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Lt. Col. Terrence Lakin

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US Army Lt. Col.

Terrence Lakin

says, "show me."

Items on this page archived in order of discovery.

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 guidelines carefully:

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
Fort Leavenworth, KS 66027

Army Officer Seeks Truth About Obama’s Eligibility

Bob McCarty reports that in a news release today, Army Lt. Col. Terrence Lakin said he is wiling to risk a court-martial in order if that’s 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. Casey’s pilots and air crew.

This video provides an overview of his argument (03:01)

"I am today compelled to make the distasteful choice to invite my own court martial, in pursuit of the truth about the president’s eligibility under the constitution to hold office," said Colonel Lakin.

The news 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. Obama’s 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 Administration’s "transparency" initiative, the colonel believes many U.S. citizens are also demanding release of the original birth certificate, educational records, and other documents.

Colonel Lakin’s numerous awards and decorations include the Army Flight Surgeon’s 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.

The American 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 foundation’s SafeguardOurConstitution.com.

Hat’s 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 and Afghanistan.

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 officer’s 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 9/11.

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 identity–the 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 physician’s or midwife’s 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 hearing examined and (incorrectly) affirmed his "natural born" status and Constitutional eligibility to serve as President. The U.S. Senate was silent about your eligibility, despite 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 harm’s 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.

Respectfully,

Lieutenant Colonel 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 eligibility.

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 supporters.

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" citizen.

The Army "unofficially" recommended a medical evaluation, which Lakin refused. Now, the Army has issued a "counseling form" warning Lakin his deployment orders are valid.

I find it interesting that the U. S. Army has carefully worded its threatening document, using the term "native born" in describing Obama -- a descriptive that Obama himself uses on his Fight the Smears website.

Once again we see the dissimulation, substituting "native born" for the real issue, "natural born."

Give Obama "native born." Give Obama the Hawaiian birth -- even if it isn't so. He's remains ineligible because his daddy -- if Senior is his daddy -- was a foreigner. That fact, which Obama himself cops to, makes him ineligible to serve as POTUS -- the man is an usurper, in office as a result of a coup d'état.

Here's more info on Obama's status, and be sure to click the link in red, describing all the possible ramifications of Obama's mysterious life.

Don't Touch My Brain

This report is straight out of old Joe Stalin's Soviet Union.

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.

A 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.

The suggestion 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 said.

Continue reading 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.

Continue reading 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 nation’s 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 Lakin’s 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.

Lakin 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.

Here are 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 investigation."

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 … 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."

Continue reading 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. military.

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 website.

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 denied.

"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 law."

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 Martial Likely

TPMMuckraker is 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 Friday.

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 yet.

Bring On The Evidence

Bob Unruh 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.

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."

Army Refers Charges Against Lakin To Court Martial

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 Lakin’s 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 Department’s 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 Obama’s eligibility. So far, more than 200,000 people have viewed that video.

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 Lakin’s legal defense. Further details are available on the Foundation’s website.

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 Obama’s 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.

Lakin 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.

Army Major 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 development.

While on active duty, General Curry’s 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.

General Curry lamented that members of the military were having to raise the issue "It shouldn’t 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."

Continue reading here . . .

General Curry makes two outstanding observations:

"...a good leader would gladly produce the documentation and put this issue to rest."

"It shouldn’t be the Lieutenant Colonels, Sergeants and Generals in the Army, it should be the Congressman and Senators..."

Officer's Defense Team Demanding Obama Documents

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.

"I can't 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.

Continue reading 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."

Lakin 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.'"

The 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.

Continue reading here . . .

Related: Terry Lakin Gets a Public Retraction from CNN Anchor

General Says Obama Records Are Critical To Our Republic

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 nation itself.

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.

"Officers in 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."

He 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 imagined."

Officials said McInerney is the highest-ranking officer yet to lend public support to Lakin.

Continue reading 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 records.

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.

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 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 defense.

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.

There's more here . . .

Well, we mustn't embarrass Obama.

This is the same argument Obama's lawyers presented in the original "Birther" case filed by Phil J. Berg, Esq, a former Deputy Attorney General of Pennsylvania; former candidate for Governor and U.S. Senate in Democratic Primaries; former Chair of the Democratic Party in Montgomery County; former member of Democratic State Committee, back in 2008.

The Obama team contented itself with a motion to dismiss the case and a protective order. In these motions, Obama’s lawyers argued that revealing the information (birth certificate, citizenship in other countries, college admissions records etc.) would "cause a defined and serious injury" to Obama and/or the DNC. They argued that revealing these documents raises a "legitimate privacy concern" and the above mentioned risk that "particularly serious embarrassment will result from turning over the requested documentation."

Makes you wonder, what's on that birth certificate -- or not on that birth certificate -- that could be soooooo embarrassing to the Obamamessiah?

The statement by Col. Lind that, "the chain of command led up to the Pentagon," is patently false -- and she knows it. The chain of command is required knowledge for every soldier, sailor, airman and Marine. It goes, unbroken, from the President of the United States to the lowliest private. It doesn't begin and end with the Pentagon -- a term that describes a building or an organization -- and the Pentagon is most definitely not in the chain of command.

The AUTHORITY of any civilian official, commissioned, or non-commissioned officer to issue orders originates with the Commander-in-Chief, the President of the United States. So, what if the CiC is bogus?

Is Lakin’s Court-Martial An American Dreyfus Affair?

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. Lind’s 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 Obama’s eligibility for the Office of President has been investigated and resolved by the decision of a properly constitutional authority.

The Judge’s 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 elite’s 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."

It’s 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 Lind’s 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 Lind’s 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 against him?

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.

Continue reading 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 States.

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.

His 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 president's eligibility.

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 Lakin.

Moore said the ruling is a symptom of a judiciary across the nation that now believes in following "blindly."

"The 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.

Continue reading here . . .

I've lost count of the number of lawsuits filed that question Obama's eligibility. There's been at least 50. What I do know is that no plaintiff has ever been heard, and no evidence has ever been presented in any of them. Every case has been dismissed because the plaintiffs didn't have "standing" -- a finding that is clearly absurd.

The People and the Constitution be damned. Mustn't "embarrass" the anointed one.

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 defendant’s 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)

Judge’s 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 government’s case based on precedent from another high profile case involving a military officer.

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 Obama’s eligibility to be commander-in-chief.

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 he’s legitimate, if he is."

Last week at a hearing on the motion for documents relating to Obama’s 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 order."

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 commander-in-chief.

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 Obama’s birthplace is outweighed by "the danger of confusing the issues" according to prosecutors.

Eidsmoe said these statements could possibly cause problems for the government’s case based on precedent set in another recent high profile case involving Lt. Col. Michael Murphy.

Continue reading here . . .

Conviction Certain

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 unproven.

"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 those efforts."

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 be illegal.

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.

Continue reading 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 martial.

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.

Lakin deliberately 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.

As 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.

Continue reading here . . .

Judge "Lind denied Lakin the right to discovery, and forbade the defense from producing any evidence or experts" -- pretty good definition of a kangaroo court -- no discovery, no evidence, no experts -- no defense.

A decorated military physician, with 18 years of honorable service, goes down because Obama refuses to release his birth certificate.

Obama has been fighting the release of his birth certificate (and other documents) for three years now. Kinda makes one wonder, what could possibly on (or not on) that document that Obama is so afraid of?

Obama's Compassion Only Goes So Far

Joseph Farrah says Barack Obama loves to portray himself as a compassionate humanitarian.

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.

Instead 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.

I don't 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 hide.

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 certificate!

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 Case

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 court martial.

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.

"It's 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. Leavenworth."

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.

As 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.

"[Lakin] 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 certificate."

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 issue."

"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.

Continue reading 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.