Skip to comments.Battle-scarred judge says Lakin decision ignores Constitution
Posted on 09/04/2010 5:55:53 AM PDT by Smokeyblue
The military judge who curiously noted without explanation that uncovering evidence about President Obama's birth records could prove "embarrassing" and denied an officer the right to obtain potentially exculpatory evidence in a court-martial simply has forgotten the Constitution, the supreme rule of the United States.
So says Judge Roy Moore, who battled the politically correct climate as chief justice of the Alabama Supreme Court a decade ago and ultimately was removed from office by a state panel that refused to review the constitutionality of a federal court order.
"Lt. Col. Lakin has every right to question the lawfulness of the orders of the commander in chief. He's not only the commander in chief, he dictates the whole war effort, as shown by the recent firing of [Gen. Stanley McChrystal]," Moore said.
It doesn't matter, he said, that orders come from a colonel, or a general or even the Pentagon.
(Excerpt) Read more at wnd.com ...
Battle-scarred judge says Lakin decision ignores Constitution
'Highest law in this country is not Supreme Court, not commander in chief'
‘Highest law in this country is not Supreme Court, not commander in chief’
...and that is the very subject of the thread, to state the obvious.
Battle-scarred judge says Lakin decision ignores Constitution
And there you have it.
Judge Moore said:
“No order in the military can be issued without the authority that backs the order. The president didn’t give the order, but he is the authority that backs the order,” he said.
government has been ignoring the constitution for a very long time.
When will we have a transcript of precisely what was stated in court?
When will Lakin’s attorney appeal this decision, and to which court will it be appealed?
“Col. Lakin seems to be drawing some pretty important people to his side on this.”
I hope more will be speaking out.
“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”
government has been ignoring the constitution for a very long time.
...and way too many people are enjoying the results.
Every officer of government, at every level, in every branch, swears before God to defend the Constitution of the United States. And that doesn’t mean defending a piece of paper. It means defending its principles and requirements.
Practically our entire political and legal class, and now apparently many in the military as well, have been passing the responsibilities that oath entails off to someone else.
That being true, I don’t know why anyone would be surprised that the Constitution is now unprotected and ignored. It’s no wonder at all that the rights and liberty it is supposed to protect are melting away and the federal system of divided self-government it should protect is crumbling.
Charter of the International Military Tribunal (Nuremberg)
August 8, 1945
The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determine that justice so requires.
This is a major reason to determine that an order is legal. If the Commander in Chief is not legal, then his orders are not legal, then any soldier maybe subject to criminal proceedings.
Thank you for your OPINION.
How was he able to document the eligibility of the other Presidents he served under? Their birth certificates are hidden, too.
(a) The Court of Military Appeals shall review the record in--
(1) all cases in which the sentence, as affirmed by a Court of Military Review, extends to death;
(2) all cases reviewed by a Court of Military Review which the Judge Advocate General orders sent to the Court of Military Appeals for review; and
(3) all cases reviewed by a Court of Military Review in which, upon petition of the accused and on good cause shown, the Court of Military Appeals has granted review.
(b) the accused may petition the Court of Military Appeals for review of a decision of a court of Military Review within 60 days from the earlier of --
(1) the date on which the accused is notified of the decision of the Court of Military Review; or
(2) the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record fro the accused (if any), is deposited in the United States mails for delivery by first class mail to the accused at an address provided by the accused, or, if no such address has been provided by the accused, at the last address listed for the accused in his official service record. The Court of Military Appeals shall act upon such a petition promptly in accordance with the rules of the court.
(c) In any case reviewed by it, the Court of Military Appeals may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case which the Judge Advocate General orders sent to the Court of Military Appeals, that action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The Court of Military Appeals shall take action only with respect to matters of law.
(d) If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(e) After it has acted on a case, the Court of Military Appeals may direct the Judge Advocate General to return the record to the Court of Military Review for further review in accordance with the decision of the Court. Otherwise, unless there is to be further action by the President or the Secretary concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.
(a) Decisions of the Unites States Court of Military Appeals are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28. The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Military Appeals in refusing to grant a petition for review.
(b) The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28.
When it says, “... the Court of Military Appeals may act only with respect to the findings and sentence AS APPROVED BY THE CONVENING AUTHORITY...”, does this mean the Colonel can't appeal unless the judge ruling on this case gives his O.K.?
“The Court of Military Appeals shall take action only with respect to matters of law.”
Would opening/submitting any records (school, birth, military, passport, etc.) that confirms Obama is qualified to be president qualify as “matters of law”?
It is reassuring that Lt. Col. Lakin has a possible recourse if this judge does not rule in his favor.
The Pentagon has him by the balls the entire government is corrupt.
It is quite obvious that Obama was not born in the USA....there is no reason to deny LTC Lakin discovery regarding Obama’s birth status
The more the courts deny release of his BC, you can pretty much be assured Obama is not American born. The more the prosecution fights the release, you know its bad for Obama
Statement of Fact: Obama was not born in the US
Also Lakin can appeal to the US Supreme Court if his Military Appeals ruling goes against him.
Now, a question I have (and do not have time to look thru my old Manual of Courts-Martial)....can Lakin and his attorneys challenge a ruling through the appelate courts in regard to not being allowed to get discovery on Obama Birth evidence?
What is so telling about Lakin’s case is that they are refusing his defense...and to use discovery in the case. This case would easily be overturned on appeal
Sorry but I can’t give you definitive answers as I’m not qualified to do so. I know next to nothing about the UCMJ.
I hope that someday VERY soon they will be held accountable whether in the very weak response of impeaching them and revoking their law licenses or in the stronger response of trying them for treason.
We (the Allies in WWII) forced the Nuremberg trials of the Nazis and determined then that no soldier is required to carry out an illegal order. It went beyond that. It lead to a requirement that ordinary soldiers NOT follow illegal orders or be open to prosecution (Calley).
Now the people in charge in our country are reasserting the Nazi's military structure that you MUST follow orders, legal or not. However, this will not protect our soldiers from being prosecuted if they follow orders the political class doesn't like. It stinks on ice and more people are sickening of the stench every day...
The strangest thing about this whole mess is the obstinate refusal of Obama to open these records to whomever is interested in seeing them. The President’s birth certificate going public should not be a huge matter of privacy that needs millions in legal defense to cover up.
And if you ask me, a conviction in a court martial gives plenty of standing as an “interested party” to see the vital record.
This whole thing gets more idiotic daily. Lind must be frightened and wants to pass it up on appeal. I don’t blame her in a way since not everyone had the bravery Lt Col. Lakin is demonstrating.
If you define "fact" as an assertion that has never been proven or corroborated by any credible source with first hand knowledge. (The well known charlatans don't count as credible.)
For the government to influence all government and the branches of the military to lie, and to keep a lie hidden , to not up hold the Constitution, and to keep it’s integrity intact, is the beginning of the breakdown of the whole system and government.
LTC Lakin could take down the whole illegitimate Obama regime.
I must say Judge Moore is a man worthy of respect.
Wow, what an intelligent remark!
That really needs applause!!
But they didn't have dual or triple citizenship, and they were no illegal aliens or usurpers either!!!
All judges would would do real well in the NFL as “professional” punters!!!
Or Judge Michael Chertoff: My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen, Chertoff replied.
That is mine, too, said Leahy.
More authoritative is abolitionist Congressman John Bingham, who as Judge Adjutant General prosecuted Lincoln's assassins:
I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen;”
Obama is clearly in violation of our Constitution. Dr. Lakin apparently assumes that somewhere in our judicial system he may encounter someone with the courage to honor his or her oath to respect and defend it. We may see how much our “Ruling Class” is willing to forsake before more make the choice the Dr. Lakin made, and Congressman Nathan Deal made, and broadcaster Lou Dobbs made, to face the truth. Every U.S. Senator signed the resolution. SenRes 511 from April 2008. No Senator can fail to understand the implications of the definition stated more clearly, though not completely, to deceptively suggest that John McCain is a natural born citizen. No senator doesn't understand the Barack Obama does not meet the criterion.
For the moment, it is safer for public figures to ignore the Constitution. We will, I hope, remove every one of them, of both parties, from office, for failing to honor their commitments as officers of the court.
If any state, Arizona perhaps, would challenge Obama’s eligibility, the supreme court has original jurisdiction. Meanwhile, the crooks who silenced Scooter Libby knowing the truth from the beginning, who will now pull the same trick on Sheriff Arpio, comically called a “Justice Department”, along with crooked federal judges, will prevent law suits challenging Obama’s eligibility from reaching the final appeals court. What does Arizona have to lose? Obama is now ceeding part of Arizona to drug cartels. Those drug cartels' sources include Afghanistan and Pakistan, whose agents cross our borders at will. Ahmadenijad, now a nuclear threat, iss now a partner to Chavez and Ortega. The team in the White house is abetting treason; rather than protect states, they deny them the right to defend themselves.
Nothing will be done until Nancy is no longer the Speaker of the House. Both BO and Biden will be removed...Who ever is speaker will be our next President......Therefore watch carefully who the GOP puts in as Speaker.
ALSO, the blatantly off the wall comments made by the judge, that even a layperson sees as not based on legal precedent, is just a trigger to get the case appealed and sent to a higher court. If they ruled on the topic, chaos from the time of their ruling until the SCOTUS finally ruled with BO’s appeals would ensue. Better to let the plaintiff's appeal and the SCOTUS make a ruling that BO can't appeal. Justice will be swift and wide spread.
Read your comments yesterday and again today. Sure makes sense. We can only hope!!!!!
Lakin's argument all along has been that he can't serve until he sees Obama's birth certificate confirming his birth on U.S. soil. It doesn't have anything to do with dual citizenship (which has no effect on natural-born citizenship).
“There is nothing as uncommon as common sense”
Actually laughed out loud when I saw it....We should all support GLOBE in all their activities!
You saw it, too? I was in the check out lane earlier this week and saw the lady in front of me buy a copy. I had a big smile on my face after seeing that!
A friend who works at the pharmacy told be a couple of weeks ago the have had to significantly increase the number of GLOBE on their shelf to sell. Guess it’s hitting a target! Expect BO numbers to go down even more. (So why doesn’t BO sue if it’s not true......DISCOVERY)
We don't need no stinkin' constitution!
The other presidents didn’t have issues with needing to know where they were born. The other presidents had TWO parents who were US Citizens, and both parents were old enough to transfer citizenship regardless as to where they were born.
In Obama’s case, however, WHERE HE WAS BORN MAKES A DIFFERENCE IN NOT ONLY IF HE IS IS A US CITIZEN AS WELL AS A NATURAL BORN CITIZEN.
Those who do not understand why, do not understand the legality surrounding this issue. If Obama was born outside the US, his mother was not old enough to transfer citizenship and his father was not one. Therefore OBAMA IS THE ONE THAT MATTERS.
Yeah, BO knows *discovery* is NOT just a channel on cable! Plus, he's not going to walk around with his birth certificate plastered on his forehead. He's above suing...he's *the one we have been waiting for!* What a slug...
According to nearly every birther on this board, you can only be a natural-born citizen if both parents are citizens and you're born within the United States. So according to them, the birthplace is still important regardless of the age and nationality of the parents.
Yes, I agree that is their take, and I understand their legal position on it. That is something for the SCOTUS to determine. However if we can even get past the “WHERE WAS HE BORN” issue, how can we get to that?
Do you know of anyone in America who was able to get a form of ID without a birth certificate? Try walking into the DMV with a URL of a scanned birth certificate, they will laugh you out of there. Now he most likely has a birth certificate or some other form of ID, no doubt. But you can still get a drivers license from a passport. He had to have had one to go back and forth to Indonesia as a child. So in essence, he doesn’t HAVE to one. And if he was born outside the US, he is not qualified because even if he is NOW a citizen, he would have had to be naturalized to be one.
A lot of people do tend to use the ‘his mom was a US citizen so it doesn’t matter where he was born’ and in THIS case, it’s not so.
What other president has offered forgeries instead of the real thing? That Obama’s Factcheck COLB is a forgery has been indirectly confirmed in 2 different ways by the Hawaii Department of Health.
What the heck would it take for there to be enough questions to warrant a second look - if posting a forgery isn’t enough?
I believe that’s why they’re doing everything wrong. They’re not even pretending to follow the laws or Constitution at this point. They’re leaving the door wide open for the whole thing to be overturned by a civilian court - which saves face for them without ever confronting the actual issue.
Every court case involving this issue has had irregularities which give at least the appearance of impropriety. SCOTUS meeting with Obama in private when a case against him was pending. Judge Carter hiring a law clerk from the company doing Obama’s defense, when a case with Obama was before him. These are things so blatant that they throw up huge red flags. The judge in Lakin’s case using an “even if” argument (which has been overturned when used in past cases), and relying on the “political question” argument. It’s nuts. Absolutely nuts.
My hunch is that these judges are doing this to show the world that they are making their decisions under duress.
Just to show how stupid Judge Lind’s argument regarding it not being the military’s place to “remove a President” - let me tell a parable.
There was once a President named Bill Clingon. A woman named Juanita Breadrick told Sean Hammity that she had been raped by Clingon. President Clingon sued her for libel, so Breadrick submitted to the police her torn pantyhose with DNA evidence and asked them to verify whether or not Clingon was the man who had raped her. The judge refused to allow the police to run the tests on the DNA sample because it might embarrass the president and besides, a libel suit is not the proper way to remove a sitting president. The judge said Breadrick would have to come up with a different defense to the libel charges, besides claiming that she told the truth.
There is no honest judge in America who would use this reasoning in a criminal case where somebody will serve hard time because the accused is denied the right to evidence that might embarrass the accuser.
There is no honest judge in America who would claim that finding a man innocent of an Article 92 charge is the same thing as “removing a President”. The case before Lind was Lakin. If she allows justice to be served regarding Lakin, that’s all she has to do. Removing a president is somebody else’s job. Her job is to do justice for Lakin regardless of where the chips may fall.
She knows that. I believe she has been told what she had to rule and so she wrote out her response and had it approved ahead of time - and particularly chose the arguments that anybody with a brain would call BS on, so everybody could know the whole farce is a big crock and she’s just reading the lines the guy with the gun to her head says she has to read.
Lakin points to a Man with Dual citizenship occupying the presidency, who's wife states Kenya is his home country, and asks for his BC.
Then Lakin goes to Jail.
I could see this happening in Cuba. But America?
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