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Press Release: Army Refers Charges Against Lakin To Court Martial
Safeguard Our Constitution ^ | August 2, 2010 | Margaret Hemenway

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. ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: birthcertificate; courtmartial; dncfraud; documentfraud; enemydomestic; howmanymoredeaths; kenyanincharge; lakin; naturalborncitizen; nobc; nobirthcertificate; nodocumentation; obama; soldier; usarmy
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To: RowdyFFC
"There are a couple of young soldiers who followed the orders of their superior to shoot military age insurgents on site, that might be wishing they had questioned the legality of their orders, that are sitting in 18 and 25 years in prison as we speak. Strange isn’t it, their superior, Col. Steele got a slap on the hand. Whose orders WAS he following that he got off so lightly and they didn’t? Hmmmm?"

I don't understand how anyone can hope to have an intellectual discussion with someone who compares an order to deploy, to an order to shoot someone - anyone.

"TLC Lakin is doing his duty."

Lakin raised his concerns with command. He was formally counseled PRIOR to him electing to miss movement that his orders were LAWFUL. He has no defense.

361 posted on 08/04/2010 1:47:58 PM PDT by OldDeckHand
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To: OldDeckHand

Lakin raised his concerns with command. He was formally counseled PRIOR to him electing to miss movement that his orders were LAWFUL. He has no defense.

361 posted on Wednesday, August 04, 2010 1:47:58 PM by OldDeckHand


And irony of ironies, since Lieutenant Colonel Lakin is not confined prior to his Court Martial, he is being paid by the Obama Administration’s Defense Department for whatever work or sitting around that he is doing and his fate rests in the hands of Major General Karl Horst who was promoted to Major General by President Barack Hussein Obama and who also was appointed to his current position as Commandant of the US Army Military District of Washington DC by President Barack Hussein Obama.


362 posted on 08/04/2010 2:29:44 PM PDT by jamese777
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To: Exmil_UK

The law is all about defintions.

Its a “I did not have sexual relations with that woman” trick.

Linking natural to born with a hyphen and inserting the word American before citizen breaks up the meaning. The effect cannot be defined exactly.

Fukino is a medical docter, not a constitutional lawyer, that makes her use of “natural-born” *especially* dangerous.


If any Obama eligibility legal action were ever to actually make it over the standing hurdle, Dr. Fukino could be asked under oath if she means for the phrase “natural born citizen” to be synonomous with “natural born American citizen” or not. I’m betting that she would answer in the affirmative! Any trier of fact who is confused by her use of the term “natural born American citizen” can simply ask her to clarify.

As a physician Dr. Fukino is professionally capable of looking at a birth document and discerning if under “place of birth” it lists a place that is located in one of the states of the union and then, in her official appointed capacity as overseer of all Vital Records for the state of Hawaii, she is capable of issuing a professional judgement as to whether that location qualifies a person as a natural born American citizen or not.”

As the primary author of the US Constitution once said:
“It is an established maxim that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but in general place is the most certain criterion; it is what applies in the United States; it will, therefore, be unnecessary to examine any other.”—James Madison, Founding Father, Framer of the Constitution, 4th President of the United States.


363 posted on 08/04/2010 2:45:57 PM PDT by jamese777
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To: OldDeckHand
I don't think you have an appreciation for how straightforward and pedestrian Lakin's court-martial will be.

Sir,

1. If you would be so kind to reread my post I believe that I referred to this procedure as a "Kabuki Dance" - I am sure that you understand my meaning - the current procedure is preordained and scripted.

2. With all due respect, I don't believe your have the slightest clue as to what I understand and what I do not.

Huck
364 posted on 08/04/2010 7:36:26 PM PDT by I'll be your Huckleberry
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To: OldDeckHand
There are no "back channel politics" in play here.

There are no political appointees in the military justice system, at all

Oh sir how I envy your naivete...

Huck
365 posted on 08/04/2010 7:45:32 PM PDT by I'll be your Huckleberry
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To: I'll be your Huckleberry

Oh sir how I envy your naivete...

Huck


However it was Lieutenant Colonel Lakin who personally chose to involve himself in the court martial process in order to make his stand.

The court martial system deals with scores of movement failure orders every year. Lieutenant Colonel Lakin will be handled no differently than any other member of the military, enlisted or officer corps who refuses movement.

What will be perceived of as being political is that Lieutenant Colonel Lakin’s fate is in the hands of a commanding officer who was promoted by President Obama and assigned as commanding officer by Obama however both of those occurences happened before Lakin refused movement. But there’s just no way around the fact that a person who takes orders from Obama and accepted a promotion to Major General by Obama will be ruling on an officer who refused movement because of Obama.


366 posted on 08/04/2010 8:05:36 PM PDT by jamese777
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To: OldDeckHand

WHO decided his orders were lawful? WHO did the military command consult to decide the orders were lawful? What court did the military command go through to make such a determination? What PROOF did the military command have that Ayatollah Obama is eligible to hand down LEGAL ORDERS? Does the military command determine the legality of the Constitution?


367 posted on 08/04/2010 8:56:23 PM PDT by RowdyFFC (.)
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To: RowdyFFC; OldDeckHand

Orders are assumed to be lawful unless they obviously are in conflict with established law.

Given that Obama is accepted as President by the Congress & US Supreme Court, there is no obvious reason why his orders to deploy are illegal.

An officer is not required to prove an order is legal. And a suspicion that they may not be legal is insufficient grounds for disobeying. On several occasions, I told my Commander that if he would put his orders in writing and run them past legal, I’d obey them. On those occasions, the refusal of my Commander to do so left me free to refuse, which I did. And yes, I took some personal loss in career from continuing to be evaluated by someone whose orders I had refused to obey.


368 posted on 08/04/2010 9:06:14 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Mr Rogers

So, a man whose father was a Kenyan subject is automatically not eligible to serve as COC of the US military. That means he can OBVIOUSLY not be handing down legal orders.

Enuff said.


369 posted on 08/05/2010 5:55:15 AM PDT by RowdyFFC (.)
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To: orinoco
"That’s not an original birth certificate!"

I take it you mean a picture of the hand filled form completed when he was born. That's not what Hawaii issues. Their birth certificates are still just as official and just as meaningful, and contain all the data that is necessary to decide the issue. It doesn't have to be the "original".

370 posted on 08/05/2010 7:31:43 AM PDT by mlo
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To: mlo

What hospital was he born in?


371 posted on 08/05/2010 8:06:40 AM PDT by orinoco
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To: RowdyFFC

“So, a man whose father was a Kenyan subject is automatically not eligible to serve as COC of the US military.”

Incorrect. The courts have long interpreted ‘natural born’ as someone whose citizenship is derived from birth in the country. [Note: there has never been a formal RULING on this, but the discussion in multiple Supreme Court cases has assumed it to be true. To reverse direction would be theoretically possible, but it would overturn 150 years of established cases.]

There is no indication in the Constitution that having a foreign born father prevents one from being a natural born citizen. IAW English Common law, the courts have argued that the phrase is analogous to ‘natural born subject’, which from the 1600s on included the children of aliens born within the realm.

There is no legal justification for claiming a natural born citizen requires two citizen parents.


372 posted on 08/05/2010 8:07:58 AM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: orinoco; mlo

The name of a hospital is not required to establish if he was born in Hawaii. Since the info is not needed, the courts won’t require a separate form with that information on it.


373 posted on 08/05/2010 8:10:20 AM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: orinoco

I always assumed he was born in a manger. :)


374 posted on 08/05/2010 8:43:10 AM PDT by verity
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To: I'll be your Huckleberry
"Oh sir how I envy your naivete... "

Let's see, I practiced military law for the better part of 25 years. What's your experience, other than Tom Clancy novels.

375 posted on 08/05/2010 11:05:28 AM PDT by OldDeckHand
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To: I'll be your Huckleberry
"2. With all due respect, I don't believe your have the slightest clue as to what I understand and what I do not. "

With respect to the legal case against LTC Lakin, your posts clearly indicate you don't possess even a remedial understanding of military law, and the Rules for Court-Martial.

376 posted on 08/05/2010 11:07:08 AM PDT by OldDeckHand
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To: RowdyFFC
"WHO decided his orders were lawful? "

Lakin was formally counseled on 31MAR2010 that his orders were lawful. DA form 4856, which is the form Lakin received, may only be completed by someone in his chain-of-command. Unfortunately, the copies of that form that are publicly available, are redacted, so I'm not sure who actually signed administered the formal counseling.

In that form, Lakin is made aware that...

"This counseling is to inform you that your deployment orders are presumed to be valid and lawful orders issued by competent military authority"

"What court did the military command go through to make such a determination? "

Under the Rules for Court-Martial, the military command need not "go through court to make such a determination". The orders are presumptively lawfull, and as such, the service member disobeys them at their own peril. But, there is nothing facially criminal about this deployment order, or any deployment order. And, it's quite clear that the deployment order was issued by a competent military authority.

"What PROOF did the military command have that Ayatollah Obama is eligible to hand down LEGAL ORDERS?

I have no idea, nor is it in any way germane or material to Lakin's court-martial.

Does the military command determine the legality of the Constitution?

No, that would be a political question that would be nonjusticiable in a military court of law, see" United States v. Huet-Vaughn. 43 M.J. 105, 114-115 (1995).

377 posted on 08/05/2010 12:08:33 PM PDT by OldDeckHand
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To: OldDeckHand

Well, there you have it. The military does not have the authority to determine whether Obama’s orders are legal or not, and yes it is GERMAINE to the issue. The issue should’ve been referred to the PROPER authority to determine whether LTC Lakin has a legitimate claim of illegal orders.

IT IS NOT UP TO THE MILITARY!

LTC Lakin NEVER REFUSED his orders...he said he would gladly serve on those orders as soon as he was assured that they were LEGAL orders issued by a qualified COC!


378 posted on 08/05/2010 1:12:47 PM PDT by RowdyFFC (.)
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To: RowdyFFC
"The military does not have the authority to determine whether Obama’s orders are legal or not, and yes it is GERMAINE to the issue."

Congratulations, I don't believe I have seen anyone contort another's words as fully as you just have.

I'm not quite sure what part of "Barack Obama is the President of the United States" you don't get. He stood for election, he won the popular and electoral vote, his electoral victory was certified by Congress as prescribed by the Constitution and he was sworn into office by the CJ of the United States.

If there is some constitutional legal infirmity with Obama's installation in office, it's not the role of the US military justice system, nor the role of military officers to question that political process. We aren't a banana republic where the military junta overthrows the civilian political process just because it wants to. This is a incredibly straightforward and elementary exercise, and I'm sorry it escapes your.

"The issue should’ve been referred to the PROPER authority to determine whether LTC Lakin has a legitimate claim of illegal orders."

The "proper authority" for Lakin's superior to issue orders, or ANY commissioned officer to issue orders, does not flow from the president and the office he holds, it flows from Congress and the the US statutory law it creates, specifically Title 10 USC. Again, I'm sorry this very elementary legal principle escapes your grasp, but judging from many of the posts here, you're in plentiful company.

379 posted on 08/05/2010 1:28:28 PM PDT by OldDeckHand
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To: OldDeckHand

I’m sorry you can’t grasp a simple point of eligibility to serve as the COC of the US Military.

But there you have it. You simply can’t grasp that concept. BUT LTC LAKIN CAN! WHO HAS SERVED VERY A LONG TIME IN THE US MILITARY!


380 posted on 08/05/2010 8:08:47 PM PDT by RowdyFFC (.)
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