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Another WorldNetDaily columnist comes out in support of LTC Terry Lakin

by Dr. Conspiracy on 04. Sep, 2010 in Terry Lakin, WorldNetDaily

Photo of former judge Roy S. Moore and 10 Commandments monument

Former judge Roy S. Moore

Roy S. Moore, who writes a weekly Wednesday column for WorldNetDaily, has come out in support of LTC Terry Lakin’s military disobedience because of doubts where Barack Obama was born. In typical WorldNetDaily style, Moore was interviewed by WND and the reader was not informed that Moore is a columnist for the web site. Rather, Moore was introduced only as the former Chief Justice of the Alabama Supreme Court. WND said:

Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.

Former Judge Moore is better known as the judge who was removed from office for refusing to carry out a federal court order to remove his Ten Commandments monument from the state judicial building. Moore now runs the Foundation for Moral Law, an organization that advocates a greater role for religion in public life. Moore served in the Vietnam War as a military police commander. Moore is the author of the book, So Help Me God: The Ten Commandments, Judicial Tyranny, and the Battle for Religious Freedom and also mounted an unsuccessful bid to be Alabama’s governor in 2006.

The actual WND interview is difficult to follow, being more WND birth certificate talking points with little more than a few sound bites from Moore dropped in from time to time. In this typically long WND article, titled “Battle-scarred judge says Lakin decision ignores Constitution” there is really very little from Moore himself. It appears, however, that Moore sees a parallel between his own ouster from the Alabama Supreme Court and Judge Lind’s decision to exclude Obama’s eligibility as a defense; Moore says his ouster as the result of someone blindly following orders, what Lakin has refused to do.

Learn More:

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Why LTC is SOL

by Dr. Conspiracy on 04. Sep, 2010 in Terry Lakin

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.

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Lakin’s lumps

by Dr. Conspiracy on 02. Sep, 2010 in Terry Lakin

LTC Terry Lakin and his civilian counsel Paul Jensen took their lumps at the pre-trial hearing today on charges that Lakin refused to deploy with his unit to Afghanistan because he could not be sure his orders were legal because President Obama had not proved to his satisfaction that he was eligible to be President and Commander in Chief. The military judge stated as a matter of law, that Lakin would not be allowed to offer issues of Obama’s eligibility in his defense because Lakin is obliged to follow orders anyway. The judge reminded Lakin that the authority for the military chain of command derives from the power of Congress under the Constitution. This means no school records, no birth certificate and no depositions from Hawaii Department of Health officials.

Any competent military attorney could have told LTC Lakin that this was going to happen. One continues to ask, pondering the blank and impassive Lakin, WHY?

Dwight Sullivan wrote at the CAAFlog blog:

I hear very good things about LTC Lakin’s detailed [military] defense counsel, MAJ Kemkes.  While obviously I have no way of knowing for sure, we can very safely assume that he advised LTC Lakin that there is no way his request for discovery would be successful and that he should explore available avenues to protect himself from the consequences of his deliberate decision to disobey orders on a basis that the law will not recognize as a defense.

Military attorney Phil Cave attended the proceeding and wrote a detailed report at the Military Law and Justice blog. Phil described attorney Jensen as “beaten down” following the Judge’s ruling about which Phil said:

The military judge’s findings and rulings seemed also to put a stake through the heart of LtGen McInerney’s affidavit and its relevance to the trial (by inference this would include MG Vallely and MG Curry).

Learn more:

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Fox News consultant weighs in on Lakian trial

by Dr. Conspiracy on 01. Sep, 2010 in Terry Lakin

Lieutenant General Thomas G. McInerney (USAF Retired), military affairs analyst for Fox News Network, has filed an affidavit with the US Army in support of LTC Terry Lakin’s “civil disobedience” (my phrase) challenge  to Barack Obama’s disregard of birther demands to prove that he is really president. McInerney urges the Convening Authority to allow Lakin discovery into records related to Obama’s eligibility both to prove Lakin’s guilt or innocence, but also to reassure all others in the military about the legality of their orders.

McInerney says that what Lakin did, refusing to deploy with his unit, is exactly what ever officer is trained to do if he has the slightest doubt about the President’s paperwork (my words). McInerney is the highest-ranking officer to have questioned the eligibility of President Obama, describing questions about Obama’s eligibility as “legitimate”.

If you would like to hear it in McInerney’s words, keep reading below and and here for commentary from the Military Law and Justice blog. (more…)

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LTC Lakin pre-trial motions and witness list

by Dr. Conspiracy on 20. Aug, 2010 in Terry Lakin

Today, August 20, was the deadline for submission of pre-trial motions and the witness for the LTC Lakin court martial. Lakin is a military doctor who has refused to follow orders, to force President Obama to prove he is really President.

Lakin advocacy site photo

So far I haven’t found any news on what happened today. There is, however, quite a bit of news at SafeguardOurConstitution.com, the Lakin fundraising site. One big item is that the photo of Lakin has been turned into an animation showing prison bars appearing across his photo. They say legal costs are mounting and expected to reach $500,000!

They also tout a claim that CNN has retracted a comment saying Lakin was a racist.

The American Patriot Foundation spins it this way:

Washington, D.C., August 16, 2010. The Army doctor who is being court martialled for refusing to obey orders has demanded – and received – a retraction from CNN of defamatory comments made by Jeffrey Toobin about Lakin.

What CNN Legal affairs consultant Jeffrey Toobin said was:

TOOBIN: In your interview you kept saying what an honorable man he is. You know, as they say at the Supreme Court, I think I dissent. You know, these people are bigots, they’re racists, they’re freaks, they’re lunatics, these are not rational players in American politics… (more…)

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CNN covers LTC Terry Lakin

by Dr. Conspiracy on 08. Aug, 2010 in Media, Terry Lakin

Terry Lakin

CNN’s Rick Sanchez has named Terry Lakin to his list of “most intriguing” people in an article posted Sanchez’s CNN blog this afternoon.

CNN published a major article on Lakin Friday (August 6) on the date of his military arraignment, covering his career and the history of his case. CNN wrote:

Lakin wrote Obama in March, saying presidential contender Sen. John McCain willingly provided his own birth certificate and accusing the president of failing to do the same. Lakin alleges in the letter that Kenyan citizens claim Obama was born in Mombasa, Kenya’s second-largest city.

It is, of course, not true that John McCain ever released a birth certificate. This is further evidence that Lakin is acting on the basis of misinformation, perhaps having fallen in with the wrong crowd.

Is it just me, or is Terry Lakin totally lacking in affect?

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LTC Lakin arraignment today

by Dr. Conspiracy on 06. Aug, 2010 in Terry Lakin

Not much in the way of interest in a strictly by the book formality. Motions and witness requests are due August 20, 2010. Replies are due August 27. Two Article 39(a), UCMJ, sessions have been scheduled for September 2 and September 14. Trial is scheduled for October 13–15, 2010.

Thanks to the Military Law & Justice blog.

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