Army Lt. Col.
|Items on this page archived in order
|Lt. Col. Lakin has
arrived safely, at Fort Leavenworth to begin serving his six month
sentence, following his conviction at court-martial for the simple
reason that the son-of-a bitch occupying the Oval Office refuses to
release his long-form birth certificate.
If you want to contact
Bronze Star recipient, Lt. Col. Lakin, via mail please follow these
Do not use rank or title. Only first
name, last name, and registration number (see below). We can send
him letters, greeting cards and post office money orders, but nothing
else. Do NOT send any packages, food, magazines, etc. Send
your mail to:
Terrance Lakin #89996
830 Sabalu Road
Leavenworth, KS 66027
Army Officer Seeks Truth About Obamaís
|Bob McCarty reports that in a
today, Army Lt. Col. Terrence Lakin said he is wiling to risk a
court-martial in order if thatís what it takes to determine whether or
not President Barack Obama is eligible to serve as president of the
United States. Not your average officer, Colonel Lakin is the lead
flight surgeon charged with caring for Army Chief of Staff General
George W. Caseyís pilots and air crew.
"I am today compelled
to make the distasteful choice to invite my own court martial, in
pursuit of the truth about the presidentís eligibility under the
constitution to hold office," said Colonel Lakin.
release cited (1) Article II, Sec. 1 of the U. S. Constitution which
explicitly provides that only "natural born" citizens can serve as
president and commander-in-chief and (2) Mr. Obamaís continued refusal
to release his original 1961 birth certificate as reasons behind Colonel
Lakin reaching the conclusion that his orders are unlawful, and thus
MUST be disobeyed.
Today, according to the news release, Colonel
Lakin said he had informed his superiors that he cannot understand how
his oath of office to "preserve, protect and defend the Constitution"
does not permit him, as a military officer, to pursue proof of
eligibility from his commander-in-chief. In addition, he noted that his
efforts have been rebuffed with legal evasions. Given the Obama
Administrationís "transparency" initiative, the colonel believes many
U.S. citizens are also demanding release of the original birth
certificate, educational records, and other documents.
Colonel Lakinís numerous awards and decorations
include the Army Flight Surgeonís Badge, Combat Medical Badge, the
Bronze Service Medal, the Meritorious Service Medal, the Army
Commendation Medal with three Oak Leaf Clusters, the Army Achievement
Medal with two Oak Leaf Clusters, the National Defense Service Medal
with Bronze Service Star, the Armed Forced Expedition Medal, the Army
Reserve Component Achievement Medal, the Army Service Ribbon, the
Overseas Service Ribbon and the NATO service medal.
Patriot Foundation, a non-profit group incorporated in 2003 to foster
appreciation and respect for the U.S. Constitution, has set up a legal
defense fund and will provide Colonel Lakin with a top-flight defense
team about which details are available on the foundationís
Hatís off to this guy for having
the spine to take on this effort.
|Dear Mr. President
|For more than seventeen years, I have had the
privilege of serving my country as a member of the U.S. Armed Forces,
including overseas assignments in imminent danger/combat areas in Bosnia
The United States is an example to the rest of
the world of a stable, civilized democratic government where all men are
created equal and the rule of law is cherished and obeyed. The
U.S. military teaches and promotes the rule of law and civilian control
of the military to many other nations and militaries around the world.
Every soldier learns what constitutes a lawful order and is encouraged
to stand up and object to unlawful orders. My officerís oath of
office requires that I swear to support and defend the Constitution of
the United States.
I recently received deployment orders for a
second deployment to Afghanistan. My orders included a requirement
to bring copies of my birth certificate. I will provide a
certified copy of my original birth certificate with common, standard
identifiers, including the name of an attending physician and a
hospital. Every day in transactions across the country, American
citizens are required to prove their identity, and standards for
identification have become even stricter since the terrorist attacks on
Since the fall of 2008, I have been troubled by reports
that your original birth certificate remains concealed from public view
along with many other records which, if released, would quickly end
questions surrounding your place of birth and "natural born" status.
Many people mistake the online Certification of Live Birth for an
original birth certificate. Until the summer of 2009, the Hawaiian
Department of Homelands
would not accept this Certification of Live Birth to determine
native Hawaiian identityĖthe Department insisted upon also reviewing an
original birth certificate. Many do not understand that the online
document was from 2007, generated by computer, laser-printed, and merely
a certification that there is an original birth certificate on file
which may or may not be sufficiently probative. An original birth
certificate is the underlying document that presumably includes a
hospital and attending physicianís or midwifeís name that should lay to
rest the "natural born" dispute.
In 2008, after pressure from the
news media, Senator McCain produced an original birth certificate from
the Panama Canal Zone; a Senate Judiciary Committee
affirmed his "natural born" status and Constitutional eligibility to
serve as President. The U.S. Senate was silent about your
statements from Kenyan citizens that you were born in Mombasa,
including your paternal grandmother and the Ambassador from Kenya to the
U.S. during a radio interview. Hawaiian state officials claim they
cannot release an original birth certificate without your consent.
I have attempted through my chain of command for many months to get
answers to the questions surrounding your eligibility. I also
sought answers, unsuccessfully, through my Congressional delegation.
You serve as my Commander-in-Chief. Given the fact that the
certification that your campaign posted online was not a document that
the Hawaiian Department of Homelands regarded as a sufficient substitute
for the original birth certificate and given that it has been your
personal decision that has prevented the Hawaiian Department of Health
from releasing your original birth certificate or any Hawaiian hospital
from releasing your records, the burden of proof must rest with you.
Please assure the American people that you are indeed
constitutionally eligible to serve as Commander-in-Chief and thereby may
lawfully direct service members into harmís way. I will be proud
to deploy to Afghanistan to further serve my country and my fellow
soldiers, but I should only do so with the knowledge that this important
provision of our Constitution is respected and obeyed. The people
that continue to risk their lives and give the ultimate sacrifice to the
service of our country deserve to know they do so upholding their vows
to the oath of office and the Constitution.
Unless it is
established (by this sufficient proof that should be easily within your
power to provide) that you are constitutionally eligible to serve as
President and my Commander-in-Chief, I, and all other military officers
may be following illegal orders. Therefore, sir, until an original
birth certificate is brought forward that validates your eligibility and
puts to rest the other reasonable questions surrounding your unproven
eligibility; I cannot in good conscience obey ANY military orders.
Terrence Lakin, USA
|Lt. Col. Lakin Faces New Threats From Army
|Lt. Col. Terry Lakin is the highest-ranking and
first active-duty officer to refuse to obey orders based on Obama's
Bob Unruh is now
reporting that The Army is
threatening to dismiss and jail the active-duty lieutenant colonel who
says he won't obey military orders until he knows that Obama is in the
Oval Office as a constitutionally eligible president, according to his
A statement given by Margaret Hemenway, who is
acting as a spokeswoman for the case involving the American Patriot
Foundation, and Army Lt. Col. Terrence Lakin, said Lakin is "undaunted"
and has not changed his position.
Lakin announced his position
with a video stating he would not follow orders because he was not sure
of their legality under Obama, who has concealed personal information
that could confirm he meets the constitutional requirement that a
president be a "natural born"
The Army "unofficially"
recommended a medical evaluation, which Lakin refused. Now, the Army has
issued a "counseling form" warning Lakin his deployment orders are
|Don't Touch My Brain
A U.S. Army flight surgeon who posted a video indicating his
complete rejection of all orders from the military unless Barack Obama
documents his eligibility to occupy the Oval Office is now refusing an
"unofficial" suggestion from the Army for a medical evaluation.
Bob Unruh reported this week the Army was hinting that Lt. Col Terry
Lakin should undergo a brain scan and medical review.
spokeswoman involved with the developing case said the recommendation
was delivered to Lakin by an unnamed officer who implied those higher up
the chain of command thought it was a good idea.
was described by spokeswoman Margaret Calhoun-Hemenway, a veteran
Washington appointee and now volunteer spokeswoman, as being presented
in a "solicitous" manner.
Officially, the U.S. Army says it has
no plans for formal action at this point against the officer, but
Calhoun-Hemenway said that Lakin's "no" meant "no."
"He is not
taking any suggested medical evaluation or brain scan. He is
refusing to obey all orders including deployment orders," she confirmed.
"It is interesting this suggestion of a medical exam should
arise now given he was only a couple of weeks from deployment and
obviously judged to be fit for deployment with his bags packed," she
here . . .
|Army Doctor A No-Show At Ft. Campbell
|An Army flight surgeon apparently is sticking
to his vow not to deploy until he is satisfied that Barack
Obama is a "natural born" citizen.
Lt. Col. Terrence Lakin did
not report for duty at Fort Campbell, Ky. as ordered today, and a
spokesman for the post said it's not likely he will. "The last
report I got as of Friday is that he is not going to report to Fort
Campbell," spokesman Maj. Patrick Seiber said. "That's from our
division surgeon." Lakin's failure to report essentially dares the
Army to bring charges against him for being an unauthorized absence.
Lakin, who has been the chief of primary care at the Pentagon's
Tricare health clinic, could not be reached this morning at his Maryland
home. Margaret Hemenway, a spokeswoman for a group called the
Patriotic American Foundation, which is supporting the 18-year officer,
said the Army should not expect Lakin to report unless he sees an
original birth certificate showing that Obama was born in Hawaii.
"I think he is solid in his resolve," she told Military.com.
"I don't know that they [the Army] know what they are going to do with
him. I think they've been counting on him getting down to Fort
Campbell. I think they misled themselves and may have
underestimated his commitment."
Lakin is scheduled to deploy to
Afghanistan. It would be his second deployment there, he said in a
video posted on
the Patriotic American Foundation website. His failure to report
to the Kentucky post marks the first time since he went public with his
vow that he has technically disobeyed an order. The Army has not
said yet what it intends to do about Lakin. Calls to his unit --
Headquarters Company, Medical Brigade, Walter Reed Army Medical Center
in Washington -- were not returned by post time.
To this point
the Army has ducked taking serious action against the decorated flight
surgeon, claiming his public statements and threat to disobey orders did
not constitute any punishable offense. On March 31 -- the day
after the video was released -- he was given a letter of counseling. In
the letter, his commander at Walter Reed warned him against not
reporting for duty as ordered.
here . . .
|You Have The Right To Remain Silent
|Safeguard Our Constitution
is reporting that US Army doctor Lt. Col. Terrence Lakin met with
his brigade commander, Col. Gordon R. Roberts, who proceeded to read LTC
Lakin his Miranda rights, and who informed LTC Lakin he had the "right
to remain silent" because LTC Lakin is about to be charged with serious
crimes. Col. Roberts was at age 19 awarded the Congressional Medal
of Honor, the only recipient of the nationís highest honor currently on
active duty in the Army.
LTC Lakin had previously been ordered in
writing to report yesterday to Ft. Campbell, KY and then on to deploy
for his second tour of duty in Afghanistan. Lakin refused to obey
these orders and instead came to work yesterday morning at the Pentagon.
Late yesterday afternoon he was confronted by his brigade commander.
Before the meeting was over, LTC Lakinís Pentagon Access Pass had
been revoked, and his laptop computer was set to be confiscated.
The message to LTC Lakin is clear; through official channels, he was
informed yesterday that he will shortly be court-martialled for crimes
(specifically, missing movement and conduct unbecoming an officer) that
for others has led to lengthy imprisonment at hard labor.
has announced in a YouTube video that has now been viewed more than
110,000 times that he considers it his duty to refuse to obey orders
that would be illegal if Obama is ineligible to hold office.
Meanwhile, cries mount for proof of that eligibility, but nothing has
been forthcoming. The Obama campaign at one point released a copy
of computer-generated abstract of information purportedly in Hawaii's
records system, but the source of this information is unclear and need
not have been a birth certificate issued contemporaneously and signed by
the doctor who attended the birth. Even the document released was
only a copy, and the version printed in the Los Angeles Times on June
16, 2008 is on a form only in use since late 2001. Even as it is,
the document contains a warning that it is merely "prima facie" --
threshold, rebuttable and thus inconclusive -- evidence of birth, and
the copy the Times printed mysteriously has the certificate number
blacked out, thereby rendering the document unusable according to
language on the bottom.
four sophisticated examinations
of Obama's so-called "birth certificate" and the expert analyst's
conclusions -- now
add a fifth.
|Lt. Col. Lakin Reassigned
|Bob Unruh is reporting that the U.S. Army says
a surgeon who has publicly refused to follow any further orders until he
sees documentation that Barack Obama is eligible to be president is
being "reassigned" at Walter Reed Army Hospital after he refused to
deploy to Afghanistan as scheduled.
Lt. Col. Terry Lakin is the
highest-ranking and first active-duty officer to refuse to obey orders
based on Obama's eligibility.
While there have been reports Lt.
Col. Terry Lakin is facing an imminent court-martial, Army spokesman
Chuck Dasey said that Lakin is only "under investigation" at this point.
"Lakin reported to the commander, Medical Center Brigade, Walter
Reed Army Medical Center, on Monday, 12 April, after failing to report
for duty at Fort Campbell, Ky.," a statement sent by Dasey said.
"Lakin will be assigned to duty at Walter Reed pending
A spokeswoman for the case, Margaret Calhoun
Hemenway, said that whatever the "assignment" amounts to, Lakin's access
privileges were revoked, his computer was confiscated and he "is not
permitted to support his Hippocratic oath Ö and take care of the troops
as a doctor and a surgeon."
On the day he was supposed to have
reported for deployment, Lakin was read his rights by Col. Gordon
Roberts, his brigade commander, who discussed the situation with him and
told him he had the "right to remain silent" because he was about to be
charged with "serious crimes."
Hemenway said the message was
that "he will shortly be court-martialed for crimes (specifically,
missing movement and conduct unbecoming an officer) that for others has
led to lengthy imprisonment at hard labor."
here . . .
|Formal Charges Filed Against
Highly-Decorated Flight Surgeon
|The Post & Email is
reporting that charges have been filed against Lt. Col. Terrence
Lakin, an Army medical doctor who has asked Obama to produce his
long-form birth certificate to prove that he is a natural born Citizen
and therefore eligible to serve as Commander-in-Chief of the U.S.
Lt. Col. Lakin has been charged with "Missing Movement"
and "disobeying a direct order."
On Tuesday, Lt. Col. Lakin and
his attorney, Paul Jensen, were on the G. Gordon Liddy radio program
discussing the case and charges.
There is a
link to the charge sheet from the American Patriot Foundation
Lt. Col. Lakin announced his intentions to refuse to
follow orders on March 30, 2010. The original press release reads,
in part, "Article II, sec. 1 of the U. S. Constitution explicitly
provides that only "natural born" citizens can serve as president and
commander-in-chief. Mr. Obama's continuing refusal to release his
original 1961 birth certificate has brought Lt. Col. Lakin to the point
where he feels his orders are unlawful, and thus MUST be disobeyed."
|"I Can't get A Fair Hearing"
|On June 2nd, the US Army on Tuesday officially
denied the request of Dr. Terrence Lakin, the decorated Lt. Colonel
facing court martial for refusing to obey orders to deploy to
Afghanistan because Obama refuses -- even in the face of mounting
evidence to the contrary -- to prove his eligibility under the
Constitution to serve as President and Commander-in-Chief. The
preliminary hearing, called an investigation under Article 32 of the
Uniform Code of Military Justice, will proceed on June 11, 2010 at
Walter Reed Army Medical Center in Washington, D.C. at 9:00 a.m. in room
134 of Building T-2. However, it will proceed WITHOUT testimony
from any official about records that would prove, if they exist, that
Obama is eligible to serve.
Lakin, through his legal defense
team, requested the testimony of Dr. Chiyome Fukino of the Hawaii Dept.
of Health, and all of that agency's records that exist concerning the
facts surrounding Obama's birth. That request was formally denied.
Lakin had also requested the testimony of the custodians of records of,
and the records relating to Obama's admission and financial aid that
exist, of the Punahou School, Occidental College, Columbia University
and Harvard Law School. All these requests were also summarily
"This makes it impossible for me to have a fair hearing,"
said Lakin in response to the order, signed by LTC Daniel J. Driscoll,
the Investigating Officer. A copy of the Army's order can be found
on the website of the
American Patriot Foundation. " I cannot even raise the issue of the
Obama's eligibility, on the grounds that my position has no basis in
Yesterday's decision is not the final word on the subject,
however. Lakin will have the opportunity, to raise the question
again later in the court martial process, in a request to the Military
Judge assigned to try him once the Article 32 Investigation is over and
a final decision is made by Lakin's Commanding General, Major General
Carla Hawley-Bowland, whether to refer the charges for trial. That
final decision is expected later this summer.
|Lt. Col. Lakin Waives Hearing, Court
reporting that the group backing US Army Doctor, Lt. Col. Terrence
Lakin, as he makes his way through the military justice system announced
today that LTC Lakin is waiving a preliminary hearing that was set for
LTC. Lakin refused orders on the grounds that Barack
Obama is not constitutionally eligible to be president. It is now
up to Maj. Gen. Karl Horst, Military District of Washington Commander,
to decide if the case will go to trial, said Chuck Dasey, spokesman at
Walter Reed Army Medical Center in Washington, where Lakin is assigned.
The American Patriot Foundation said in a press release:
Saying that the Army has made it "impossible
for me to present a defense" at the Article 32 "preliminary hearing"
previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin
has officially waived -- cancelled -- that proceeding.
Therefore, the case will move inexorably on to a General Court
Martial. The purpose of an Article 32 hearing is for a
military official to consider evidence and make a recommendation to
a commander about whether a case should go to trial.
Dasey, the military spokesman, sent along
this statement on the case:
LTC Lakin waived his Article 32
hearing on 4 June 2010. Once the Article 32 was waived, the
charges were forwarded by Walter Reed commanding general with a
recommendation as to disposition to MG Horst, the Military District of
Washington Commander, on 8 June 2010. It is now up to MG Horst, to
determine if the case will go to court-martial and the level of
court-martial. MG Horst could also decide that some other
disposition is more appropriate than court-martial. MG Horst is
the General Court-Martial Convening Authority for Soldiers assigned to
Walter Reed Army Medical Center. The American Patriot Foundation
also said Lakin will be releasing a new YouTube video, but it's not out
|Bring On The Evidence
says a decorated Army officer who faces the possibility of years in
jail because he refused orders from the military chain of command under
Obama, citing his refusal to prove his authority to issue orders, is
asking to see evidence that Obama is eligible for the Oval Office.
The request comes from Lt. Col. Terrence Lakin, who earlier posted a
video challenging the military to bring him to trial on charges he
refused to deploy to the Middle East in an effort to force the
revelation of Obama's birth documentation.
The Army responded by
filing charges against him and rewriting a performance evaluation to
condemn him for his efforts.
But now Lakin, who is aided by the
Safeguard our Constitution website, is asking for a deposition in Hawaii
with the records-keeper of the Hawaii Department of Health -- and the
production of all of the state's records concerning Obama.
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."
|Army Refers Charges Against Lakin To Court
|Washington, D.C., August 2, 2010. The
Army has now
referred charges against LTC Terrence Lakin for a General Court
Martial. This action triggered the appointment of a Military Judge to
preside over the trial, which will likely be scheduled before October,
and held in Washington, D.C. at Ft. McNair.
On August 6, 2010 at
Ft. McNair in Washington, D.C., the court will convene for the purpose
of Judge Lind taking Lakinís plea to the charges which consist of
"missing movement" and of refusing to obey orders. Today Lakin
stated: "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. The truth matters. The Constitution matters.
If President Obama is a natural born citizen then the American people
deserve to see proof, and if he is not, then I believe the orders in
this case were illegal." If convicted, Lakin faces up to four
years at hard labor in a federal penitentiary.
LTC Lakin is a
doctor and is in his 18th year of service in the Army. 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 Departmentís outstanding
flight surgeons. In March of this year, he announced in a video
posted on YouTube that he would refuse to obey orders until receiving
proof of the Obamaís eligibility. So far, more than 200,000 people
have viewed that
Army Col. Denise R. Lind will preside over the trial.
Before becoming a judge, she served tours of duty both prosecuting and
defending soldiers in court martial proceedings. She is a 1982
magna cum laude graduate of Siena College, and earned her law degree
from Albany Law School in 1985. As Military Judge, she will decide
all matters of law, including requests from the defense for discovery,
and a motion the prosecution has said it will make to determine the
lawfulness of the orders LTC Lakin is charged with refusing to obey.
A "jury" comprised of Army officers will decide based on the facts
whether Lakin is guilty or not guilty of the various felony-equivalent
charges pending against him.
In standing up for his convictions
and in keeping with his training that illegal orders must be disobeyed,
LTC Lakin has been widely praised for upholding the rule of law and the
paramount supremacy in our society of the United States Constitution.
Lakin is represented by military counsel, and by Paul Jensen, a
civilian attorney from California who has been provided to him by the
American Patriot Foundation, a non-profit group incorporated in 2003 to
foster appreciation and respect for the U.S. Constitution, which has
established a fund for Lakinís legal defense. Further details are
available on the Foundationís
|Second General Backs Lakin
|Jack Minor says a second General has come out
in support of former Greeley resident Lieutenant Colonel Terry Lakin,
who is challenging in court Barack Obamaís eligibility to be President,
saying a good leader would gladly produce the documentation and put this
issue to rest.
This past Friday, Lt. Col Lakin attended a
military hearing to face several charges including missing a movement.
Following the hearing, Lakin was ordered not to speak to the press and
was immediately taken by military escort back to Walter Reed Medical
Center without even being permitted to speak to his lawyer.
is being represented by both military and civilian counsel.
Margaret Hemenway, spokeswoman for Lt. Col. Lakin said one of his
attorneys Paul Rolf Jensen is considering filing a complaint over the
manner his client was treated following the hearing.
General (Ret) Jerry Curry a decorated combat veteran has issued
statement saying he agrees with Lakin that Obama should provide proof of
eligibility. Curry served as Deputy Assistant Secretary of Defense
for the Carter Administration, as Press Secretary to the Secretary of
Defense for the Reagan Administration, and has worked in international
relations, public affairs, management, aviation, and research and
While on active duty, General Curryís other duties
included commanding the U.S. Army Test and Evaluation Command (TECOM)
headquartered at Aberdeen Proving Ground, Maryland. TECOM is
responsible for performing Engineering Development Testing to determine
whether all Army equipment including jeeps, trucks of all types, self
propelled artillery, tanks, electronics, airplanes, helicopters and
missiles is safe to operate, free from defects and is in compliance with
all of the Army's technical specifications.
lamented that members of the military were having to raise the issue "It
shouldnít be the Lieutenant Colonels, Sergeants and Generals in the Army
it should be the Congressman and Senators on both sides of the issue
asking this man to step up to the plate" and provide the proof to the
American people. Curry expressed concern for Lakin telling the
Gazette "the administration will do its best to destroy him personally."
here . . .
|Officer's Defense Team Demanding Obama
|Bob Unruh says the key defense attorney for an
Army officer being put on trial for refusing orders he views as suspect
because of the possibility Barack Obama is not eligible to be
commander-in-chief is demanding his bona fides.
On the G. Gordon
Liddy radio show today, Paul Rolf Jensen said the request for
"discovery" in the Lt. Col. Terrence Lakin case -- the access by the
defense to documentation in the government's possession that could help
its case -- is being submitted.
Jensen had been asked whether
there is a legal basis for denying a defendant on trial on criminal
charges legitimate access to documentation that would prove his case.
"We are today officially requesting that discovery," Jensen
said. "If the government refuses to give it to us, then we will, a
week from today, file a motion to compel discovery.
think of a single reason why the judge would take the government's
position," he said.
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 concealed
documentation including his kindergarten records.
here . . .
|Eligibility Case Already Tainted?
|Bob Unruh says a reported threat by a senior
Army officer to "Taser" another officer on trial for challenging Barack
Obama's eligibility to be president could be a serious "command
influence" issue that could taint the case, according to an expert.
Vincent Averna, a former Navy captain in the Judge Advocate General
Corps, has dispatched a letter to Maj. Gen. Carla Hawley-Bowland, who
has command of the superior officer to Lt. Col. Terrence Lakin who
allegedly was involved in the threat incident. Averna suggested
that unless the major general addresses the behavior, it could be
"tantamount to command influence, since it can legitimately be said your
inaction gives consent to this prosecutor's misconduct."
was appearing at an Army hearing to be arraigned on charges, and,
according to the foundation, "The afternoon before the hearing, LTC
Steven Brodsky told LTC Lakin's counsel that Lakin must report hours
before the hearing to his duty post at Walter Reed Army Medical Center
in order for him to be 'transported under escort' to make sure he showed
up at the arraignment 'to avoid embarrassing his unit.'"
report explained Brodsky is a judge advocate and his job is prosecution.
"He has no role -- or at least should have no role -- in deciding the
manner in which Lakin relates to his commanders, or vice versa," the
foundation report said.
However, it continued, "Outside the
courtroom, Brodsky went far beyond interference with Lakin's commanders.
While Lakin was waiting near the courtroom, Brodsky and Col. Melanie
Craig (Lakin's 'escort') stood around the corner in the main hallway and
in voices easily audible to LTC Lakin, spoke about the need to prevent
Lakin after the hearing from speaking to the media, 'signing autographs
or kissing babies.' Brodsky then said to Craig 'just Taser him and throw
him in the van'."
In the foundation report, Lakin said, "LTC
Brodsky meant for me to hear those words, no question. When COL
Craig returned to where I was, she said to me 'you probably heard all
that, didn't you?' I replied it would have been hard not to.
After the hearing, my lawyers asked COL Craig for permission for me to
speak to the press, since both CNN and NBC had sent camera crews, but
she rudely refused, and she ordered me back into her vehicle to be
transported back to Walter Reed."
In the Gazette report, Averna
said, "[Brodsky's] threat to have LTC Lakin Tasered to insure his
silence is also a blatant violation of the American principle of
innocent until proven guilty. This prosecutor is not following
normal procedures in LTC Lakin's court martial. He is violating
LTC's constitutional rights by prohibiting his freedom of speech, equal
protection under the law and constitutional procedural due process by
failure to follow the UCMJ procedures."
"Command influence" in
the military is a death knell for cases, since defense counsel can argue
that the outcome of such a case was the result of fear on the part of
prosecutors, judges or jurors of subsequent actions by the officers who
control their lives and careers.
here . . .
Related: Terry Lakin Gets a Public
Retraction from CNN Anchor
|General Says Obama Records Are Critical To
Bob Unruh says A retired lieutenant general
from the U.S. Air Force who commanded forces armed with nuclear weapons
says the disclosure of Barack Obama's documentation proving his
eligibility to be commander in chief is critical not just to the defense
of an officer challenging Obama's status, but to the preservation of the
The vehement statements came in a sworn
affidavit from retired Lt. Gen. Thomas G. McInerney, a Fox News
military analyst, that was disclosed today by an organization generating
support for Lt. Col. Terrence Lakin.
The general, who retired in
1994 after serving as vice commander in chief of USAF forces in Europe,
commander of the 3rd Tactical Fighter Wing, and assistant vice chief of
staff of the U.S. Air Force, among other positions, said the chain of
command issue is critical in today's world, since officers are obligated
both to follow orders and to disobey illegal orders.
the United States military service are -- and must be -- trained that
they owe their highest allegiance to the United States Constitution," he
said in the affidavit.
"There can be no question that it is
absolutely essential to good order and discipline in the military that
there be no break in the unified chain of command, from the lowliest E-1
up to and including the commander in chief, who is under the
Constitution, the President of the United States. As military
officers, we owe our ultimate loyalty not to superior officers, or even
to the president, but rather, to the Constitution."
continued, explaining, "good order and discipline requires not blind
obedience to all orders but instead requires officers to judge --
sometimes under great adversity -- whether an order is illegal.
"The president of the United States, as the commander in chief, is the
source of all military authority," he said. "The Constitution
requires the president to be a natural born citizen in order to be
eligible to hold office. If he is ineligible under the
Constitution to serve in that office, that creates a break in the chain
of command of such magnitude that its significance can scarcely be
Officials said McInerney is the highest-ranking
officer yet to lend public support to Lakin.
here . . .
|Don't Embarrass Obama
|Thom Redmond says a career officer in the U.S.
Army, acting as a judge in the prosecution of Lt. Col. Terrence Lakin,
ruled that the military is no place for Barak Obama's presidential
eligibility to be evaluated.
Army Col. Denise R. Lind ruled, in
a hearing regarding the evidence to be allowed in the scheduled October
court-martial of Lakin, that he will be denied access to any of Obama's
records, as well as any testimony from those who may have access to the
With her decision, Lind mirrored a number of federal
judges who have ruled on civil lawsuits over Obama's eligibility.
They have without exception denied the plaintiffs' access to any
requested documentation regarding Obama's eligibility.
ruled that it was "not relevant" for the military to be considering such
claims, that the laws allegedly violated by Lakin were legitimate on
their face, and that the chain of command led up to the Pentagon, and
that should have been sufficient for Lakin.
Paul Rolf Jensen,
Lakin's civilian attorney, said the case would continue, but he said the
courts now have denied his client the opportunity to present his
Jensen had argued that a defendant put on court martial
has the right to call any and all witnesses and obtain any evidence in
his or her defense.
Lind, who took 40 minutes to read her
decision to the court, disagreed.
She said opening up such
evidence could be an "embarrassment" to Obama, and it's up to Congress
to call for impeachment of a sitting president.
here . . .
|Is Lakinís Court-Martial An American
|Ambassador Alan Keyes says he doubts that most
people would be shocked to learn that sometimes the influence of power
can interfere with and even derail the course of justice in our legal
system. Behind the scenes, a phone call from a powerful
politician, or a corporate mogul often affects the actions or judgments
of people whose personal ambitions they are in a position to help or
hinder. Usually though, people giving heed to such considerations
have enough sense to cloak what they do with words or actions that give
their corruption at least the appearance of probity. Maybe its the
tribute that vice renders to virtue. Maybe its nothing more than
self-serving prudence (the mask of honesty that facilitates corruption.)
However, when court officers conclude that such hypocrisy is no
longer worth the effort, things are pretty far gone. The above
video focuses on the recent decision by Col. Denise R. Lind, the
military judge charged with presiding over the court martial of Lt. Col.
Terry Lakin. People who still care about American justice will
recognize the facts as confirmation that America has passed "far gone"
and is approaching the point of no return.
Judging by Col. Lindís
demeanor, the court marital is apparently slated to be the inaugural
"show trial" of Obama style Stalinism in the United States.
Without even a show of rational argumentation, she has denied Lt. Col
Lakin "the right to obtain potentially exculpatory evidence" for use in
the Court Martial proceedings brought against him on the charge of
refusing to obey lawful orders from the military chain of command until
the issue of Barack Obamaís eligibility for the Office of President has
been investigated and resolved by the decision of a properly
The Judgeís derelict disregard for
constitutional right adds this military tribunal to the long list of
civilian courts that have made themselves vehicles for the anti-American
eliteís purposeful derogation of the authority of the U.S. Constitution.
In the course of her dereliction, however, Lind spoke of the documentary
evidence Obama has thus far abused government power to suppress.
She proclaimed that "opening up such evidence could be an
'embarrassment' to the president."
Itís marvelous that a
supposedly competent legal officer of the United States military could
cram so much prejudicial nonsense into so few words. She refers to
Obama as president. But because, among other things, of her own
action, his status as president is, as the lawyers might say, a fact not
in evidence. If he is in fact not constitutionally eligible for
the office, then he is not president. If he is not in fact
constitutionally eligible, then no lawful authority emanates from him to
the military chain of command. Therefore, Lt.Col Lakin is not
guilty of the charge against him. Judge Lindís language is prima
facie evidence of prejudice, and she should either recuse herself or be
removed from the case.
She suggests that the evidence might be
embarrassing to Obama. Since when is the embarrassment that may
attend the discovery that a public official has sworn or acted
dishonestly a lawful reason to suppress evidence tending to establish
his official malfeasance? Since when does the mere possibility of
such official embarrassment justify suppressing the constitutional
rights of a person accused of a serious crime and liable, upon
conviction, to onerous punishment?
Judge Lindís words appear at
the very least, prejudicial. However, they may also raise the
possibility of serious malfeasance on her part. How has she
reached the conclusion that the evidence in question may be embarrassing
to Obama? Has she received communications to that effect in a
secret way? If so, why did she not publicly indicate the source or
sources of these communications, so that Lt. Col. Lakin could claim his
constitutional right to confront, in a proper hearing, the witnesses
An American military officer is of course subject to
military justice, but it must nonetheless be American justice, not some
covertly influenced and intimidated repression of constitutional right
dictated by the very people seeking to defend their claim to the
constitutional authority in question.
here . . .
|Lakin Decision Ignores Constitution
|Thom Redmond says the military judge who
curiously noted without explanation that uncovering evidence about
Obama's birth records could prove "embarrassing" and denied an officer
the right to obtain potentially exculpatory evidence in a court-martial
simply has forgotten the Constitution, the supreme rule of the United
So says Judge Roy Moore, who battled the politically
correct climate as chief justice of the Alabama Supreme Court a decade
ago and ultimately was removed from office by a state panel that refused
to review the constitutionality of a federal court order.
comments came today in an interview with WorldNetDaily about Lt. Col.
Terrence Lakin, who yesterday was denied permission by Army Col. Denise
R. Lind to obtain evidence that could document Obama is not eligible to
occupy the Oval Office.
Lakin refused to follow his latest
deployment orders to go to Afghanistan, because he was unable through
Army channels to document Obama's eligibility, and Obama himself has
declined opportunities to do so.
Judge Moore, who now operates
through the Foundation for Moral Law, has personal experience with
challenging the powers that be to follow the Constitution. His
dispute centered on a Ten Commandments display he put in a state
building to recognize the God who inspired the Founders of America.
A federal judge opined that the monument shouldn't be there and
ordered its removal. Moore refused, and ultimately was removed
from office by a state commission that he says "blindly" followed the
order without evaluating its legitimacy.
With her decision, Lind
mirrored a number of federal judges who have ruled on civil lawsuits
over Obama's eligibility. They have without exception denied the
plaintiffs' access to any requested documentation regarding the
Lind ruled that it was "not relevant"
for the military to be considering such claims, that the laws allegedly
violated by Lakin were legitimate on their face and that the chain of
command led up to the Pentagon, and that should have been sufficient for
Moore said the ruling is a symptom of a judiciary across
the nation that now believes in following "blindly."
highest law in this country is not the order of the Supreme Court of the
U.S., not the order of the commander in chief, or any subordinate
officer," he said.
Instead, it is the Constitution, which in
this particular case demands that the president be a "natural born
citizen," a requirement not imposed on other officers.
here . . .
|The Right To Present A Defense
|It is most critical to understand the Right to
Present a Defense as one of the few individual rights which continue to
evolve under both federal and state constitutional doctrine.
Though emerging in the same time period as other constitutional rules of
criminal procedure which are often dismissed as "technicalities" which
interfere with the "search for truth," the Right to Present a Defense
recognizes the right of the accused to participate in that "search."
While it would seem logical enough to assert that the accused should
have at least the same right as the prosecution to participate in the
"search for truth," it would trivialize the significance of the
recognition of this as a fundamental constitutional right to think of it
as the balancing side of some logical equation. That is because,
as we all know, the "search for the truth" is less reality than it is
myth. It is an aphorism used to justify a social system which does
not depend upon "truth" for its proper functioning, in either
psychological, anthropological or even legal sense (e.g. Herrera v.
Collins). Indeed, that system has always mistrusted the accused,
her defenders, and her evidence, precisely because, when seen in its
complexity, "the truth" is an obstacle to the underlying ritualistic
function served by singling out members of the community for punishment.
Explaining the ritualistic nature of the criminal process is not the
point of this monograph. I bore people with that elsewhere.
But, when one understands the true breakthrough represented by the
constitutionalization of the Right to Present a Defense, one has to also
understand that, like all true breakthroughs in human social evolution,
the forces overcome are still strong. The doctrine cannot be taken
for granted. It must be exercised, preserved, and advanced, else
it will be tragically forgotten.
I warn advocates that the
primary artifice used to defeat the defendantís right to advance the
defense lies in the attempt to restrict seminal cases, like Washington
v. Texas and Chambers v. Mississippi, to the facts of those cases, and
to dilute the Right to Present a Defense by equating it with mere "due
process" or "fair trial." In order to protect and advance this
right in any specific context, it is incumbent on the advocate to
educate the court to the broadest contours of the right, as outlined
here. It is plainly not enough to simply mouth the words "Right to
Present a Defense." To make a difference, counsel has to be
prepared to articulate why in makes a difference -- at trial and on
appeal -- that the issue concerns this fundamental right. That is
the point of this work. It is hard to believe that more than four
decades have passed since Washington v. Texas and Chambers v.
Mississippi were decided. And yet the Right to Present a Defense
still enjoys far more recognition in the courts than in the law school
curriculum where it should be as basic a component of the education of
young lawyers as any of the other fundamental rights associated with the
criminal trial. While 4th Amendment doctrine is terribly
important, search and seizure questions rarely affect the outcome of
real cases. But every case that is tried presents challenges to
the defense case being developed, presented, heard, and credited.
Nevertheless relatively little, if any, attention is given to this
latter right in the criminal procedure course.
The Right to Present a Defense (.pdf)
|Judgeís Lakin Ruling Could Derail Case
|Jack Minor says a retired JAG officer with over
23 years of experience, says the military judge who ruled against
discovery for a Greeley Army officer may have derailed the governmentís
case based on precedent from another high profile case involving a
Lt. Col John Eidsmoe, a retired Air Force
officer who works for former Alabama Chief Justice Roy Moore at the
Foundation for Moral Law, said Lakin is "raising legitimate
constitutional questions" regarding Obamaís eligibility to be
Eidsmoe said the issue has been around for
several years and was first raised by Phillip Berg, a liberal Democrat
who was a Hillary Clinton supporter.
"If he is a legitimate
citizen of the United States, he could easily clear that up just by
releasing the information to prove it," Eidsmoe said. "When the
national interest is at stake, he has a duty to put personal feelings
aside and show us heís legitimate, if he is."
Last week at a
hearing on the motion for documents relating to Obamaís eligibility
under the Constitution, the judge ruled Lakin did not have any rights to
discovery. Jenson said in the morning the judge listened very
intently and she "found our arguments very appealing." After lunch
she issued a motion ruling against Lakin on all counts. In a
meeting with the press afterwards, Jenson said he "was astonished that
she would leave them with no defense whatsoever." He went on to
say that they were going to be given "no discovery at all" and they
would be barred from "introducing any witnesses on the legality of the
Jensen said that they will immediately appeal the ruling
to the Army Court of Criminal appeals as this ruling completely prevents
them from providing a defense.
In issuing the decision, Lind said
Lakin would not be permitted to call witnesses because it has the
"potential for embarrassment" of Obama. Margaret Hemenway,
spokeswoman for Col. Lakin, said the judge appeared to imply Lakin could
be a racist by asking if this would be happening if Bush were the
In the decision the government stated that
even if Obama is not eligible it would not matter and all actions taken
by Obama would still be valid. They also state that Lakin is "duty
bound to follow the lawful orders of his superiors even if the
eligibility of the President under the constitution is later found
deficient." The issue of Obamaís birthplace is outweighed by "the
danger of confusing the issues" according to prosecutors.
said these statements could possibly cause problems for the governmentís
case based on precedent set in another recent high profile case
involving Lt. Col. Michael Murphy.
here . . .
|Brian Fitzpatrick is reporting
that Lieutenant Colonel Terrence Lakin, a distinguished Army flight
surgeon, is "certain" to be convicted of disobeying orders, according to
his lawyer, Neil Puckett.
LTC Lakin will go on trial December 14
for refusing to deploy with his unit to Afghanistan. The senior
officer questioned the legal validity of his orders because they
originate ultimately with Barack Obama, whose eligibility to serve as
commander in chief under article II of the U.S. Constitution remains
"Based on the evidence available, his conviction is
certain," Puckett said. "He has no affirmative defense for the
offenses he committed."
"There is not much left to do" in
defense of his client, Puckett said. Lakin's previous defense
counsel, Paul Jensen, already "sought discovery of documents, and to
introduce evidence and expert witnesses, but the judge shut down all
During a September hearing, Colonel Denise Lind,
the judge in the case, censored the last remaining arguments Lakin
planned to make in his defense: motive and duty. Lakin had
intended to explain his motive for disobeying the order and contend that
it was his duty as a good soldier to disobey orders that he believed to
Lind also rejected defense requests to call as
witnesses Ambassador Alan Keyes and retired Air Force Lt. Gen. Thomas
McInerney. Keyes was to explain the constitutional issues involved
in the case, and McInerney was to talk about the training soldiers
receive regarding when they should question and even disobey orders.
Stripped by the court of all possible defenses that might have
justified his actions, Lakin has no chance of prevailing at trial.
here . . .
|Lt. Col. Lakin guilty On 3 Counts
|Brian Fitzpatrick says the Army doctor still
fighting most serious charge .
Lt. Col. Terrence Lakin, the
officer who raised questions about Barack Obama's eligibility to be
president only to be struck down by a military court's banishment of
evidence about his concerns, was convicted today by Judge Denise Lind on
three counts of disobeying orders during the first day of his court
Lakin pleaded guilty to four counts related to
disobeying orders, but one count was subsequently dismissed by Lind at
the request of Lakin's counsel, Neal Puckett. Lakin stands
convicted of two counts of failing to obey orders to meet with his
commanding officer and one count of failing to report as ordered to Fort
Campbell, Ky., to join the 101st Airborne Division prior to the unit's
deployment to Afghanistan.
Unlike the civilian legal system, a
military court can immediately convict any defendant who pleads guilty
to a crime.
The Army flight surgeon still is contesting what
most observers consider the most serious charge, "missing the movement"
of a commercial airliner that was to take him to Fort Campbell.
Lakin openly admits he willfully chose to disobey orders to deploy to
Afghanistan over concerns that his orders were not lawful. Lakin
is unsure whether Barack Obama is a legitimate commander-in-chief of the
armed forces because Obama has failed to prove he is eligible under the
U.S. Constitution to occupy the Oval Office.
exposed himself to a court martial in the hope of forcing Obama, during
the "discovery" process, to prove he is eligible to serve as president
by producing identity documents including his birth certificate.
Lakin hoped the documents would establish whether Obama is a "natural
born Citizen," as required of any American president by Article II,
Section 1 of the U.S. Constitution.
Lakin faces a maximum of 18
months in prison and dismissal from the military for the three
convictions. The "missing movement" charge still being contested,
Article 87 of the Uniform Code of Military Justice, "shall be punished
as a court-martial may direct" according to the UCMJ, with the
punishment possibly amounting to four years at hard labor.
reported earlier, Puckett acknowledged the convictions were inevitable
after Lind denied Lakin the right to discovery, and forbade the defense
from producing any evidence or experts who might persuade the court
martial panel, a jury of Army officers, that Lakin's deliberate
disobedience of orders was justifiable.
here . . .
|Obama's Compassion Only Goes So Far
says Barack Obama loves to portray himself as a compassionate
Assuring justice and avoiding unnecessary
punishment is such an obsession, he would have us believe, that he
opposes detaining those participating in acts of war against the U.S.
He even insisted on a civilian trial in New York for the man who
confessed to masterminding the Sept. 11 attacks, but Obama's compassion
does have its limits.
There's one distinguished U.S. Army
officer and physician who appears to be headed to prison soon.
He hasn't committed any crimes. He has served his country
honorably in foreign wars. His reviews by superiors were all
impeccable. Yet, he is headed for a court-martial and a likely
prison sentence and discharge because he wanted to ensure he was
upholding the oath he took as a commissioned officer to support and
defend the Constitution.
Lt. Col. Terrence Lakin wanted to
determine with certainty that the president who was ordering him
deployed to another foreign war was actually constitutionally eligible
to serve in office. All he asked was proof of that simple
requirement in the form of Obama's long-form birth certificate to be
released publicly so that he and the 58 percent of Americans who are
also in doubt as to Obama's qualifications can sleep at night knowing
the Constitution still prevails as the law of the land.
of complying with this request, Obama took a hard line. He has
actively fought all legal efforts to get him to release his birth
certificate as did his rival in the 2008 presidential campaign, John
McCain, when questions about his eligibility arose. Obama has
spent at least $2 million fighting efforts to release his birth
certificate. Still, there are those in the media and elite
political circles who attempt to laugh off this issue.
know why they're laughing. The joke is on them. No one
spends millions of dollars protecting a document as simple and innocent
as a birth certificate, or sends dedicated U.S. military officers off to
prison because it would be inconvenient to release a document Americans
have to produce dozens of times throughout their lives. No one,
that is, except Barack Obama -- or someone else who has something to
Obama has compassion for the worst kind of terrorists and
murderers, but he can't find an ounce of compassion for Lt. Col. Terry
Lakin. Does that make sense? What are the secrets contained
in that birth certificate? Was Obama an overweight child?
Was he born prematurely? I mean, come on, this is a birth
More likely, the birth certificate contains
information that would absolutely undermine and contradict Obama's
entire life narrative as he defined it (or Bill Ayers did) in his
celebrated book, "Dreams of My Father." Maybe his parents weren't
who he claimed them to be.
Of course, that wouldn't disqualify
him for office. In fact, Obama would likely have a better case of
proving eligibility if that were the case. But how could he
explain that? It would mean Obama's compelling life story was all
a work of fiction -- not just most of it, as has already been
established, but all of it. Even the title of his book would be a
lie. Even his name would be a lie.
That would be pretty
shocking -- but would a truly compassionate man let another good person
go to prison to cover up his secret?
|General Predicts Congress Will Review Lakin
|Brian Fitzpatrick says retired Air
Force Lt. Gen. Thomas McInerney is predicting the incoming
Republican-controlled House of Representatives will launch an
investigation if Lt. Col. Terrence Lakin is convicted in next week's
Lakin is on trial for refusing to obey orders to
deploy to Afghanistan. He challenged the orders because he questions
Barack Obama's eligibility to serve as commander-in-chief of the armed
forces. His court martial is scheduled to begin Dec. 14.
"It looks like he's not being treated fairly," said McInerney in an
interview Friday on Denver talk radio station KHOW.
important that he gets a fair trial, which means discovery. 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.
Lakin had hoped through the discovery process to
force Obama to produce documentary evidence demonstrating his birth and
citizenship status so that Obama's authority to give orders as
commander-in-chief would be demonstrated or disproven.
reported earlier, court martial judge Col. Denise Lind, however, simply
declared the orders received by Lakin were valid. Lind refused to allow
Lakin to address the underlying eligibility issues and limited the scope
of the trial to whether Lakin had knowingly disobeyed orders, saying
that providing the documents might prove "embarrassing" to Obama.
McInerney called on Congress to "do its job" and determine whether
Obama is constitutionally eligible to serve as president.
really had a very important point. He is not a birther, he is a
constitutionalist," said McInerney. "Now it shouldn't be the job
of a lieutenant colonel and flight surgeon in the U.S. Army to be the
constitutionalist. It's the job of the Congress and the executive
agency to do that. But we've had 44 presidents of the United
States and only one, the current president, has not shown a valid birth
McInerney suggested Lakin is certain to be
convicted if the court martial proceeds.
"The outcome is evident
to me that this is a slam dunk," said McInerney. "They're not
going to let him really talk about it. They're avoiding the
"The way they conduct themselves is going to be
extremely important for the follow-on investigation for the House of
Representatives," added McInerney, who said the House Armed Services
Committee could hold hearings to determine whether the military handled
the case properly.
here . . .
Related: Top ten reasons for supporting
LTC Terry Lakin, MD.
Related: CDR Charles Kerchner (Retired), the lead plaintiff in
the Kerchner et al v Obama case, will be attending the court-martial of
LTC Terry Lakin beginning on December 14.
Copyright Beckwith 2010
All right reserved