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Lakin not allowed witnesses, documents, explanation at court-martial Dec. 14!
www.greeleygazette.com ^ | 11/30/2010 | Jack Minor

Posted on 11/30/2010 11:42:20 PM PST by rxsid

"Lakin not allowed witnesses, documents, explanation at court-martial Dec. 14!
Lakin Family Attempts to Avoid Confrontation Ignored by Obama

Letters obtained by The Gazette reveal the extent to which a decorated Army officer and his brother struggled to resolve concerns over the President’s eligibility prior to the officer being court-martialed.

The Lakins are long-time Greeley residents. Three Lakin brothers; Dr. Greg Lakin, Capt. Gary Lakin USCG and Lt. Col. Terrance Lakin graduated from University High School in 1977, 1980 and 1983 respectively. The brothers' parents still live in Greeley and have a long history of supporting humanitarian causes in the area.

Lt. Col. Lakin is currently scheduled to be court-martialed Dec. 14 for disobeying orders to deploy after exhausting numerous attempts to resolve issues regarding the President’s eligibility to be Commander-in-Chief. The specific issue involved is the Constitutional requirement that the President be a natural born citizen.

Dr. Greg Lakin has previously been a member of the Greeley Police Department and was a prosecutor in Hawaii. Greg, who was interviewed on the Peter Boyles radio show on Nov. 9, said Lakin, “mulled over this for a long period of time” before he made his decision to refuse to deploy to Afghanistan. He strongly disputed the contention that his brother was a coward for deploying, noting Terry had already served in both Bosnia and Afghanistan.

...

In an interview with the Gazette, Dr. Lakin shared copies of letters he and his brother sent to the President and Hawaiian Governor Linda Lingle asking for a resolution of this issue. Greg said the letters were written with a very humble spirit in an attempt to seek information verifying Barack Obama’s birthplace.

...

Lt. Col. Lakin sent a letter to the President prior to being charged saying, as part of the deployment orders, he was required to submit his long form birth certificate and he was “glad to obey this order, and will provide a certified copy of my original birth certificate with common, standard identifiers, including the name of an attending physician and a hospital.” He said he “attempted through my chain of command for many months to get answers to the relentless questions surrounding your eligibility, but was informed that I lack standing. I also sought answers, unsuccessfully, through my Congressional delegation.” He went on to explain the reason for his request had nothing to do with personal differences. “Please assure the American people that you are indeed constitutionally eligible to serve as Commander-in-Chief and thereby may lawfully direct service members into harm's way. I will be proud to deploy to Afghanistan to further serve my country and my fellow soldiers, but want to do so with the knowledge and peace of mind that this important provision of our Constitution is respected and obeyed.”

Dr. Lakin, in his first letter to the president prior to his brother’s arraignment, implored Obama to put the matter to rest stressing his brother tried to resolve the matter through proper channels but was rebuffed. “Approximately 20 months ago while continuing to serve in the Army he attempted to seek clarification regarding your birth certificate through proper military channels. Lt. Col. Lakin filed his requests through the normal chain of command (as the military advised) but continued to meet with frustration as the Army was unable to provide any clarification with regard to your place of birth. He believes this raises a Constitutional issue, a Constitution which he has sworn to uphold.” He stresses that his brother would gladly deploy in an instant once his questions have been answered, saying Terry “remains ready and willing to continue to serve his country in areas of conflict - as he has done in Afghanistan and Bosnia. I believe that upon meeting with my idealistic and principled brother you would find him professional, compassionate and worth helping.” Dr. Lakin even suggested a way to defuse the situation saying that “a meeting with him or our family, whether you chose to do this in private or public setting, would likely defuse this matter.”

He also sent a letter to Hawaiian Governor Linda Lingle who he met several times while he was a prosecuting attorney in Maui County. He told her that “a short meeting or phone with him or family (whether done privately or publicly - your choice), would completely defuse this matter.”

...

Dr. Lakin sent another letter to the President after the initial court-martial date was set. In the letter Greg told the president he was a supporter who was pleased to see him elected in 2008. He reiterated that Terry made this decision only after other options had been exhausted. “It is a shame that no one above him in the military ranks and no one in Congress, who represents him, could address his concerns so that he could have avoided the prospect of such an enormous penalty for staying faithful to the oath he swore as an officer.” He went on to say that Col. Lakin was far from alone in his concerns saying, “Many others in uniform share this concern and have conveyed their support to my brother.”

Showing he understands the divisiveness the issue has caused, he told the President, “We should use all means necessary to avoid an escalated controversy this fall when his court-martial is scheduled. There is much strife and tension in this nation now and this would not be healthy or productive.” Emphasizing the desire to find a resolution of the eligibility issue once and for all so the matter could be put to rest, Lakin said, “My family stands ready to provide any further information you might need and to offer our assistance to try to broker any compromise or negotiation that might be acceptable to all parties. We are deeply distressed over this situation, and do not believe that Terry deserves to be imprisoned simply for seeking assurances that he is following legal orders.”

Greg stated that he has not received any response to his letters and is concerned the Army will simply take the easy way out by avoiding the issue and simply lock up his brother. He said based on his experience as a prosecutor in situations like this where there is no case law, “Judges go in with a pre-determined idea how they are going to decide it and take case law and policy statements to say whatever they want. There is no magic law that supports either position.”

Greg said if his brother is not allowed to present evidence on his behalf and is convicted he would be forced to leave his practice to advocate for his brother saying, “My reluctant but determined response would be to forego my busy medical practice treating drug addicts and elderly patients to organize a public outcry for America’s new military political prisoner.”

As the issue drags on, more members of the media appear to be mentioning the issue. Conan O’Brien joked about the President being ineligible in one of his monologues. Rush Limbaugh, who has previously made comments regarding Obama’s birth certificate, said last week, “We have an imposter for all intents and purposes serving in the White House.”

Saturday Night Live has also mentioned the issue with an opening skit having Sen. Harry Reid asking the President to produce his birth certificate. ABC News Jake Tapper questioned White House Security Advisor David Axelrod’s statement that the President has released his birth certificate asking specifically about the long form containing the name and signature of the attending physician."

From: http://www.greeleygazette.com/press/?p=6890


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; Politics/Elections
KEYWORDS: bannanarepublic; birthcertificate; certifigate; kangaroocourt; lakin; naturalborncitizen; obama; sourcetitlenoturl
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Barry, born to a foreign father, was born by birthright a subject to the crown of her majesty the Queen of England.

At best, he was born a dual citizen. A Natural Born Citizen of the U.S. can not be born with foreign alligience owed. It defies the reason the framers put that requirement into the Constitution (post grandfather clause) for the position of Command in Chief of the armed forces. For obvious reasons.

1 posted on 11/30/2010 11:42:25 PM PST by rxsid
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To: LucyT; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; MeekOneGOP; ...
Ping!

"Lakin not allowed witnesses, documents, explanation at court-martial Dec. 14!"

2 posted on 11/30/2010 11:43:28 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

This is outrageous.


3 posted on 11/30/2010 11:44:54 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty

That is putting it mildly.


4 posted on 11/30/2010 11:51:18 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: The Comedian

Of possible interest to you or those on one of your ping-lists.


5 posted on 11/30/2010 11:52:31 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: rxsid

So, American, you think you have rights?

Go to your cell and shut up.


6 posted on 11/30/2010 11:52:51 PM PST by Hardraade (I want gigaton warheads now!!)
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To: rxsid

This is remarkable, if nothing else, for the sheer volume of reasonable efforts that have been expended to get very basic and simple documentation, which have simply been ignored by President Stitch Lips and his defenders.


7 posted on 12/01/2010 12:00:12 AM PST by edge919
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To: rxsid; Squantos; Travis McGee; wardaddy; SandRat; archy; The Comedian

This is the justice system we served for? What in the Sam Hell is going on in the Pentagon?


8 posted on 12/01/2010 12:36:09 AM PST by B4Ranch (I have never met one, not one Veteran who enlisted to fight for Socialism.)
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To: rxsid

The courts know Obama is not natural born..and they probably know he does not merit the qualifications to be a citizen.

We have shown on this illustrious website..time and time again Obama is a fraud..

We have to ask..what the hell is going on..the answer is simple..it is the destruction of the Constitution..and LTC Lakin is their conduit to this means.

They must be stopped...


9 posted on 12/01/2010 1:02:22 AM PST by bushpilot1
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To: B4Ranch

Confidence is in the negatives fer sure.....


10 posted on 12/01/2010 1:10:55 AM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: rxsid

I am praying for Lt. Col. Lakin. I am very proud of this man’s honorable service to our Nation.

After reading that article I hope no one here has the audacity to come on this thread and claim this man is not honorable.


11 posted on 12/01/2010 1:18:50 AM PST by Aurorales (I will not be ridiculed into silence)
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To: rxsid

http://www.renewamerica.com/columns/kuligowski/101130


12 posted on 12/01/2010 1:53:49 AM PST by bushpilot1
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To: B4Ranch

Where the hell is the MSM on this? I fear our Pentagon has become nothing more than a tool for the NWO.


13 posted on 12/01/2010 2:07:34 AM PST by panaxanax (IMPEACH THE MUSLIM MARXIST....NOW!!!)
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To: B4Ranch

>>This is the justice system we served for? What in the Sam Hell is going on in the Pentagon?<<

I was beginning to doubt whether my service was worth it. Until 0bambi there never was any doubt that, even at an advanced age, I was willing to reenter the military and serve once more.

Now, I’m not so sure. My service is needed here to fight this regime. As for the Pentagon, what do you expect from armchair generals and admirals, promoted because of their Political Correctness? Justice? Here? Now? Ha!


14 posted on 12/01/2010 3:35:42 AM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: rxsid
or
15 posted on 12/01/2010 4:30:36 AM PST by FreeAtlanta (Hey, Barack "Hubris" Obama, what are you hiding? Release your Birth Certificate!)
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To: rxsid

I agree with you— but Colorado’s own Senator Bennett sent me an e-mail yesterday insisting several courts have proven Obama is a natural born citizen—and a lot of other crap as well —oddly the newly elected Senator( probably rigged vote) failed to convince me I ought trust or believe him.I have no
representation here-as both Senators and during lame duchery Congressman Salazar remains. It will be interesting to see if
Scott Tipton can do any good next session. But it will be a long dirty fight turning congress around again after we have allowed such corruption.


16 posted on 12/01/2010 4:50:27 AM PST by StonyBurk (ring)
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To: freekitty

Yes it is. the bum Charles Rangel was busted violating eleven
of the House Rules and will only be expected to listen to
Nancy Pelosi read those( listening to her ought be a punishment worse than waterboarding) but my point is the
petty crooks in Congress are treated better than our honored servicemen and True Patriots. Mr.Lakin has been chosen as
expendable sacrifice by his superiors. The Pentagon expects such fatted calves to go placidly to the butchers blade.Like
Army specialist Michael G.New he is expected to be discharged and then subject to pergatory.


17 posted on 12/01/2010 4:56:09 AM PST by StonyBurk (ring)
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To: StonyBurk

I am furious.


18 posted on 12/01/2010 5:26:56 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: StonyBurk
"Mr.Lakin has been chosen as expendable sacrifice by his superiors."
No, Mr. Larkin made himself expendable. The trial will consist of 2 questions: #1: Were you ordered to deploy with your unit? Answer is Yes #2: Did you deploy as ordered? Answer is No Then he is guilty of missing movement and failure to obey orders. Period. Find someone who is really being wronged to put up on a pedestal.
19 posted on 12/01/2010 5:31:11 AM PST by joe fonebone (The House has oversight of the Judiciary...why are the rogue judges not being impeached?)
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To: Quix; Whenifhow; houeto; null and void; Squantos; xrmusn; bronxville; Screaming_Gerbil; ...
This-is-just-about-sufficient-for-me-to-start-it-myself ping.

"Civil War II" ping.

Increasing volume ping list monitoring government and leftist agitation and instigation of violence.

FReepmail me if you want on or off The Comedian's "Civil War II" ping list...


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

20 posted on 12/01/2010 6:31:56 AM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: All
http://www.safeguardourconstitution.com/

Wikipedia scrubs article on eligibility challenge


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

21 posted on 12/01/2010 6:40:24 AM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: Aurorales
After reading that article I hope no one here has the audacity to come on this thread and claim this man is not honorable.

Best read post #19.

22 posted on 12/01/2010 6:48:19 AM PST by houeto ("You know, I actually believe my own bullsh_t," --- BHO)
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To: StonyBurk
Colorado’s own Senator Bennett sent me an e-mail yesterday insisting several courts have proven Obama is a natural born citizen

Oh, really? Which court cases did he cite for that, huh? You should take that letter down to a friendly journalist or tv reporter and let them have at it. If nothing else write letters to the editor for as many newspapers in this idiot's area as you possibly can. The more that gets out there, he might be shown the door next election.

23 posted on 12/01/2010 6:57:47 AM PST by bgill (K Parliament- how could a young man born in Kenya who is not even a native American become the POTUS)
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To: rxsid
Will they at least let him bring a blindfold before they publicly execute him?

I didn't know his brother was an attorney in Hawaii. He might know something Hussein doesn't want let out of the bag.... of course, other than the blatant evidence of a papa from Kenya.

24 posted on 12/01/2010 7:02:10 AM PST by bgill (K Parliament- how could a young man born in Kenya who is not even a native American become the POTUS)
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To: bgill; Dubya-M-DeesWent2SyriaStupid!; GQuagmire; wintertime; Fred Nerks; null and void; ...
Difficult to imagine anything less just.

Photobucket

25 posted on 12/01/2010 7:35:43 AM PST by null and void (We are now in day 679 of our national holiday from reality. - 0bama really isn't one of US.)
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To: rxsid

I don’t believe that LTC Lakin is being represented by his brother. His civilian legal counsel will not present a defense that has anything to do with Obama or his eligibility. The Military Judge has ruled against that and Lakin’s civilian counsel has said that he agrees with her decision and believes it to be correct as a matter of law and of fact.

LTC Lakin’s brother may be a part of the problem.


26 posted on 12/01/2010 7:36:52 AM PST by centurion316
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To: freekitty

“GOD” Bless Lt. Col. Terry Lakin!!!

He had an outstand record as a Military Officer.

He felt it was his duty to question orders because he took an oath to Protect & Defend his Country.

Mr Obama also took this oath “KNOWING that He was NOT ELIGIBLE” to be POTUS because “His Legal Father” was not an American Citizen as required by our Conistitution.

Mr Obama is a “DISGRACE” to our Country!!

He needs to be removed from the White House immediately!!!


27 posted on 12/01/2010 8:40:13 AM PST by ebysan (ebysan)
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To: The Comedian

Don’t.

We need you in safer saner roles as long as possible.


28 posted on 12/01/2010 8:55:41 AM PST by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: freekitty

outrageous? This would be true if we were still a Constitutional Republic. When obama seized power in 2008 , we became a socialist nation. A Constitutional Republic is based on laws . There is a 95% chance that obama was born in Kenya, even if he was born in Hawaii(5%) he is ineligible to be the President of the United States. The Constitutional Republic we called America ended when obama took the office with massive liberal and foreign money.

AMERICA
July 1776-Jan 2008
MAY SHE REST IN PEACE


29 posted on 12/01/2010 8:59:18 AM PST by omegadawn (qualified)
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Comment #30 Removed by Moderator

To: rxsid
Lakin not allowed witnesses, documents, explanation at court-martial Dec. 14!

That's not entirely true. He's not allowed witnesses relating to Obama and his eligibility but Lakin is allowed to call witnesses relevant to the charges he's facing. If he doesn't have any of those then that's pretty much an admission of guilt.

31 posted on 12/01/2010 9:11:30 AM PST by Non-Sequitur
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To: joe fonebone
>"Mr.Lakin has been chosen as expendable sacrifice by his superiors."<

>>No, Mr. Larkin made himself expendable. The trial will consist of 2 questions: #1: Were you ordered to deploy with your unit? Answer is Yes #2: Did you deploy as ordered? Answer is No Then he is guilty of missing movement and failure to obey orders. Period. Find someone who is really being wronged to put up on a pedestal.<<

How can you post such BS and yet post this tagline? The House has oversight of the Judiciary...why are the rogue judges not being impeached?)

You, a puny civilian, a voter, a taxpayer, a citizen, are questioning authority yet you demand Lt. Col. Lakin, an honorable soldier, a voter, a taxpayer, a citizen, shall not have that right.

You don't like hate anything that doesn't walk in step with the majority or steps out of line to make his own path. Those are usually the characteristic of a coward or an institutionalist who is afraid to question authority himself.

You obviously do agree with Dr. Kissinger, who said, "Military men are just dumb stupid animals to be used as pawns in foreign policy".

I think you need to do some deep thinking and some soul searching in these times of uncertainty.

32 posted on 12/01/2010 9:12:14 AM PST by B4Ranch (I have never met one, not one Veteran who enlisted to fight for Socialism.)
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To: rxsid

According to the article Lakin has a brother in the Coast Guard who is an O-6? And yet there is nothing the article to indicate that he’s supporting his brother in this. Interesting...


33 posted on 12/01/2010 9:17:46 AM PST by Non-Sequitur
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To: Squantos

Deep down in the negatives. Almost out of hearing.


34 posted on 12/01/2010 9:19:54 AM PST by B4Ranch (I have never met one, not one Veteran who enlisted to fight for Socialism.)
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To: B4Ranch; rxsid; Squantos; Travis McGee; wardaddy; SandRat; archy; The Comedian
This is the justice system we served for?

Apparently.
This event makes me ashamed of the Army.

Amendment 6 says
In all criminal prosecutions, the accused shall enjoy the right to [...] be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

While I realize that the argument could be made that this is a court martial, it is admission by this court that either a) violations of the UCMJ are NOT CRIMINAL, OR b) the high-ranking have no loyalty to the Constitution.
Neither is good.

What in the Sam Hell is going on in the Pentagon?

Quite possibly it is like Hackworth described; the higher-ups are not concerned with "doing their job" but with politics*, which is why he referred to them as "perfumed princes."

*This has become so pervasive that I am sure you won't have to travel very far to find claims that politics is the job of the high ranking.

35 posted on 12/01/2010 9:26:22 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Non-Sequitur

... and there’s nothing to indicate that he’s NOT supporting his brother either. Non-sequitur indeed.


36 posted on 12/01/2010 9:28:44 AM PST by edge919
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To: joe fonebone
#1: Were you ordered to deploy with your unit?

More appropriate question:
“Did you receive a lawful order to deploy with your unit?”
Ans: No, The order I received reasonably appeared to lack authority and as an officer sworn to defend the Constitution it was my duty to seek higher confirmation. Despite repeated requests, no officer in my chain of command was able to confirm the lawfulness of the order.

Find someone who is really being wronged to put up on a pedestal.

The issue fundamentally involves whether individuals are capable of effectively governing themselves.
The entire population of the nation has been wronged by the failure of Congress to properly certify the president-elect during its January 2009 Joint Session, a point lost in the “standing” decisions.
The damage has nothing to do with Obama’s political views and the victims include Obama supporters.

LTC Lakin may or may not be the perfect plaintiff, but he has displayed far more courage than those who had, or to date, have the authority to do something about the issue.
Many on FR respect him as a leader and support him; that is quite different than, as you charge, putting him on a pedestal.

37 posted on 12/01/2010 9:31:28 AM PST by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: joe fonebone

>>”Mr.Lakin has been chosen as expendable sacrifice by his superiors.”
>No, Mr. Larkin made himself expendable. The trial will consist of 2 questions: #1: Were you ordered to deploy with your unit? Answer is Yes #2: Did you deploy as ordered? Answer is No. Then he is guilty of missing movement and failure to obey orders. Period.

Do you even understand the nature of authority? If all military authority for orders originate with the commander-in-chief, and the person claiming to be commander-in-chief is not legitimate, then all subordinate orders are invalid.

>Find someone who is really being wronged to put up on a pedestal.

ANYONE who owned GM bonds.
Bonus recipients of the bailout-funds.
Anyone who PAID for the bailout funds.


38 posted on 12/01/2010 9:36:46 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: centurion316
LTC Lakin’s brother may be a part of the problem.

To use your words, the brother certainly may be part of the "problem".

As a former prosecutor in Hawaii he may have relevant insights as to the birth documentation practises employed by that state, and particularly with reference to specific instances.
One could also expect he has had an ongoing flow of information from friends and prior colleagues.

39 posted on 12/01/2010 9:44:43 AM PST by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: rxsid

This is going to the Supreme Court.

Due process is a real issue in this case.


40 posted on 12/01/2010 10:12:02 AM PST by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_ipthe_quintessentia_1.html)
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To: Candor7

So that corrupt CJ Roberts can toss it out again? Great plan.


41 posted on 12/01/2010 10:33:44 AM PST by 83Vet4Life
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To: OneWingedShark

“If all military authority for orders originate with the commander-in-chief, and the person claiming to be commander-in-chief is not legitimate, then all subordinate orders are invalid.”

So the military is effectively disbanded?

Everybody go home?


42 posted on 12/01/2010 10:34:44 AM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: 83Vet4Life
No plan, it will go to the the Supreme Court.
43 posted on 12/01/2010 10:36:36 AM PST by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_ipthe_quintessentia_1.html)
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To: frog in a pot
“As a former prosecutor in Hawaii he may have relevant insights as to the birth documentation practices employed by that state, and particularly with reference to specific instances.
One could also expect he has had an ongoing flow of information from friends and prior colleagues.”

As he has apparently kept a lid on it for over the past two years, he is clearly part of the conspiracy.

44 posted on 12/01/2010 10:38:48 AM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: Candor7
No plan, it will go to the the Supreme Court.

It's got a couple of appeals and a few years to go through before Lakin can even think of the Supreme Court ruling.

45 posted on 12/01/2010 10:39:40 AM PST by Non-Sequitur
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To: El Sordo

>>“If all military authority for orders originate with the commander-in-chief, and the person claiming to be commander-in-chief is not legitimate, then all subordinate orders are invalid.”
>
>So the military is effectively disbanded?

In a very real & legal way, yes.
What you’re seeing now is a desperate appeal to positional power/authority:
“We’re your superior officers, so you have to obey our orders!” {Errr... I seem to remember Nuremberg...}*
It’s even in the civilian-side, demonstrated quite well when Nancy Pelosi was asked what *Constitutional* authority the Congress had to mandate healthcare and she laughed asking “are you serious?”.

The question is whether or not the people will be sated with an appeal to illegitimate authority or not.
If they are accepted, then out Republic dies then and there; if they are not accepted, well, then things get interesting.

*The 6th Amendment says this:
In *all* criminal prosecutions, the accused shall enjoy the right to [..] have compulsory process for obtaining witnesses
in his favor [..]

By not allowing witnesses in this trial it is clear that this CANNOT [legitimately] be a criminal trial; furthermore, it reveals that those conducting the trial are NOT concerned with upholding the Constitution. {Violations of the UCMJ (Military Law), which covers insubordination, missing movement, and all the other charges against the LTC are considered crimes under the UCMJ.}

>Everybody go home?

Many people would have a visceral “NO!” reaction, but yes.
It may surprise you, but we did NOT have a regular/professional army until AFTER WWII. Having, and paying for, a professional/regular army encourages its use by those who control it, the added ‘inertia’ of raising an army to overcome by military powers is actually a good way to keep the army from being used abroad unnecessarily (i.e. World Police).


46 posted on 12/01/2010 10:54:15 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: El Sordo
As he has apparently kept a lid on it…

It doesn't seem prudent to assume he has kept a lid on it.

The better view is to conclude he is smart enough to have distributed copies of his material to trustworthy individuals and groups, pending events.

(Note to the Machine: “Ooops”)

47 posted on 12/01/2010 11:26:08 AM PST by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: joe fonebone; StonyBurk
Sounds like "are you using air that a Senator or more worthy citizen could be using?" Yes.

Quilty, bang.

Wrong is wrong. Larkin is a hero.

48 posted on 12/01/2010 11:34:20 AM PST by FreeAtlanta (Hey, Barack "Hubris" Obama, what are you hiding? Release your Birth Certificate!)
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To: onyx; penelopesire; maggief; hoosiermama; SE Mom; seekthetruth; television is just wrong; jcsjcm; ..

.. Ping!

From the lib military jag site, CAAFlog

^ ^ ^ ^ ^ ^ ^ ^ ^ ^

LTC Lakin voir dire
December 1, 2010

A thought as we get closer to trial. As the Greeley Gazette article

http://goo.gl/irOQZ

and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind.

Some of that criticism has been harsh and excessive. Other than a statement from LTC Lakin’s lawyer that the judge was right, there has been no public disavowel from LTC Lakin. I don’t know he required to do so, except in an effort to get clemency. But . . . .

Will the new defense counsel voir dire the military judge and challenge her or ask her to recuse herself?

If this is to be a members trial, then I think she can clearly say the right words in response to a voir dire and not recuse herself and not to have been found in error on appeal.

But, what if LTC Lakin elects a judge alone trial? Maybe that’s different (unless it is part of a PTA)? Implied bias can be a reason to challenge a military judge just as much as members.

Remember the Marine case from some years ago, where the SJA got heavily involved in trying to remove the MJ because of her alleged relationship with the defense counsel.

http://court-martial-ucmj.com/lakin-2/ltc-lakin-10/

_____________________________________________

Sidebar:

~~~~~~~~~

Federal Rule of Evidence change
December 1, 2010

An important change to the Federal Rules of Evidence begins today. That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now. This is a significant change requiring the prosecution to corroborate statements against penal interest.

On December 1, 2010, a new amendment to the Federal Rules of Evidence takes effect.

http://federalevidence.com/blog/2010/december/new-fre-amendment-fre-804b3-declarations-against-interest-takes-effect-today-part?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FederalEvidenceReview+(Federal+Evidence+Review+-+Highlighting+Recent+Federal+Evidence+Cases+and+Developments)

The rule concerns the admission of statements against interest under FRE 804(b)(3) has been amended so that the corroborating circumstances requirement for admission of a declaration against interest applies to statements against penal interest introduced by the government as well as those by the defendant in criminal cases. This requirement previously applied to statements introduced by the defendant.

http://court-martial-ucmj.com/evidence/federal-rule-of-evidence-change/

~~~~~~~~~~~~~~

Prayers for Ltc Lakin, his legal team, and the brave warriors who persevere fighting for truth.


49 posted on 12/01/2010 11:35:20 AM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: frog in a pot

The better view is that if someone has actual evidence, there is nothing to gain from sitting on it.

The longer information sits, the less relevant or effective it becomes.


50 posted on 12/01/2010 11:49:27 AM PST by El Sordo (The bigger the government, the smaller the citizen.)
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