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
When a kidnapped soldier gets on video and says, “My captors are treating me great” I don’t insult his integrity if I disbelieve the words coming out of his mouth.
This lawyer’s job is to get this soldier out of a firefight he can’t win. Friendly fire from the leaders he went to because he thought he could trust them. His fellow soldier is trying to pull him out before he gets killed or seriously wounded. In such a situation, as my dad would say, “Never spit into the wind.”
He’s doing what he has to do, even if it means kissing up when he knows the other person is wrong. This is what the retired military guys said straight out had to be done - just get the guy out of this mess however you have to because justice is a hopeless prospect at this point.
I am just infuriated when I see a communist thug running the Federal government. It is the most disgusting thing I have seen in my lifetime. I cant hold back my feelings with this. Our constitution has a requirement regarding situation of birth, and it is insulting to all Americans that this Jackass from Indonesia refuses to comply with it.
Think a rolling pin would work?
Somehow it just doesn’t have the same effect. lol
Meat mallet? Blender?
My family watched “Taken” together. It was a sobering opportunity to teach the fact that “Peaceful folks sleep quiet at night because rough men stand ready to do violence on their behalf.”
The rule of law doesn’t just come naturally. There are people who only speak the language of violence. There is no way to peacefully coexist with them. That reality gets closer and closer to home every day, it seems. Either America and our way of life will conquer our enemies so we can live in peace and freedom, or our enemies will destroy America and our way of life, and we will be left with oppression and hopelessness.
I hope it doesn’t come to violence, but it seems like history says it always eventually does.
I hear ya. The worst betrayal is not even from Obama himself, nor from Soros. Neither one ever had any loyalty to America or our Constitution. The worst betrayal is from the people who seem to love America but watched this all happen.
I don’t understand how somebody who was tortured for being a defender of America could stand by - the one person who undoubtedly had “standing” - and refused to stand up in defense of America and the Constitution he has sworn to protect and defend.
Maybe I’m a hopeless optimist, but I can’t help but think there’s more to the story. Some reason McCain thought he had to watch it happen rather than stand up and fight for this land. I know it sounds crazy, but I think America is being held hostage. We all know this isn’t the real America. People who have never cared about politics at all have a look in their eyes that’s both sorrow and fear. And horror. They know something is really, really wrong this time - like a heart attack in progress.
Very informative.
What military officer did Congress give the authority to authorize the use of force in Afghanistan?
When Congress gave the authorization for the use of force after 9-11, who did they give it to?
That would be the law that applies for orders to send troops (Lakin) to Afghanistan, right?
I’m sorry you seem to view the President as some kind of Godhead or graven image without whom nothing can be legitimate. But that’s not how the Constitution works. Under its Constitutional authorities, Congress authorized use of force against all those associated with the 9/11 planners. That makes deployments to Afghanistan legal. Long before that, and also under its Constitutional authorities, Congress passed statutes governing the armed forces, which establish the legality of orders independent of the Presidential Golden Calf.
That’s basic constitutional law and a necessary component of understanding the freedoms one would presume to protect.
McCain was arrogant and thought he could beat Obama easily. That's why he never questioned his credentials. And He thought he would look BIG if he gave Obama a pass. Plus, The senate gave him a pass.
Storm of the century. Two liberal democrats ran in the same contest....
McCain was arrogant and thought he could beat Obama easily. That's why he never questioned his credentials. And He thought he would look BIG if he gave Obama a pass. Plus, The senate gave him a pass.
Storm of the century. Two liberal democrats ran in the same contest....
This is the relevant text of the SJ Res 23 authorizing the use of force (found at http://news.findlaw.com/hdocs/docs/terrorism/sjres23.enr.html ) :
“a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
So which military officer did Congress authorize to use force against Afghanistan?
Lind referenced Congress’ delegation of powers and authority to military officers. She said that makes it so that lawful orders can be given regardless of whether there is a valid CINC. So what military officer was specifically authorized by Congress to use “appropriate force” in Afghanistan - which would include the support operations of medical personnel such as Lakin?
Ummm, this is complete and utter nonsense. You're comparing the systematic filing of government records with temperature fluctuations?? What the hell is wrong with you??
You really do need to go correct the Uniform Code of Military Justice. It has all sorts of procedural and due process provisions, privileges and even rights that you will find incredibly annoying. In fact, most of the UCMJ actually dares to get in the way of your gestapo shiny boot polish, and delays all sorts of satisfaction you would otherwise get marching around ordering executions while thrashing your riding crop in front of a mirror.
Jackass.
Guest Editorial
BY DR. SALVATORE A. RICOTTA | DECEMBER 1, 2010
Dear Mr. Morrison
I am sending this e-mail to you regarding the response I received 3 days ago from Senator Kyl. I mailed the letter to him in early November regarding the plight of Lt. Colonel Terrence Lakin.
I implore you to immediately redirect this entire email to Senator Kyl, as time is of the essence, and I am requesting answers to questions of utmost urgency and importance.
Dear Senator Kyl,
I am very concerned that you misdirected my inquiry about LTC Lakin to Colorado Senator, Udall. LTC Lakin originally was from Greeley, Colorado, but his current residency is the State of Tennessee.
His situation is not simply casework, such as a person who did not receive a social security check or some other lesser problem, and it should not have been forwarded to Senator Udall at all.
The issue I am raising: LTC Lakin’s pending court-martial has sweeping ramifications for the Constitution, and perceptions, both domestically and abroad, of the American Justice System and the integrity of the American Government under Barack Obama.
I am asking you, as your constituent and someone who voted for you - whether you believe LTC Lakin should face prison time at USP Leavenworth as a result of his court-martial trial which starts on December 14th, because he felt a duty to uphold his sworn oath as an officer - to uphold the U. S. Constitution?
I am sure that as a member of the Senate Judiciary Committee, you understand the hard clause in the constitution in Article II, Section 1 – the requirement that the President be a “natural born” citizen. I am aware that earlier, you told other constituents that since courts have rejected lawsuits (mostly based on standing and jurisdiction, NOT on the merits) – that we should “move on.”
Are you suggesting that we should abandon the “natural born” requirement of the Constitution – the supreme law of the land – and give Obama a pass???
You know how John McCain was badgered over his “natural born” status and that the Judiciary Committee voted to affirm his status in a non-binding resolution in April 2008.
Can you PLEASE tell me why you and other members of the Judiciary Committee failed to raise at that time the issue of Obama’s status - which to this day remains undetermined?
Surely by now, you know that Barack Obama has NEVER produced an original birth record. Any records which should have been available concerning the background of this President – birth, school, passport, and college records – are sealed, right from his early life up to the present; his lawyers threatened citizens with ruinous financial sanctions for going to court to try to determine Obama’s Constitutional eligibility, because our politicians and judges are shirking their duty to support and defend the Constitution and uphold the rule of law.
We the American people don’t care who is embarrassed by this scandal, or what the consequences might be. We are a strong nation because we value and demand integrity, openness and the rule of law.
Obama promised transparency ... to be a uniter, but all he has succeeded in doing is provoking this bitter and divisive controversy by hiding his records. True, it could well unravel his presidency, but that is far better than to let this cover-up continue, and for people to lie, manipulate and deceive because of it.
I want to know, Senator Kyl, what you think about LTC Lakin being denied due process by the Army and the Obama Administration - denied the basic right of discovery as a criminal defendant, i.e. no access to records which would prove his innocence.
I want to know WHY you have not asked President Obama to produce his original long form birth certificate and prove his “natural born” status as McCain did ... or for that matter, all of his hidden records.
It is a simple question - it’s the same question LTC Lakin asked – and no one in the Army or on Capitol Hill (in his TN Congressional delegation) could answer it? WHY???
This is NOT acceptable.
You are a distinguished lawyer; you serve on the Judiciary Committee ... and in fact you serve on the Judiciary Subcommittee on the Constitution. My wife and I ask, “Where do you stand, Sir???”
A decorated officer faces prison imminently, while Obama’s terrorism policy of trying terrorists in civilian court will mean detainees caught on the battlefield in Afghanistan may escape proper punishment.
Senator Kyl, you NEED to ask these questions of Barack Obama ... the answers to which may very well keep LTC Lakin from an unjust conviction and hard time in USP Leavenworth.
We implore you – my friends, my family, and fellow Tea Party patriots – to speak up on behalf of LTC Lakin - to uphold the same oath of office that you took when you assumed your seat in the United States Senate.
I anxiously await your response, and will gladly share your reply with others who are as keenly concerned about LTC Lakin’s fate.
My wife and I intend, also, to be present at your next Town Hall meeting, to ask you these questions in person so all attendees can hear your response.
Sincerely,
Dr. Salvatore A. Ricotta
Scottsdale
IN GOD WE TRUST!
http://www.sonorannews.com/archives/2010/101201/guesteditorial.html
Thankx nully.
.
Every once in a while, a ray of light shines through the darkness, a sense of rational logic peeks through the madness...you, sir, are that light. Thank you.
Joe, go to post 132 and answer what tired old conservative hasn’t yet answered: In the Authorization to Use Force, what military officer did Congress authorize to “use appropriate force” in Afghanistan?
What military officer acting independently of the President has the authority to tell Lakin and other soldiers to go to Afghanistan and conduct combat operations there? Lind said Obama’s Constitutional status is irrelevant because Congress said the military didn’t need no stinkin’ president in order to give Lakin those orders.
Precisely WHERE did Congress authorize “the military” to use force in Afghanistan? It wasn’t in the Authorization to Use Force, so where was it? That is the crux of Lind’s whole argument that Obama’s status is irrelevant. She’s going to send a distinguished, noble officer to jail based on exactly what?
Based on feeling good about saving face of/for her political masters...
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