Posted on 06/11/2010 10:36:30 AM PDT by Smokeyblue
An Army officer who invited his own court-martial to resolve for the nation questions about Barack Obama's eligibility to be president has waived a preliminary hearing in his case.
Lt. Col. Terrence Lakin, who refused orders from a chain of command led by Obama, also today released a new video explaining why documentation needs to be released by Obama that could confirm that he qualifies to be president under the Constitution's demand that the office by held only by a "natural born citizen."
Lakin was scheduled for an Article 32 military hearing tomorrow, the equivalent of a civilian preliminary hearing in a court case. But Daniel J. Driscoll, an Army hearing officer, had banned Lakin from bringing in evidence about Obama's birth as well as testimony from Hawaii officials who may have information on the subject.
(Excerpt) Read more at wnd.com ...
Brave man to risk his career, retirement and prison time to try an challenge this. However, I believe the fix is already in and he will not be allowed to bring any evidence about Obama into the court room nor will he be allowed to discover any such evidence.
Maybe, since this is a criminal case, the information will be forthcoming.
Waiting for the idiot posters to show up to say “well he needs to do his duty and salute Obama and the top brass.”
What are is law about disobeying orders that may have been illegitimately made?
Does he have to defer that decision to his line commander, who has to defer to his?
Lol, so true!
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
I believe the fix is definitely in, but I believe the UCMJ allows him to appeal a conviction to the SCOTUS. That is where the facts about 0bama need to be examined anyway.
NBC Ping
An American hero
Godspeed, Lakin.
My bet is this will never go to trial. How many of these have taken place, still no proof from Obama. There won’t be unless the American people demand it and they aren’t doing that right now.
If we take back the house and the senate however I think we should pressure the congress to do something. We simply can’t afford to let this go. The American people must know who thier president really is.
I fear that the Colonel has wagered everything he has on a game with loaded dice.
A gamble he is willingly and methodically taking. He will be vindicated.
Don't know if you've ever been in the Armed Forces but we were taught in BCT (*many* years ago) that a soldier isn't obliged to obey an "illegal" order.The problem for the Colonel is that there's no way the military judge will allow the defense to even bring up that subject.
The people who founded this country lost a lot more. Sadly idiots who empower Obama watching TV support doing nothing. “If the general tells me to salute the usuper - I do my damn duty cause I get cheap beer and smokes at the PX.”
The Pentagon, Joint Chiefs and SCOTUS are cowards.
“The problem for the Colonel is that there’s no way the military judge will allow the defense to even bring up that subject.”
Then I would say it’s a kangaroo court
so he could room with another foreign born student
his gay muslim Paki boyfriend.
Occidental College, right?
Check it out...
Obama Espoused Radical Views in College [advocated revolution] Dr. John Drew PhD : --- who knew him very well as a gay passionate Marxist.
http://www.breitbart.tv/the-b-cast-interview-was-obama-a-committed-marxist-in-college/
Dr. John C. Drew, a grant writing consultant in Laguna Niguel, Calif., tells Newsmax he met Obama in 1980 when Obama was a sophomore at Occidental College in Los Angeles. Drew had just graduated from Occidental and was attending graduate school at Cornell University.
During Christmas break, Drew says he was at Grauman-Boss’ home in Palo Alto when Obama came over with Mohammed Hasan Chandoo, his roommate from Pakistan.
“Barack [Obama] and Hasan showed up at the house in a BMW, and then we went to a restaurant together,” Drew says. “We had a nice meal, and then we came back to the house and smoked cigarettes and drank and argued politics.”
For the next several hours, they discussed Marxism.
“He [Obama] was arguing a straightforward Marxist-Leninist class-struggle point of view, which anticipated that there would be a revolution of the working class, led by revolutionaries, who would overthrow the capitalist system and institute a new socialist government that would redistribute the wealth,” says Drew, who says he himself was then a Marxist.
“The idea was basically that wealthy people were exploiting others,” Drew says. “That this was the secret of their wealth, that they weren’t paying others enough for their work, and they were using and taking advantage of other people. He was convinced that a revolution would take place, and it would be a good thing.”
Drew concluded that Obama thought of himself as “part of an intelligent, radical vanguard that was leading the way towards this revolution and towards this new society.” ..."
Referring to Obama’s quote from “Dreams of My Father” that he associated with Marxist professors, Drew says, “What he’s not saying is that he was in 100 percent total agreement with those Marxist professors.
When you understand that, Obama’s later associations and policies make more sense, including why he was taken in by Rev. Wright’s ideology.”
“And in at least one of the earlier disputes, the Army simply canceled the orders rather than allow the argument to come to a head. “
The probable outcome of this situation.
Obama will not release any information on his birth history because there is something in his background he wishes to conceal. His natural birth status is a possibility. There may be another reason.
I think I read that there's only one situation where the SCOTUS would even have the option to review it.Can't recall the details but it said that it's very rare for a court martial conviction to be reviewed by the SCOTUS.
You have far more faith than do I.
It’s sad that a officer has to put his career on the line for this case. But a high profile case like this may be the only answer to removing obama. Another officer is making a little noise also, Maj. General Paul Wallely( retired). If enough military officers speak up the media will have a hard time ignoring it.
It’s sad that a officer has to put his career on the line for this case. But a high profile case like this may be the only answer to removing obama. Another officer is making a little noise also, Maj. General Paul Wallely( retired). If enough military officers speak up the media will have a hard time ignoring it.
The UCMJ is very clear about illegal orders. I do not believe it addresses illegitamate orders and highly doubt that they would.
As a uniformed services member, you are responsible for your behaviour, determining whether your superior at any level of the chain of command is legitimate would not fall upon the member and I’m sure would be frowned upon.
Can you imagine the uproar here if a colonel refused to deploy when the war started because the votes weren’t adequately counted in Florida?
Per the Manuel for Courts-Martial...
(2) Disobeying superior commissioned officer.
(a) Lawfulness of the order.
(i) Inference of lawfulness. An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime
What about decisions that are made by civilian command (to include the CIC) that the service member believes to be unlawful (to include unconstitutional), and therefor are disobeyed? Well, CAAF (which is the highest military court of appeals before SCOTUS), had this to say in a case involving another doctor from the first Gulf War who believed that to be an unconstitutional action...
“[t]he duty to disobey an unlawful order applies only to a positive act that constitutes a crime that is so manifestly beyond the legal power or discretion of the commander as to admit of no rational doubt of their unlawfulness.”United States v. Huet-Vaughn, 43 M.J. 105, 114-15 (C.A.A.F. 1995)
Lakin is charged with missing movement and failure to obey. Facially, there is nothing in a deployment order that is criminal, which is the standard set-forth in Huet-Vaughn.
Moreover, Lakin was formally counseled before directly disobeying the orders and missing movement that the orders were indeed lawful. If he had obtained competent counsel, they would have informed Lakin that he absolutely no chance of prevailing at trial, nor would any of the "Obama isn't really eligible" business come in at trial. It's as simple as that, unfortunately.
There is NO office of president to respect not since Reagan.
Some of the most admirable people in the country serve in these institutions, and you paint them all with the same brush?
Were I to paint you with such a broad brush who else would it swipe? Helen Thomas?...Michael Moore?...Bill Maher?...Rosie O'?...They, and countless others, despise the same institutions as you, so why are you different from them?
I think this is specific to Hussein.*All* orders issued by military officers and NCO's are deemed,legally speaking,to have ultimately come from the Commander-In-Chief.If the CiC is deemed to be occupying the office of POTUS unconstitutionally then one could reasonably believe that *all* orders issued by the military are illegal/invalid.
“still no proof from Obama”
I wonder if proof has been obtained but, never presented in court?
From this angle, it appears that the Lt. Colonel is taking a vacation to Leavenworth.
He had a couple of options when he decided to go rogue, and he chose poorly. He could have just resigned his commission, and that would be the end of it. Then he could spend the rest of his life and money trying to prove that Obama is not an American.
Now, he will be discredited and broken. He might have gone off the reservation to think this would fly.
It looks as if Lt. Col. Terrence Lakin has thought this through very thoroughly. I can’t wait to see what happens next in this grand chess match.
Army to Officer: It's a date!
It was ruled not relevant to the charges against him. He's being tried for refusing to obey the orders of his brigade commander and with missing movement.
Generally speaking, there are two ways in which SCOTUS can review judgments from courts-martial. First, there is a formalized appellate process in military law. After conviction and sentencing, the convening authority reviews the case and either approves, disapproves or mitigates the judgment and/or sentence. Once the convening authority has acted, the guilty may then appeal the trial court's judgment to the first appellate court called the US Court of Military Appeals(CMA). This court is staffed by active duty JAGS.
If that appeal is unsuccessful at CMA, they(the guilty) may then appeal to the US Court of Appeals for the Armed Forces(CAAF). This is a military court that is staffed by civilians, civilians that by statute, must be prior service JAGS.
If CAAF denies the petition for extraordinary relief, then that's that. The appellate process is over and the case cannot be appealed to the Supreme Court. Many people want this changed, but today that is the way it works. If CAAF does here the case (which is rare, as they hear less than 10% of all cases) and affirms the lower court's rulings, then the guilty may then file a petition for cert with the Supremes.
There is another way to get to the Supreme Court, however, even if denied at CAAF, but it takes some time. If the service member is confined for a period of time long enough to exhaust all appellate options, they can - with some limitations - file what is known as a habeas petition with the Supremes. Such petitions are extraordinarily rare, but not completely unheard of.
In Lakin's case, if convicted he wouldn't be confined for a period time even remotely close enough to file a habeas petition.
Yep.
There would be an appeal to the Army Court of Criminal Appeals. There would be an appeal to the Court of Appeals for the Armed Forces ONLY if the JAG orders it or the Court exercises discretionary jurisdiction to take it. If the Court of Appeals has denied discretionary review, there is no SCOTUS jurisdiction.
A bill is pending in Congress to change this, but even if passed may be too late to affect this case.
Based on his video I am becoming inclined to think that the Army is better off not having this guy practice medicine on soldiers.
“If the CiC is deemed to be occupying the office of POTUS unconstitutionally then one could reasonably believe that *all* orders issued by the military are illegal/invalid. “
Military expert question;
If Obama found ineligible (snowball chance in hell) would that mean that every order given until that date were dismissed?
It's a crying shame that he didn't bother to think this through very clearly.
Zero needs to go but I have qualms about chaos in the military being the tool to remove him.
Soap Box, Ballot box, Jury Box .....
I don't believe he has, at all. He's a doctor, not an attorney. If he is ignoring advice of counsel and continuing to walk this path, the doctor has a fool for a patient.
If he's actually receiving legal advice from counsel that this is a good idea, the bright side is that he has a legitimate claim for ineffective assistance of counsel upon which to build his appeal.
But, this isn't a "chess match". From a legal standpoint, this is about as straightforward as a court-martial can get. Lakin is going to lose and no military judge is going to allow any of this Obama business in at trial (perhaps at allocution, but not trial) and there's not an appellate court in the country that will find fault with that lower court decision.
Lt Col Lakin truly is courageous, but he has a long uphill battle with the deck stacked against him.
Officer to Army: See you in court
Army to Officer: It’s a date!
Public to Army & Officer: We’re following this trial!
This dude has some BRASS BALLS.
Public: why can't Obama prove that he was born in Hawaii?
Soldiers in Iraq and Afghanistan are getting pawned by the usurper because his is a Saudi mole.
The Pentagon, DOD, govt are filled with Mus Brotherhood and Hamas moles probably leaking intel back to Al Qeada and the Taliban. People have no clue cause they watch TV and empower Hussein by watching TV. STupid sheep.
Military expert question;
If Obama found ineligible (snowball chance in hell) would that mean that every order given until that date were dismissed?
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