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Birther Army Doc Waives Hearing, Court Martial Likely To Move Ahead
TPM ^ | 7/9/10 | Justin Elliot

Posted on 06/09/2010 12:06:14 PM PDT by jamese777

The group backing Birther Army Doctor Terrence Lakin as he makes his way through the military justice system announced today that Lakin is waiving a preliminary hearing that was set for Friday.

Lt. Col. Lakin refused orders on the grounds that Barack Obama is not eligible to be president. It is now up to Maj. Gen. Karl Horst, Military District of Washington Commander, to decide if the case will go to trial, said Chuck Dasey, spokesman at Walter Reed Army Medical Center in Washington, where Lakin is assigned.

The American Patriot Foundation said in a press release: Saying that the Army has made it "impossible for me to present a defense" at the Article 32 "preliminary hearing" previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin has officially waived -cancelled--that proceeding. Therefore, the case will move inexorably on to a General Court Martial.

(Excerpt) Read more at tpmmuckraker.talkingpointsmemo.com ...


TOPICS: News/Current Events
KEYWORDS: army; birthcertificate; birthers; certifigate; fraud; lakin; ltcterrylakin; military; naturalborncitizen; obama; railroad; railroaded; terrylakin; walterreed; wramc
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1 posted on 06/09/2010 12:06:14 PM PDT by jamese777
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To: jamese777

This will not go to court martial, the Court Martial Convening Authority will levee a punishment and put this to an end.


2 posted on 06/09/2010 12:12:25 PM PDT by Paratrooper
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To: Paratrooper

BS. The LTC is defending The Constitution. Where are all the nitwits here who want to salute the usurper to keep their PX priviledges for cheap smokes and booze.

SCOTUS and the Pentagon are cowards.


3 posted on 06/09/2010 12:14:16 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: Paratrooper

Wanna bet?


4 posted on 06/09/2010 12:15:41 PM PDT by traderrob6
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To: Frantzie

A court martial will give him more standing in appeal.


5 posted on 06/09/2010 12:16:18 PM PDT by bgill (how could a young man born here in Kenya, who is not even a native American, become the POTUS)
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To: bgill

His first action in the Courts Martial would be a subpoena to Barrack Obama to present his birth certificate as evidence for his charges to go forward. No certificate then Not Guilty and the impeachment can begin!


6 posted on 06/09/2010 12:22:05 PM PDT by Young Werther ("Quae cum ita sunt" Since these things are so!)
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To: Paratrooper

LTC Lakin is entitled to an affirmative defense, i.e. I’m not guilty of the crimes charged because of a circumstance particular to me.

LTC Lakin questioned the eligibility of the CiC when others would not. LTC Lakin proactively sought confirmation of the eligibility of the CiC before he was charged with these crimes and was stonewalled. He requested the procedure for confirming the eligibility of the CiC and was ignored.

LTC Lakin publicly state he would miss movement to demand the CiC confirm his eligibility to hold the title.


7 posted on 06/09/2010 12:25:09 PM PDT by SvenMagnussen (Brown delivery gets there eventually (except for laptops).)
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To: jamese777

Major General Carla Hawley-Bowland is Ltc Lakin’s commander.


8 posted on 06/09/2010 12:26:09 PM PDT by bushpilot1
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Comment #9 Removed by Moderator

To: bushpilot1

Major General Carla Hawley-Bowland is Ltc Lakin’s commander.


The article quotes Major General Hawley-Bowland’s staff at Walter Reed as saying that the Military District of Washington Commander, Major General Karl Horst will make the decision on Court Martial.


10 posted on 06/09/2010 12:34:19 PM PDT by jamese777
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To: Young Werther

I hope so but “Barry won” Looks like he has been able to get away with anything he wants.


11 posted on 06/09/2010 12:36:08 PM PDT by freebird5850 (B.P. = "Baracks' Problem")
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To: jamese777

The Walter Reed Army Medical Center has issued this statement concerning the forwarding of charges in LTC Lakin’s case now that the defense has waived the Article 32 investigation:
“LTC Lakin waived his Article 32 hearing on 4 June 2010. Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to MG Horst, the Military District of Washington Commander, on 8 June 2010. It is now up to MG Horst, to determine if the case will go to court-martial and the level of court-martial. MG Horst could also decide that some other disposition is more appropriate than court-martial. MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.”
I guess we don’t get to find out what Major General Hawley-Boland’s recommendation was.


12 posted on 06/09/2010 12:39:40 PM PDT by jamese777
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To: bushpilot1

“Major General Carla Hawley-Bowland is Ltc Lakin’s commander.”

Oh-oh, a hyphenated last name?


13 posted on 06/09/2010 12:42:09 PM PDT by eCSMaster (He promised hope; he gave us hype. He promised change; he gave us chains!)
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To: SvenMagnussen; Young Werther
It's never gonna happen. The court will not subpoena Obama or his birth records. The colonel is throwing away his career, pension and maybe his freedom for nothing.
14 posted on 06/09/2010 12:44:14 PM PDT by colorado tanker
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To: jamese777

I guess we don’t get to find out what Major General Hawley-Boland’s recommendation was


She is not the convening authority for Courts-Martial in the Washington DC area for the US Army. All Courts-Martial are covened thru the Commander, Military District of Washington, located at Fort McNair. All Walter Reed AMC Courts-Martial are done at MDW, Ft McNair


15 posted on 06/09/2010 12:45:47 PM PDT by UCFRoadWarrior (JD for Senate ..... jdforsenate.com. You either voting for JD, or voting for the Liberal...)
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To: UCFRoadWarrior

She is not the convening authority for Courts-Martial in the Washington DC area for the US Army. All Courts-Martial are covened thru the Commander, Military District of Washington, located at Fort McNair. All Walter Reed AMC Courts-Martial are done at MDW, Ft McNair.


True but she already sent a recommendation on disposition to the convening authority.


16 posted on 06/09/2010 12:47:53 PM PDT by jamese777
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To: colorado tanker
Lakin has thought long and hard about his decision. It was not on a whim.


Lakin Timeline

17 posted on 06/09/2010 12:48:10 PM PDT by Red Steel
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To: jamese777

It needs to be determined who the Court Martial authority is for Ltc Lakin.

“Washington, D.C., June 9, 2010. Saying that the Army has made it “impossible for me to present a defense”
at the Article 32 “preliminary hearing” previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin has officially waived –cancelled—that proceeding.

Therefore, the case will move inexorably on to a General Court Martial. The punishment for the charges filed against LTC Lakin carry a maximum term of four years in the penitentiary. Lakin expects the trial to be held in the early fall, but this has yet to be determined.

The next step will be the formal referral of the charges by Lakin’s Commanding General, Major General Carla Hawley-Bowland, followed by his arraignment before a Military Judge, both of which are expected before the end of June.”

http://www.safeguardourconstitution.com/news/press-release-june-2010.html


18 posted on 06/09/2010 12:49:01 PM PDT by bushpilot1
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To: bushpilot1

“Washington, D.C., June 9, 2010. Saying that the Army has made it “impossible for me to present a defense”
at the Article 32 “preliminary hearing” previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin has officially waived –cancelled—that proceeding.

Therefore, the case will move inexorably on to a General Court Martial. The punishment for the charges filed against LTC Lakin carry a maximum term of four years in the penitentiary. Lakin expects the trial to be held in the early fall, but this has yet to be determined.

The next step will be the formal referral of the charges by Lakin’s Commanding General, Major General Carla Hawley-Bowland, followed by his arraignment before a Military Judge, both of which are expected before the end of June.”

http://www.safeguardourconstitution.com/news/press-release-june-2010.html


Walter Reed already answered that.
One more time: The Walter Reed Army Medical Center has issued this statement concerning the forwarding of charges in LTC Lakin’s case now that the defense has waived the Article 32 investigation:

“LTC Lakin waived his Article 32 hearing on 4 June 2010. Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to MG Horst, the Military District of Washington Commander, on 8 June 2010. It is now up to MG Horst, to determine if the case will go to court-martial and the level of court-martial. MG Horst could also decide that some other disposition is more appropriate than court-martial. MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.”


19 posted on 06/09/2010 12:51:51 PM PDT by jamese777
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To: jamese777

“The next step will be the formal referral of the charges by Lakin’s Commanding General, Major General Carla Hawley-Bowland, followed by his arraignment before a Military Judge, both of which are expected before the end of June.”

Seems she has not sent a recommendation. You state she has.


20 posted on 06/09/2010 12:53:33 PM PDT by bushpilot1
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To: Red Steel

If the people whose advice he sought said this would resolve the birth certificate issue, they were badly uninformed.


21 posted on 06/09/2010 12:53:51 PM PDT by colorado tanker
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To: bushpilot1
“Washington, D.C., June 9, 2010. Saying that the Army has made it “impossible for me to present a defense” the Article 32 “preliminary hearing” previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin has officially waived –cancelled—that proceeding.

It make sense that they did cancel it.

22 posted on 06/09/2010 12:55:07 PM PDT by Red Steel
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To: bushpilot1

Seems she has not sent a recommendation. You state she has.


It was the press release from Walter Reed said that she has.


23 posted on 06/09/2010 1:02:19 PM PDT by jamese777
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To: colorado tanker

Yeah, everyone should just keep their head down, say nothing, and hope 0thugga doesn’t destroy the entire country and someone better is elected eventually.

Speaking up and acting on behalf of the Constitution is just so suicidal and useless. Not only should no one do it, just to be safe we should all criticize anyone who does.


24 posted on 06/09/2010 1:03:39 PM PDT by little jeremiah
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To: Paratrooper
This will not go to court martial, the Court Martial Convening Authority will levee a punishment and put this to an end.

How would that work? I've never heard of such a thing.

25 posted on 06/09/2010 1:05:37 PM PDT by TankerKC (R.I.P. Spc Trevor A. Win'E American Hero)
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To: jamese777; Red Steel

“Dasey, the military spokesman, sent along this statement on the case:

LTC Lakin waived his Article 32 hearing on 4 June 2010.

Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to MG Horst, the Military District of Washington Commander, on 8 June 2010.

It is now up to MG Horst, to determine if the case will go to court-martial and the level of court-martial. MG Horst could also decide that some other disposition is more appropriate than court-martial.

MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.”

From the link you posted. Who the heck is Dasey?


26 posted on 06/09/2010 1:07:33 PM PDT by bushpilot1
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To: jamese777

If this is such a big deal why doesn’t obama just show his birth certificate????????????


27 posted on 06/09/2010 1:07:36 PM PDT by cubreporter
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To: jamese777; LucyT

Ping to list!

Related:

Michael Savage:

“To have elected an unknown man of unknown origin, a man who’s probably not even an American citizen – How can the whole military not know this?” Savage asked on air this past week. “How could the entire military establishment not be asking the same question that millions of Americans are asking?

“Do you think it’s plausible that the entire United States military complex does not understand the extreme dangers of having a commander in chief with dual allegiances in the White House?” Savage asked of Obama, who has publicly admitted he was born to a British father and therefore born a dual citizen. “Do they not understand that the presidency may have been usurped by a foreign power?”

http://www.freerepublic.com/focus/f-backroom/2529214/posts?

STE=Q


28 posted on 06/09/2010 1:09:01 PM PDT by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: bushpilot1

LTC Lakin waived his Article 32 hearing on 4 June 2010.

Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to MG Horst, the Military District of Washington Commander, on 8 June 2010.

It is now up to MG Horst, to determine if the case will go to court-martial and the level of court-martial. MG Horst could also decide that some other disposition is more appropriate than court-martial.

MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.”

From the link you posted. Who the heck is Dasey?


Most likely a spokesperson in the Office of Public Affairs for Walter Reed.


29 posted on 06/09/2010 1:15:49 PM PDT by jamese777
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To: jamese777

Please post the press release from Walter Reed stating LTC Lakin’s Commander General forwarded the charges.


30 posted on 06/09/2010 1:16:08 PM PDT by bushpilot1
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To: jamese777

You are saying the Army issued a press release under the name of Dasey and most likely works in the Public Affairs Office at Walter Reed.

Please provide a link to the official press release.


31 posted on 06/09/2010 1:21:41 PM PDT by bushpilot1
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To: bushpilot1
MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.”

In this highly charged case the 'convening authority' will be the major command.

I'll add some info to what a convening authority does.

No trial court martial is complete without the convening authority's written approval or disapproval of the findings and sentence.

The convening authority can approve any portion of the findings or sentence found to be correct in law OR disapprove any findings or sentence in whole or part believed to be inappropriate. The convening authority may suspend the execution of any sentence that has been approved, except in the sentence of death. In certain instances, the convening authority may order a rehearing of the case. The convening authority may defer the service of a sentence to confinement. A deferment postpones the confinement, and the confinement, and the postponement remains in effect until the proper authority orders the sentence carried out or rescinds it.

32 posted on 06/09/2010 1:24:19 PM PDT by Red Steel
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To: little jeremiah
I'm not criticizing the colonel's stand on the issue. He has every right to call Obama out. But he's giving up what he's worked his whole life for and for nothing. He isn't going to convince anyone who isn't already convinced and this court isn't going to subpoena Obama or his records. It's just a waste a good man is doing this to himself.
33 posted on 06/09/2010 1:24:50 PM PDT by colorado tanker
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To: little jeremiah

Yeah, everyone should just keep their head down, say nothing, and hope 0thugga doesn’t destroy the entire country and someone better is elected eventually.

Speaking up and acting on behalf of the Constitution is just so suicidal and useless. Not only should no one do it, just to be safe we should all criticize anyone who does.”
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Best post of the day!

STE=Q


34 posted on 06/09/2010 1:30:48 PM PDT by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: colorado tanker
But he's giving up what he's worked his whole life for and for nothing.

I don't agree with your premise. Some people do not define there lives by the profession or job they may have at the moment.

He isn't going to convince anyone who isn't already convinced and this court isn't going to subpoena Obama or his records. It's just a waste a good man is doing this to himself.

It will have an effect. Obama is not going to look good by the persecution of LTC Lakin. The legacy of Obama will be as of a fraud that only the delusional will deny. Time is not on his side.

35 posted on 06/09/2010 1:31:00 PM PDT by Red Steel
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To: bushpilot1

You are saying the Army issued a press release under the name of Dasey and most likely works in the Public Affairs Office at Walter Reed.

Please provide a link to the official press release.


I just went to the Walter Reed website and the Public Affairs Office section of the site but the press release isn’t there yet.

This is from the original article that this thread is based on: “Lt. Col. Lakin refused orders on the grounds that Barack Obama is not eligible to be president. It is now up to Maj. Gen. Karl Horst, Military District of Washington Commander, to decide if the case will go to trial, said Chuck Dasey, spokesman at Walter Reed Army Medical Center in Washington, where Lakin is assigned.”

I googled “Chuck Dasey Walter Reed” and found this: Media may contact Walter Reed’s Public Affairs Officer Chuck Dasey at (202) 782-7500 or e-mail at chuck.dasey@us.army.mil


36 posted on 06/09/2010 1:32:01 PM PDT by jamese777
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To: jamese777; Red Steel

Where is the official press release stating charges were sent from Walter Reed to MG Horst.

You said they were sent according to a Dasey “most likely a spokesperson in the office of PA at WR.”


37 posted on 06/09/2010 1:34:45 PM PDT by bushpilot1
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To: Red Steel

I don’t agree with your premise. Some people do not define there lives by the profession or job they may have at the moment.

He isn’t going to convince anyone who isn’t already convinced and this court isn’t going to subpoena Obama or his records. It’s just a waste a good man is doing this to himself.

It will have an effect. Obama is not going to look good by the persecution of LTC Lakin. The legacy of Obama will be as of a fraud that only the delusional will deny. Time is not on his side.


If there is a general court martial conviction, Obama could pardon Lakin and look very good and benevolent. He would be using Lakin. It would be another “invite the Cambridge, Massachusetts police officer over for a beer moment.”
Ya gotta study Obama’s M.O.


38 posted on 06/09/2010 1:35:15 PM PDT by jamese777
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To: bushpilot1

Where is the official press release stating charges were sent from Walter Reed to MG Horst.

You said they were sent according to a Dasey “most likely a spokesperson in the office of PA at WR.”


You can request a copy at Dasey’s email address:
chuck.dasey@us.army.mil


39 posted on 06/09/2010 1:37:42 PM PDT by jamese777
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To: jamese777; Red Steel

This Dasey character leaked it to the web site you posted.


40 posted on 06/09/2010 1:38:38 PM PDT by bushpilot1
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To: jamese777
He isn’t going to convince anyone who isn’t already convinced

BS troll.

and this court isn’t going to subpoena Obama or his records. It’s just a waste a good man is doing this to himself.

You should redirect your efforts against the Kenyan in the White House Obot. Lakin is a strategic thinker. He obviously thinks it is a worthy cause.

If there is a general court martial conviction, Obama could pardon Lakin and look very good and benevolent. He would be using Lakin. It would be another “invite the Cambridge, Massachusetts police officer over for a beer moment.” Ya gotta study Obama’s M.O.


That will be the day in a pig's eye. LOL! The Kenyan clown is thin-skinned.

41 posted on 06/09/2010 1:43:00 PM PDT by Red Steel
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To: colorado tanker

“He isn’t going to convince anyone who isn’t already convinced and this court isn’t going to subpoena Obama or his records.”

He’s is not issuing a subpoena for Obama’s records. The record belong to the People. Obama is using his right of privacy to keep the records maintained and controlled by the People sealed.

Lakin is entitled to a vigorous and affirmative defense. We assume the records Obama can’t let the public see will, in fact, be made public. But, it’s not necessary. The records can be entered as evidence and sealed by a closed court after Lakin uses them to defend himself.


42 posted on 06/09/2010 1:48:01 PM PDT by SvenMagnussen (Brown delivery gets there eventually (except for laptops).)
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To: bushpilot1

This Dasey character leaked it to the web site you posted.


The official spokesperson of Walter Reed Army Medical Center has no need to “leak.” His job is to respond to media inquiries and to issue press releases that are then picked up by media outlets.

In this case, it appears that TPM was the first media source to make an inquiry and Dasey issued a statement. Whether it was a formal press release or not remains to be seen but he appears to have responded to a media request for information about the cancellation of the Lakin Article 32 hearing.

I do not know if Dasey’s response was over the phone, via email or in a written statement. But it certainly appears to have been a written statement in format.

If you have just a bit of patience, we should all know with 100 percent certainty in pretty short order whether or not Major General Karl Horst, Military District of Washington Commander is truly going to be the person to decide if the case will go to trial.


43 posted on 06/09/2010 1:49:37 PM PDT by jamese777
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To: SvenMagnussen
The court will rule Obama’s birth records are irrelevant to the issue at hand, which is was he given those orders and did he disobey them by missing movement? The court will rule Obama’s birth records are irrelevant to that issue as a matter of law.
44 posted on 06/09/2010 1:53:11 PM PDT by colorado tanker
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To: colorado tanker

Yeah, imagine stupid stuff like self-sacrifice, bravery, standing up for the truth, having convictions that don’t melt when conflicting with self interest. How last century. I mean, what’s the future of the country compared to a pension!??!

Every man for himself, and who cares about principle or truth.

Yeah!


45 posted on 06/09/2010 2:06:13 PM PDT by little jeremiah
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To: colorado tanker

The de facto officer doctrine does not apply to Lakin because he made his concerns as to the eligibility of the CiC publicly know before POTUS was sworn in.

The de facto officer doctrine applies to defendants who raise concerns about the officer’s authority AFTER he is convicted. Lakin raised concerns before he was even charged.


46 posted on 06/09/2010 2:11:19 PM PDT by SvenMagnussen (Brown delivery gets there eventually (except for laptops).)
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To: SvenMagnussen

Betcha a steak dinner that’s not how it comes out.


47 posted on 06/09/2010 2:12:22 PM PDT by colorado tanker
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To: jamese777; Red Steel

TPM is a left wing site...but guess you knew this.


48 posted on 06/09/2010 2:12:34 PM PDT by bushpilot1
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To: bushpilot1
TPM is a left wing site...but guess you knew this.

Very left and it knew it.

49 posted on 06/09/2010 2:14:32 PM PDT by Red Steel
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To: bushpilot1

TPM is a left wing site...but guess you knew this.


If the information is wrong, it will soon be exposed as inaccurate.
Again, why not just email Dasey at the Walter Reed Public Affairs Office and satisfy yourself as to the accuracy of the story. First hand information is usually best.


50 posted on 06/09/2010 2:17:50 PM PDT by jamese777
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