Skip to comments.Army Judge Axes Obama Birth Record Request
Posted on 09/07/2010 3:55:45 PM PDT by FreeAtlanta
A military judge in Maryland has ruled that President Barack Obama's birth certificate is irrelevant in the case of an Army doctor charged with disobeying deployment orders because he doubts Obama's eligibility to be commander in chief.
(Excerpt) Read more at kitv.com ...
Then drop the charges and give him an honorable discharge.
Ok you legal eagles ... does this set up an automatic appeal?
This crap has been done during Bush’s term too “Illegal war...stole the election” etc etc.
How about a few years in Leavenworth breaking rocks?
Obama knows he is a one termer. He will do as much damage as he can. He is a little communist twerp.
She basically said, “Pick another defense.” A career court martial isn’t like ordering an ice cream cone, where if they’re out of one flavor, you can pick another. This is beyond half-assed.
She didn’t say it was an invalid defense and provide reasoning; nor did she say he didn’t have standing. She just said he should pick another defense because his request could prove embarassing to the Won. Totally banana republic.
How about this guy is standing up for The Constitution while idiots are watching reality TV and ball games while drinking beer and shoving corn cobs up their a*se.
You can argue that the civilian system failed him. He has is orders.
is = his
I was never a military lawyer so I don't know. In the civilian world it would not because it would be considered an interim ruling. A appeal of this issue would have to be part of an appeal of a final verdict.
Again in the civilian world, Lakin could go for a special writ with an appellate court to consider this issue now, but those are rarely granted. I don't know if military courts do those kinds of things.
Can Obama afford politically to do nothing to remedy the situation and let an otherwise exemplary servant of his country’s flag be punished?
Did Obama axe the judge to axe it?
The Constitution is irrelevant?
Cowards. Make a determination instead of passing the buck. He’s ineligible and you know it.
Well keep celebrating Gomer cause the US military, intel, cia, nsa, and govt are stuff with muslims and muslims sympathizers leaking intel back to the taliban and al qeada on how to improve the effectiveness of killing American soliders.
The brass at the Pentagon are pathetic cowards.
You lost your country back on Nov 2008.
They (interlocutory appeals) do exist in the military court system, but not with these sets of facts and circumstances. I won't bore you with the particulars, but his chances of prevailing with an extraordinary writ are virtually zero. For a variety of reasons, the appellate court will have to deny the interlocutory appeal. But, it is a point that Lakin's team can raise when he files his first appeal to CMA.
Having said that, his chances of prevailing on appeal to CMA and then to CAAF are close to zero, at least with respect to this particular judicial ruling. The MJ really had no choice. The existing case law, as she cited, binds her thoroughly, as it will bind the appellate courts.
Have you told the folks on this website? Especially the ones who believe Bush = Obama?
No. The ruling is on pretty conventional legal ground. Presuming that Lakin is convicted, however, he is almost certain to choose an appeal.
Frantzie, the brass & saboteurs are in on it, but there are still 1000s of men and women in the service, of ‘varying kinds,’ who are stand up guys and won’t go down without a fight.
We are in G-war.
Obama clearly does not meet the Constutitional requirement to be a Natural Born Citizen—because his father was not a US citizen. By the time Obama leaves office, he will be so unpopular that the elite will find it impossible to prevent disclosure of the fact that he's not even a citizen of any sort. That revelation will be far more damaging, because it requires far less sophistication to understand it.
In the meantime treason is much more important to these people, and must go on.
None of us do apparently.
I predict massive trials for Treason, with millions convicted and executed.
What if he is found not guilty? (I would vote not guilty.) Does that mean nobody has to obey orders?
“Obama clearly does not meet the Constutitional requirement to be a Natural Born Citizen...”
I think you have a point, however, Courts seem to take the position that the Congress determined that he is qualified.
If we disagree with Congress’ determination that he was eligible, Congress has to make that determiantion as well.
The Certification of Live Birth form is not definitive.
He and his administration think Americans are idiots. They know that you are waiting for the piss-stream media to tell the truth but it ain't ever going to happen.
Even some liberals are getting nervous. One of them said that the article "The Mystery of Barack Obama Continues" by Steve Baldwin caused him to have second thoughts.
Remember, in a court-martial, it only takes two thirds to convict, not a unanimous decision like in the civilian world. You have a better chance of being crowned king or queen of England, than Lakin has at trial.
Does that mean nobody has to obey orders?"
Whatever "it" means, "it" is the reason why at least three 0-6's are going to vote to convict. You see, Lakin will be tried by a jury of his peers, that means 0-6 or above - the very people that have the most invested in order and discipline. If Lakin doesn't have to obey the orders of his command, then their own subordinates don't have to obey their orders. Field and general grade office don't often invite chaos into the ranks. It's for this reason that I think there's a reasonable chance Lakin will really get punished at sentencing. I don't think he'll get more than 6-months confinement, but that possibility does exist.
It's my personal experience that jury panes - especially field-grade jury panels are VERY tough on the accused when one of the charges is Failure to Obey.
The judge should be thrown off the bench for making a ruling like that. No case would go to trial if we couldn’t embarrass somebody. Is this doctor going to go to prison just because the judges doesn’t want to embarrass Obama? Millions of Americans are already embarrassed by having this joke as their president.
Keeping the charges and a couple of years in Leavenworth are more likely.
"Standing" is a term used in civil court and applies to a person's right to sue. Lakin is charged with multiple violations of the UCMJ and is facing several years in Leavenworth when convicted. The last thing he needs to worry about is 'standing'.
She just said he should pick another defense because his request could prove embarassing to the Won.
So have you actually read the decision?
She did say it's an invalid defense. That's the point.
No it isn't. And that's the problem birthers have. All these cases want courts to set aside the constitutional provisions governing presidential election and just give them what they want. Birthers are attacking the constitution.
Congress has to make that determiantion as well.
So does that mean if the House and Senate are won by the Republicans in November that they could, with a majority, demand a copy of the BC or find him ineligible due to his dual citizenship?
They could hold hearings, and their power to subpoena is VERY generous and broad. So yes, they could get their hands on his birth records, probably.
But, the principle of judicial review continues to lay with - well - the Judiciary. It's the provenance of the Judiciary to interpret and define Constitutional terms, not the Congress. So, if Natural Born is going to be interpreted to mean a specific "thing", it will be the judiciary that will be the final arbiter of that interpretation.
The whole point of having courts is to provide an inpedendent review of the legality and propriety of the actions of the other two branches of government. If they refuse to their job, then they are nullifying the purpose and utility of the separation of powers.
Deliberately sabotaging the Constitution and the fundamental principles of operation of the government it establishes is Treason.
The Court reviews what it has provenance to review. The political question doctrine - as defined by Felix Frankfurter - has been a long-held principle established in 1849.
There were many cases that turned on this very principle during Vietnam, and more during the first Gulf War and then later in these two latest conflicts where service members refused orders because they believed the actions of the President to be "unconstitutional". The Court - rightly - said, "no sale", and did not allow the defense when it was asserted for violating Article 92, and other Articles
It's not the prerogative of the military to question the political process. Electing and installing a President is as much a political process, as it is a legal process, nor is it the Constitutional prerogative of the military to inspect the credentials of the President. That is a job that is laid expressly at the feet of the Electoral College and the Congress,not the military.
Lind ruled the only way she could. She'll easily be affirmed on appeal.
This is my hope. I just wonder what it will take to reveal all this.
>> How about a few years in Leavenworth breaking rocks?
Who, Lakin or the CIC who refuses to show a $12 document?
Congress is the perp, the judge, the jury and the arresting LEO?
Fortunately, it will be a very different Congress after the first part of November.
That doctrine violates the very explicit intent of the Constitution. By its logic, courts could never challenge the decisions and acts of any legislature or chief exectuive, ALL of whose decisions are fundamentally political. It amounts to judges arbitrarily deciding that they will shirk their dirty when invalidating SOME political decisions, but not others. Not only is it shockingly hypocritical, it's Treason.
Explicit intent? Find for me the passage in the Constitution that explicitly reference "judicial review". Here's a hint - it's not there. The concept of judicial review was created out of whole-cloth by a guy names John Marshall writing the majority opinion in Marbury v. Madison in 1803.
Later Courts - rightly - recognizing the limitations of their scope or power to review, have left to other branches of government certain tasks or procedures that are not dependent on Judicial intervention - the political question doctrine is one such example. We don't want judges deciding that a President - one that was properly elected, properly certified per the Constitution deciding that he's no longer the President. That's NOT what the Framers envisioned. Examining a President after he's been inaugurated is expressly left SOLELY to the Congress per the Constitution and the Judiciary plays NO ROLE in that process (see: Art II, Sec 4)
I think it's a moot point. He has been charged with an act, missing movement, that he has admitted to in multiple media. I know people here want to believe he has a justifiable reason, but no military court is going to accept that. So he's going to be found guilty.
It's an interesting point you raise, however. By Lakin's theory, any order he himself has given since Obama was inaugurated has been unlawful. It's basically self-negation of the armed services, which are established and set up to preclude that outcome, as the judge explained to Lakin's attorney. Non-sequitur is right--whatever one thinks of Lakin's cause, he has chosen the wrong vehicle to try and advance it.
Oh really? I can count on the fingers of one hand (not including thumbs) the number of GOPers who’ve even touched the eligibility issue. I don’t need any fingers to count the number that have stuck with it rather than backing down like cowards.
The GOP is just as indifferent to the Constitution as the dems.
Maybe wishful thinking on my part.
I am hoping new blood will have some courage.
The smoking gun is the feeble effort to ‘bamboozle’ America with the phony birth document (Certification of Live Birth) he put up on his web site. That should have brought an FBI visit for forging a birth certificate.
The Certification of Live Birth form is not definitive.
He and his administration think Americans are idiots. They know that you are waiting for the piss-stream media to tell the truth but it ain’t ever going to happen.
WAKE UP AMERICA
The Certification of Live Birth is the official birth certificate of the state of Hawaii since 2001 and that document contains all the information necessary to establish Article 2, Section 1 birth status.
There is no additional information on a long form Certificate of Live Birth that is relevant to establishing Article 2, Section 1 eligibility. The Constitution does not ask who the birth doctor was or what the child’s parents’ occupations are or how long the newborn was at birth or what the newborn weighed. The Constitution requires a certified document authenticating place of birth and date of birth, ONLY.
“I, Dr. Chiyome Fukino, director of the Hawaii State Department of Health, have seen the ORIGINAL vital records maintained on file by the Hawaii State Department of Health VERIFYING Barack Hussein Obama was BORN IN HAWAII and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”July 27, 2009
The scanned image of the front side of a birth record on a website is legally irrelevant. If a subpoena is ever issued for Obama’s birth records, it will be a certified copy of the COLB that comes directly from the Hawaii Department of Health with notarized statements of authenticity or deposed testimony taken under oath from the Registrar of Vital Statistics and the Director of Health.
Hope can’t fly in the face of facts; make sure that whoever you vote for is willing to take this on before you cast your vote. Either write and ask them, or see if they’ve taken it on themselves in the media without prompting. Don’t just blindly vote GOP like so many useful idiots who think they’re voting for a conservative party. Good luck!
In my state Art Robinson is running against DeFazio, who’s running for his twentieth something term.
Robinson is a staunch conservative, businessman, homeschooled his children, wrote a homeschool cirriculum - I hope he wins. In my county (where he lives) I see tons of signs and bumper stickers for him. I’m glad to be able to vote for a real conservative.
They probably could get there, if they have the political will to do it.
I assume there could be committee investigations into some issue that would have made the issue relevant and then subpoena the Hawaii documents, or perhaps the selective service or state department (passport) records.
unfortunately, they may decide that the benefit does not outweigh the costs.