Skip to comments.Press Release: Army Refers Charges Against Lakin To Court Martial
Posted on 08/02/2010 5:29:53 AM PDT by captjanaway
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I remember that comment you made.
You should post on FR more often!
Go ahead and tell yourself that if it makes you happy.
“Everyday new hidden information is raising up to the surface!!”
Only in your mind.
“You just wish it will go away so that you don't need to pursue your talking points you are getting!!!”
I thought we Obots were supposed to be getting paid. If so, wouldn't we want to continue to pursue the talking points delivered to us in clandestine midnight drops so that we can still make whatever it is we're suppose to be making an hour?
Keep your paranoid conspiracy theories straight. The better quality paranoid delusions are intricate and hard to pick apart.
I think they’re really worried about this case.
It could be that all online birth certificates belong to dead people. That has certainly been my experience and I have accessed a large number of online birth certificates. Could you point me to an online resource that contains the birth certificates of living people?
And they/you don’t swear an Oath to the Constitution then???
Really? Please explain why so many birth certificates are available online to the public.
Birth certificates, and other vital records, are maintained and controlled by each respective state government. Some states are "open records" state, while other states have either no or limited access to particular records except for the subject or his/her next-of-kin. For example, Ohio is an open records state - virtually all vital records can be accessed by the public. VA, OTOH is not an open records state. To access some vital records, you must be next-of-kin, and you must provide identification, which will be photocopied and documented.
Hospitals are prohibited by federal law from granting access to any health records they maintain on current or prior patients, including the hospital's own copies of birth records. Most hospitals maintain copies of the birth certificates they generate for some period of time, usually decades or longer. Those particular copies are what are protected by HIPAA.
There are commercial sites available that do offer online access to birth documents. But, not every state participates, and not every birth document is available in every state. Again, it depends entirely on the state.
What is available in every state, is (generally) the name, the birth-date, and the sex of everyone born in that particular state and county. Sometimes this information is available online, other times you must appear in person.
I don't think you have an appreciation for how straightforward and pedestrian Lakin's court-martial will be. Any trial counsel so new his shoes aren't even broken in, could secure a conviction in this case. The questions of law that must be decided can only be described as remedial. And the facts speak for themselves - Lakin has made a videotape announcing that he didn't intend to deploy, and then he made a videotape confirming he didn't deploy.
I am uncertain whether this President is equipped to play back channel politics at this level."
There are no "back channel politics" in play here. Here's a clue - the military to include the military justice system was here LONG before Barack Obama came to town, and they'll be there LONG after Barack Obama leaves town. There are no political appointees in the military justice system, at all.
You seem to opine that there may be some "grand design" at play here by Lakin's civilian defense team. There isn't - at least there isn't any competent grand scheme. Lakin's primary civilian counsel had as close to ZERO military law experience as you can get. His own bio says he's tried "dozens" of cases - really? Dozens? He has also never been the attorney of record in any court-martial proceeding, nor has he ever been the attorney of record in any military appeal.
Lakin's attorney said this when speaking to WND a month or so ago about the chances of getting access to Obama's birth records...
"This is a criminal case, he noted, with a possible punishment of several years in jail. In order for a criminal defendant to defend himself in a criminal court he has to be given the opportunity to put on a defense.
Any competent attorney who has just limited experience in military law knows that this just isn't the case. That paragraph tells me everything I need to know about Lakin's lawyers - his civilian lawyers. He does have a very capable military lawyer detailed to him, but Lakin has made it clear that his civilian counsel is first chair.
Lakin's best hope on appeal is something based primarily on an ineffective assistance of counsel scheme - also, he might have an opportunity for a malpractice claim, should he come out the other side of this absent the ability to practice medicine for a period of time.
That would do a lot to help us think that you are not a total bozo!!!
Real soldiers what is that, or are you just trying to mimic Brandon Manning???
It seems for those Bradly Manning look-a-like posters that they are more concern about their personal career than what really is good for the country and the Constitution!!!
Forgive me for being blunt, but you're either being intentionally deceitful, or you have absolutely NO IDEA what you're talking about. Take your pick.
Here are the standards set forth in HIPAA regarding Individually Identifiable Health Information (IIHI). What does IIHI include? Well, HHS and 45 CFR Parts 160, spells it out this way...
(6) INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.--The term 'individually identifiable health information' means any information, including demographic information collected from an individual, that--
(A) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
(B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and--
(i) identifies the individual; or
(ii) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.
Gee, do you think that a BIRTH CERTIFICATE could be used to IDENTIFY someone? Or, in your world, do you think it's just fine and completely compatible to leave those old things just laying about for whatever passer-by to take?
HIPAA protects more than just a patients medical information. It protects ANY personal information the hospital collects on the patient, to include any personally identifiable, billing or even demographic information on the patient.
Either educate yourself, or quit making things up.
Saebarkah? First I’ve heard that name.
Verrrry interesting details.
You dig yourself deeper and deeper in water with all your Bradley rhetoric!
Your dear leader is an usurper and can therefore NOT be impeached!!
Home phone numbers are available all over the web, but if a hospital gives out a patient's home phone number, they've just violated HIPAA.
You're an idiot. There's no other way to describe it.
WOW, and B.S. Yes, another Bradley Manning has appeared!!!
It's both, but this is a concept that evades your grasp, apperently.
I've provided for you a link to the actual law. It's right there in black and white. Reading comprehension must not be your forte.
People's home addresses are available all over the web. But, if a hospital gives out a patient's home address, they've just violated HIPAA.
People's gender is available all over the web. But, if a hospital gives out a patient's gender, they've just violated HIPAA.
People's birth dates are available all over the web. But, if a hospital gives out a patient's birth date, they've just violated HIPAA.
Birth certificates might be found all over the web, but if a hospital gives out a patient's birth certificate, they've just violated HIPAA.
Is any of this sinking in, or is it over your head?
Skip talking to someone with ADD!!!
But you would have gotten a better answer if you had asked the Kenyan Ambassador instead!!!
Please explain to us, what 0bama’s birth certificate has to do with HIPAA.
Please explain to us what HIPAA has to do with Lakin’s charges.
Could you please relay this to the Bradley Manning clones posting here, and they know who they are???
You are painfully obtuse, aren't you.
Obama enjoys the same HIPAA protections about his birth certificate and any other piece of individually identifiable information any hospital has on him, including any HI hospital. As such, his hospital of birth is not allowed to make any comments about his birth, or provide any documentation about his birth, including his birth certificate. I'm not familiar enough with HI law to know if the hospital can confirm, deny or make any comment about a birth - there may be a safe-harbor provision that allows a HI hospital to confirm a birth while the newborn is an active patient at the hospital.
The state of HI is NOT an open records state with respect to vital records. In fact, they're about as closed as you can get for vital records. Like many states, only individuals who are the next-of-kin for a subject (in limited circumstances) may obtain copies of Hawaiian birth certificates.
We have one object - a birth certificate - that is controlled by two different sets of laws and in two different circumstances - HI state law controls how the BC is managed in state custody, and the federal HIPAA law controls how the hospital copy of the birth certificate is controlled.
hey, I’m not talking TO him, I am laughing AT him.
Sorry, you might as well talking to an empty bottle or to someone with grave ADD!!!
I think it's pretty well established we're talking about American laws as they apply to American hospitals. Again, reasoning isn't your strong suit, is it?
Must you always lie to making your point???
Born in Shreveport, Louisiana, Land received a B.B.A. from the University of Georgia in 1982 and a J.D. from the University of Georgia Law School in 1985. He was in private practice in Columbus, Georgia from 1985 to 2001.
Read it, dumb-ass.
Stuck on stupid is no way to go through life son. Read a book.
From the Bar to the LegislatureHere's a hint - don't believe ANYTHING you read on Wiki.
He was in private practice from 1985-2001.
In 1992, he formed the law firm Buchanan & Land LPP, with Jerry A. Buchanan; they specialized in civil litigation. Both attorneys had been partners in the Columbus law firm of Hatcher, Stubbs, Land, Hollis & Rothschild. (This Rothschild seems to have no relation to the Banking family).
Land then entered politics; starting first as a member of the Columbus City Council from 1993-1994, and then serving three terms in the Georgia General Assembly, as a state senator, from 1995-2000.
In 1996 he donated approx. $1,600 to Republican causes.
The first three months after signing on to F.R. this mole posted more than 350 posts, exclusively on eligibility threads. He/she/it did NOT post on any other single threads. Count this mole as a FINO, has been outed many times!!!
But contrary to you as being a paid "Obot-spammer", they feared the RACE CARD more than anything, just ask Bill Clinton!!!
Agree, couldn’t find any other links at Google, sorry!!!
“Sorry, you might as well talking to an empty bottle or to someone with grave ADD!!!”
Goodness. I certainly didn’t even need confirmation that you’re too dense to grasp the distinction between the original Constitution and the current Constitution as amended, even with two separate footnotes from two separate courts detailing the point. But do you have to actually be proud of it?
Stick to raving about the son of Satan. At least that’s entertaining.
Everything you would ever want to know about the Governments policies on Passport Records and retention. It’s long but well worth a read. Bottom right hand corner of page begins Passport information
Why change the number of a clause in the constitution even if it is inactive?
What happens when an amendment amends an amendment, partly reactivating the old constitutional clause but still keeping part of the amendment to it active?
If an amendment changes the numbering system, how does that help clarity?
In a Statute Law, referred to every day by the courts, it makes sense just to delete the changed paragraph and just renumber everything.
Doing that to an important and permanent historical record of legal changes like the Constitution of the United States of America, seems, to this UK Citizen and non-lawyer, to be harmful.
Excellent Point -- HIPAA is irrelevant to this issue.
US attorneys work for the US DOJ, but obviously some of these were appointed by Bush. They can be fired by the current president at his will, but if Obama is at his last gasp politically its not impossible for a fearless Bush appointed US attorney to attempt to prosecute Gibbs.
Since we are talking about the COLB, here is the relevant Polarik vid from his youtube channel, start at 1:30 to get to the point:-
Mr Gibbs has publicly admitted his hand at putting this on the Internet. This would all be too late to assist Lt. Col Lakin, but at least it would force Obama to act, possibly in a way that will expose him.
Thanks for the info. I figured as much with the obfuscation,misdirection and lib talking points lifted wholecloth from Obot sites....LOL.
Just ID? Like a library card or parking garage stamp? Nope, not necessarily. We're talking about a state document, not a federal document. It only becomes a federal case if that state document is used in a scheme to assume a person's identity, and that conspiracy to assume someone's identity involves interstate commerce, or some other plainly federal jurisdiction.
Just creating a false image of a birth certificate isn't necessarily a federal crime - in fact, it's not necessarily any crime at all - as I said, it's dependent entirely on the circumstances. Did the person who "mocked up" the document to so with the intent to commit crime?
"US attorneys work for the US DOJ, but obviously some of these were appointed by Bush. "
All but one or two of the current USAs were appointed by Barack Obama. Assistant US attorneys are career positions. They are not appointed. They are hired and they do not serve at the pleasure of this president, or any president. They are civil servants. Some were hired by Obama, Bush, Clinton, Bush and Reagan (maybe even Carter).
"Mr Gibbs has publicly admitted his hand at putting this on the Internet. "
Tell me counselor, what crime are you going to charge Gibbs with? And, before you answer that, look up the definition of "mens rea".
But contrary to you as being a paid “Obot-spammer”, they feared the RACE CARD more than anything, just ask Bill Clinton!!!
Really? Where was it established that we were only talking about American hospitals? I certainly haven’t been. You seem to make a lot of assumptions with your tiny little brain.
You have made the comment many times that your president’s birth certificate is protected by HIPAA laws, yet you have shown no proof that he was born in an American hospital.
Some people may not accept the statements of the Governor or the state Health Department Director or the Attorney General of Hawaii or the Registrar of Vital Records of Hawaii (all Republicans or Republican appointees) but I can guarantee you that judges and justices will accept those statements as being authenticating.
There is no constitutional requirement that a president be born in a hospital. If there was, quite a few of our former presidents would have been ineligible.
In any event, if anyone really, truly, honestly wants to see Barack Obama’s original, long form, vault copy, Certificate of Live Birth in order to see if a birth hospital is listed on it, the document can be released without Obama’s permission via a subpoena. Hawaii Revised Statutes 338-18(b) point 9 allows for a birth vital record to be released to “a person with a valid court order from a court of competent jurisdiction.”
You need the sword of the house subcommittee system to cut through it and investigate Obama’s finances, both campaign and where possible, personal.
Even then the investigation has to begin at square one, a difficult and time consuming process. The general principle is "follow the money," and the main villains will be revealed. The actual actus rea depends on the exact circumstances of the actors involved and precise times. A prediction for you is that John O. Brennan and Analysis corp will come up. 90 Days to go until the American people can take their revenge out on the "Democrats" in the November 2nd mid term elections. Barack Obama has only succeeded in awakening a sleeping giant