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Why LTC is SOL

LTC Terrance Lakin refused to deploy with his unit to Afghanistan. He explained that his actions resulted from his doubts about the place of President Obama’s birth. His defense claims that what Lakin did was simply his duty: to make sure his orders were legal. Lakin has had competent military counsel who no doubt have told him otherwise. This is from the United States Court of Appeals for the Armed Forces in the case of United States v New:

In Huet-Vaughn, we reaffirmed the idea that personal belief that an order is unlawful cannot be a defense to a disobedience charge, holding: “The duty to disobey an unlawful order applies only to a positive act that constitutes a crime that is so manifestly beyond the legal power or discretion of the commander as to admit of no rational doubt of their unlawfulness.”

This is the precedent cited by Judge Link in the Lakin case when denying LTC Lakin’s fishing expedition defense.

H/t to Phil Cave.

68 Responses to Why LTC is SOL

  1. avatar
    Phil Cave September 4, 2010 at 10:10 am #

    The reference to Huet-Vaughn goes to the heart of the defense itself. As best I can tell most of LTC Lakin’s personal statements are couched in a “belief,” rather than certain knowledge that the orders required him to commit a crime or were otherwise “palpably illegal.” So even if he had the ability to use the defense his own statements are harmful to his position. IMHO. If the best he can say is that he “believed” the orders to be illegal then he must lose.
    Here are some other thoughts about the defense tactics in this case, or at least about a couple of things.
    The U.S. Supreme Court denied a writ of certiorari in New. See New v. United States, 534 U.S. 955 (2001). This by itself means nothing. The Supremes have on more than one occasion stressed that denial of a writ does not mean the court agrees or disagrees or has ruled on the legal issues raised in a petition.
    But, there is a legitimate argument to be made that CAAF got it wrong in New when CAAF decided that it was the MJ who decides the lawfulness and that it’s not an element of the offense. Compare the majority opinion with that of then Judge Sullivan.
    So Lakin would have been a decent case in which to litigate the issue again. Now it’s true that based on New the MJ would have denied any motion, but at least put the matter in issue. I can’t find any reference to the defense challenging the rightness of New.
    Also, Dwight and I have a fundamental disagreement with the military on the deposition issue. We believe there’s a good argument to be made that RCM 702 on depositions is an unlawful restriction on the Article 49, UCMJ, right to depositions. I’ve litigated (and lost) this issue in two cases. So it’s still an open issue. Basically our argument is that the defense can issue a subpoena under Article 49, UCMJ, in the same way as the prosecution. The problem is when the people refuse to comply you can’t get the court to enforce the subpoena because the MJ relies on RCM 702 restrictions. This wasn’t raised by the defense either.
    I understand that the central issue to LTC Lakin here is eligibility. But it’s never a bad idea to raise other legitimate issues as well. We’ve all had the experience of getting relief later on appeal on an issue we didn’t think we’d win.
    Based on the law as it stands the MJ did cut LTC Lakin off at the knees IMHO, but there were some fights he didn’t engage in which he could of, IMHO.
    He’s not going to win on appeal.
    1. He won’t be granted a writ by the Army Court of Criminal Appeals if he filed one now (a form of interlocutory appeal). The court would likely deny such a writ because it would not stop the trial completely if granted and because the “issues can be resolved in the normal course of appeal in the event of conviction and an appropriate sentence,” or words to that effect.
    2. If convicted and he appeals he is unlikely to win at ACCA.
    3. If he petitions the Court of Appeals for the Armed Forces (CAAF) they could quite possibly deny a petition.
    4. IF, I say IF, CAAF denies a petition then LTC Lakin is cut-off from direct appeal to the U.S. Supreme Court under Article 67a. (http://goo.gl/nHdr)
    5. After that he’s in the federal civilian courts, and we know how they have dealt with these issues, assuming he could even come up with a decent argument by then.
    Oh and, generally an appeal from a court-martial all the way through CAAF takes between 18 months and two years.

  2. avatar
    Jules September 4, 2010 at 10:19 am #

    According to the ratio decidendi of that case, an order that can be disobeyed must be one that is a crime to be issued or followed.

    Those arguing for Lakin must do one of the following:
    1. Acknowledge that Lakin had no lawful excuse for disobeying his orders and is, therefore, guilty of an offence;
    2. Argue that United States v. New was incorrectly decided or could somehow be distinguished from Lakin’s case; or
    3. Argue that the issuing or obeying any orders in the military is a crime whenever the President’s long-form birth certificate has not been inspected by the general public.

    I would be curious to hear the legal arguments of those arguing proposition 2. It’s not an easy position to take and not one with any real prospect of success in court.

    The third posposition would lead to a conclusion that absolutely all soldiers are guilty of crimes. Numerous orders have been issued and obeyed throughout the military since Obama became President. Additionally, as no other President ever made his birth certificate available for public inspection prior to beginnging his term, it would also lead to a conclusion that every soldier who has ever served was committing a crime by obeying orders.

    As has been discussed here numerous times, the power to determine the legitimacy of a President to serve and continue serving rests with Congress. Congress is responsible for conducting the certification of the electoral college result and for impeaching a President as it sees fit. The President, who is head of the executive branch of government and commander-in-chief of the military, is to a large extent accountable to the legislative branch of government. Both the executive and legislative branches are ultimately accountable to the people through elections. Thus, the military is ultimately subordinate to the political process. This is how it should be. Military coups tend to arise in countries where the political process is ultimately accountable to the military.

  3. avatar
    Sef September 4, 2010 at 10:34 am #

    Jules:

    2. Argue that United States v. New was incorrectly decided or could somehow be distinguished from Lakin’s case; or
    3. Argue that the issuing or obeying any orders in the military is a crime whenever the President’s long-form birth certificate has not been inspected by the general public.

    With Jensen’s legal acumen & knowledge of military law there is not a snowball’s chance that he could come up with a convincing argument for either of these.

    Another question: Is Kemkes detailed “for the duration” or is he off the hook after conviction/sentencing? Would he, or some other DC, be around for filing appeals, or is that part of the process the defendant’s responsibility?

  4. avatar
    Phil Cave September 4, 2010 at 10:48 am #

    MAJ Kemkes will remain LTC Lakin’s counsel up through the post-trial “clemency” period.
    1. If Lakin is convicted, he has a right after trial to submit clemency matters to the Convening Authority. Yes, the same individual who ordered the trial be held. In those clemency matters Lakin can ask for forfeitures to be waived/suspended for a certain period and go to his family, he can ask for a reduction in sentence. The convening authority has unfettered discretion to set aside any conviction or reduced a sentence. He CANNOT increase a sentence.
    2. Once clemency matters are submitted and the CA finalizes the case, then MAJ Kemkes is effectively released from the case. See United States v. Palenius.
    3. Depending on the sentence the appeal rights are different.
    4. If sentenced to a dismissal and/or at least one year confinement he has an automatic appeal to the Army Court of Criminal Appeals (ACCA). That court can act as a second jury and set aside the conviction or reduce a sentence if considered inappropriately severe. See Article 66, UCMJ (http://goo.gl/Th2N).
    5. A new military lawyer is appointed for an appeal. Jensen can remain.
    6. If no dismissal and no confinement in excess of one year then there is a sort of review under Article 69(a), UCMJ. (http://goo.gl/QCe6). No military lawyer is appointed usually, although sometimes the trial defense attorney will help. Jensen can assist on the 69(a) review.
    Having had a lot of military appellate experience over the years IMHO he’s not tracking for relief on appeal yet.

  5. avatar
    Dr. Conspiracy September 4, 2010 at 11:28 am #

    Jules: It’s not an easy position to take and not one with any real prospect of success in court.

    Just keep in mind that the best minds in the birther legal community are working on it.

  6. avatar
    Dr. Conspiracy September 4, 2010 at 11:38 am #

    Phil Cave: As best I can tell most of LTC Lakin’s personal statements are couched in a “belief,” rather than certain knowledge that the orders required him to commit a crime or were otherwise “palpably illegal.”

    I think I would characterize them as a “lack of belief”. Lakin is not claiming that he believes President Obama is ineligible, only that he has doubts that President Obama is eligible and that his orders are legal.

  7. avatar
    Sef September 4, 2010 at 11:43 am #

    Thanks, Phil, for the insight.

  8. avatar
    Dr. Conspiracy September 4, 2010 at 11:46 am #

    Another bit from New (P. 23) as to who decides whether the order is lawful or not:

    The word “lawful” simply reinforces the opportunity for the accused to challenge the validity of the regulation or order with respect to a superior source of law without establishing a separate and distinct element of the offense. In light of the legislative history of the Code and the Manual, we conclude that “lawfulness” is a legal question for the judge. It is entirely different from many other matters which must be submitted to the court members…

  9. avatar
    Scientist September 4, 2010 at 11:54 am #

    Dr. Conspiracy: I think I would characterize them as a “lack of belief”. Lakin is not claiming that he believes President Obama is ineligible, only that he has doubts that President Obama is eligible and that his orders are legal.

    Yes, this is really the most amazing facet of this case. Under this theory I can say I think my next-door neighbor might be an agent of the Borg and therefore I can go through all of his medical records just to quell my suspicions.

    Even in the extremely unlikely event that a court were willing to accept that the President’s eligibility were at all relevant, wouldn’t Lakin still have to establish a reasonable presumption of ineligibility before he could get a court to order discovery?

  10. avatar
    Phil Cave September 4, 2010 at 12:04 pm #

    Dr. Conspiracy: I think I would characterize them as a “lack of belief”. Lakin is not claiming that he believes President Obama is ineligible, only that he has doubts that President Obama is eligible and that his orders are legal.

    I can’t argue with that

  11. avatar
    Sef September 4, 2010 at 12:05 pm #

    Scientist: Even in the extremely unlikely event that a court were willing to accept that the President’s eligibility were at all relevant, wouldn’t Lakin still have to establish a reasonable presumption of ineligibility before he could get a court to order discovery?

    Very good point! From what I have seen Lakin is assuming the “prove you are innocent” posture. I have not seen that Jensen has brought forward any evidence to show that Obama is not a NBC.

  12. avatar
    Phil Cave September 4, 2010 at 12:07 pm #

    He cited as “fact” that 40% of the people (not people surveyed and who bothered to respond) did not believe, therefore LTC Lakin was entitled to discovery.

  13. avatar
    Scientist September 4, 2010 at 12:14 pm #

    Sef: I have not seen that Jensen has brought forward any evidence to show that Obama is not a NBC

    “Discovery” is a crock. I mean if my car is sitting on the street and I come back and find it dented, I can’t just say, I “believe” Sef did it, so I want all hiscell phone records so I can determine if you were in the area. That’s absurd. The onus is on me to find some credible eveidence that Sef did it first.

  14. avatar
    Sean September 4, 2010 at 12:54 pm #

    Sef:
    Very good point! From what I have seen Lakin is assuming the “prove you are innocent” posture.I have not seen that Jensen has brought forward any evidence to show that Obama is not a NBC.

    What has been made public is still pretty solid: The State of Hawaii and the damn STATE DEPT both say he was born in Hawaii! In the eyes of the Court, does anyone need to go further than that?

  15. avatar
    Sef September 4, 2010 at 1:03 pm #

    Sean:
    What has been made public is still pretty solid: The State of Hawaii and the damn STATE DEPT both say he was born in Hawaii!In the eyes of the Court, does anyone need to go further than that?

    All of which Jensen would have to impeach if he tried to prove lack of NBC. A VERY tall order.

  16. avatar
    Dave September 4, 2010 at 2:20 pm #

    Phil Cave: He cited as “fact” that 40% of the people (not people surveyed and who bothered to respond) did not believe, therefore LTC Lakin was entitled to discovery.

    20% of Americans believe the Sun revolves around the Earth — maybe he can get some discovery on this too?

  17. avatar
    Sef September 4, 2010 at 2:23 pm #

    Dave:
    20% of Americans believe the Sun revolves around the Earth — maybe he can get some discovery on this too?

    Not to mention those who believe in the 4004 BC nonsense.

  18. avatar
    Majority Will September 4, 2010 at 3:10 pm #

    Sef:
    Not to mention those who believe in the 4004 BC nonsense.

    Silly semordnilap.

  19. avatar
    nbc September 4, 2010 at 3:19 pm #

    Slightly off topic

    Executive Order 13552 is titled 2010 Amendments to the Manual for Courts-Martial, United States and implements changes to the UCMJ. This has generated some interest because of the ‘missing annex’ which of course can be found at various places, including the Federal Registry… It implements recommended amendments to the UCMJ…

    Read more here

    Another myth that started to do its rounds amongst eligibility deniers has been laid to rest… Or has it… Ignorance is a powerful motivator, when it fuels hate and fear

  20. avatar
    Gregory September 4, 2010 at 3:27 pm #

    Dr. Conspiracy:
    I think I would characterize them as a “lack of belief”. Lakin is not claiming that he believes President Obama is ineligible, only that he has doubts that President Obama is eligible and that his orders are legal.

    Furthermore, Lakin sees his own court-martial as an appropriate means to resolve these doubts (through the power of discovery). Of course, it is hard to imagine a more egregious misuse of the criminal justice system – and even more astounding that Lakin was able to find a lawyer who apparently fully endorses (and actively promotes – along with his client) this line of reasoning.

    Note, moreover, that Lakin is not “inviting” his own court-martial merely to satisfy his own, personal doubts about Obama’s eligibilty – rather Lakin has embarked on this reckless path in order to resolve this (so-called) issue for the “American people.” So all of this is really for our benefit. Therefore we would be pretty ungrateful indeed, if we failed to contribute as generously as we can toward Lakin’s top-notch defense team.

    I sometimes have to remind myself that no, I am not making all of this up.

  21. avatar
    Sef September 4, 2010 at 3:30 pm #

    Majority Will:
    Silly semordnilap.

    Douglas neglected to tell us that in addition to Slartibartfast’s signature in the glacier, there was the 4004 BC date.

  22. avatar
    Gregory September 4, 2010 at 3:35 pm #

    Phil Cave: He cited as “fact” that 40% of the people (not people surveyed and who bothered to respond) did not believe, therefore LTC Lakin was entitled to discovery.

    Too bad for Lakin. He’s not entitled to discovery until 50% + 1 of Americans believe that Obama was not born in the U.S…. 🙂

  23. avatar
    Sef September 4, 2010 at 3:40 pm #

    Gregory:
    Too bad for Lakin. He’s not entitled to discovery until 50% + 1 of Americans believe that Obama was not born in the U.S….

    All he has to do is convince some competent court to subpoena the records from HI DOH. He needs a reason, of course. Nobody has found one yet.

  24. avatar
    Phil Cave September 4, 2010 at 3:41 pm #

    Hah, until . . . freezes over.
    The military likes hyperbole at times so it is not uncommon to see a person’s OER/FitRep state that they give 110% to the mission, etc.
    For all his bloviating LTC Lakin and friend Jenson can get the hyperbolic 110% but it won’t get them discovery.

  25. avatar
    Gregory September 4, 2010 at 3:46 pm #

    Dr. Conspiracy:
    Just keep in mind that the best minds in the birther legal community are working on it.

    If I were Lakin, I would find that fact the most troubling aspect of this case…

  26. avatar
    Sean September 4, 2010 at 9:00 pm #

    Let’s say he gets discovery. The original gets brought out of the vault, and…….whattayaknow! Barack Obama was born in Hawaii!

    Now what? Does he do his best Rosanne Rasana Danna and say “NEVER MIND!”?

    What would this accomplish?

  27. avatar
    Steve September 4, 2010 at 9:29 pm #

    Sean: Let’s say he gets discovery. The original gets brought out of the vault, and…….whattayaknow! Barack Obama was born in Hawaii!Now what? Does he do his best Rosanne Rasana Danna and say “NEVER MIND!”?What would this accomplish?

    I think you mean Emily Latelle.

  28. avatar
    Majority Will September 4, 2010 at 9:47 pm #

    Steve: I think you mean Emily Latelle.

    I think you mean Emily Litella.

    http://en.wikipedia.org/wiki/Emily_Litella

    I miss the genius of Gilda Radner.

  29. avatar
    AnotherBird September 4, 2010 at 10:18 pm #

    Sean: Let’s say he gets discovery. The original gets brought out of the vault, and…….whattayaknow! Barack Obama was born in Hawaii!

    Now what? Does he do his best Rosanne Rasana Danna and say “NEVER MIND!”?

    What would this accomplish?

    Humiliation for Lakin. The kind that everyone tells you why you are wrong, and then you find out that they gave you more information on why you were wrong than was need.

  30. avatar
    Gregory September 4, 2010 at 10:40 pm #

    Sean: Let’s say he gets discovery. The original gets brought out of the vault, and…….whattayaknow! Barack Obama was born in Hawaii!Now what?

    If that were to happen then I think it’s pretty clear that Lakin would issue a sheepish apology, would announce that he was “willing to put all of this behind him” and would expect to be deployed to Afghanistan forthwith.

    Of course, we would at that point all owe Lakin a really big “thank you” for erasing the crushing doubt about Obama’s eligibility – a doubt that prevents me – like most Americans – from being able to conduct day-to-day life with any semblance of normalcy.

  31. avatar
    Arthur September 4, 2010 at 11:43 pm #

    Gregory:
    If that were to happen then I think it’s pretty clear that Lakin would issue a sheepish apology, would announce that he was “willing to put all of this behind him” and would expect to be deployed to Afghanistan forthwith.

    I disagree. Given the the way birthers have responded to objective evidence, I believe that LTC Lakin, along with his ruinous attorney, would claim that the birth record was a forgery. The fact that Lakin willfully disregarded common sense, basic principles of military law, and the good advice of fellow officers, demonstrates that he’s perfectly willing to substitute conspiratorial daydreams for reason.

  32. avatar
    Rickey September 4, 2010 at 11:54 pm #

    What I have never been able to figure out is what Lakin believes would be a favorable end game for him. For the sake of argument, let’s imagine the unimaginable and Lakin is acquitted. What next?

    It would not seem that an acquittal would have any impact on President Obama. A military court has no jurisdiction over the President and no authority to make a binding ruling regarding his eligibility. So if Lakin walks, Obama is still the President. And Lakin is still in the Army.

    What would the Army do with him? Would he get a new set of orders to Afghanistan? If so, would Lakin refuse to comply with them? What then? Would he be court-martialed again? Would he accept orders to Hawaii? To anywhere?

    The thing that Lakin apparently does not appreciate is that he is a pawn in Jensen’s end game, which is not necessarily the same as Lakin’s end game. Jensen’s end game is discovery about Obama, which he hopes would give him evidence to pursue other litigation, or at least evidence which would be politically damaging to the President. And an acquittal without discovery into Obama’s records does nothing for Jensen and the American Patriot Foundation. If, as it appears, there is not going to be any discovery, Lakin’s only value is in raising funds for the foundation.

  33. avatar
    ellid September 5, 2010 at 12:18 am #

    Majority Will:
    I think you mean Emily Litella.http://en.wikipedia.org/wiki/Emily_LitellaI miss the genius of Gilda Radner.

    “I really don’t understand the fuss about violins on TV. Classical music is so nice, and – ”

    “Emily?”

    “What?”

    “They’re not talking about violins on TV. They’re talking about violence on TV.”

    “Oh.

    “Never mind.”

  34. avatar
    Gregory September 5, 2010 at 12:59 am #

    Arthur:
    I disagree. Given the the way birthers have responded to objective evidence, I believe that LTC Lakin, along with his ruinous attorney, would claim that the birth record was a forgery.

    Yes, your scenario is without a doubt what would happen if Lakin ever found the Holy Grail of Birthstianity: Obama’s Long Form Birth Certificate and – much to his consternation – the document confirmed Obama’s Hawaiian birth. He would pronounce it a forgery.
    After all, that’s the beauty of conspiracy theories – unlike scientific theories – in which contrary evidence discredits the theory – with a conspiracy theory – contrary evidence is taken simply as added proof of the conspiracy’s breadth and effectiveness.

    So even though your scenario paints a far more realistic outcome than mine, I still think that mine was funnier. :-).

  35. avatar
    Majority Will September 5, 2010 at 10:26 am #

    ellid:
    “I really don’t understand the fuss about violins on TV.Classical music is so nice, and – ”“Emily?”“What?”“They’re not talking about violins on TV.They’re talking about violence on TV.”“Oh.“Never mind.”

    Priceless. She had the best bit of a little girl playing in her room alone. Incredible talent.

  36. avatar
    Steve September 5, 2010 at 11:11 am #

    Majority Will: Priceless. She had the best bit of a little girl playing in her room alone. Incredible talent.

    What’s this I hear about endangered feces?

  37. avatar
    Majority Will September 5, 2010 at 11:58 am #

    Steve:
    What’s this I hear about endangered feces?

    Much a do about nothing.

  38. avatar
    Rickey September 5, 2010 at 12:36 pm #

    ellid:
    “I really don’t understand the fuss about violins on TV.Classical music is so nice, and – ”“Emily?”“What?”“They’re not talking about violins on TV.They’re talking about violence on TV.”“Oh.“Never mind.”

    This always was my favorite:

    “What’s all this FUSS I hear about saving Soviet jewelry? Now, what makes Soviet jewelry so special? Will it be worth more in a few years? Why… prices what they are today… ALL jewelry will be worth more! now, if I recall correctly, Mrs. Khruschev didn’t wear very much jewelry… and her husband, the Premier, didn’t even wear a watch! Not the Mickey Mouse watch, anyway. Why, they wouldn’t even let him into Disneyland! And now he’s DEAD!! Well, I’m infuriated! Save Soviet jewelry?! Where are we going to put it? I say keep it over THERE, with all their ballet dancers! Let them keep their own jewelry AND their own ballet dancers! As a matter of fact, why don’t they get the ballet dancers to save the jewelry?! Americans have more important things to save! And electricity! And what about our fuel? Now, THAT’S important! Not jewelry! “

  39. avatar
    Majority Will September 5, 2010 at 12:51 pm #

    Rickey:
    This always was my favorite:“What’s all this FUSS I hear about saving Soviet jewelry? Now, what makes Soviet jewelry so special? Will it be worth more in a few years? Why… prices what they are today… ALL jewelry will be worth more! now, if I recall correctly, Mrs. Khruschev didn’t wear very much jewelry… and her husband, the Premier, didn’t even wear a watch! Not the Mickey Mouse watch, anyway. Why, they wouldn’t even let him into Disneyland! And now he’s DEAD!! Well, I’m infuriated! Save Soviet jewelry?! Where are we going to put it? I say keep it over THERE, with all their ballet dancers! Let them keep their own jewelry AND their own ballet dancers! As a matter of fact, why don’t they get the ballet dancers to save the jewelry?! Americans have more important things to save! And electricity! And what about our fuel? Now, THAT’S important! Not jewelry! ”

    LMAO ! ! Good times. Good times.

  40. avatar
    FUTTHESHUCKUP September 5, 2010 at 12:54 pm #

    Sean: Let’s say he gets discovery. The original gets brought out of the vault, and…….whattayaknow! Barack Obama was born in Hawaii!Now what?Does he do his best Rosanne Rasana Danna and say “NEVER MIND!”?What would this accomplish?

    No. What they will do is claim that he doesn’t meet THEIR definition of “natural born” since his father was not an American citizen. They will likely act like this is some great revelation even though the president has never denied this as well as the fact that this information has been in the public domain for at least 15 years

  41. avatar
    J. Edward Tremlett September 5, 2010 at 12:55 pm #

    Save Soviet Jewelry – Collect Valuable Prizes : )

    In all seriousness, thank you for keeping us informed on this matter, Phil. Your information and insight have been invaluable.

  42. avatar
    Northland10 September 5, 2010 at 1:31 pm #

    No. What they will do is claim that he doesn’t meet THEIR definition of “natural born” since his father was not an American citizen. They will likely act like this is some great revelation even though the president has never denied this as well as the fac that this information has been in the public domain for at least 15 years

    I was driving down the Tri-State Tollway and these goalposts blew by me doing about 90. I assume it had something do do with the birthers since the only other moving goalposts around here were the ones that Northwestern used to throw in the lake after extending their losing streak.

  43. avatar
    HORUS September 5, 2010 at 1:36 pm #

    Sean: What has been made public is still pretty solid: The State of Hawaii and the damn STATE DEPT both say he was born in Hawaii! In the eyes of the Court, does anyone need to go further than that?

    No, he need not go any further, in fact the court would be required to accept Obama’s COLB as Valid Proof of his US Birth, no matter how many Birfers don’t believe it is valid.

  44. avatar
    Steve September 6, 2010 at 1:46 am #

    Terry is finally getting the help he needs:

    http://www.youtube.com/watch?v=7L8cdR6H2sY&feature=player_embedded

  45. avatar
    Keith September 6, 2010 at 6:07 pm #

    Rickey: This always was my favorite:

    “What’s all this FUSS I hear about saving Soviet jewelry?

    Mine was:

    What’s all this I hear about youth in asia? …

  46. avatar
    Black Lion September 7, 2010 at 10:51 am #

    Good wrap up article on Lakin….It is extensive but I excerpted a couple of sections below…

    “Saying twice, a court-martial is not “a vehicle to challenge political decisions,” last Thursday an Army judge ran a tank over Lakin’s Birtheristic hopes for connecting the charges against him with President Obama’s birth in Hawaii (or elsewhere, as Lakin wants to believe). Lakin’s defense had asked for Hawaiian officials to be deposed on the matter of the President’s birth certificate, which was denied by the military judge, Army Col. Denise R. Lind, who ruled, essentially, that Presidential ineligibility, even if that were the true case, is not a legal defense against the charges faced by Lakin. In addition to the birth certificate, Lakin’s defense had asked for school records which might include the birth certificate.

    What are the charges and of which of them is Lakin guilty?

    1-missing movement to Afghanistan

    2-disobeying lawful orders

    3-dereliction of duty

    We know he is guilty of all of them, because he did those things, but also because, even before the video pimped by the GOP hacks at the American Patriot Foundation, on their site Safeguard Our Constitution, he told us, Lakin told us, he would be guilty of doing these things. And American Patriot Foundation saw to it that he told the whole world. At the same time, in press releases issued by American Patriot Foundation, Lakin says: “I am not guilty of these charges, and will plead not guilty’ to them because of my conviction that our commander in chief may be ineligible under the United States Constitution to serve in that highest of all offices.”

    …….

    ….”An interesting thread on the military justice blog, CAAFLog, about the poor quality of Lakin’s civilian legal representation, has a comment from former JAG defense attorney, Charles Gittins:

    I told LtCol Lakin that he was being badly advised when he called me to join his legal team. I gave him my (very) candid advice. I told him to seek opinions from other military justice experts if he was not willing to accept my advice. He is where he is for a reason. I am very sad for him. He has been deluded by a very incompetent attorney, who has done a disservice [to] our profession and military justice.

    It appears Lakin shopped this around, then, and he still ended up with a “legal team” of Paul Rolf Jensen, who, with Margaret Hemenway, runs the American Patriot Foundation; and a military lawyer, whose advice Lakin is apparently not following, supplied by the Army. So what do they need a half-million dollars for exactly and why should donations to this legal fund be tax-deductible? It’s at least a curious situation and one I hope somebody more expert in this sort of thing addresses at some point.”

    http://ohforgoodnesssake.com/?p=12078

  47. avatar
    Majority Will September 7, 2010 at 11:15 am #

    Black Lion: So what do they need a half-million dollars for exactly

    “So what do they need a half-million dollars for exactly . . .”

    Jensen’s malpractice insurance, his own attorney and retirement.

  48. avatar
    Rickey September 7, 2010 at 11:59 am #

    Black Lion: Good wrap up article on Lakin

    Well worth reading, particularly the background on American Patriot Foundation. Jensen is the CEO and general counsel for APF. So when APF decided to hire a civilian lawyer to represent Lakin, who did it select? Why, Jensen of course!

    Lakin must be a lot dumber than we have assumed if he can’t see that he is being used by these people to enrich themselves. I hope that the IRS is going to be taking a look at APF’S books.

  49. avatar
    Ellid September 7, 2010 at 12:12 pm #

    Majority Will:
    Priceless. She had the best bit of a little girl playing in her room alone. Incredible talent.

    I still remember the one where she and Laraine Newman were playing teenagers besotted with Jeffrey Hunter’s dreamy blue eyes when he played Jesus in King of Kings. Priceless.

  50. avatar
    Black Lion September 7, 2010 at 12:27 pm #

    Interesting take by the Post and Fail on Beck’s march neglecting Lakin….

    “Something was missing at the Glenn Beck “Restoring Honor” rally at the Lincoln Memorial on 28 August, 2010. What was it?

    The honoring of Lt. Col. Terry Lakin, who is pledging his life and his sacred honor to restore the honor of our God-ordained Constitution.

    …..

    Not one of these “Restoring Honor” leaders was willing to honor the patriotic efforts of Lt. Col Terry Lakin, who has honored his oath to the Constitution – to not obey any illegal orders by a known-by-all to be an illegal Commander-in-Chief – until he (Obama) either proves his eligibility, or removes himself from the chain of command from which emanates any and all orders to our honorable military. (NOTE: Since Lt. Col. Lakin is the defendant in this case, not the plaintiff as in all previous questions of eligibility, it is up to the “prosecution” to prove that the orders he is accused of disobeying are in fact “lawful” [i.e., from a lawful Commander in Chief]). If the “prosecution” (the CINC) cannot prove beyond a reasonable doubt that Obama is the legal and lawful CINC, then Lt. Col. Lakin must be found Not Guilty’, and the illegal CINC must be removed.

    ……

    On Tuesday, September 7, they will begin at 11:30 a.m. at the Walter Reed Army Medical Center to rally in support of Lt. Col. Terry Lakin, who is doing so much work to restore honor to our Constitution.”

    http://www.thepostemail.com/2010/09/06/something-was-missing-at-the-restoring-honor-rally-last-weekend/

  51. avatar
    Daniel September 7, 2010 at 12:54 pm #

    Black Lion: On Tuesday, September 7, they will begin at 11:30 a.m. at the Walter Reed Army Medical Center to rally in support of Lt. Col. Terry Lakin, who is doing so much work to restore honor to our Constitution.”http://www.thepostemail.com/2010/09/06/something-was-missing-at-the-restoring-honor-rally-last-weekend/

    I’d bet dollars to donuts that rally will be a huge success, like most birther rallys, with supporters numbering in the dozen.

  52. avatar
    Majority Will September 7, 2010 at 2:16 pm #

    Ellid:
    I still remember the one where she and Laraine Newman were playing teenagers besotted with Jeffrey Hunter’s dreamy blue eyes when he played Jesus in King of Kings.Priceless.

    Vague memory of that one. I do remember the slumber party with Madeline Kahn:
    http://snltranscripts.jt.org/75/75sslumber.phtml

  53. avatar
    Majority Will September 7, 2010 at 4:01 pm #

    Interesting comments on tpmmuckraker.talkingpointsmemo.com’s article on Lakin from 9/3/10:

    FTA:
    If Lakin is found guilty, he could be dishonorably discharged, be confined for up to two years, and be forced to forfeit his pay, which totals $7,959 a month, according to CNN.”

    Comment (partial) from mkeyes:
    “Just for clarification, LTC Lakin will not be dishonorably discharged, as an officer he could be dismissed. While dismissal carries the same amount of shame as a dishonorable discharge, it is different.”

    Comment from drsteevo:
    “There is a mistake in this article, his pay is a lot more than $7,959 a month. Assuming he has 10 years service, he is a Lt. Col. and his base pay alone is at least $7132 a month. He would also get basic allowances totalling a few hundred dollars a month. As an Air Force physician he also get the following bonuses: Variable Special Pay at $916.66 a month, Board Certified pay is $291.66 a month, and Incentive Special Pay is 20,000 a year for Family Practice.

    This puts his monthly pay as 10,207 a month, plus me would make a little more if he signed up for a multi-year retention bonus. He would also have his house paid for, either on base or he would receive an allowance to live off base. Plus, he doesn’t pay a cent for healthcare, dental care, vision and glasses, or life insurance.

    As a conservative estimate he has a total gross income of around 14,000 a month before taxes.

    references for this estimate: http://www.dfas.mil/militarypay/militarypaytables/2010WebPayTable34.pdf
    plus my 4 years experience as an Air Force physician”

    http://tpmmuckraker.talkingpointsmemo.com/2010/09/judge_birther_docs_are_irrelevant_to_army_doctors.php

  54. avatar
    Black Lion September 7, 2010 at 4:41 pm #

    More on Lakin from CAAFlog…They review his so called interview….

    “LTC Lakin pronounces himself “a very quiet guy” and “a team player.” Mr. Farber’s wife and co-host then gushed on and on about LTC Lakin being a strong silent type who is principled and honorable and needs to be supported.

    Mr. Jensen faults his critics by asking if his client should just bend over and grab his ankles. Keep it classy, Mr. Jensen.

    Mr. Jensen said they fully expected Judge Lind’s ruling. He said they would seek a writ from ACCA.

    Mr. Jensen pronounced himself not surprised “but deeply saddened” that Judge Lind declined to produce documents due to potential embarrassment to the President. Mr. Jensen discusses the ruling as seeking to present a personal embarrassment to the President rather than interpreting “embarrassment” as a political question doctrine term.

    Mr. Jensen discusses servicemembers’ duty to disobey illegal orders. Still unclear to me is why an order to drive from Walter Reed to Arlington, to fly to Charlotte, North Carolina, or to report to Fort Campbell might be illegal.

    Mr. Jensen said, “We hope for an acquittal.” First, they’ll seek a writ from the appellate courts to order discovery. He indicated that seeking the writ “may delay things.”

    Mr. Jensen also said that if President Obama released his birth certificate, “this case would be over.” Mr. Jensen also said that if it were demonstrated that President Obama was born in Hawaii, LTC Lakin would be satisfied — a point over which Mr. Jensen has vascillated. He had previously suggested that there might be other challenges to President Obama’s constitutional eligibility and he is seeking discovery of a host of records from later in President Obama’s life–records that are clearly irrelevant even under his own standards if proof to LTC Lakin’s satisfaction of President Obama’s birth in Hawaii would, as Mr. Jensen stated, be sufficient to satisfy the defense.

    Mr. Jensen also discussed what he characterized as the lead prosecutor physically threatening LTC Lakin a vile way. Mr. Jensen indicates that in the past week, he learned that the prosecutor was denied promotion and removed from the case.

    Mr. Farber asks Mr. Jensen which actor should play LTC Lakin if a movie is made about the case. Mr. Jensen replies, “Tom Cruise.”

    Mr. Jensen says the specter of unlawful command influence is always present and is poisonous and one can only hope and pray that it isn’t happening.”

    http://www.caaflog.com/2010/09/06/ltc-lakinpaul-rolf-jensen-interview-now-available/

  55. avatar
    Black Lion September 8, 2010 at 11:37 am #

    You know Lakin is in trouble when he is getting advice from good old Bob Campbell and his traitorous AGJ….Regarding the ruling….

    http://americangrandjury.org/did-army-col-denise-r-lind-just-say-the-chain-of-command-stops-at-the-pentagon

    “This is incredible. It must be new case law that nobody, and I mean nobody has ever heard before. Since when does the Chain-of-Command EVER stop at the Pentagon?
    The Pentagon is the organizational head of the Military, but the people who run the Pentagon take their orders from our duly elected “civilian” President. The Pentagon has no authority to act without this civilian leadership. Any General or Admiral can be fired at a moment’s notice if the President so desires.

    Now, that being said, this Judge made a grave error. She serves at the pleasure of the President also. By stating Lt. Col. Lakin is barred from defending himself because of a Chain-of-Command challenge, the Judge in effect barred herself from handing down a decision against Lakin based on the identical scenario that got Lakin arrested in the first place. If Lakin has no right to seek discovery then Lind has no right to prosecute him. Her authority, based of a broken Chain-of-Command, is moot.

    This case should be over. The defendant should be released and the trial closed.
    If it is not over, I have a suggestion. Lt. Col. Lakin should REFUSE to accept the decision. “

    And in the comments…

    Chris says:
    September 6, 2010 at 4:13 pm
    May be Lind is under the usurper’s order to purposedly deny Ltc Lakin’s right to discovery for his defense, thus making it neccessary to dismiss the charges against Lakin. This way the usurper is untouched and Ltc Lakin fails in his mission to force the usurper to come clean. Lind is the fall guy’ to take all the heat for now but will be rewarded later by the usurper, or not?????? This also serves to discourage any further military challenge………

  56. avatar
    Rickey September 8, 2010 at 1:30 pm #

    Black Lion: You know Lakin is in trouble when he is getting advice from good old Bob Campbell and his traitorous AGJ

    Over on CAAFLog someone pointed out thatif Col. Lind indeed has no right to prosecute Lakin, she also has no right to order discovery. The birthers don’t realize that their arguments just serve to dig a little deeper the ditch they are in.

    Also, Phil Cave has gotten a copy of Lind’s order, and of course the “embarrassment” which she spoke of has nothing to do with personally embarrassing Obama.

    http://court-martial-ucmj.com/lakin-2/should-ltc-lakin-be-embarrassed/

  57. avatar
    Black Lion September 8, 2010 at 2:14 pm #

    Also at CAAFlog…

    http://www.caaflog.com/2010/09/07/foia-request-for-judge-linds-ruling/#comments

    A poster linked to the following article by two avowed birthers…

    “We find foundational flaws in Col. Lind’s decision, which Lakin’s defense team must seize upon in orderto alter the current course of this trial.

    Lind’s authority is derived from the same place as LTC Lakin’s and all other members of the United States Military – from the supreme command of the office of Commander-in-Chief, the President of the United States.

    Lind is attempting to use her authority under her Commander-in-Chief to break the military chain of command, isolating the Commander-in-Chief of the US Military specifically, exempting the President from his position of authority in the chain of command, without which, Lind herself has no authority to convene the Courts Martial.

    Lind then reaches outside of the US Military Justice system to the Civil Court, relying upon civil court precedent to deny Lakin any access to discovery and thereby, a proper defense guaranteed him by the US Constitution and UCMJ, Uniform Code of Military Justice. Civil Court precedent has no legal standing in a UCMJ criminal proceeding. In fact, the UCMJ is based upon the Articles of War (aka War Articles) and is a “penal system” unlike the US Justice System – as explained by Col. William Winthrop in Military Law and Precedents. As a result, precedents set in courts outside of the UCMJ are without legal standing in any UCMJ proceeding.

    http://citizenwells.wordpress.com/2010/09/04/judge-lind-decision-flawed-defense-of-ltc-terrence-lakin-white-paper-citizen-wells-open-thread-september-4-2010/

  58. avatar
    FUTTHESHUCKUP September 9, 2010 at 12:46 am #

    Rickey:
    Over on CAAFLog someone pointed out thatifCol. Lind indeed has no right to prosecute Lakin, she also has no right to order discovery. The birthers don’t realize that their arguments just serve to dig a little deeper the ditch they are in./

    So then Lakin should just walk into court and tell the judge she has no right to prosecute him and then walk out. I’m sure she’ll appreciate that. lol.

  59. avatar
    sfjeff September 9, 2010 at 2:18 am #

    ” I have a suggestion. Lt. Col. Lakin should REFUSE to accept the decision”

    That really gave me a chuckle.

  60. avatar
    AnotherBird September 9, 2010 at 6:38 am #

    sfjeff: ” I have a suggestion. Lt. Col. Lakin should REFUSE to accept the decision”

    That really gave me a chuckle.

    Refusing to accept decisions isn’t new of Lakin, he even refused to accept advice not to engage in this nonsense.

  61. avatar
    Black Lion September 9, 2010 at 9:15 am #

    “President Obama is appealing to a Florida pastor to listen to the “better angels” of his nature, and call off his incendiary plan to burn Korans on 9/11.

    The commander-in-chief fears, as many others have said, that Rev. Terry Jones’ “destructive” book burning would spark outrage and fuel the fires of hatred that could target American troops.

    “If he’s listening, I just hope he understands that what he’s proposing to do is completely contrary to our values [as] Americans,” Obama told George Stephanopoulos on ABC’s “Good Morning America” on Thursday.

    …….

    Even the White House’s usual political opponents agree with Obama. Sarah Palin has called the Koran burning “antithetical to American ideals,” while Fox News pundit Glenn Beck said it was “insensitive and an unnecessary provocation.”

    http://www.nydailynews.com/news/politics/2010/09/09/2010-09-09_obama_asks_rev_terry_jones_to_call_off_international_burnakoran_day.html

  62. avatar
    Rickey September 9, 2010 at 10:18 am #

    Black Lion:
    If it is not over, I have a suggestion. Lt. Col. Lakin should REFUSE to accept the decision.

    So in the fantasies of birthers, it plays out like this:

    Colonel Lind: You have been found guilty of all charges. I sentence you serve five years in Leavenworth. Plus you are hereby dismissed from the Army and you will forfeit all pay and allowances.

    Lakin (stamping his feet): I refuse to accept your decision!

    Lakin then walks out of the courtroom a free man, where he is greeted by thousands of supporters who have gathered outside.

  63. avatar
    Rickey September 9, 2010 at 10:25 am #

    In my prior note I should have mentioned that I wasn’t quoting Black Lion. Black Lion was quoting a birther, of course.

    The complete text of Colonel Lind’s ruling is now available for viewing:

    http://www.scribd.com/doc/37116443/United-States-v-LTC-Terry-Lakin-Ruling-on-Motions-Discovery-%E2%80%93-September-2-2010

  64. avatar
    Black Lion September 9, 2010 at 10:46 am #

    Rickey: So in the fantasies of birthers, it plays out like this:Colonel Lind: You have been found guilty of all charges. I sentence you serve five years in Leavenworth. Plus you are hereby dismissed from the Army and you will forfeit all pay and allowances.Lakin (stamping his feet): I refuse to accept your decision!Lakin then walks out of the courtroom a free man, where he is greeted by thousands of supporters who have gathered outside.

    In the alternate reality that is the birther world, that would actually happen…However in the real world, the one where Barack Obama is the President, Judge Lind laughs and then orders the MP’s to escort the former LtC Lakin to Leavenworth….

  65. avatar
    Black Lion September 9, 2010 at 4:49 pm #

    More nonsense from the Post and Fail, more specifically old friend Walt Fitzpatrick….I really think that Fitzy is off his meds…The article is a rambling mess….I have excerpted some of it below….

    “Major General Carla G. Hawley-Boland and Colonel Denise R. Lind are behind a ruling in the Lakin attainder Court-martial handed down last Thursday (2 September).

    Boiled down to its essential aspect, Hawley-Boland and Lind are prepared to act on their own authority to incarcerate Lieutenant Colonel Terrence Lakin, if for no other reason, so as not to embarrass the thug, punk criminal occupying the White House.”

    ……

    “Soetoro-Obama was in residence in the White House only forty-nine days when SOBama issued “palpably” illegal orders deploying 23 U.S. Army military policemen into the small Alabama town of Samson

    Last September SOBama the infiltrator assumed the title and duties of the principal officer of a principal “organ” of the United Nations (click here).

    In discussions with Marine Sergeant Timothy Joseph Harrington, Tim pointed out that SOBama’s accepting a foreign government position under the United Nations flag perfectly demonstrates an act of TREASON.”

    …….

    Lieutenant Colonel Lakin’s Defense More Completely Constructed

    You must comprehend, as it stands, we citizens of the United States must know SOBama is a Treasonous foreign-born Domestic Enemy.

    No one can credibly claim ignorance.

    Our silence as an American people–manifested in our impotence to oust SOBama as a treasonous infiltrator–is our agreement before the international community that the United States Constitution is formally abandoned.

    In was in the environment of SOBama’s war against the Constitution described above that U.S. Army Doctor Terrence Lakin stood up and spoke out.

    Last week Convening Authority Major-General Carla G. Hawley-Bowland and military hearing officer Denise R. Lind acted together in aiding and abetting SOBama in his treasonous war on America.

    In ruling upon Colonel Lakin’s defense Lind and Bowland betrayed Doctor Lakin, they betrayed themselves, and they betrayed the Constitution.”

    http://www.thepostemail.com/2010/09/08/lt-col-lakins-defense-more-completely-constructed/

    And the comments from the asylum…

    James says:
    Wednesday, September 8, 2010 at 7:24 PM
    Judge Lind cites Presidential (Obama) authority repeatly to explain the rules and procedures that govern the Court Martial. This might be a key part as Lakin intends to appeal. But, if Lakin appeals and has allowed the court martial to move… forward, he has tainted his defense that he believes his orders are unlawful do to Obama’s ineligibility. An appeals court might take notice that Lakin allowed Presidential Authority to govern his own court martial, an authority he believed to be not valid. It would difficult for Lakin to win stating that his orders were unlawful under that same authority. Judge Lind’s decision obviously is forcing Lakin to taint his own appeal by using that very authority he is questioning to drive his court martial. Lakin cannot participate any farther into his court martial for this very reason.See More

    James says:
    Wednesday, September 8, 2010 at 4:54 PM
    I read the decision. It look like Judge Lind is misquoting or misrepresenting the Baker Vs. Carr SCOTUS decision on the the issue of Political Question. The decision states that a political Question is 6 Part Test. Lind only quotes 5 parts of the test and says that a Political Question exists if just 1 of the markers exist. This is wrong.

    Kristin says:
    Wednesday, September 8, 2010 at 3:41 PM
    I just read that Obama issued an executive order amending court martial rules. Details are incomplete at this time.

    http://www.resistnet.com/forum/topic/show?id=2600775:Topic:2574449&xgs=1&xg_source=msg_share_topic

  66. avatar
    Keith September 9, 2010 at 9:28 pm #

    Black Lion:
    In the alternate reality that is the birther world, that would actually happen…However in the real world, the one where Barack Obama is the President, Judge Lind laughs and then orders the MP’s to escort the former LtC Lakin to Leavenworth….

    I understand Kansas is beautiful this time of year.

  67. avatar
    Black Lion September 10, 2010 at 12:33 pm #

    Here is an interesting look at the “war hero” Lakin….

    http://ohforgoodnesssake.com/?p=12241

    “I was curious about the mythologizing of late about LTC Terrence Lakin’s service record, honorable as it is, or was, until recently. Lakin was interviewed by Barry Farber, following his recent motions hearing. He was introduced as a “war hero” and did not correct the host. ”

    ……..

    “For the record, Lakin is not a “war hero” (as he is introduced) for having a Bronze Star. There are two types of Bronze Stars, those given out for valor and those given out for merit. Most people above a certain rank have a Bronze Star for Merit for actions *NOT* under hostile enemy fire (i.e. doing a certain job day in and day out in a combat zone). A Bronze Star for valor is for a specific action under hostile enemy fire.”

  68. avatar
    Black Lion September 10, 2010 at 12:51 pm #

    A daily dose of Obama derangement mixed in with Lakin hero worship from the Post and Fail….

    “On March 17, 2010, a criminal complaint was filed in the Eastern District of Tennessee against Barack Hussein Obama for Treason.

    While the complaint called Obama an “imposter president,” it focused on the violation of the Posse Comitatus Act committed by the U.S. Army acting under Obama over the deploying of U.S. troops in the town of Samson, AL on March 10, 2009.

    Filed by Cmdr. Walter Fitzpatrick, III, the complaint has gone unanswered. Obama has not taken steps to disprove the claims, nor has Fitzpatrick been arrested for mutiny.

    Another criminal complaint filed in the Western District of New York was similarly ignored. Other public officials have been served with presentments which declared Obama guilty of fraud and treason.”

    http://www.thepostemail.com/2010/09/09/treason-charge-against-obama-has-never-been-answered/

    So the Post and Fail is equating the nonsense complaints filed by the crazy Walt Fitzpatrick and the lonely Robert Laity with the treasonous acts commited by Lakin and others? Really. So according to them a couple of cranks that filed suits have somehow stripped the President of his rights? The Post and Fail is willing to write anything and support anyone that is against the President.

    And from our old friend the “flying monkey” birther….

    j*x says:
    Friday, September 10, 2010 at 9:30 AM
    Another excellent article by Sharon Rondeau although I suspect the number of those involved in the government that have been significant players in this tragedy and deserve capital punishment is notably greater than 100.

    Don’t forget, there are a number of state officials heavily involved also who have committed crimes (and perjured themselves also) as Dr. Ron Pollard showed in his video series “Fraud in the USA”. Felony criminal document fraud is a very serious crime even among all the other crimes that we’ve been infected with.

    Or this delusional fellow that thinks that the 3 people that actually attended the Dr Kate show is representative of the millions of people that are supporting the movement….

    Stock says:
    Friday, September 10, 2010 at 8:21 AM
    Sad but true-our Nation has been hijacked. Recently “dr.kate” and a small band of Patriots took the issue to Washington for a demonstration focused on that issue, unlike the other recent event where in the guise of “honor” even the mention of the Constitution was forbidden. This is what we have to do-more than ever-is to take it into the streets-to expose the issue that the MSM and the Congress and officials nationwide have failed and refused to address. At some point the pot has to boil over-we have to raise the temperature.