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'Was Lt. Col. Lakin issued lawful orders?'
Posted By Bob Unruh On 10/19/2010 @ 10:04 pm In Front Page | Comments Disabled
Lt. Col. Terrence Lakin
A new trial date has been announced by the military for Lt. Col. Terrence Lakin, the career Army doctor who decided to refuse an assignment to Afghanistan because of his concern that the orders he was issued in a chain of command headed by Barack Obama were not legal.
According to attorney Neal Puckett, who has represented Lakin only since a military judge ordered Lakin could not have access to any information about President Obama’s eligibility, the trial is scheduled to begin Dec. 14 and run for three days.
He confirmed to WND that there will be new directions for the defense, but could not elaborate.
“All I can really say is the case is going to be handled differently from here on out,” he said.
He said “all possible courses of action” will be reviewed within the military justice system.
Puckett said his client is in good spirits and preparing for Dec. 14.
Puckett confirmed that the judge in the case, Denise Lind, “rendered the proper legal ruling” regarding access to Obama’s birth and eligibility evidence.
“She was right on the facts and right on the law,” he told WND.
He hinted about his plan of defense.
“All those issues concerning the president’s eligibility to hold office are completely irrelevant as to whether Lt. Col. Lakin was issued lawful orders and whether he obeyed them,” he said.
Officials with the United States Patriots Union earlier told WND the officer’s arguments needed to go beyond the quest for the president’s original birth certificate because that would reveal only some of the evidence needed.
The group, which says it linked Lakin up with Puckett, contends the unveiling of the president’s birth certificate would prove one of two things: he was a dual citizen or there has been “the greatest fraud ever perpetrated on the American people.”
“A birth certificate would only prove one of two things – 1) Barack Hussein Obama (Sr) is his bloodline birth father and Barack Jr. was thereby a ‘dual citizen’ rather than natural born citizen at birth. In this case, Obama fails constitutional requirements,” a statement prepared by the organization said.
Or, in the second case, “Barack Hussein Obama (Sr) is NOT his stated birth father on the birth records, in which case Obama has committed the greatest fraud ever perpetrated on the American people.”
“A birth certificate cannot solve Barack Hussein Obama’s problem, unless and until an unconstitutional precedent can be set in court that ‘natural-born’ – ‘native-born’ and ‘naturalized’ are all one in the same. We know that they are not the same things, and why the Founders limited eligibility for the office of president to only ‘natural-born’ citizens. Anything less creates a very real national security crisis,” the organization has explained.
Spokesman J.B. Williams said the union and Maj. Gen. Paul Vallely helped introduce Lakin to Puckett.
He reported the union also is putting together an “A Team” of expert legal counselors to support Puckett and Lakin.
“We can wait no longer for a traditional change of power and new government,” he warned during an earlier interview. “We now must call for the immediate resignation of Barry Soetoro (aka President Barack Hussein Obama) … based on incompetence, deceit, fraud, corruption, dishonesty and violation of the U.S. oath of office and the Constitution.”
Lakin’s strategy in earlier court appearances was to seek verification of the legality of his orders under Obama. But Lind, who is acting judge in the case, has ruled he cannot access Obama’s records nor can he question those who have custody of Obama’s records. She even ruled he could not explain that he believes the orders are illegal.
It is possible that Lakin’s case ultimately could end up before the Supreme Court, which may have difficulty ruling that he has no “standing” in the dispute. Virtually every other judge to date has concluded plaintiffs challenging Obama’s eligibility lacked standing. But Lakin’s case might be different because the threat of jail time he would face.
Others serving on the Veterans Council of the Patriots Union include Ret. Brig. Gen. Jim Cash, Ret. Col. Harry Riley, Ret. Capt. Michael Trudell, Ret. Lt. Col. Harry Soloman, Reet. Lt. Col. Carmen Reynolds, Ret. Lt. Col. Debra A. Gunnoe and Ret. Lt. Col Greg Hollister.
The organization explains Lakin’s case this way:
“LTC Lakin did not refuse movement on behalf of himself or his family. He has deployed to forward combat positions with honor and distinction numerous times over his decorated 18-year military career as a flight surgeon, and has publicly offered to deploy again if and when his concerns over the legality of the current chain of command can be remedied.”
The organization said Lakin refused deployment “on behalf of his officers oath, the U.S. Constitution, his fellow soldiers and every American citizen also convinced that an ineligible commander-in-chief cannot issue legitimate orders.”
The organization said the officer still faces a “corrupted” military justice system as well as “monstrous pressure” from the chain of command under Obama.
“Pressure from ‘we the people’ to find the truth must be greater than the pressure from the system to conceal the truth, or all that LTC Lakin has sacrificed will be for nothing,” the organization’s position paper said.
Among the positions the organization takes is that without a legitimate chain of command up to the president, there are problems with any orders or procedures.
“The authority to convene a court-martial itself is without legal authority when the chain of command is broken at the top,” the union position paper said. “This is true for any soldier who has been court-martialed under Barack Hussein Obama, or ordered to deploy by Barack Hussein Obama, until all reasonable doubt concerning Obama’s eligibility can be removed by way of fact and evidence.
“This entire matter amounts to a national security crisis beyond monumental proportions, which is why everyone up the chain of command to the White House hopes to keep this case from ever reaching an honest unfettered discovery phase,” the group said.
The American Patriot Foundation, which has been running the Safeguard our Constitution website and working in support of Lakin, meanwhile, has confirmed the public still will be able to use the channel to support Lakin.
There have been dozens of lawsuits and challenges over the fact that Obama’s eligibility never has been documented. The “Certification of Live Birth” his campaign posted online is a document that Hawaii has made available to those not born in the state.
Lakin has been charged by the Army with missing a movement, disobeying a lawful order and dereliction of duty.
Lakin is a physician and in his 18th year of service in the Army. He posted a video asking for the court-martial to determine Obama’s eligibility.
He is board certified in family medicine and occupational and environmental medicine. He has been recognized for his outstanding service as a flight surgeon for year-long tours in Honduras, Bosnia and Afghanistan. He was also awarded the Bronze Star for his service in Afghanistan and recognized in 2005 as one of the Army Medical Department’s outstanding flight surgeons.
The controversy stems from the Constitution, Article 2, Section 1, which states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”
A number of challenges and lawsuits have been based on the constitutional requirement, some alleging Obama does not qualify because he was not born in Hawaii in 1961 as he claims. Others say he fails to qualify because he was a dual citizen of the U.S. and the United Kingdom when he was born, and the framers of the Constitution specifically excluded dual citizens from eligibility.
Complicating the issue is the fact that besides Obama’s actual birth documentation, he has kept from the public documentation including his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, Illinois State Bar Association records, baptism records and his adoption records.
Lakin posted a YouTube video challenging the Army to charge him over the issue.
In a later video, Lakin said the issue of evidence is important:
Note: A legal-defense fund has been set up for Lt. Col. Terry Lakin.
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