Lieutenant Colonel Terrance Lakin may not get fair trial

According to World News Daily, retired Air Force General Thomas McInerney predicts that Republican House will investigate if Lt. Col. Lakin convicted in court martial December 14.

Army physician Lieutanant Colonel Terrence Lakin received something a little harder than a lump of coal and a little earlier than Christmas. Dr. Lakin will be facing a court-martial December 14th for refusing deployment on the grounds that President Obama has yet to prove his citizenship.

McInerney spoke on a KHOW radio talk show in Denver stating, “It looks like he’s not being treated fairly.”

“It’s important that he gets a fair trial, which means discovery,” the General said. “Since the Army will not allow that I believe in the final analysis that this will be overturned, but he may have to go to the slammer in Ft. Leavenworth.”

There is probably some fear that if they allow the Colonel to demand evidence of Obama’s birth, others may follow his lead. The only fact that they seem to be concerned with is the fact that the Colonel is refusing orders.

The Colonel wrote on the web site, The American Thinker on December 11:

As military officers, we all take a solemn oath upon commissioning into the Uniformed Services. In this oath, we swear to support and defend the Constitution of the United States against all enemies, foreign and domestic. Upholding the law is an essential part of our role as citizens; in the military, we are the ultimate protectors of that law. The Constitution is our social compact, which safeguards all of us and ensures the “equal rights” that we are entitled to as American citizens.

Since Nuremberg, My Lai, and even Abu Ghraib more recently, the military has been taught the hard lessons of following illegal orders. Any reasonable person looking critically at the information and evidence currently in the public domain about Obama’s birthplace would have questions about President Obama’s claim to be a natural born citizen. I made the decision to disobey all military orders, including my deployment order to Afghanistan, in pursuit of the truth of whether President Obama can legally occupy the high post that he holds today and which entitles him to send servicemembers into harm’s way.

The Colonel’s plight has given rise to several support pages, including a Facebook page, and YouTube videos.

One commenter in the Wall Street Journal Community writes:

When swearing in to serve our country, the first oath we take is to uphold The Constitution FIRST AND FOREMOST.

LTC Lakin now faces court-martial this month for his commitment to honor that oath. I ask that anyone reading this now, please research into Terrence Lakin, and afterwards voice your opinions publicly on the matter.

I personally feel that LTC Lakin’s commitment is justified, and also, that it is our responsibility to show our support for one that has faithfully served our great country for over 18 years.

If the General’s prediction is correct and the Republican House investigates the matter upon Colonel Lakin’s conviction, it could actually cause more problems for the Obama administration if they cannot prove that he was born in Hawaii.

Because nothing like this has happened, one can only speculate what would happen if it is proven that Obama was not a U.S. citizen. Would all the legislation that he signed, including Obamacare, become void?

BirtherReport.com
TPM

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11 Responses to “Lieutenant Colonel Terrance Lakin may not get fair trial”

  1. Doubtful says:

    At the moment, the best thing LTC Lakin has going for him is the fact that he is being represented by Neal Puckett, one of the most highly regarded military defense lawyers in currently practice. If there is any successful angle to be played, Puckett will find it and play it, and with consummate skill.

    “The only fact that they seem to be concerned with is the fact that the Colonel is refusing orders.” Yes. That is their job. The role of a court-martial is to preserve good order in the military. A court-martial has no constitutional role in determining the eligibility of the President.

    Remember, when Judge Lind ruled that eligibility questions were irrelevant to the issue of guilt or innocence, Neal Puckett agreed. He told WND, “She was right on the facts and right on the law.”

    So I would think twice before taking McInerney’s opinion as gospel. Not only does the judge disagree with him, so does LTC Lakin’s own lawyer. When one makes a public statement like “I made the decision to disobey all military orders” and then follows through with disobedient acts, it’s hard to expect a jury of senior Army officers to see that as anything but what it is — a violation of the Uniform Code of Military Justice.

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  2. Railroad One says:

    You do have the right to refuse unconstitutional orders. Since Obama cannot prove he is a citizen of the United States, it seems reasonable that his orders would be taken as unconstitutional.

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  3. Doubtful says:

    “You do have the right to refuse unconstitutional orders.”
    __

    At this point, that’s irrelevant in this case. Judge Lind has already ruled that the orders were legal, and that’s the ruling about which Neal Puckett said, “She was right on the facts and right on the law.”

    But the court-martial begins tomorrow! We’ll learn more then.

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  4. Doubtful says:

    First report from the scene — from http://www.caaflog.com:

    ___

    0745: Colonel Sullivan is at the site of the trial…

    He reports “the word on the street” is that the accused will plead guilty to at least some of the Article 92 specifications…

    A guilty plea to any of the Article 92 specifications would essentially abandon the cherished birther claim that no military orders are lawful under President Obama.

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  5. Railroad One says:

    Taking this from a pro-military “justice” site, that is what you would expect them to say. It does not prove that Obama was born in the U.S. He is pleading guilty to Article 89 because he did miss movement. He refused to go. He is pleading guilty to Article 92 because he refused an order. His challenge is the legitimacy of this president.

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  6. Doubtful says:

    Of course, and he is entitled to any doubts and questions he may have about the legitimacy of the President or anyone else for that matter.

    But what he is acknowledging here is that, regardless of his questions and his doubts, he was required to obey his orders.

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  7. Doubtful says:

    And the jury has just returned, convicting Lakin of the remaining charge, “Missing Movement by Design.”

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  8. Railroad One says:

    That was to be expected. Let’s see if the rest of the article pans out and see if Congress decides to hold an investigation. Hint: They won’t. Republicans and Democrats are the same animal.

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  9. Doubtful says:

    I don’t think there’s anything to investigate concerning the court-martial itself. If a sentence greater than one year is imposed, it will automatically go to appeal, but I don’t see any issues that would warrant congressional interference with military justice.

    However, there’s a separate question over whether the Republican House will want to initiate an eligibility investigation. That’s a trade-off — if they do and they find something, it’s a big win, but if they don’t, it’s a big loss. They’re going to have to place a bet on which outcome they think is more likely.

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  10. Railroad One says:

    You make a very good point. Jumping into and investigation could cause a problem in the next election cycle if it turns out that Obama is a citizen.

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  11. Doubtful says:

    Yes, that’s been the problem with a lot of the “evidence.” It’s more like almost-evidence, and there’s noticeably little effort to advance it.

    For example, Orly’s favorite piece of evidence is the list of Social Security numbers from Neil Sankey. But we’ve seen that list — it’s a raw report from a database. No one would ever take it seriously until it was cleaned up — and no one’s cleaned it up. It sounds like something similar — why look too deeply into it? Maybe it’s better just to leave it out there raising suspicions.

    The same with the Sarah Obama telephone call. The whole conversation gives a different impression from the truncated version — but so what? If you want real evidence, she’s still alive, go and take a deposition or get an affidavit. But rather than taking the chance of not liking what might be learned, perhaps it’s thought best to leave it alone.

    And then there was all the talk about how Maya Soetoro had a COLB that said she was born in Hawaii even though she wasn’t. Until one lawyer pushed a little too hard to find it and instead determined that it didn’t exist.

    There are a lot of risks to weigh.

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