Birther Army Doc Waives Hearing, Court Martial Likely To Move Ahead

TPM ^ | 7/9/10 | Justin Elliot

[Red Steel]

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.

[SvenMagnussen]

“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.

[jamese777]

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.

[colorado tanker]

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.

[little jeremiah]

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!

[SvenMagnussen]

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.

[colorado tanker]

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

[bushpilot1]

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

[Red Steel]

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

Very left and it knew it.

[jamese777]

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.

[bushpilot1]

My gut is telling me this stinks. The connection to TPM and the Army is alarming. There is nothing in the news regarding this so called press release.

[jamese777]

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.

---

The Investigating Officer in the Lieutenant Colonel Lakin Court Martial sees the legal issue differently:
Lieutenant Colonel Driscoll wrote in his Memorandum:
“The Government does not charge that the President gave an order directly to LTC Lakin. For the President’s credentials to have any bearing on the charges against LTC Lakin, the Defense proposition must be that military orders issued by superiors to juniors are all ‘invalidated’ during the period the President improperly holds office. This proposition fails to account for the law of lawfulness of orders, which in essence requires that a facially proper order be obeyed so long as it does not require the commission of a criminal act. See, e.g., United States v. New, 55 MJ. 95, 107 -108 (2001) (medic who doubted lawfulness of order to deploy with United Nations uniform accoutrements unable to overcome presumption of lawfulness of superior’s orders to so deploy). Moreover, the Defense proposition fails to account for the de facto officer doctrine, a military variant of apparent authority. The Defense offers no legal support whatever for its position, which I find to be far from ‘axiomatic.’ As far as I have found, the position has no basis in law.”

[jamese777]

My gut is telling me this stinks. The connection to TPM and the Army is alarming. There is nothing in the news regarding this so called press release.

---

One more time, it may not have been a formal press release. It could have just as easily been a Public Affair’s officer’s response to a reporter’s question.
I am sure the information about the next step in the Lakin court martial process will also be up on the American Patriot Foundation’s website, The Post and Email’s site and on WorldNetDaily soon enough for confirmation or denial.

[Dryman]

“FREE THE LONG FORM!”

[Non-Sequitur]

A court martial will give him more standing in appeal.

Standing is the legal right to initiate a civil lawsuit. This is a criminal trial. If Lakin is convicted then his right to appeal his conviction is guaranteed.

[Non-Sequitur]

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!

The officer presiding over Lakin's Article 32 hearing has already said Obama's documents are irrelevant to the charges Lakin is facing.

[jamese777]

“FREE THE LONG FORM!”

---

Unfortunately the long form isn’t free. They used to cost about $12.

[bushpilot1]

http://www.huffingtonpost.com/social/jamese777?action=comments

[Red Steel]

http://www.huffingtonpost.com/social/jamese777?action=comments

Obama pays the Huff-Trolls to do just that - troll:

Huffington Post, Obama, Obama campaign paid Huffington Post $ 55354 in 2008

[ExGeeEye]

So it would seem.

Nathan Hale threw away much more for just such ephemera, and only regretted he had no more to give.