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Jury Convicts Army 'Birther' Who Refused Deployment to Afghanistan
FoxNews.com ^ | 12/15/2010 | Staff

Posted on 12/15/2010 12:54:18 PM PST by OldDeckHand

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To: xzins
I'm not to up on Miltary Justice, but I would think fair punishment would be a reduction in rank, suspension of pay for a period of time, a suspended sentence and general discharge. Anything more than that would be undue and unjust.

He had some bad legal advice. He should have deployed under protest and filed a suit for mandamus or other relief. I would really hate to see him lose his pension after 17 years, but as a physician, I suspect he probably could live well enough without it.

261 posted on 12/15/2010 6:00:35 PM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Drew68

Such profundity ...... /S


262 posted on 12/15/2010 6:02:25 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: mlo
Children of citizens that MAY be born beyond sea or out of the limits of the United States are considered Natural Born citizens.

I disagree with your opinion, it includes those children of citizens born across the seas or outside the United States if their parents are citizens as natural born citizens in the language of the time.

It also makes the distinction that children with non resident fathers are not citizens. And I humbly submit that English law that defines a King's subject does not apply to citizens of the United States since it is not written into our laws.

263 posted on 12/15/2010 6:02:29 PM PST by usmcobra (.Islam: providing Live Targets for United States Marines since 1786!)
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To: jamese777
Colonel Sullivan is of the opinion that the accused’s insolence toward his commander — a Medal of Honor recipient — did not go over well at all.”

'Don't you know who I am' and nothing to do Our Constitution. Nice going Sully the Sociologist.
264 posted on 12/15/2010 6:02:40 PM PST by presently no screen name
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To: Drew68

I never called you a lawyer did I?

I asked for your opinion about the prosecution using evidence the defense was ordered not to use in their defense...

if you don’t want to voice your opinion then don’t...


265 posted on 12/15/2010 6:06:39 PM PST by usmcobra (.Islam: providing Live Targets for United States Marines since 1786!)
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To: OldDeckHand

Really? And exactly nhow was evidence entered and proved. By what standard?

Can one man completely jeopardize a mission in a unit the size of Lakin’s?

Why not have every person in Lakin’s unit, and the unit of the left and the unit on the right testify as well? Surely there was some ripple effect fo injustice suffered.

Where does the ripple effect end?

Major Dobson incriminated himself—he was not ready for duty, nor was he ready to handle a mass casualty situation. If Major Dobson was not ready, or did not remember his training(for surely he had trained for just this eventuality) he was not the right man for the mission.

So who takes responsiblity for that?

That is not Lakin’s fault.

There is such a thing as redundancy in the military, even at Lakin’s level.


266 posted on 12/15/2010 6:11:17 PM PST by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: exit82
"Really? And exactly nhow was evidence entered and proved. By what standard?"

The "evidence" was entered as witness testimony. They jury panel can weigh the witnesses credibility themselves, just like it works in ANY criminal trial - civilian or military.

"Can one man completely jeopardize a mission in a unit the size of Lakin’s?"

Again, that's up to the jury panel to weigh. They're all 0-6s, so my guess is that they'll say yes.

"Why not have every person in Lakin’s unit, and the unit of the left and the unit on the right testify as well? Surely there was some ripple effect fo injustice suffered."

Why? It's seems the damage was enough from just the few witness the government did call. Defense had an opportunity to rebut, and could have called virtually anyone they wished.

"Major Dobson incriminated himself—he was not ready for duty, nor was he ready to handle a mass casualty situation. If Major Dobson was not ready, or did not remember his training(for surely he had trained for just this eventuality) he was not the right man for the mission."

To borrow a quote from Don Rumsfeld, you go to war with the army you have, not the army you wish you had.

The reason Dobson wasn't prepared is precisely because Lakin's last-minute exit did not allow him the requisite time to prepare. This isn't Dobson's fault, it's Lakin's. Lakin trained for this assignment. Command was counting him to deploy. Whatever the inadequacies of mission capability may have been, they are the direct result of Lakin's actions and no one else's.

267 posted on 12/15/2010 6:20:17 PM PST by OldDeckHand
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To: mlo
We lost when Obama was elected.

No fighter spirit there.

Today was meaningless. All this birther nonsense is just that. Nonsense.

Only to those who don't take The Law of the Land seriously. And, then, on another thread, the same will be crying about 'their rights'.
268 posted on 12/15/2010 6:21:34 PM PST by presently no screen name
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To: OldDeckHand
The reason Dobson wasn't prepared is precisely because Lakin's last-minute exit did not allow him the requisite time to prepare. This isn't Dobson's fault, it's Lakin's. Lakin trained for this assignment. Command was counting him to deploy.

In case of national emergency, you might deployed in a day. What is the requisite time to prepare? Dobson said he had to handle a mass casualty situation a few days into the mission.

Was Dobson prepared or not? Had he never trained for this type of situation? Was he not in country a few days at the FOB before this incident happened?

And what the result of that? Dobson testified his opinion that he was not as ready as he could be for that situation, a situation he was already trained for.

In war, people get shot, killed, taken out for whatever reason. If Lakin died, what was Dobson going to do? Say, "all you wounded fellas--hold on--I need a few days to get my act together?"

Yes, the jury can consider many things as much as they wish. If I was a juror, I would not even consider this without independent verification from other witnesses of Dobson's insinuation.

269 posted on 12/15/2010 6:31:45 PM PST by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: jamese777

I sure hope you’re wrong in your thinking that the flimsy Ankeny case could be a sterling, enduring legal precedent.


270 posted on 12/15/2010 6:33:09 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: jamese777

How about including the links for that
and the other data you post?


271 posted on 12/15/2010 6:34:23 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: tricksy
None of us had any sympathy for such nonsense, and properly so.

Course not we loved it when Carter pardoned all the draft dodgers that went to Canada.

272 posted on 12/15/2010 6:36:32 PM PST by itsahoot (We the people, allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: exit82

It was soap opera dramatics .. just like civilian trials .. laying it on thick. Think John Edwards type of witness
performance.

But the important thing is how the jury of officers see it.


273 posted on 12/15/2010 6:38:16 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: Sibre Fan

he pleaded guilty to one of the charges. In a normal case a deal would would happen. It does get interesting to watch when some people change their tune for no apparent reason and it turns out later that some charges got dismissed in exchange.


274 posted on 12/15/2010 6:40:20 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: Non-Sequitur

So you are telling me that this of all the cases out there had no “Command Influence” in it? The JAG was told what to do at high levels as the fix is in. No one will touch Obama’s BC with a 10 foot pole. Living Constitution, don’t ya know.


275 posted on 12/15/2010 6:47:08 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: OldDeckHand

Despicable .. simply too repugnant and reprehensible
to know of a FReeper who one hopes loves this country
and cherishes what the Founders designed and deigned.

You’re conservative ?

RE: a stipulation - I believe a legal stipulation can be sworn to under oath, if it is so required.

Does Lieberman’s legal citizenship status state he is a dual citizen with Israel as the other or is this an
unwritten tradition with no legal ramifications?

Was Lieberman’s status with Israeli citizenship raised as
as critical issue?

If so and if essential to his candicacy, what do you think he would’ve done ?

I’m still reeling from your Atta position .. it makes me
completely nauseous .. I have no desire of further engagement with you tonight.


276 posted on 12/15/2010 6:50:27 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: OldDeckHand
Yes I see that the youtube vid. did come after the conviction according to Sullivan, however, the cat jumped out of the bag yesterday.

The government's fifth (out of six) witness testified to Lakin's motives that it was over Obama's lack of being eligible for presidential office. No "Evidence in Aggravation" here.

From a different witness blogger:

"The Government Introduces Obama’s Ineligibility

Recall that the government would rather bury LTC Lakin on a bunch of piled on charges than address the issue of Obama’s ineligibility.  In what can be termed as a little ‘divine intervention’ the fifth government witness actually stated the reason why LTC Lakin refused his orders–Obama’s eligibility.  You should have seen the prosecution shut that lady down right away!  “next”… "

http://drkatesview.wordpress.com/2010/12/14/standing-with-lt-col-terry-lakin/#more-4919

Did ACLU Sullivan reports this?

277 posted on 12/15/2010 6:56:34 PM PST by Red Steel
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To: STARWISE

Agreed. Nice shafting job by Dobson and his wife,IMHO.


278 posted on 12/15/2010 6:57:20 PM PST by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: Mr Rogers

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects

191 posted on Wednesday, December 15, 2010 6:06:50 PM by Mr Rogers


We’re still waiting, rogers ole boy. Kind of slow-witted aren’t you, rogers ole boy?

Why don’t you man up, rogers ole boy, and admit that you are wrong and not knowledgeable enough of the law, any law, to answer any of my questions or refute any of my legal arguments?

Thank you for posting the essay supporting the FACT that BO, by his own admission, was born a British subject and consequently BO is NOT a Natural Born Citizen of the United States, and NOT QUALIFIED to be POTUS.

Here’s another assignment for you, Rogers, ole boy. See if you can find a single case that refutes the FACT the BO is subject to the Original Jurisdiction of SCOTUS for lawsuits contesting his illegitimate pResidency.

http://thesteadydrip.blogspot.com/2010/07/taking-aka-obama-directly-before-scotus.html


279 posted on 12/15/2010 6:57:38 PM PST by FS11
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To: FS11; Red Steel; Danae; butterdezillion; Las Vegas Ron; Fred Nerks; hoosiermama; edge919; exit82

CAAflog’s dillies are now on .. Blog Talk Radio

http://www.blogtalkradio.com/show.aspx?userurl=rcr&year=2010&month=12&day=16&url=rc-radio-special—lakin-court-martial-day-2

It didn’t just start .. I had to click where it says open in your default player or another window and play it thru my computer.

Apparently, some troop Edwards said something negative
at the hearing. Haven’t gotten the gist.

Now, they’re choking down giggles and chortles about some witness they’re labeling a ‘birther.’

Oh yes .. they’re having a barrel of laughs here.


280 posted on 12/15/2010 7:06:42 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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