Skip to comments.Is Lakin’s court-martial an American ‘Dreyfus affair’? - ALAN KEYES
Posted on 09/04/2010 12:52:43 PM PDT by EternalVigilance
I doubt that most people would be shocked to learn that sometimes the influence of power can interfere with and even derail the course of justice in our legal system. Behind the scenes, a phone call from a powerful politician, or a corporate mogul often affects the actions or judgments of people whose personal ambitions they are in a position to help or hinder. Usually though, people giving heed to such considerations have enough sense to cloak what they do with words or actions that give their corruption at least the appearance of probity. Maybe its the tribute that vice renders to virtue. Maybe its nothing more than self-serving prudence (the mask of honesty that facilitates corruption.)
However, when court officers conclude that such hypocrisy is no longer worth the effort, things are pretty far gone. The video featured with this post focuses on the recent decision by Col. Denise R. Lind, the military judge charged with presiding over the court martial of Lt. Col. Terry Lakin. People who still care about American justice will recognize the facts as confirmation that America has passed ‘far gone’ and is approaching the point of no return.
(Excerpt) Read more at loyaltoliberty.com ...
Alan Keyes is a great man.
Very powerful interview:
Alan Keyes, in an interview with a reporter from KHAS-TV, filmed outside a fundraiser for the AAA Crisis Pregnancy Center in Hastings, Neb., said this:
“Obama is a radical communist, and I think it is becoming clear. That is what I told people in Illinois and now everybody realizes it’s true,” said Keyes, who ran unsuccessfully against Obama for the state’s open Senate seat in 2004. “He is going to destroy this country, and we are either going to stop him or the United States of America is going to cease to exist.”
It all proves the axiom that “Military Justice” is an oxymoron. Of course justice of any kind may have been banished from America by the time all this is sorted out.
Is he about to be dragged off to Devils Island ???
Other wise...we had our own Dr Mudd...
Those changes are linked to from this site here. Scroll down to the discussion on "2010 MCM Amendments". And while the changes would have absolutely no impact on the Lakin case since it began before they were announced, nothing in them seems to have any impact on the case even if they did apply.
Republicans do suck. What’s your point?
I’ve been posting Alan Keyes articles here for ten years. Where have you been?
Care to comment on the the substance of the article, or do you simply not care about Lakin’s plight?
N-S, thanks for the link and update.
By the way, can you name me five elected congressional Republicans who did their duty to uphold and defend the Constitution and, when the electoral votes were tallied, called for actual proof that Obama was natural born?
How about one?
Maybe we need to try some Keyesian Economics rather than Kenyanesian Economics?
But have you been posting them while at the same time promoting the "America's Independent Party" and doing everything you could to trash the Republican Party? (Which just so happens to be enjoying a conservative resurgence.)
Courts Martial Defense of LTC Terrence Lakin
Issued September 3, 2010
World Net Daily (WND), which has been following the Lakin trial step-by-step from the beginning, is reporting “FT. MEADE, Md. A career officer in the U.S. Army [Col. Denise R. Lind] acting as a judge in the prosecution of Lt. Col. Terrence Lakin today ruled that the military is no place for Barak Obama’s presidential eligibility to be evaluated.”
According to the WND report, presiding authority Col. Denise R. Lind used the following arguments to deny LTC Lakin proper access to a defense, summarized in the following three paragraphs taken from the 40 minute long reading of her decision -
Army Col. Denise R. Lind today ruled in a hearing regarding the evidence to be allowed in the scheduled October court-martial of Lakin that he will be denied access to any of Obama’s records as well as any testimony from those who may have access to the records.
With her decision, Lind mirrored a number of federal judges who have ruled on civil lawsuits over Obama’s eligibility. They have without exception denied the plaintiffs’ access to any requested documentation regarding the president’s eligibility.
Lind ruled that it was “not relevant” for the military to be considering such claims, that the laws allegedly violated by Lakin were legitimate on their face and that the chain of command led up to the Pentagon, and that should have been sufficient for Lakin.
We find foundational flaws in Col. Lind’s decision, which Lakin’s defense team must seize upon in order to alter the current course of this trial.
Lind’s authority is derived from the same place as LTC Lakin’s and all other members of the United States Military - from the supreme command of the office of Commander-in-Chief, the President of the United States.
Lind is attempting to use her authority under her Commander-in-Chief to break the military chain of command, isolating the Commander-in-Chief of the US Military specifically, exempting the President from his position of authority in the chain of command, without which, Lind herself has no authority to convene the Courts Martial.
Lind then reaches outside of the US Military Justice system to the Civil Court, relying upon civil court precedent to deny Lakin any access to discovery and thereby, a proper defense guaranteed him by the US Constitution and UCMJ, Uniform Code of Military Justice. Civil Court precedent has no legal standing in a UCMJ criminal proceeding. In fact, the UCMJ is based upon the Articles of War (aka War Articles) and is a penal system unlike the US Justice System - as explained by Col. William Winthrop in Military Law and Precedents. As a result, precedents set in courts outside of the UCMJ are without legal standing in any UCMJ proceeding.
Not even in the UCMJ can the United States government deny the accused his/her right to a trial, complete with discovery of related evidence. Yet Lind attempts to do so, under the authority derived from her Commander-in-Chief. If the chain of command is broken, then Lind herself has no authority.
Lind’s statement that the legality of the Commander-in-Chief is “not relevant” in matters of military command is false on its face. As stated in a sworn affidavit filed by LTG Thomas G. McInerney executed on August 20, 2010 “In refusing to obey orders because of his doubts as to their legality, LTC Lakin has acted exactly as proper training dictates. By thus stepping up to the bar, LTC Lakin is demonstrating the courage of his convictions and his bravery. - That said, it is equally essential that he be allowed access to the evidence that will prove whether he made the correct decision.”
Lind attempts to break the chain of command at The Pentagon level, which she claims has no issue with the current Commander-in-Chief and that this should be good enough for Lakin. Yet she cannot break this chain of command without eliminating her own authority, and Lakins oath requires that he decide for himself whether or not his orders are legal, as affirmed in LTG McInerneys sworn affidavit.
At issue is not whether or not LTC Lakin refused orders, but rather whether or not he “unlawfully” refused orders. If his orders were not “lawful,” including but not limited to, emanating from a “lawful” chain of command which begins with a lawful Commander-in-Chief, then Lakin must be found NOT GUILTY of “unlawfully” refusing orders.
At the heart of the matter is whether or not his orders to deploy were “lawful.”
LTC Lakin has questioned whether or not his deployment orders were lawful on the basis that he believes that the Commander-in-Chief from which those orders are issued, may not be lawful, therefore making any orders from the top of military command “unlawful.”
To determine whether or not Lakin is correct in his decision to refuse orders, it is paramount to discover with certainty whether or not his orders were issued by a “lawful” command.
As we know, Article II Section I requires that only a “natural born citizen” of the United States can hold the office of President, Commander-in-Chief.
In this regard, a fatal misstep in the Lakin defense has opened the door for the illegitimate statements now being made by Col. Denise R. Lind.
LTC Lakin failed to directly assert that Barack Hussein Obama is NOT legal in his command on the basis that we know with certainty that he is not a “natural born citizen,” and that LTC Lakin is “lawfully” refusing to follow orders on this basis.
Instead, LTC Lakin only asked the birth place question and tied that question to whether or not Mr. Obama could and would present an official “birth certificate” proving once and for all that he was indeed born in Hawaii, making the wrong assumption that if he could and would provide proof of said birth via an official birth certificate, which has never been released to date.
The fatal error revolves around the reality that Obama’s birth place is of no consequence in the matter of his status as a “natural born citizen” eligible for high Command of the US Military under Article II Section I of the Constitution.
Although there is no shortage of opinions on the subject of what the term “natural born citizen” means, there is no honest debate on the matter either.
Every Supreme Court Justice knows exactly what the term natural born citizen means, where it came from, why it exists in Article II requirements for the office of President and that Barack Hussein Obama is NOT a “natural born citizen,” indeed ineligible for the office he currently holds.
They know that LTC Lakin is right to “lawfully” refuse orders from an illegal Command.
We know this on the basis of the following critical facts
The term “natural born citizen” is derived from the Law of Nations. An international treaty establishing a set of rules used to establish a “nation,” the issue of nation and citizen sovereignty, and internationally recognized definitions of universal terms, including the term “natural born citizen.”
The Law of Nations is specifically mentioned in the US Constitution as an enumerated power of Congress under Article I Section VIII Item X - “To define and punish offenses against the Law of Nations;” (Note that in the original Constitution, Law of Nations is capitalized, referring specifically to THE Law of Nations.)
From Emerich de Vattel’s 1758 book on The Law of Nations, Chapter 19 § 212. - Of the citizens and natives Vattel establishes “in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”
In a letter from Founder John Jay to then President of the Constitutional Convention George Washington, Jay stated - “Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.”
It was later learned that President George Washington had actually taken out Vattel’s book on the Law of Nations from the local library in order to study proper implementation of law in our newly formed nation, and never returned that book.
On the basis of known history and facts behind the Constitutional term natural born citizen which is based upon “natural law” explained in the Law of Nations as stated referred to in the US Constitution, the proper assertion is not at all related to the actual “birth place” of Barack Hussein Obama, II. The ongoing search for a Hawaiian birth certificate has no bearing on the subject of “natural born citizen” status for Barack Hussein Obama, II.
The only relative question is
Was Barack Hussein Obama’s birth father a legal citizen of the United States of America at the time of his birth, no matter where in the world he may have been born?
Without a birth father who was a legal citizen of the United States at the time of his birth, Barack Hussein Obama, II cannot be a “natural born citizen” of the United States of America, he is not without divided national loyalties, and cannot serve as President of the United States or Commander-in-Chief of the United States Military as a result, creating a national security and a full blown Constitutional crisis.
According to the two autobiographical books by Barack Hussein Obama, II his birth father is Barack Hussein Obama, a British subject at the time and a legal citizen of Kenya. According to public family history, Barack Hussein Obama was at no time in his life a legal citizen of the United States.
On this basis alone, LTC Lakin is right (and lawful) in refusing to accept orders from an illegal command. The US Constitution and the Law of Nations, upon which our sovereign nation was formed, are very clear on the matter.
As a result, the need for LTC Lakin to gain access to the Hawaiian birth records for Barack Hussein Obama, II is eliminated.
LTC Lakin need only assert the following
On the basis of Article II Section I of the US Constitution, supported by Article I Section VIII Item X concerning the Law of Nations and the term “natural born citizen,” - I hereby refuse any and all illegal orders issued by the illegal Commander-in-Chief of the United States Military, President Barack Hussein Obama, on the basis that he does not meet Constitutional requirements for the office he currently holds and must further hereby demand that he be removed from office and immediately relieved of Command of the United States Military. I further assert that due to the illegal status of existing Military high Command that this Court Martial has no authority under which to proceed.
Under this assertion, there is no need for access to the birth records of Barack Hussein Obama, II, unless Mr. Obama chooses to respond by stating that Barack Hussein Obama is not his real birth father, in which case Mr. Obama is admitting to fraud during his pursuit of the Oval Office.
In the event that the UCMJ chooses to challenge the historically accurate definition of the term “natural born citizen” described herein, the US Supreme Court is the only court in the land with proper authority to rule on the true meaning of the term “natural born citizen” as stated by the Constitutional protections that LTC Lakin has sworn a lifetime to protect and defend.
With this assertion in place, LTC Lakin does not have to prove that his assertions are true and accurate. As Commander-in-Chief, Barack Hussein Obama must prove that Lakin’s assertion is false in order to proceed with the government prosecution of LTC Lakin on the grounds that he has “unlawfully” refused orders.
In short, Mr. Obama must prove that his orders are in fact “lawful.” If Obama is either unable or unwilling to do so, then LTC Lakin is in fact NOT GUILTY of “unlawfully” refusing orders.
This particular case is not about one soldier refusing deployment orders. It is about a nation allowing a precedent to stand which makes it possible for any individual with any foreign allegiance to hold the highest office in this land, with no obligation whatsoever to demonstrate or prove national loyalties before holding the office of President of the United States and Commander-in-Chief.
This case is about whether or not the US Constitution stands as the official Law of this land.
NOTE: Past challenges on the term “natural born citizen” have been improperly argued upon cases revolving around the Fourteenth Amendment. The Fourteenth Amendment relates to “immigration” and “naturalization” laws, not “natural law” used to establish “natural born citizenship” status of an individual. Therefore, any and all cases pertaining to Fourteenth Amendment arguments are moot on the matter of “natural born citizen” claims.
Researched and Prepared By:
J.B. Williams and Timothy Harrington
The United States Patriots Union, LLC
Researched and Reviewed By
The United States Bar Association
I hold my deepest CONTEMPT and DISGUST for the conservative media who have steadfastly ignored Obama's eligibility!
Rush Limbaugh?...I can barely stand to hear his voice! And "ditto" for the rest of the weenies: Coulter, Hannity, Beck, O'Reilly, Ingram, Levine...etc.!
If Rush and the rest can not stand up for and defend our Constitution (**ALL**of it!) when all they face is a little ridicule from the ruling elite, then why should we expect them to stand tall in the face of real tyranny? Huh? Only a fool would expect them to be brave when facing down tanks in the streets, jack boots at the door, and gas oven spewing cadaver smoke over the landscape.
If real tyranny comes to our nation, Rush and the others will sell their talents to the fascist oligarchy. They will spit shine the jack boots crushing our necks.
Rush uses the expression "Talent on loan from God!" Well!...There is real truth to that statement. If Rush, and the rest, can't defend honor **NOW**, God will raise up others that will eclipse their talent.
So how far gone is honor in America if criminality is touted as embarrassment and the CIC is above being ‘embarrassed’ by his criminality? ... Using dual citizenship to game college entry and tuition funding, etc. would have been illegal in 1979, but would only be an embarrassment today due to statute limitations. But if one turns that around, the cause of embarrassment is also what would make the lying sonofabitch ineligible for the office he ‘gamed’ with the full enabling of the democrap party machine.
So...are J.B. Williams and Timothy Harrington / The United States Patriots Union, LLC / Sheridan, Wyoming planning on disobeying any and all laws passed since 20 Jan 2009, on the basis that a law passed without being presented to an eligible President is invalid?
That is what they and their friends have convinced Lakin to do - so why aren’t THEY following the same course? Could it be they are cowards who don’t want to pay the price of their loony ideas?
Lakin apparently accepted poor advice. The fact that a senior officer refused to obey the lawful orders of the CIC via the chain of command is all the more reason to hammer him. He cannot get a slap on the wrist when an E-3 would get a less than honorable discharge. Lakin’s stupidity will cost him and his family dearly.
I'm reminded of the court scene from Animal House. That is exactly and only what the case is about.
Exactly! It is easy. The facts are simple!
Fact: Proving ones natural born status is a **SIMPLE** and inexpensive matter.
Fact: Obama has spent tax money and private money to prevent the release of **COMMON** documents that would prove or disprove his natural born status.
Fact: A **real**, natural born, American president would be **HONORED** to immediately prove with the **best** evidence that he was indeed a natural born citizen!
Fact: That Obama is treating LTC Lakin (and other U.S. citizens) in the manner that is has (and is doing )**STRONGLY** indicates that he is a fraud and a usurper.
“The ALAN KEYES 2012 “grassroots” presidential campaign is quietly under way.”
Count me in.
Bolton is another good choice.
The reason Keyes lost over idiot Bush is that Bush had the backing of the socialist king makers to include Soros.
I have always loved Keyes as well as Bolton. They are both great!!!!
If Obama was bone in Kenya, he is not a US citizen.
How can a foreigner make a legal order as CIC to move a US Army brigade from the US Homeland to war in Afghanistan?
If Obama is a Foreigner, his vital records [everything Hawaii DOH has on Obama in total] are exculpatory evidence in the court martial.
Ref post #16.
Someone had to say it.
I agree with you all the way!!!!
How about one?
Philip Berg? (oh wait, he's a democrat...)
I'm glad the Republican leadership has consistently distanced itself from the birther movement, and hope they continue to do so.
Conservatives have an opportunity to drive a stake through the heart of Obama's (and Dems) misguided progressive agenda. The entire liberal philosophy of the Democratic Party is being rejected by an overwhelming majority, and you want to waste time and effort on unproven allegations in the unlikelihood it may result in Obama's removal?
This political strategy makes no sense. After 2 years, with nothing to show for it, why continue pursuing Obama's eligibility while the complete renunciation of practically everything Democrats stand for is attainable, and within our grasp?
I endorse the current conservative insurgency within the Republican Party.
If Obama is not a natural born citizen then he isn't president, and can't be a CIC and any orders from the Oval Office are invalid.
Man, if this ever blows open, and you know it will eventually somehow, it is going to be a mf’ing tempest!
RB, note the poster’s tagline ... looks like good advice for dealing with the braying ass.
Dreyfus was also innocent.
I gotcha a recruit...
...and I would vote for Bolton for just about anything. (Unless he ran as a third party candidate.)
The only ways to rectify the situation is impeachment and conviction or to lose the election in 2012. If he is of Kenyan birth, Hussein damned sure knows it, and knew he was ineligible for the Presidency. That is a clear reason for Congress to boot him from office.
LTC Lakin seeks a judicial solution to a political problem. It is not going to happen.
Please see my post #31.
“Lakins stupidity will cost him and his family dearly.”
What IF LTC/Dr. Lakin is correct and President Obama is not constitutionally qualified to be POTUS? Then our ENTIRE nation suffers and a terrible precident has been set. The entire chain of command is tainted. I hold a reserve commission that was fortunately given under President Bush. However, my last promotion was since President Obama took office. Is my authority to act on behalf of the country tainted? I suspect it is. At the least those of us serving are under a cloud. I respectfully submit that it is time for the President to be transparent on his records and submit to full disclosure. The military court/judge, in my opinion, is in error and jepordizes those serving and the entire country.
You sound like you're motivated to shadow box with yourself, as it there is a chip on your shoulder that you're busy provoking some shadows to knock off.
Other than that you come across as a wannabe law student, maybe a paralegal or some person that has some brush of experience with the court system, and you're trying to see if your words look serious when in fact the thought process is sophomoric at best.
Of course any legal scholar at just about any level of study should know that a court cannot remove a President from office, that only Congress can do so.
But you miss the big picture. Any evidence compelled and admitted in court can be used and should be used by Congress to do their duty under the Constitution, i.e. a court's discovery and actions can certainly lead to impeachment.
To prove the deployment Order is legal, Obama *cannot* be a foreigner.
If he is a foreigner, the Hawaii DOH records are exculpatory evidence.
Congress is irrelevant to this court case.
Careful there Jacquerie. Telling a Birther he can't have his way will get you flamed as a troll. They plan to save the Constitution by having the military remove BO from office, and pointing out little inconvenient facts, such as (A) it won't happen, and (B) if it did, they would have destroyed the Constitution to save it, will get you denounced as part of a conspiracy of millions aimed at keeping BO in office.
If your superior officer ordered you to report to him in his office would you refuse to do so on the grounds that Obama may not be a legitimate president? Or if one of the enlisted people under you refused to obey your order on the grounds that the entire chain of command is invalid would you accept their refusal as an appropriate response?
Spare the silly insults, okay?
Any evidence compelled and admitted in court can be used and should be used by Congress to do their duty under the Constitution, i.e. a court's discovery and actions can certainly lead to impeachment.
I disagree. The case deals only with refusal to obey a lawful order.
The courts are not an investigative arm of Congress. If the House next year thinks as I do that Hussein if of foreign birth, then Congress can and should investigate. Our civilian courts are way too political as it is and I do not wish to see military courts go that way as well.
LTC Lakin chose a self destructive avenue to vent his doubts. The military courts are not going to do the job of Congress.
If Obama is not a natural born citizen, then he has failed to qualify for the position and would NOT be president. He would, though, be a criminal for having defrauded millions of Americans out of millions of donation dollars.
How is it possible to impeach someone who is not president?
All this hand waving about reporting to someones office is just a decoy.
Who the he** is Alan Keyes?
Good thing he was actually born in Hawaii then, eh?
Yeah, let’s just kick the clown out of office like any banana republic and declare a military dictatorship. Good plan.
I know what you would like the case to be about. What the case is about Lakin's refusal to obey the orders of three superior orders and to report for duty with the 101st. Read the charges. Link
All this hand waving about reporting to someones office is just a decoy.
All this nonsense about 'all orders originate from the CIC' is the smokescreen. And all your hand waving will not turn this court martial into something it is not.
But that would take actual effort and stuff.
It's easier just to post angry rants on the Internet.
Dream on. It is about Lakin's refusal to obey a legal order.
This reminds me of an article from the old Mad Magazine. It was a satire of the TV show "Highway Patrol" starring Broderick Crawford as patrolman Dan Mathews. Mathews had been chasing a crook and when he finally caught up with him, confessed he was powerless to arrest him. Why? Now that he'd been apprehended, the crook was at the roadside and therefore was no longer on the highway proper, and Mathews wasn't a member of the "Soft Shoulder Patrol" so the crook was outside of his jurisdiction.
So the crook laughs and gets off without an arrest.
Very cute! :-)
Once there exists sufficient evidence admissible in a court of law, it is possible that a DC judge will start the Quo Warrento process on application of an individual deemed an “interested party.” IMHO after the Refudiation of the "Democratic" party on Nov. 2nd 2010, there will be more political cover for the courts to act, given strong evidence. I only wish Lakin's lawyer could delay the court martial hearing for one month, untill after the election.