen on FR, huh?
.


449 posted on 04/14/2010 5:31:57 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: patlin

Keyes v. Obama was the Orly Taitz case with the former Marine judge. The other California case was Keyes v. Bowen, also dismised.


450 posted on 04/14/2010 5:33:07 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: untrained skeptic
A Naturalized Citizen is someone who was not born a US Citizen, but becomes one at a later date.

That is the statute law, but the Supreme Court disaggrees insofar as statutory citizens at birth are also considered "naturalized" for Constitutional purposes.

Persons such as your son, while Citizens at Birth,under 8 USC 1401, are considered naturalized at birth. They are citizens through an act of Congress, and since Congress only has power over naturalization, not citizenship in general, they must be so considered. That would even be true if both parents are citizens, a situation where there is no residency requirement for the parents. Such foreign born, citizens at birth, have less protections against loss of citizenhip under the 14th amendment than persons naturalized in the US, because they do not match either of it's terms, born or naturalized in the US.

See Rogers v. Bellei, 401 U.S. 815 (1971).

So your son is not a Natural Born Citizen, and cannot be President. But then again, that's the Good News. :)

451 posted on 04/14/2010 5:42:16 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: butterdezillion
He was called senile.

Is being called senile a threat? You said he was threatened.

Did the people who fired him illegally suffer any consequences?

Since it's still going through the courts, the legality or illegality of his firing has yet to be determined.

Did Lauria’s clients get justice, or did they give in to the threats?

It was a bankruptcy case. They got what they got and decided it wasn't worth fighting to get more. It happens all the time. I worked for a company that declared bankruptcy and there were a bunch of pissed off creditors threatening to drag everyone into court. Eventually they settled for what they could get.

Leo Donofrio has threatened Quo Warranto as a weapon to use on behalf of the Chrysler folks. Why does that seem to be the one language Obama responds to?

I'll be interested to see what happens when Donofrio finally gets done threatening and does something.

452 posted on 04/14/2010 5:42:48 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: little jeremiah

Your position is wrong. Do you even know what the post you referenced was talking about?

Obama is the President whether your deranged mind accepts it or not. He is taking away our God given rights daily.

All the while you fiddle away .... looking for a non-existent silver bullet. Just as I said in the post you referenced, do the right thing. Let this false charge go. Don’t be afraid to be called names (like Obama-lover). Be brave ... stand up for what is right.

I know Obama Derangement is Syndrome is popular, but you have no evidence that Obama was born anywhere but Hawaii. If you have other evidence offer it up or shut up.


453 posted on 04/14/2010 5:45:06 PM PDT by LibertyJihad
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To: mrsixpack36

“He should serve for his fellow troops if nothing else”

.
Just what do you think he’s doing? - I can’t imagine how he could do more for his fellow troops, and for his country. He deserves high honors for this. (and when we get congress back I’m sure he will!)
.


454 posted on 04/14/2010 5:48:28 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: Bubba Ho-Tep

My misinterpretation and comma confusion.

~ ~ ~

Radical Muslim Cleric Lied to Qualify for U.S.-Funded College Scholarship

“A former diplomatic security agent who was tasked with investigating Awlaki immediately after the Sept. 11 attacks told Fox News that the Yemeni-American national apparently lied on his visa application to attend Colorado State University, where he studied engineering. Rather than tell U.S. immigration officials that he was born in Las Cruces, N.M., in 1971, Awlaki stated that the was foreign born, the security agent, Ray Fournier, said.”

http://www.foxnews.com/us/2010/04/12/radical-muslim-cleric-lied-qualify-funded-college-scholarship/?test=latestnews

It’s clear that foreign students can receive US educational financial aid.

“Awlaki received $20,000 in scholarship money from a U.S. government program for his schooling in Fort Collins, Colo. When asked if Awlaki was eligible, Fournier said, “No, he is absolutely forbidden to have it.”


455 posted on 04/14/2010 5:48:47 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: untrained skeptic
A natural born citizen is a citizen at birth. A native born citizen is a subset of natural born citizens born in the US. A naturalized US citizen is someone who was not a US citizen at birth but became one at a later date.

Not quite. A native born citizen is someone born in the US, and thus a citizen under the 14th amendment. A natural born citizen is, in general, a native born citizen whose parents were citizens at the time of his birth. Anyone born outside the US, with the probable exception of those born "in the armies of the nation" or "in the diplomatic corps", still with two citizen parents, is for Constitutional purposes, naturalized. They may be naturalized at birth if their parents meet any of the various Conditions of 8 USC 1401, or they may have been naturalized in masse such as when the residents of Puerto Rico, Hawaii and Alaska were made citizens, (not when HI, and AK, became states, but much earlier) or they may have gone through the more usual route of going through the process of becoming a citizen of the US on an indivdual basis, with residency requirements, oath taking and so forth.

The laws have changed over time, but currently you only have to have one parent be a US Citizen, and that parent must have lived in the US as an adult for a certain number of years.

Such persons are citizens at birth, but not natural born or native born. They are, for Constitutional purposes, which include but are not limited to, eligiblity for President, "naturalized", albeit at birth and without the usual "process", required of foreign born persons who do not have at least one US parent.

456 posted on 04/14/2010 5:51:34 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: STARWISE

Yes, I read your link and interpreted it correctly. And as I’ve said, other sources say that the money was Yemeni.


457 posted on 04/14/2010 5:51:59 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: BP2

Jess also dabbles in that cuckoo climate change stuff for FactCheck

http://www.thedailygreen.com/environmental-news/latest/palin-gore-climate-science-47122101?src=rss


458 posted on 04/14/2010 5:53:42 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: Bubba Ho-Tep
Is being called senile a threat? You said he was threatened.

If the implication is that they might put you in a mental ward, yes it is.

459 posted on 04/14/2010 5:55:02 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: patlin
Sorry to burst your bubble, but natural born citizens don’t have to jump through hoops or fill out ANY paperwork to prove their citizenship.

Really? Try to get a passport without filling a birth certificate. Do you think birth certificates just magically appear? They require that paperwork be filled out.

It's is of course a little more complicated when you need to use a foreign birth certificate, a marriage license, and proof of US residency to meet the requirements rather than simply showing proof of being born on US soil.

However, in either case there is paperwork involved. It's the government. The paperwork doesn't make you a citizen, it proves to the government that you already met the legal requirements to be a citizen at birth.

To register my son's birth as a US citizen I either have to go to the US Consulate in Canada to attain a "Consular Report of Birth Abroad of a Citizen of the United States of America". See the State Department link for more info.

http://travel.state.gov/law/info/overseas/overseas_703.html

Or I can file a Form N-600 with the US Citizenship and Immigration services to attain a "Certificate of Citizenship" for a child that was born a US Citizen to at least one US parent.

460 posted on 04/14/2010 5:55:35 PM PDT by untrained skeptic
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