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LTC Lakin's Appeal Denied
U.S. Army Court of Criminal Appeals ^ | 10/12/10 | Clerk of the Court

Posted on 10/13/2010 3:04:13 PM PDT by BuckeyeTexan

On consideration of the Petition for Extraordinary Relief in the Nature of a Writ of Mandamus and Application for a Stay of Proceedings, the petition is DENIED.

(Excerpt) Read more at caaflog.com ...


TOPICS: Government; News/Current Events
KEYWORDS: army; birthcertificate; certifigate; corruption; doubleposttexan; eligibility; jamese777; kangaroocourt; lakin; military; naturalborncitizen; obama; terrylakin; trollbuckeyetexan; trollcuriosity; trolljamese777
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To: Springfield Reformer
But can you cite me the criminal statute(s) violated by the Nuremburg d applicable to them, at the time they obeyed the orders in question?

http://www.derechos.org/nizkor/nuremberg/judgment/cap5.html

61 posted on 10/13/2010 4:29:03 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Regulator

You need proof. You offer suspicion.

I remember when GWB had folks saying he was ‘selected’, not elected, and thus not the CINC. I didn’t have sympathy to spare for those guys, all of whom deployed with us when the legal folks talked to them. And unless Lakin can offer some evidence for his beliefs, he has no more basis for refusing an order to deploy than he would if he claimed Obama was a space alien.

There is no indication that Obama is not a US citizen by birth. If you have some, feel free to send it to Lakin’s new defense team and maybe they can get Lakin free.


62 posted on 10/13/2010 4:29:35 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: BuckeyeTexan

I need to understand why this case differs from any instance of a military person disoberying an order from a superior?

For instance, what if a Private told his Drill Sargeant he did not feel like peeling potatoes, and plus he didn’t know for sure the Sargeant was even a citizen, or a real Sargeant to boot.

When I went through Basic, there were (said to be) E4s wearing E5 Buck Sargeant stripes, serving as Drill Sargeants.

Woe be to the guy who took a position that he didn’t have to follow an order, for the other guy wasn’t a true Sargeant.


63 posted on 10/13/2010 4:34:27 PM PDT by truth_seeker
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To: Mr Rogers

The answer to this is pretty simple. We just quit having people take oaths to defend the Constitution. Once we have no concern for domestic or foreign enemies to the Constitution we have achieved nirvana.


64 posted on 10/13/2010 4:36:02 PM PDT by Goreknowshowtocheat
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To: OneWingedShark; Regulator

Your fine arguments here almost certainly will be lost on the wind.

Most of them were able to understand when the argument was presented in hypothetical terms of Congress certifying Mickey Mouse as president. However, most were unable or unwilling to extend the underlying logic to an otherwise unqualified President elect.

Consistent with his oath, LTC Lakin is taking the most effective step available to him to bring the defective certification by Congress during its January 2009 Joint Session to the attention of the nation’s judiciary.

Hopefully, the court will agree there was a defect during the Session - and an embarrassed Congress will correct its error.


65 posted on 10/13/2010 4:36:17 PM PDT by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: Mr Rogers

Can you prove he’s not a space alien?

Hmmmmmmmm?


66 posted on 10/13/2010 4:36:31 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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To: 23 Everest

Right, in other words, Obama not qualified to be President, cannot give a lawful order.


67 posted on 10/13/2010 4:36:46 PM PDT by Red Steel
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To: Hoosier-Daddy

How so? Lakin is a medical officer. I don’t think he would have been instructed to execute patients.


68 posted on 10/13/2010 4:42:06 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: mojitojoe; LucyT; STARWISE; little jeremiah; PA-RIVER; danamco; Las Vegas Ron

Ping.


69 posted on 10/13/2010 4:42:11 PM PDT by Red Steel
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To: 23 Everest
"One could argue that LT. Larkin gave an oath to the Constitution."

Put down the bottle. :-)

70 posted on 10/13/2010 4:42:43 PM PDT by verity
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To: BuckeyeTexan

He swore an Oath to Protect and Defend the Constitution. 65% of the country thinks there may be a problem with his eligibility, which is part of the Constitution. In my mind, by refusing an order, to is in integrity with his Oath.


71 posted on 10/13/2010 4:45:58 PM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Non-Sequitur
As long as Lakin is not in custody, the requirements for the granting of a writ of mandamus could not be met.
72 posted on 10/13/2010 4:46:32 PM PDT by SeaHawkFan
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To: 23 Everest
"What the hell are you talking about? I’m disparaging this country?"

Follow the chain back. Pretty simple. I was responding to the this:

"Totally corrupt country."

For which you called me, not the guy that made the comment, a Marxist.

"Wasn’t it your favorite, Hillary Clintoon that said it was patriotic to disagree with any administration."

I don't know where you think you are pulling this stuff from, but I can't stand Hillary.

Let me give you a much needed clue. Recognizing the legal reality that Obama is President does not mean one has to like it. It just means it's true. See, sane people understand that our wishes do not dictate reality.

73 posted on 10/13/2010 4:47:03 PM PDT by mlo
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To: Frantzie

If you think there is all that “evidence” about fraud from Barry’s birth records, blame Bush’s Executive Branch for not following up the rule of law rigorously (But looking at the Bush family and their “wimpiness” on domestic issues and going after democrats from the “comfort” of power, that would be considered a rhetorical statement).


74 posted on 10/13/2010 4:47:27 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: mlo
"But isn't it wonderful of birthers to try to make everyone think so"

Could you please enlighten us as to how the Messiah is somehow a "natural born citizen", since you seem to call those who ask the question "birthers", then YOU must have the facts?

What proof of His status and qualification under the U.S. Constitution did you use to find him "qualified"?

Inquiring minds would like to know.....

75 posted on 10/13/2010 4:48:14 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama go:nna take care o' me!)
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To: Hoosier-Daddy
"He swore an Oath to Protect and Defend the Constitution. 65% of the country thinks there may be a problem with his eligibility, which is part of the Constitution. In my mind, by refusing an order, to is in integrity with his Oath."

So a poll result determines a constitutional question? Really?

76 posted on 10/13/2010 4:48:15 PM PDT by mlo
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To: traditional1
"Could you please enlighten us as to how the Messiah is somehow a "natural born citizen", since you seem to call those who ask the question "birthers", then YOU must have the facts?"

Your question has nothing to do with the comment you quoted, but I'll answer it anyway.

Being born in Hawaii and over 35 years old makes him qualified.

77 posted on 10/13/2010 4:50:09 PM PDT by mlo
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To: 23 Everest

He probably already is.


78 posted on 10/13/2010 4:51:02 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: Mr Rogers
There is no indication that Obama is not a US citizen by birth

Conclusionary statement unsupported by the facts and lacking evidence.

You may be assuming that even if he was not born on U.S. soil, his citizenship would be inherited from his mother alone. That might be true, but the rules under which that operates are much more complex, and there are other issues - such as being out of wedlock - that complicate it. Throw in the fact that she may have expatriated him by changing his nationality to Indonesian, and you have a real legal mess on your hands.

This is what I'm referring to.

If you simply assume that there is no proof that he wasn't born in Honolulu, then there's no point in talking about it. You've accepted his (unsupported) assertion. And if you buy that, maybe you could check with Freeper Buckhead about Lt. Bush's military 'record', also served up by the Democratic party dirty tricks machine.

79 posted on 10/13/2010 4:51:16 PM PDT by Regulator (Watch Out! Americans are on the March! America Forever, Mexico Never!)
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To: Red Steel

Red, you’re not allowed to ping birthers to an anti-birther thread. It’s against the rules y’all set for trolling eligibility threads.
:)


80 posted on 10/13/2010 4:52:30 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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