....Trying to catch up, again. Wish the days were twenty-six hours long.
Check out # 2, also. [Thanx for the pings.]
Posted on 08/02/2010 5:29:53 AM PDT by captjanaway
Washington, D.C., August 2, 2010. The Army has now referred charges against LTC Terrence Lakin for a General Court Martial. This action triggered the appointment of a Military Judge to preside over the trial, which will likely be scheduled before October, and held in Washington, D.C. at Ft. McNair.
On August 6, 2010 at Ft. McNair in Washington, D.C., the court will convene for the purpose of Judge Lind taking Lakin’s plea to the charges which consist of “missing movement” and of refusing to obey orders. Today Lakin stated: “I am not guilty of these charges, and will plead ‘not guilty’ to them because of my conviction that our Commander-in-Chief may be ineligible under the United States Constitution to serve in that highest of all offices. The truth matters. The Constitution matters. If President Obama is a natural born citizen then the American people deserve to see proof, and if he is not, then I believe the orders in this case were illegal.” If convicted, Lakin faces up to four years at hard labor in a federal penitentiary.
(Excerpt) Read more at safeguardourconstitution.com. ...
....Trying to catch up, again. Wish the days were twenty-six hours long.
Check out # 2, also. [Thanx for the pings.]
And which singular (state) court case would that be?
<>He meets a commonly understood definition that can be found in legal and scholarly documentation<>
But not in historical traditional legal and scholarly documentation — only recent liberal redefinitions attempted by those who hate the chains of the Constitution.
<> no court has ever ruled that definition does not apply<>
The court of history has already been convened and the Vattel definition cannot be erased or overturned no matter how hard you try, or how much you wish, or how many times you click your ruby red slippers together:
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen/
http://theobamafile.com/ObamaNaturalBorn.htm#LeahyResolution
http://puzo1.blogspot.com/2009/04/obama-president-of-us-is-currently-also_07.html
<>Give up the fantasy and let’s win some elections.<>
Ohh — so then the Constitution and American History is a fantasy to you??? You really tired and old.
You would have a completely different attitude had you ever experienced the military. Your perspective, while I sort of see it from a distance, is something I cannot digest.
You do not understand the seriousness or ethos of military and command. You cannot and will not ever understand.
Presented for your edification.
THE SOLDIERS CREED
I am an American Soldier.
I am a Warrior and a member of a team.
I serve the people of the United States, and live the Army Values.
I will always place the mission first.
I will never accept defeat.
I will never quit.
I will never leave a fallen comrade.
I am disciplined, physically and mentally tough, trained and proficient in my warrior tasks and drills.
I always maintain my arms, my equipment and myself.
I am an expert and I am a professional.
I stand ready to deploy, engage, and destroy, the enemies of the United States of America in close combat.
I am a guardian of freedom and the American way of life.
I am an American Soldier.
I meant that it would be a tough on to prove without bringing up weather Obama is eligible or not.
Where in Wong Kim Ark does it say his US birth to 2 Chinese-citizen parents makes him a “natural born citizen?”
I haven’t read through the responses yet, so someone may have already asked this.
Are we actually at war? Has Congress declared war against Afghanistan/Iraq?
I don’t think so. So what does this do to the “missing movement” situation?
I hope his lawyers are able to demand his passport records and his college scholarship information. I want to know how he paid for college, and who helped him!
No Iam basing my argument on the fact that obama stated on his “fight the smears” website that he was born with dual citizenship. This automatically disqualifies him from being President. Natural born citizens must be born of parents who were U.S. citizens( minor vs happensett,U.S. Supreme court).. It does not matter that obama has already stated that his father was a foreign national , it has to be proven in court. To prove IT in court requires a CERTIFIED COPY OF HIS BIRTH CERTIFICATE. Why do you think obama is fighting so hard to make sure no one gets a court legal copy, it would remove him from office under Article 2 of the Constitution.
It was historical, legal and scholarly enough to actually be cited in the most recent court case to discuss the subject. It was historical, legal and scholarly enough for that court to note that it would deem Obama a natural born citizen. That means a lot more than the cut-and-paste hack work you repeatedly brandish in the hope that someone who matters will care, which they never will. For obvious reasons.
“The court of history has already been convened and the Vattel definition cannot be erased or overturned no matter how hard you try, or how much you wish, or how many times you click your ruby red slippers together:”
There is no court of history, although you might have a salable idea for a new History channel show. That's just a fanciful phrase flung around by people who don't have an actual court in their corner. And no one is trying to erase Vattel from existence. He simply isn't a governing legal authority. You're the one clicking your ruby red slippers together to no avail.
“Ohh — so then the Constitution and American History is a fantasy to you??? You really tired and old.”
Nope. Let me know when you're self-righteous delusions about the Constitution and law bear fruit.
Where I think for sure that he will be found guilty are specifications 1 and 2 of article 92 where he's been given orders to appear in front of his Commanding Officer and he chose not to appear. That happened PRIOR to his missing movement on April 12th. Those were written orders by his superior officers to appear. They orders weren't derived from President Obama.
He wasn’t charged with being AWOL. He was charged with one specification of missing movement (article 87) and four specifications of disobeying a lawful order (article 92):
887. ART. 87. MISSING MOVEMENT
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
CHARGE I, VIOLATION OF THE UCMJ. ARTICLE 87
The Specification: In that Lieutenant Colonel Terrence L. Lakin, US Army, did, at or near Arlington, Virginia, on or about 12 April 2010, through design, miss the movement of US Airways Flight Number 1123, departing from Baltimore/Washington International Airport arriving in Charlotte, North Carolina, in order to deploy for a Temporary Change of Station in support of Operation Enduring Freedom with the 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, with which he was required in the course of duty to move.
********
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who—
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
CHARGE II, VIOLATION OF THE UCMJ . ARTICLE 92
Specification 1: In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Lieutenant Colonel William Judd, to report to the office of his Brigade Commander, Colonel Gordon R. Roberts, at 1345 hours, or words to that effect, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.
Specification 2: In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Gordon R. Roberts, to wit: a memorandum signed by the said Colonel Gordon R. Roberts, dated 31 March 2010, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.
Specification 3: In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Peter M. McHugh, to wit: Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, requiring the said Lieutenant Colonel Terrence L. Lakin to report to Fort Campbell, Kentucky not later than 1500 hours on 12 April 2010, an order which it was his duty to obey, did at or near Washington, District of Columbia, on or about 12 April 2010, fail to obey the same by wrongfully failing to report to 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.
Specification 4: In that Lieutenant Colonel Terrence L. Lakin, US Army, who knew or should have known of his duties at or near Washington, District of Columbia, on or about 12 April 2010, was derelict in the performance of those duties in that he willfully failed to report to Fort Campbell, Kentucky in accordance with Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, in support of Operation Enduring Freedom, as it was his duty to do.
Why the anger?
CIC has nothing to do with commanding? Really?
<>It was historical, legal and scholarly enough to actually be cited in the most recent court case to discuss the subject.<>
Are you referring to this abomination by the famous Footnote 14 Indiana Court???
http://www.thepostemail.com/2009/11/13/indiana-appellate-court-reinvents-nbc-definition/
<>It was historical, legal and scholarly enough for that court to note that it would deem Obama a natural born citizen.<>
Are you referring to the prefabricated doublespeak like this Footnote 14 in their ruling:
“14 We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a “natural born Citizen” using the Constitution’s Article II language is immaterial”.
Is this court of clowns your authority????
You’ve got nothing — nothing — and you know it — and your court of clowns admitted it with their Footnote 14.
The court of history has already met and the definition used by our historians, founders and Supreme Court justices cannot be overturned by any court, much those court jesters you think so highly of.
You have just demonstrated that you’re on the wrong forum and should change your name to “tired old liberal”.
Oh now, I didn’t say that. Please don’t put words in my mouth.
If my CO tells me to appear in front of him and that order is given to me in written form, then I had better appear or suffer the consequences. President Obama didn’t give Lakin a written order to appear before his CO, Lakin’s CO did and those two specifications are what will (for sure) get him in trouble.
He can argue the missing movement part, and perhaps he’ll get away with it, but I don’t see how he can use President Obama’s citizenship as his excuse for not following those two orders.
You’ve got nothing — nothing — and you know it — and your court of clowns admitted it with their Footnote 14.”
That court of clowns has an authority you can only dream of. It is a real court that produces real decisions and arguments the real world has to deal with. You have a fantasy court in your head that feeds the delusions giving you comfort.
Some misguided soul like yourself brought this to the Indiana court system with a fantasy in his head of how it would turn out. Reality intervened. I'm sure he was sputtering with rage, too. Reality can do that.
“The court of history has already met and the definition used by our historians, founders and Supreme Court justices cannot be overturned by any court, much those court jesters you think so highly of.”
So where did this court of history meet? Where are the stenographer's records? Who presided?
Again, it's a delusion in your head that you'll never see upheld in reality. Most people eventually learn to rethink the delusion in their head, but a dedicated few insist until their dying day that everyone else is wrong. Absolutely everyone.
You can spew and spew and spew, but you're the one who doesn't have a single actionable official taking the slightest interest in this clap trap. Maybe some day you'll figure out why.
“You have just demonstrated that you’re on the wrong forum and should change your name to “tired old liberal”.”
So looking to your deluded fantasies instead of actual court decisions is the mark of conservatism? I think you've just proven something indeed, but I'll leave to others to figure out what.
Ok...If Gen. Patreaus gets an order from the pretend POTUS, since nobody seems to know if he is holding office legally, then he creates sub orders based upon the pretend POTUS desires. I think (and what I think matters not much in a land where General officers are oath breakers [Patreaus included] that a foul smelling order creates downline foul smelling orders that stink as much as the first order. It is pretty simple logic, but the world is a trap for logicians.
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