Army birther pleads guilty to 1 of 2 charges

AP ^ | December 14, 2010 | AP

[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.

[Hoosier-Daddy]

Obama’s first political prisoner. Disgusting...

[Joe 6-pack]

I'm sure Amnesty International will be on the case posthaste.

< /sarcasm>

[kbennkc]

Those who advised him on to this foolish course should share his punishment.

[pnh102]

So what happens to the second charge? Does he still go to trial on that one or is it dropped?

I hate saying this but I am going to guess that he pleaded guilty because the government has overwhelming evidence which backs up its case, and he is looking for a lenient punishment.

[spectre]

You are exactly right.

[STARWISE]

*snip*

At a court-martial proceeding Tuesday in Maryland, Lt. Col. Terrence Lakin of Greeley, Colo., pleaded guilty to a charge that included not meeting with a superior when ordered to do so and not reporting to duty at Fort Campbell.

Defense lawyer Army Maj. Matthew J. Kemkes Defense lawyer Army Maj. Matthew J. Kemkes, left, prosecutor Army Capt. Jonathan Kobrinski, center, and defense lawyer Neal Puckett, right, walk outside a military court during the court martial for Army Lt. Col. Terrence Lakin, not pictured, Tuesday, Dec. 14, 2010 at Fort Meade, Md. Lakin is being tried for allegedly refusing to deploy to Afghanistan because he does not believe that President Barack Obama was born in the United States and therefore questions his eligibility to be commander in chief.

Defense lawyer Army Maj. Matthew J. Kemkes walks outside a military court during the court martial for Army Lt. Col. Terrence Lakin, not pictured, Tuesday,Dec. 14, 2010 at Fort Meade,

[butterdezillion]

No. He is pleading guilty because there is no expectation of justice from the United States military. The best he can hope for is to just get this over with as quickly as possible so he can appeal in the civilian courts the fact that his due process and 6th Amendment rights were grossly violated.

[joe fonebone]

He got off easy.... as a deserter, he endangered his entire unit, and those that he was supposed to serve...he should have been put up against a wall and shot ( that is what is usually done to deserters )

[wac3rd]

Look at AP’s “Saul Alinsky-type” of journalism. Never about fact, always about steering attention away from the Obamanation and his Kenyan birth.

Always demonization, never about the actual happenings in the story.

F AP.

[I am Richard Brandon]

"Obama’s first political prisoner. Disgusting..."

Won't happen. We are a Nation of Laws. /sarc

[verity]

"He is pleading guilty because there is no expectation of justice from the United States military."

Of course.

[Seizethecarp]

Per AP:

“Hawaiian officials say they have records proving Obama was born there and is therefore eligible to be president. But so-called birthers challenge that.”

Wow! This is the first time that I can recall an MSM report on the BC that did not frame the legitimacy of the HI COLB as factual and “birther” claims as “debunked by non-partisan Factcheck”.

I regard this as very significant. This AP report follows the usually MSM-abandoned journalistic principle of reporting the facts. AP reports that Hawaiian officials only “say” but AP does not affirm as a fact that HI have proved they have the records. AP reports that “birthers” “challenge” that without framing them as nuts.

Perhaps LTC Lakin got the AP reporter to read his brief and maybe pull back on knee-jerk affirmation of Obama’s eligibility. Perhaps this is further sign that Obama's protection is coming down and with the GOP taking over the House subpoena power, AP may be distancing themselves from the HI claims as a precautionary measure, lest they be proved to be unsupported by the "original vital records."

[Fractal Trader]

ping

[charlie72]

If Hawaii has that evidence of a doctor-signed, witnessed bc why don’t they send it to the court????? Obama and Holder are obstructing justice. May all those involved in hiding his eligibility go to prison for life.
If you support Obama, where would you go to see his birthplace and donate to the hospital?????
You can’t. Why? No proof or something on the bc Obama doesn’t want you to see. Obama is a fraud. He is anti-America, anti-capitalism, etc.
Nothing passed by Congress will help our economy until Obama is gone!!!!!!! He hates coal, oil, himself,etc.

[Seizethecarp]

ping...

AP backs off pro-Obama/birther-bashing framing?

[butterdezillion]

The military deserted him. He went through the proper channels to find out the lawfulness of the orders being given by Obama, and every person in the military who had the responsibility of following up is guilty of DERELICTION OF DUTY at the least because they refused to even check into it.

I just got done watching “Valkyrie” for the first time yesterday. I know which character fits you perfectly. The one who showed unswerving allegiance to “Der Fuhrer”.

[pnh102]

He is pleading guilty because there is no expectation of justice from the United States military.

But why let them win like that? Why not make the government prove its case? At the very least, we'd be allowed to see what information the government haves that proves that it is in the right. I still think my original claim stands, this guy has no case, and he is just hoping for leniency in sentencing.

The best he can hope for is to just get this over with as quickly as possible so he can appeal in the civilian courts the fact that his due process and 6th Amendment rights were grossly violated.

That won't go anywhere either. No civilian court has ever accepted any sort of challenge to 0bama's eligibility. It is highly unlikely they would for this situation either.

[verity]

Buttercup thinks you are a NAZI.lol

[butterdezillion]

AP is dead wrong on this though. Hawaii officials CANNOT say they have records proving where Obama was born, because the BC that Hawaii has is not legally valid. The State itself is forbidden to say what the facts of Obama’s birth are, because they have no records that they trust to be accurate - according to HRS 338-17.

The word that Fukino used was “verifying”. She has seen the vital records VERIFYING that Obama was born in HI. The word “verify” means to swear. There is a record in Hawaii swearing that Obama was born in Hawaii. To PROVE is something totally different, though it’s understandable that the AP would make this mistake. They should correct it though.

[jamese777]

But why let them win like that? Why not make the government prove its case? At the very least, we’d be allowed to see what information the government haves that proves that it is in the right. I still think my original claim stands, this guy has no case, and he is just hoping for leniency in sentencing.

That won’t go anywhere either. No civilian court has ever accepted any sort of challenge to 0bama’s eligibility. It is highly unlikely they would for this situation either.

---

When a defendant pleads guilty, whether in a civilian court or a military court martial, they give up their right to appeal.

[stormer]

We’ve only carried out one execution for desertion since the Civil War (Eddie Slovak during WWII). That said, I do think this fellow should spend at least the next 10 years in Leavenworth.

[butterdezillion]

The retired military brass are afraid that if the issue of whether Obama can “act as President” is pushed when the military leadership this corrupt, there will be a bad precedent set.

And already, the military judge has said that the Constitutional status of the President is irrelevant to combat orders. That’s a scary precedent right there. If you take that precedent to its logical conclusion, Lakin’s brigade commanders could also have ordered him to deploy for combat operations in Iran, and it would be “irrelevant” whether a valid Commander-in-Chief had ever authorized combat in Iran.

See, the whole case that the military is making is that it doesn’t MATTER whether there is a valid President who authorized combat operations in Afghanistan, because brigade commanders can give all these smaller orders that, when combined, accomplish military combat without there having to be authorization from “the President” (who is given the sole authority to “use force” in the war on terrorism).

And that is a serious, serious claim that should have the military folks saying WTH???!!

[deport]

He pleaded not guilty to a second charge of missing a flight he was required to be on. His court-martial at Fort Meade is continuing on that count.

[BigGuy22]

“When a defendant pleads guilty, whether in a civilian court or a military court martial, they give up their right to appeal.”
__

Not only that, but he must sit down with the judge and convince her that he understands what it means to plead guilty — in this case, it means acknowledging that he knows the orders he disobeyed were legal orders.

If he’s not able to do that convincingly, the judge must reject the guilty plea and he will face trial on those counts.

[centurion316]

No. He is pleading guilty because there is no expectation of justice from the United States military.

He is pleading guilty because he is guilty as charged. Go find some other poor dupe on whom to peddle your silly birther wares.

[so_real]

Those who advised him on to this foolish course should share his punishment.

More appropriately, such punishment should be delivered upon the undocumented Commander in Chief --- who not only does not "have his back" but with his silence stabs Lt. Col. Lakin clean between the shoulder blades. That is pathetic military leadership unworthy of respect. Whatever punishment is allotted to Lakin ought be delivered to Mr. Obama tenfold. The CiC intentionally hangs one of our own out to dry and the democrats wonder why the military is primarily republican supportive. We don't leave men behind.

[SvenMagnussen]

“Hawaiian officials say they have records proving Obama was born there and is therefore eligible to be president. But so-called birthers challenge that.”

- AP

If this were true, then why would Obama fake an online COLB? Why doesn’t he show the copy he received from the HI DoH?

Miss Tickly has proven the online COLB is a forgery.

Obama’s ineligibility problem can be demonstrated by examing his SSA application for a SSN. From there, you’ll find Obama’s Certificate of Naturalization at the USCIS in Washington, D.C.

[butterdezillion]

Lakin is charged with violating Article 92, which covers 2 different kinds of orders.

Article 92(1) regards general orders and regulations. Lakin’s orders are not general orders, but specific, direct orders to him.

Article 92(2) regards orders that aren’t chargeable under Article 90, 91, or 92(1). If a person can be charged under Article 90, 91, or 92(1) they can’t be charged under 92(2)

Article 90 regards lawful orders from a superior commissioned officer. The orders Lakin is accused of disobeying are direct orders from a Lt Col and 2 Col’s - all superior commissioned officers.

Lakin can be charged under Article 90 so it is not lawful for him to be charged under Article 92(2)

How can he lawfully be charged under Article 92?

He can’t, and that tells you how much the United States military cares about lawfulness. If they treat something is clear-cut as this with such disregard, what makes you think they are treating anything else with earnestness?

[centurion316]

The military deserted him. He went through the proper channels to find out the lawfulness of the orders being given by Obama, and every person in the military who had the responsibility of following up is guilty of DERELICTION OF DUTY at the least because they refused to even check into it.

Another bit of nonsensical prose. We get rid of Obama through political means, not by convincing some clueless military doctor to commit professional suicide.

[FS11]

The following is the passage from Law of Nations that was used as the definition for a Natural Born Citizen by our Founding Fathers:

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”

Now what part of Vattel’s clear and concise Definition of a NATURAL BORN CITIZEN do Communists, Socialists, Liberals and Democrats not understand?

http://thesteadydrip.blogspot.com/2010/05/aka-obama-ineligible-if-he-was-born-on.html

[BigGuy22]

“How can he lawfully be charged under Article 92?”
__

Well, gee, how come your hero Lakin and his crackerjack lawyer fell for that obvious scam?

Where was BZ when they needed him/her?

[Michael Barnes]

Civilian court???

He is subject to UCMJ; different set of rules.

[LucyT]

.

[jamese777]

If this were true, then why would Obama fake an online COLB? Why doesn’t he show the copy he received from the HI DoH?

Miss Tickly has proven the online COLB is a forgery.

Obama’s ineligibility problem can be demonstrated by examing his SSA application for a SSN. From there, you’ll find Obama’s Certificate of Naturalization at the USCIS in Washington, D.C.

---

The state of Hawai’i also confirmed the validity of the Obama online COLB. The Director of Health, Dr. Chiyome Fukino testified under oath before the Hawai’i state Senate’s Committee on the Judiciary and Government Operations and she said the following: “For more than a year the Department of Health has continued to receive approximately 50 email inquiries per month seeking access to President Barack Obama’s birth certificate IN SPITE OF THE FACT THAT PRESIDENT OBAMA POSTED A COPY OF THE CERTIFICATE ON HIS FORMER CAMPAIGN WEBSITE.” February 23, 2010
Lieutenant Colonel Lakin might have had some backup if any court in the nation had investigated a forgery complaint regarding the online COLB, but there has been no such investigation for forgery in any state or local jurisdiction.
There has also been no investigation in any state or local jurisdiction of Social Security fraud. Both forgery and Social Security fraud are felonies and qualify as high crimes for purposes of impeachment. There have been no criminal investigations. ANY prosecutor in the nation could have investigated these allegations. None have.

[Smokeyblue]

“There has also been no investigation in any state or local jurisdiction of Social Security fraud. Both forgery and Social Security fraud are felonies and qualify as high crimes for purposes of impeachment. There have been no criminal investigations. ANY prosecutor in the nation could have investigated these allegations. None have.”

Dereliction of their duties does not exonerate the accused Usurper-In-Chief. It only makes them complicit.

[Smokeyblue]

“There has also been no investigation in any state or local jurisdiction of Social Security fraud. Both forgery and Social Security fraud are felonies and qualify as high crimes for purposes of impeachment. There have been no criminal investigations. ANY prosecutor in the nation could have investigated these allegations. None have.”

Dereliction of their duties does not exonerate the accused Usurper-In-Chief. It only makes them complicit.

[Lurking Libertarian]

The best he can hope for is to just get this over with as quickly as possible so he can appeal in the civilian courts the fact that his due process and 6th Amendment rights were grossly violated.

Someone who pleads guilty cannot thereafter appeal on those grounds. Pleading "guilty" means he is saying he is, in fact and law, guilty.

[Baynative]

Setting aside the fact that Obama has spent millions (probably of our money) to avoid proving his legitimacy in court, what this debate is doing is keeping our attention away from the very real influences being applied upon our nation by the likes of his inner circle of advisers including, but not limited to: Wm. Ayers, Jeremiah Wright, Valerie Jarrett, Van Jones, Tim Geithner and FCC Diversity Czar Mark Lloyd.

The background of building Obama's character by communist drug dealer Frank Marshall Davis and Chicago radical Saul Alinsky deserve far more attention than arguing about where he may have been born.

[butterdezillion]

This makes me want to spit on the United States military. I have never been so ashamed of this country at any point in my life. To have to sit down and grovel before Lind, to try to convince her that she’s holding up 3 fingers when he knows she’s holding up 1, is reminiscent of George Orwell’s “1984”.

I can’t stand this.

[FS11]

To: butterdezillion
The best he can hope for is to just get this over with as quickly as possible so he can appeal in the civilian courts the fact that his due process and 6th Amendment rights were grossly violated.

Someone who pleads guilty cannot thereafter appeal on those grounds. Pleading “guilty” means he is saying he is, in fact and law, guilty.

38 posted on Tuesday, December 14, 2010 12:32:33 PM by Lurking Libertarian

---

Correct. Lakin has given up his right to appeal as well as his right to sue for wrongful conviction in Civilian Courts.

[Mr. Lucky]

What you said.

[jamese777]

Dereliction of their duties does not exonerate the accused Usurper-In-Chief. It only makes them complicit.

---

Ah, the good old “mass conspiracy” theory.

[centurion316]

The background of building Obama's character by communist drug dealer Frank Marshall Davis and Chicago radical Saul Alinsky deserve far more attention than arguing about where he may have been born.

You have my complete agreement and support on this point. The Obama gang is deliriously happy about what the useful idiot birther crowd has done on their behalf. Obama has plenty to hide, but its not likely anything to do with the place of his birth.

[butterdezillion]

Fukino was just as accurate about Obama posting his “birth certificate” online as she was accurate about them receiving 50 requests for Obama’s BC per month - which has been proven false.

The fact that she can lie under oath with impunity on both counts is a sad indicator of the level of lawlessness in Hawaii.

[STARWISE]

*snip*

A group of about 30 birthers (((otherwise known to patriots as supporters))) attended Tuesday’s hearing, handing out leaflets with a picture of Obama labeled “usurper” and “ineligible.”

More
http://www.stripes.com/news/lakin-facing-jail-time-for-guilty-plea-at-start-of-birther-court-martial-1.128735"

[Hoosier-Daddy]

You are welcome to your opinion, but he put his career on the line. All I see are a bunch of gutless wonders in Congress, and the Judiciary.

[KMG365]

He is a grown man who made his own decision

[Smokeyblue]

It is what it is.

Yes, anyone who has the authority and jurisdiction to investigate the biggest fraud in US history has been derelict in their duties.

Mass indeed.

[Sprite518]

The Lt. Col. is under the UCMJ (unifomed Code of Military Justice). It’s not the same as for a civilian. Bottom line is this. The military can do whatever they want with anyone. They are following orders from the top.

The big mistake this Lt. Col. made was to think he would actually get a fair trial. Fair does not apply to UCMJ. They do whatever they want. It’s basically a Kangaroo Court.

Being that the majority of congress along with the majority of the Supreme Court are too chicken $hit to deal with this (probably because of political correctness) nothing will be done. Heck there are some people on Free Republic that truly believe that. So it’s pretty much a dead issue. I wish it would played fairly, but that is never going to happen. I know the saying, “Never say Never”, but I believe in this instance (well as long as Obama is in office) it will never happen. Perhaps down the road the truth will come out?