Posted on 12/14/2010 9:25:59 AM PST by Smokeyblue
An Army doctor who disobeyed orders to deploy to Afghanistan because he questions Barack Obama's eligibility to be president has pleaded guilty to 1 of 2 charges against him.
At a court-martial proceeding Tuesday in Maryland, Lt. Col. Terrence Lakin of Greeley, Colo., pleaded guilty to not meeting with a superior when ordered to do so and not showing up at Fort Campbell in Kentucky where he was supposed to report.
(Excerpt) Read more at wkrn.com ...
This is why "guilty" pleas matter. To preserve that issue for appeal, Lakin would have to enter a "not-guilty" plea. He didn't.
Lakin changed his plea because he finally listened to some competent legal advice. That issue was NEVER going to be a winner on appeal, so the best course of action is to mitigate the damage already done. Generally speaking, guilty pleas come with lighter sentences (even absent plea agreements), if for no other reason that you haven't pissed off the jury panel by wasting their time with an asinine defense.
To: Beckwith
Lt. Col. Lakin may have or have not done many things. None of them resemble desertion in any way.
Somebody had to deploy to Afghanistan in his place.
195 posted on Tuesday, December 14, 2010 2:57:07 PM by Lurking Libertarian
Despicable of you! To call Lakin a deserter, Lurking Lib.
I didn’t plead guilty; LTC Lakin did.
I didn’t admit, under oath, that the orders LTC Lakin disobeyed were legal orders; LTC Lakin did.
Actually they do have the right to pick and choose what rules and regulations they follow.
I believe is was General Patton that said “Rules and Regulations exist for the discretion of the Commander.”
It is also against the UCMJ to kill or inflict bodily harm on people, yet our commanders order it everyday in combat. They are protected by the legality of such orders.
From the beginning of this whole thing I have said Lakin has the right to disobey an unlawful order, he also has to prove it is unlawful, this court took away his ability and right to prove the orders he was given were unlawful, that is a threat on our Constitution.
I have also said I expected he would be found guilty if Obama proved he was eligible.
The political conspiracy here is the cover up of Obama’s ineligibility, not the search for the truth if he is eligible
Folks "serve" for various reasons. There are some reasons which are, of themselves, honorable. To make a better life for oneself through taking up the military discipline and code of ethics. To learn skills in a way that serves the nation as well, while learning those skills. For camaraderie. For pride and "manhood". To honor their fathers and grandfathers who served. To test themselves. All honorable reasons to "serve".
Some serve for reasons which of themselves are neither honorable or dishonorable: To wear a uniform. To fight. To travel the world. To give orders to others. To live a life which is highly structured and hard to make big mistakes as long as one follows orders. For vanity, to gain bragging rights.
And a few serve for what I call dishonorable reasons: To exploit others. To lord one's service or uniform over others. For a retirement pension. To make a sacrifice on behalf of others. To somehow 'get back' at authority, to sabotage from within.
Note that last two, they are really the same reason!
That the most dangerous kind of people are those who claim to serve to sacrifice for others, is to me an obvious as the sun at dawn. I too spit on them!
Like I spit on the saboteurs of morality and high ethics. What is this court? ... These career military persons who support its mad and dishonest method? I spit at it and all who celebrate it!
“Yeah. I am just grasping at straws.”
YES, you are. Why?
+++++++++++++++++++
Because I held hope that this case would bring the issue to the forefront of the MSM in such a way as to force Obama to reveal his documentation. Obviously that will not happen with this case.
+++++++++++++++++
It makes me sick to my stomach knowing that LTC Lakin is going to be punished for doing the right thing.
“...doing the right thing?
Lakin just pled guilty to committing a crime. What “right thing” are you talking about?
+++++++++++++++++++++
He refused to deploy because he believes that Obama is not constitutionally eligible to issue the orders which eventually made their way down the chain of command to Lakin. From this perspective, Lakin was acting honorably in the act of disobeying orders he did not believe were legal. This is one of the duties of an Officer.
+++++++++++++++++++++++++++++
I was hoping that there would be some positive resolution out of his case.
We all were. It is shame that Lakin gave up.
++++++++++++++++++++++++++++
I agree, but I don’t know anywhere near enough about the Military Code of Justice to have anything remotely to be considered as informed. I was obviously pinning some hopes on a lost cause. I too am sorry he gave up.
Lakin changed his plea because he finally listened to some competent legal advice.
201 posted on Tuesday, December 14, 2010 3:01:51 PM by OldDeckHand
Sheesh. He made a POLITICAL PROTEST based on a CONSPIRACY THEORY. How stupid can you be?
Right, I don't have a clue which is EXACTLY why I've been so wrong about all this Lakin business oh, wait.
Puckett didn't say his client was guilty of anything. He stipulated that Lind was correct in her rulings on the law. He's right, and any 1L would know that he's right.
This was Puckett's way of signaling that he was going to pusue a course of action based in sound, legal reasoning - very much UNLIKE the legal reasoning that got Lakin into problems in the first place.
I want nothing less than a public apology to Jim Robinson and all other FReeper vets. Otherwise, butter can hit the road, IMO.
I get worked up on these threads too sometimes, but I don’t talk about spitting on the military.
That was unacceptable.
Army ‘Birther’ Pleads Guilty at Trial
Article excerpts...
“I wrongly chose to disobey all orders,” Lakin told Judge Col. Denise R. Lind, who questioned him at length before accepting his guilty plea. Lakin drew a distinction between the charge he pleaded guilty to — failing to report for duty — and the charge of missing movement by skipping the flight to Fort Campbell.
Though the court-martial is not going to weigh Lakin's arguments about Obama, the colonel's brother said Lakin "is looking forward to making a statement at the end of the trial."
"He has always had strong convictions," Greg Lakin said. "I'm not saying we all [in the family] support the decision he chose, but we support him."
Usmcobra, you are the kind of man I can honor with every ounce of my soul. I know there are others like you - like Lt Col Lakin - and I would lay down anything I have and my life itself to defend you or those like you, who are kindred spirits in defense of the Constitution.
I know it will be ridiculed, but I am weeping just because I am so thankful that you exist. I was beginning to think the country had lost all our true warriors for the Constitution.
I would never -ever - spit on someone who had served this nation honorably. And I would never - ever - WANT to do anything but befriend, support, and praise those who take their oaths seriously.
I should not have said I felt like spitting on the US military. Those words bring back too many raw memories and emotions for too many people. I am disgusted by those who spit on our soldiers, and I have commented here many times to that effect. I was looking for a way to say how deeply this bothers me. I chose my words poorly.
I don’t care what most people think about me, but it means the world to me right now to know that my heroes in the military understand what I mean and care at least as deeply as I do. God bless you a million times over.
Uh, they do, they did, and he did. He’s guilty as charged and he admits it. Period. Making political protests while in uniform based on conspiracy theories is risky business.
I respect your point of view Buckeye. I sincerely do.
“Yeah. I am just grasping at straws.”
YES, you are. Why?
+++++++++++++++++++
Because I held hope that this case would bring the issue to the forefront of the MSM in such a way as to force Obama to reveal his documentation. Obviously that will not happen with this case.
+++++++++++++++++
It makes me sick to my stomach knowing that LTC Lakin is going to be punished for doing the right thing.
“...doing the right thing?
Lakin just pled guilty to committing a crime. What “right thing” are you talking about?
+++++++++++++++++++++
He refused to deploy because he believes that Obama is not constitutionally eligible to issue the orders which eventually made their way down the chain of command to Lakin. From this perspective, Lakin was acting honorably in the act of disobeying orders he did not believe were legal. This is one of the duties of an Officer.
+++++++++++++++++++++++++++++
I was hoping that there would be some positive resolution out of his case.
We all were. It is shame that Lakin gave up.
++++++++++++++++++++++++++++
I agree, but I don’t know anywhere near enough about the Military Code of Justice to have anything remotely to be considered as informed. I was obviously pinning some hopes on a lost cause. I too am sorry he gave up.
206 posted on Tuesday, December 14, 2010 3:09:02 PM by Danae
Danae,
Lakin may have had honorable motives when he refused to deploy alledgedly because he did not believe that BO’s orders were lawful, but after his guilty plea, his original motive is questionable.
Ever hear of Article 34 the “Catch All” under the UCMJ? This alone basically tells every service man or woman that the military/federal government can do what they want with you.
When you sign up for service to our nation then you are basically government property. You no longer have the same rights as a civilian. The government can do whatever they want with you, and there is nothing you can do about it.
Article 34 trumps all other articles. Trust me it was emphasized when I was in the military. Now everyone has their own political opinion, but when you are in the service you keep it to yourself. That is the way it was and my guess it still is..
I felt the same way about those who didn’t want to deploy because Bush was “selected.”
It’s crap. The orders are legal under Title 10. All of our commissioned officers didn’t have their authority yanked just because this sorry jack@ss is the CIC.
Yes, but that guilty plea had nothing to do with preserving the birther defense on appeal. It has to do primarily with complicating issues that relevant case law creates for the prosecution vis-a-vis Art. 87 and civilian transportation. IOW, because it's a civilian transport and not a military transport, there are some procedural hurdles for the government to clear before they can get a guilty verdict. Lakin's team is wise to make the government try to step over those precedential challenges.
Is it a conspiracy to state he was born owing allegiance to a foreign country? Even his own campaign web site and fact check essentially admit that.
Well...God is in charge.
Heavenly Father does hear, and has heard, the thousands upon thousands of prayers of the faithful who are desperately concerned about the sanctity of our Constitution, the rule of law, and ultimately Western Civilization. There are too many righteous people in this nation for Him to abandon us.
We may not have justice with regard to Obama’s eligibility. What is at stake here is far larger than merely Obama or Lakin. They may be but bit actors in a larger play. Ultimately God will not abandon the righteous in this nation.
That should have read, “...but that NOT-guilty plea...”
I can be very stupid, I joined the Marines.
He was denied the ability to request the documents that would prove his case against the “President of the United States”, those documents are pivotal to his reasonings for disobey his movement orders.
Missing Movement or desertion in time of war is a Capital Offence and he can be executed for what he has done, it also means and no one has paid attention to this fact, that even a guilty plea by him requires an appeal review because it is a capital offense.
During such a review if the court did anything like say denying his right to discovery or preventing him from calling witnesses in his defense, the judgement of the Court Martial can be set aside, and the case retried, only this time Lakin will be allowed to subpoena Obama’s Birth certificate, or the military will just let him go.
That would include my eldest, Michael.
He might not like that so well. He whacks bad guys that can do a lot worse than spit.
If you try to spit on him, he might just figure you for a bad guy.
I'd not recommend it.
It’s not for military officers to decide. If our officers started refusing orders based on political whim or conspiracy theory, we’d have a hell of a mess. And, yes, it is a conspiracy theory. Obama was elected and sworn into office. Like it or not, until and unless found guilty of high crimes and misdemeanors and removed from office he IS the President of the United States and Commander-in-chief of our military.
"Lakin refused to deploy to Afghanistan this summer because he maintains that if Obama is not legally eligible to be commander-in-chief and therefore any orders he issues would be unlawful.
Lakin admitted he disobeyed orders to report to superior officers.
"But my orders to Fort Campbell were for the purposes of deployment," he said, arguing since those deployment orders were illegitimate, he was justified in not following them."
Thank you for understanding me. It’s a really, really sad day.
You know, I always thought I would have been able to sit at the cross and be with Jesus when He died, but I’m learning that I wouldn’t have handled seeing Him mocked and spat upon very well.
Ever since I was a little girl, the stories I was told all ended happily. Somehow the good guys always win. That’s not reality. Someday. Just not here on earth.
Yesterday I watched “Valkyrie”. I knew how it ended even before it started and yet it still hit me between the eyeballs to see all those men who risked so much be executed for trying to save the German nation from a madman. We look down our noses at the German people and wonder how they could stand by and accept what they did with no moral outrage. How could so many people be so wrong?
They were just following orders.
I need to go work. The sun will come up tomorrow. I knew this day was coming, but it still just feels like the world is dead.
Wrong, wrong, wrong.
Obama’s eligibility is not relevant to the orders of Lakin’s superior commissioned officers. His superior officers were commissioned under Bush and their commissions have the full force and effect of law (Title 10, specifically) until they receive a new commission or separate from the military.
FYI —
~~~~~~~~~~~~~~~~~~
Document Provided by the American Patriot Foundation safeguardourconstitution.com
Lakin timeline of concern of CinC’s Constitutional eligibility:
OCT/NOV/DEC 2008
• October was looking at volunteering to deploy with my old unit that was deploying to Iraq.
Started to learn more about the issues and concerns. Stopped my efforts to volunteer to deploy.
JAN/FEB/MAR 2009
• Sought out opinions from supervisors, friends and family.
• Called Legal Assistance at Aberdeen Proving Grounds. They returned my call. I discussed with some staff member. He stated he needed to research a little and would call me back.
I called at least 1-2x/per week for about 3 weeks with leaving messages on voice mail or not getting an answer.
• Proceeded to submit an Article 138 through my Company Commander against BHO. This was submitted at the end of March 2009.
• Received official reply 11 June 2009 from Company Commander. In conversing with him, he said I had the right to submit Congressional complaints.
APR
• 24 April submitted question to Sens Alexander and Corker, and Congressman Wamp.
MAY/JUNE/JUL 2009
• Sought further advice from friends.
• June Received email response from Senator Alexander’s staffer. Conversed with Congressman Wamp’s staffer (Steele) several times. Steele submitted complaint to Office of Military Legislative Affairs.
JUL 2009
• Change of jobs to work at the Pentagon
AUG/SEP/OCT/NOV
• Continued to dialogue with friends, leaders, supervisors regarding my concerns and seeking advice.
NOV 20, 2009
• Submitted Art. 138 against GEN Casey, Army Chief of Staff. Reply 11 DEC.
http://www.safeguardourconstitution.com/images/stories/documents/apf06-jagletter0717_001.pdf
http://www.safeguardourconstitution.com/images/stories/documents/apf03-lakintimelineofconcern.pdf
Key documents list - right margin here:
http://www.safeguardourconstitution.com/who-is-ltc-terry-lakin.html
I don’t know how closely you have followed this case, or the many threads that have spawned on FR as a result. But, if you had done so, you would have noticed that ODH has provided accurate and cogent commentary and advice as it relates to the Manual for Courts Martial and the UCMJ. He has been proven right by every event thus far. Unlike some who pronounce judgment from their kitchen table, he has relied on his experience as an attorney and member of the military justice system.
He, as well as others of his ilk, have noted the folly of LTC Lakin’s quest since the very beginning and predicted quite accurately the apparent ending. Some have chosen not to listen and are now ranting uncontrollably when faced with the reality of the inevitable end to this fool’s errand.
Lakin was never going to get what he wanted. I think that his original civilian counsel knew this quite well, but chose to use Lakin in his ambition to gain fame and perhaps fortune. Lakin finally had the good sense to dump him and retain a competent civilian attorney who is doing his best for his client. Political protests belong in the political arena and should remain there, not in the military.
So, we should put this sordid affair behind us and work to defeat Obama at the polls. Or, better yet, get one or more states to require candidates for President to present certified proof of eligibility as a condition for appearing on the ballot.
You are now making an assumption.
I can’t and wont take that as anything remotely factual until it comes out that way in the court.
Jim Robinson is correct, as much as I hate to agree with it. He based his choice on reasonable doubt created by an as yet un-proven theory, which on its face can be called a conspiracy theory.
Personally I am certain that this conspiracy theory is correct, Obama is NOT a Natural Born citizen. But until some resolution comes out of SCOTUS regarding the legal meaning of Natural Born Citizen, Lakin had no legal basis upon which to make his choice. Not within the UCMJ which he must abide by. In hindsight, the UCMJ might not have the ability to decide this issue. It cannot rule based upon SCOTUS findings which have not yet been made, and it is looking like this case is un-appeal-able to SCOTUS as a mechanism by which to create such a ruleing.
But again, I do not know enough about the UCMJ or constitutional law at this level to even hazard a guess as to what I do not know. I just do not know what I do not know.
sigh.
Thank you for understanding me. It’s a really, really sad day.
You know, I always thought I would have been able to sit at the cross and be with Jesus when He died, but I’m learning that I wouldn’t have handled seeing Him mocked and spat upon very well.
Ever since I was a little girl, the stories I was told all ended happily. Somehow the good guys always win. That’s not reality. Someday. Just not here on earth.
Yesterday I watched “Valkyrie”. I knew how it ended even before it started and yet it still hit me between the eyeballs to see all those men who risked so much be executed for trying to save the German nation from a madman. We look down our noses at the German people and wonder how they could stand by and accept what they did with no moral outrage. How could so many people be so wrong?
They were just following orders.
I need to go work. The sun will come up tomorrow. I knew this day was coming, but it still just feels like the world is dead.
Yes, of course. I should have known. The top brass in the military is in on the conspiracy to keep the Kenyan born communist in the presidency. Thanks for waking me up.
Hey, soldiers, sailors. Forget about your orders. USMCOBRA says they’re unconstitutional and you don’t have to deploy!
Free beer for all!!
I agree. It’s not for someone like LTC Lakin to decide that. That’s why he asked his chain of command, and his elected representatives for assurances that his Commander in Chief was in fact Constitutionally qualified. He was either ignored, or they couldn’t answer in the affirmative.
Hey, DUmbie, check out JimRob’s post # 181.
You’ve already posted that *you* want to spit on the military. Too late to retract your words.
As an aside, I’ve noticed that psychopaths and bi-polars are glib talkers, and are able write pages, and pages, and pages, and pages, about nothing at all.
Making political protests while in uniform based on conspiracy theories is risky business.
213 posted on Tuesday, December 14, 2010 3:15:53 PM by Jim Robinson
Lakin’s Article 138 Complaint would have been legitimate had it been based on a question of the legitimacy of BO’s Presidency pursuant to the NBC Eligibility Clause of the Constitution.
I agree that it was folly to refuse to deploy based on a theory that Lakin could not prove. Regarding the competency of Lakin’s lawyers, competent lawyers do not publicly state that their clients are guilty prior to trial unless they have entered into a plea bargain. Competent lawyers get their clients acquitted, i.e., they win. Competent lawyers do not lose cases by default.
You’re right.
Now you’re comparing our military to Nazis? Sheesh! This conspiracy nonsense has wiped out any common sense you may have been born with and completely taken over your senses.
Sheesh, Louise. I know life is hard, but wake up and smell the coffee!!
"But my orders to Fort Campbell were for the purposes of deployment," he said, arguing since those deployment orders were illegitimate, he was justified in not following them."
And that order for you to deploy to Afghanistan would not exist, if it did not originate from the top of the chain of command [Obama] for your superior(s) to give.
So?
“Lind won’t let him even bring up the Constitutional grounds.”
__
If you’re talking about the eligibility question, that’s right. As has been pointed out to you many times, the law says that Lakin’s orders were lawful completely independent of the eligibility of the President. Since that’s the case, nothing concerning his eligibility is relevant to the determination of Lakin’s guilt or innocence.
He can accept that and plead guilty, or he can reject it and plead not guilty. His choice. But the law on this subject seems very clear — I have yet to hear a knowledgeable military lawyer express a contrary view.
Danae,
Lakin may have had honorable motives when he refused to deploy alledgedly because he did not believe that BO’s orders were lawful, but after his guilty plea, his original motive is questionable.
Here is an excellent article regarding the legitimacy of BO’s presidency:
http://thesteadydrip.blogspot.com/2010/05/aka-obama-ineligible-if-he-was-born-on.html
I don’t care if his superiors were commissioned by George Washington himself, the orders to deploy to Afghanistan come from the president’s authority, and no one else.
By the way, only the Congress can commission Military Officers, Presidents do not have that authority.
I would not spit on anyone who has served honorably in the US military. I actually wouldn’t spit on anybody.
What I’m saying is that I am very angry at the people in the US military who have enabled and cheered on as Lakin has been deprived of his due process and Sixth Amendment rights.
Nah, I’ve got the Charm of Making direct from Merlin and Morgana.
You’ve been doing outstanding work. I understand your passion, and I am certain you didn’t mean to insult our great military. Just a few hasty words can unravel all of a person’s hard work. It’s really amazing. God bless our military, and God bless you and all the other hard working researchers.
Oh, good grief. Tremendous lawyers LOSE every day in court rooms all across the country. Why? Because their clients are usually GUILTY.
Puckett's ethical obligation to Lakin is to give him sound, legal advice - nothing more, nothing less. Sometimes, sound legal advice includes pleading guilty to charges, especially when your client is actually guilty. Here, Lakin's guilt was plainly self-evident. Lind's rulings were plainly within the parameters of existing law making them the ONLY rulings she could have made in the case. There was no reversible error there.
The best thing Puckett, or any attorney could have done was to make Lakin's landing as soft as possible. To this end, Puckett has only done things that further that very goal; Mitigate as best as possible Lakin's exposure, especially with respect to time of confinement and forfeiture.
As for the Article 138 Complaint, what you assert is ridiculous. Art. 138 would not have been helpful or probative in any way here. Why? Because it is not the role of the US military to inspect the constitutional credentials of the president. The military follows civilian orders, they don't give civilians (leadership) orders, ever.
Lakin asked for clarification about the legality of his orders. He was advised, in writing, that his orders were lawful. He should have stopped there, or at worst, filed in federal court for a TRO, and fought it out there, while keeping mindful to follow all orders while that case proceeded. Of course, we all know how that would have ended.
A question is not an answer.
“I question Lakin’s motives based on his guilty plea.”
You can also question whether the chair I am sitting on is real, however you cannot ever prove it is real. You can’t prove it exists.
A court and and will answer the questions Lakin poses. However, I don’t believe your assumptions on the matter: 1) I don’t know you. 2) You are very new to FR. 3) I prefer to wait and see what comes out of the courtroom next rather than lend any weight to your opinions.
Please forgive my caution. You may well be right. Wel will soon see.
“I don’t care if his superiors were commissioned by George Washington himself...”
If they had been, they’d be well past retirement age by now...
“The big mistake this Lt. Col. made was to think he would actually get a fair trial.”
Let’s never forget — Lakin knew this was going to turn out badly for him walking in. If anything, he was probably surprised it lasted as long as it did.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.