Lakin Court Martial Judge Denies Request For Obama BC

Dr. Terry Lakin

Please also see UPDATE: “Lakin Court Martial Judge Does Not Want to ‘Embarrass’ Obama.”  

The news is not surprising, but today still is a black day for America and for every American who reveres truth, justice, and the United States Constitution.

Col. Denise Lind, the judge in Army surgeon Lt. Col. Terry Lakin’s court martial case, has denied the defendant’s request for discovery documents that include Obama’s school records and his original long-form birth certificate. 

This means the brave colonel’s quest is a quixotic doomed one. By denying the defendant the right of discovery, Judge Lind is handicapping the defense attorneys from presenting their case because she has already presumed there is no legitimate basis for Dr. Lakin’s reason for defying orders to deploy to Afghanistan. The refusal by Lakin, a recipient of the Bronze Star, to follow the Army’s orders is based on his skepticism about the legitimacy of those orders due to the unproven, and therefore questionable, constitutional eligibility of the person at the top of the chain of command, President and Commander-in-Chief Barack Hussein Obama.

Please pray for Col. Lakin, the sacrificial lamb….

~Eowyn

Md. judge denies request for Obama school records

Associated Press – September 2, 2010 3:04 PM ET

FORT MEADE, Md. (AP) – A military judge in Maryland has refused to order the release of school records that could include a copy of President Barack Obama’s birth certificate.

The documents were sought by an Army doctor, Lt. Col. Terrence Lakin, who is being court-martialed for disobeying a deployment order because he doubts Obama’s qualifications to serve as commander in chief.

The judge ruled Thursday that those records and any other evidence or witnesses pertaining to Obama’s birth are not relevant to the case and will not be admitted. Prosecutors have argued that Obama’s birth certificate shouldn’t be part of the case, especially since the order for Lakin to deploy to Afghanistan didn’t come directly from the president.

Lakin’s lawyer has argued that if Obama isn’t a natural-born citizen, any military order given under his administration is unlawful.

*****

Previous Fellowship posts on LTC Lakin:

3-Star General Supports Army Surgeon Lakin,” September 1, 2010.

Lakin’s Trial Tainted by Prosecutorial Misconduct,” August 19, 2010.

Army Threatened to Taser Lt Col Lakin,” August 13, 2010.

Army Gags LTC Lakin,” August 8, 2010.

Army Proceeds to Court Martial Dr. Lakin,” August 2, 2010.

44 responses to “Lakin Court Martial Judge Denies Request For Obama BC

  1. THERE IS NO JUSTICE . TAKE TO THE STREETS. General strike needed. Our Founding Fathers await our response.

    • I deeply respect LTC Lakin for having the fortitude to stand his ground for what he believes in. I would however would have liked to see him just resign his commission and choose a different platform with which to present his case. As a former military man I can tell you that he has ended his career and that instead of being able to resign with dignity he will be reduced to nothing and lose everything. On top of that his family is also being directly effected by all of this. A conviction by court martial carries a felony conviction. It would have saved him and his family a great deal of suffering and shame had he just resigned. There is a time and place for everything. This was not the time and the military is not the place. This organization is too large to challenge while you are part of it and it will chew you up and spit you out. I already know how this will end and it will not be in LTC Lakin’s favor. Counting the cost for yourself is one thing but when your family will also pay the price for your decisions then you need to think things through a bit more. Welcome to Rome. Hail Caesar!

      • Hi, Jorg,

        I agree with you on your analysis and prognosis. However, I beg to ask this question: What then is the right/appropriate platform?

        As you probably well know, beginning even in the 2008 campaign season, countless lawsuits challenging Obama’s birth eligibility had been filed in courts all over America, including up to the Supreme Court itself. In every case, the judge involved dismissed the lawsuit on procedural ground, claiming that the plaintiff(s) lacked “standing” (i.e., the plaintiff has no interest and is not affected by the case), despite the plaintiffs being from a wide cross-section of American society. There were ordinary citizens/voters, attorneys, retired and active-duty military officers, even a 2008 presidential candidate, Dr. Alan Keyes. But they all lacked “standing”!

        And so, not a single lawsuit even made it to the status of getting a hearing in court.

        Dr./Lt. Col. Lakin, being a surgeon, obviously is an intelligent man. With almost 20-years of service in the Army, he should and does know everything you pointed out. I believe Lakin sought this “platform” because all the other “platforms” had failed. I believe he probably knows his quest is quixotic, but he hopes the entire corrupt pre-trial process and the court martial itself will reveal THE TRUTH to those Americans who pay attention. As a true patriot, he is deliberately sacrificing himself (and his family) for America. I trust he had discussed all this with his family and obtained their consent. What he is doing is not really that different from what our military men and women IN COMBAT do every day. They too put their lives and their families’ wellbeing in jeopardy.

        • Hi Eowyn,
          Thank you for your reply :-)

          I believe first and foremost that prayer and patience would be the first appropriate platform with which to take a stand on any issue. I have seen in my life that everything works itself out in its own time. The next platform is a class action suit and people can file as many of those as they wish as many times as needed until they accomplish what they are seeking.

          Now the question I have is, how is it that with all of the technology that we have at our disposal today that some high tech hacker hasn’t gotten a hold of these documents in question? We can leak information about secret military operations in Afghanistan but we can’t get an electronic copy of a birth certificate?

          Look, those of us who have ears to hear and eyes to see know that we are looking at the USA the same way many looked at Rome prior to it falling. Rome had a good thing going until it became completely and utterly corrupt. Does this sound familiar? History does indeed repeat itself and the results and consequences are always the same. One day soon we will probably see a new book titled, “The Rise and Fall of the American Empire” There is no perfect system or form of government in the world. We can only learn to survive and adapt as so many before us and after us have and will do.

          Remember the Serenity Prayer? God grant us all this kind of wisdom and patience.

  2. eowyn, you and I have discussed this before, and it was clear from the beginning that the LTC’s quest was a “quixotic doomed one.” I and many others have explained that, under the law, the judge had no choice but to rule as she did — LTC Lakin’s view of the President’s eligibility, even if 100% correct, does not constitute a legal defense to the crimes of which he stands accused.

    It’s hard to blame the military for this — military law on this subject has remained the same for many years, and the outcome was entirely predictable. LTC Lakin even received a counseling letter before he committed his crimes pointing out that the defense he was planning to use would not be considered valid.

    As I’ve said before, the blame belongs with the man who made the decision, LTC Lakin himself — and with those who encouraged him to make this sacrifice even though it was clear from the beginning that he would gain nothing and lose much.

    Those who cheered his self-destructive path should be ashamed of themselves.

    • Ever hear of jury nullification? When a “law” is blatantly LOUSY, the people have the RIGHT to ignore it!!!

      You dickheads that call yourselves “lawyers” are just a pack of disgusting “yes” men…cowards to the bone; and that’s why war crimes are still being committed by the United States. Congrats!

  3. Lt/Col. Lakin has taken a hit for all of us!!!!! He’s courageous for doing what he has done. He’s taken a stand for something he believes. I don’t for one moment believe the Dictator in Chief is Christian in his heart. Wright’s Church is not exactly Christian. It’s black liberation theology, which is a whole different barrel of apples. I believe Obama’s joining a church was a ruse and convenience to his political agenda. Reading both his books in early 2008, gave me insight as to Obama’s true negative feelings for this country. He’s not an American in a real sense. He has no real allegiance to this country. He is completely detached from this country . It’s all about power

  4. Lawyerwitharealdegree

    Well I don’t believe you are a real Christian, based upon what you said in your post. What did Jesus say about judging what is in the heart of another? Hmmm? What do the gospels say about making a show of your religion instead of living it? Hmmm?

  5. I am with you, my friend.

  6. The FRAUD’s records have EVERYTHING TO DO WITH THIS CASE-NEVER BEFORE HAVE THE PEOPLE OF THE UNITED STATES OF AMERICA OR OUR MILITARY BEEN PUT IN THIS KIND OF POSITION.

  7. The people is to blame for voting this illegal into the White House they should have done their research instead of listening to what they were told.

  8. Sorry Wonder Woman,the Secretaries of State should have legally performed their duties, THEY DID NOT!

    • You got it right, Tina! Let’s not forget:

      1. Nancy Pelosi and the Democratic Party Committee who signed off on The Fraud’s eligibility.
      2. John McCain and the Republican Party who did not make his elibility an issue during the ’08 campaign.
      3. The MSM for not investigating The Fraud.

      • Eowyn, have you ever wondered why John McCain didn’t make an issue out of eligibility? I have. And I think we got at least part of the answer recently from Linda Lingle.

        Do you know her? She is the Governor of Hawaii. She’s a Republican, and she was out on the campaign trail with McCain. In a recent interview — as reported by WorldNetDaily (www.wnd.com/?pageId=150125) — she said:

        “This issue kept coming up so much in the campaign… So I had my health director, who is a physician by background, go personally view the birth certificate in the birth records of the Department of Health, and we issued a news release at that time saying that the president was, in fact, born at Kapi’olani Hospital in Honolulu, Hawaii. And that’s just a fact and yet people continue to call up and e-mail and want to make it an issue…”

        If she passed that information along to McCain, it’s no wonder he chose not to make an issue of it.

        Just sayin’…

        • John McCain didn’t make an issue of eligibility because he took the high road of being an adult and a gentleman, something left/liberals abandoned long ago because they felt image was better. Being the bigger man, which always carries the risk of being seen as a “loser” by ignorant/obnoxious people, cost him the election. People reason emotionally and justify it by whatever they like that they can make fit– refusing to wallow in the mud gets seen as being a sissy when people want-to.

        • ArthurB,

          If your account is true, then McCain is an even bigger fool than I had thought. Yup, we’ll just take Lingle’s word! I’ll try that the next time I apply for a driver’s license, a passport, or a job!

          • So tell me, what would Linda Lingle’s motivation have been to lie to McCain and possibly cost him the election at the same time she was out campaigning for him?

            • Sorry, is that supposed to be an answer to my question? “What would Linda Lingle’s motivation have been to lie to McCain and possibly cost him the election at the same time she was out campaigning for him?”

              • Steve — well, maybe, but that one is a “when-did-you-stop-beating-your-wife” kind of question.

                In many of these discussions over the months I have asked birthers to back up their claim that Obama has “spen[t] [$XXX] to cover his whole paper trail” — in fact, congratulations, 2 million is the highest I’ve seen so far!

                But I’ve never gotten a straight answer. I can’t answer your question if I think it’s based on a false premise. What reason do you have to think your figure is correct, or even close to correct?

            • Who knows? What an odd person you are. Why is the onus on me and others who question Lingle’s credibility to come up with her motive?

              Why are you, ArthurB., so lacking in curiosity? I and millions of Americans want to see Obama’s original LONG-FORM, court-certified birth certificate with our own eyes, instead of take the word of a politician when our politicians, again and again, have been shown to lie through their teeth.

              Our government would not take the word of ANYONE certifying that s/he has seen my birth certificate in order for me to acquire a driver’s license, passport, and a job. When I applied to teach at a university, each time I had to produce my Certificate of Naturalization (I wasn’t born in the USA). Why are you so uncurious and so trusting that you’d settle for a politician’s word when it comes to the most important job in our country — that of POTUS?

              • Eowyn –

                I’m not at all sure what you mean by “court-certified birth certificate.”
                Maybe it’s because you weren’t born here, but birth certificates are not certified by courts, they’re certified by states. And the President’s COLB is exactly that, it bears the seal of the State of Hawaii. It is the standard Hawaiian form of birth certificate, used and accepted every day.

                So I guess I don’t understand what you’re getting at. If COLBs are normally accepted as absolute, full legal proof of when and where someone was born, why should we expect anyone to provide additional proof? In our country, we don’t normally require people to keep proving things they’ve already proved.

                • All you’ve done, Arthur (aka JustWondering), with your repetitive tiresome comments on my blog is to demonstrate your abysmal ignorance. You do not even know the difference between the state of Hawaii’s Certificate-of-Live-Birth (COLB) and the primary document — the long-form birth certificate from which the secondary document COLB is generated.

                  What Hawaii claims to have is the secondary document, the COLB, which merely certifies that a live human birth had taken place. Hawaii does not have Obama’s primary long-form BC.

                  To see the many and important differences between COLB and the long-form BC, GO HERE.

  9. Joseph E Fasciani

    Greetings!
    Once again, Eowyn has it right: “Please pray for Col. Lakin, the sacrificial lamb….”

    For all the Pharisees out there promoting military law, etc., may I remind you that our Constitution is the Supreme Law of the Land, and this has been understood for a long time.

    The Pres MUST be a citizen as qualified under those statutes: NO ONE is above the Constitution! No one, as in NOT!! Not even military law, which, if we are to believe those who think it does, then we are all doomed, as the military has well and truly taken the USofA into the USSA w/o a shot fired!

    Army doctor Lt. Col. Terrence Lakin has got it right: as a US citizen he must obey the Constitution, and so must his sElected President, the Obamamama, the wunderkind of the Pritzger’s –Chicago’s biggest realty moguls– mid-wifery, so ably assisted at the creature’s birth by the very deep pockets of Goldman Sachs.

    Now do you understand why so many of the bankster goons appointed by the Obamamama are from Goldman Sachs? In Chicago, where I was born and raised, it’s called “payback time”, and never forget it. Or else.

    Finally, for those who read the Bible in one of its more than 2500 versions, recall the role of the Lamb, and who it is that is set against Him. Just take enough to really think about it before you react.

    All best, Joseph

  10. Picture ImamObamahammed running to catch up with a rapidly accelerating C-47 at Reagan National, with George Soros standing in the door with his hand extended, and Robert Gomer Gibbs right behind Obama, screaming “Wait for me! Wait for me…………………………!”

    That is the only mental image that keeps me going at this point.

    No joke.

    -Dave

  11. CONFLICT OF INTEREST
    The Military Brass don’t give a rat’s ass about their oath and the constitution. Not any better than the judicial Branch in that respect. They are protecting their promotions and pensions.

    Also, it is impossible for Lakin to get a fair trial in a military court, because this court is part of the Executive Branch. Who is the boss of the Executive Branch? There is an obvious conflict of interest. The Judicial Branch handling the civil suits are, at least theoretically (not practically), independent from the Executive Branch, based on the Check and Balance principle.

    Face it: The underlying assumption of the defense of this case is that he can get a fair trial. This assumption is very naïve. This is a Soviet-style court and unfortunately they will send him to Siberia-like place, at best, or a mental hospital . Same fate as the dissidents in the past in the SU.

  12. Jay Leno:
    “President Obama said he can’t walk around with his birth certificate plastered on his forehead. Apparently he was reacting to new polls that show 1 in 5 Kenyans now believe he was born in Hawaii.”

  13. RE: “Eowyn, have you ever wondered why John McCain didn’t make an issue out of eligibility? … Linda Lingle. …If she passed that information along to McCain, it’s no wonder he chose not to make an issue of it. (Arthur B)”

    It is obvious why McCain and the GOP, including Cheney did not protest: McCain himself is not nbc. The Congress’ resolution to make him nbc has no legal validity. The GOP would be embarrassed by the nomination of a non-nbc, as they know that SCOTUS, if requested by Congress, would almost surely decide that neither McCain nor his opponent is nbc.

    Linda Lingle is not SCOTUS. Only SCOTUS can define nbc. There is no acceptable explanation by Lingle or anyone so far, for why not just release the certified and verifiable long-form. All the talk is skirting that issue.

    The Executive Branch and the Judicial Branch are protecting the secret, tooth and nail. People are not stupid, they know if the police stops someone for questioning, if he runs away it means hiding some impropriety. This issue will not go away. They would be better off releasing the long-form now than later.

  14. RE: “eowyn, you and I have discussed this before…I and many others have explained that, under the law, the judge had no choice but to rule as she did — LTC Lakin’s view of the President’s eligibility, even if 100% correct, does not constitute a legal defense … (Arthur B)”

    Not according to you.

    However, discovery is the heart of this case. If the defendant is not allowed discovery he is deprived of his right of defense. The defense attorney, the three-star retired general, and many legal experts stated something to that effect.

    Are they all wrong? Or the military, as the civil case judges are protecting a
    secret tooth and nail?

    • @Chester — “Are they all wrong?”
      __

      I doubt it, but you’ll have to be more specific about what they said if you want me to comment on it.

      There is widespread agreement that people accused of crimes are entitled to put on a defense. But that entitlement is not open-ended; there are specific rules that explain how the proffered defense must be relevant to the charges being defended against.

      In the case of failure to obey orders, it is a legal defense to argue that the order was “facially invalid” — in other words, the defendant can claim that he was ordered to do something that was in itself illegal, like killing civilians. However, it is not a legal defense to claim that, even though the order was to do something legal, someone higher up in the chain of command wasn’t entitled to be there.

      It seems to me that all the opinions of military lawyers and judges have been consistent on that point, but if you have evidence to the contrary I’d like to see it.

  15. Petition for Recommitment to the Declaration of Independence, please pass on.

    We the undersigned have understood the true meaning of the below document. Again we find ourselves suffering at the hands of TYRANTS. This petition is to recommit ourselves to the founding values, primary of all that LIBERTIES come from our CREATOR and not men. That being so, they only govern with the consent of THE PEOPLE. We are declaring independence from tyrants, the elite and those that wish harm to our REPUBLIC. Even coming out of silence the tyrants continue to plot our demise. WE THE PEOPLE declare to be free men and women and we will be lied no more.
    GOD BLESS THE USA

    http://www.petitions24.com/recommitment

    Sergio Nazario
    Common Sense Patriot

    To Defend the Truth
    We, the citizens of the United States of America, commit to support each of its agenda items and advocate on behalf of individual liberty, limited government, and economic freedom. We as patriots have many things we can do to return our country to the values that made or country great. You as an individual can sign and share this with friends. As a point of issue this should be referred to your local politicians for review. We have had a great impact as patriots in the last year with grass roots movements and at some point we will have candidates that are not of our Conservative values. This could be used as a tool for holding candidates and politicians presently in office to adhere to higher standards expected by Americans. I suggest you send this to all and expect a response and act accordingly.

  16. the only thing left to find out is if Lind is a Martian or not?..,and if not…what have they got on her….how is she being blackmailed?…and which Martian is doing it?

  17. “I was just following orders” was a defense denied the accused in trials after World War II. This placed every soldier thereafter in the position of having to assess the legitimacy of his orders, which cannot afford him legal protection for his actions.

    Is the war in Iraq legal? The Secretary General of the UN (Kofi Annan) said it was not. Who is the arbiter of this matter? It could hardly be a soldier’s immediate superior. Is it the President? If so, then surely the legitimacy of the person holding that office is directly relevant.

    Unfortunately, often judges do not even attempt to adjudicate impartially. For one, in rendering verdicts they also take into consideration such concerns as social stability (as they see it). This is why they sometimes make examples of certain defendants. Of course this practice has nothing to do with dispensing justice.

    This is why politicians, judges, policemen, etc. often enjoy special protection from punishment. If wrongdoers in these groups were rigorously prosecuted, it would undermine confidence in the status quo to such an extent that it would become inoperable.

    This is a conflict of interest that is constantly at play in the judicial system, and it appears to be affecting the progress of this case.

    As the injustice of the system becomes more and more flagrant, the pressure to cleanse it of such pro-establishment bias will grow, until, if unreformed, it will simply collapse.

  18. Rule of Law = A fuzzy feel good term intended to protect the gimmee’s from the gives.

  19. The Obama “Presidency” Is The Most ILLEGAL, CRIMINAL & TREASONOUS ASSAULT & SUBVERSION OF OUR U.S. CONSTITUTION & 50 STATES COMPRISING THE UNITED STATES OF AMERICA !

    I’VE SAID THIS SINCE 2008–AND I WILL CONSTINUE TO SAY & PROCLAIM THIS UNTIL THE DAY THAT I GO HOME TO BE WITH MY LORD, GOD & SAVIOR: THE LORD JESUS CHRIST OF NAZARETH IN ISRAEL ON EARTH AS HE IS IN HEAVEN ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

  20. Tears of the Moon

    Excellent article, I posted & linked it from my blog. Hopefully that is ok with you, if not please let me know.
    http://ausbullion.blogspot.com/2010/09/court-martial-judge-denies-request-for.html

    ~ Truth is no defense

  21. You are right Tony,just read a pretty good article on Judge Lind,she is taking orders from an illegal Commander and Chief,therefore,nothing is set in stone until he proves otherwise.period.

  22. @ Arthur B __
    RE: “I doubt it, but you’ll have to be more specific about what they said if you want me to comment on it.”

    I would have to repeat what Jensen and the rest of the people I mentioned said. But this is available to you on the internet.

    RE: “However, it is not a legal defense to claim that, even though the order was to do something legal, someone higher up in the chain of command wasn’t entitled to be there.”

    Lind indirectly admitted that if an officer in the chain of command illegally occupies his position in the chain, can be called to prove that he is occupying that position in accordance with the constitution, when she said that Lakin should have been satisfied to check the legality of the command-chain up to the Pentagon. In that part she is right. Where she is wrong, of course, is that the “stop at the Pentagon” postulation is her own invented theory based on nothing.

    Just look at a common sense hypothetical scenario. During WW2 a German citizen and officer who was brought up in the US and speaks accentless English volunteers in the US military (claiming that he is a US citizen). With promotions he achieves some military rank. Lets call him Hans.

    On the battlefield in Europe an American low level soldier, call him Bill, learns about Hans’ German citizenship and contacts and complains to the upper brass. Bill says he will not take orders, if Hans is in the chain of command, until Hans verifiably proves that he has not misrepresented his citizenship.

    According to your theory Bill has no right to complain as long as Bill can not prove that Hans has given an illegal order, and no right trying to save his fellow American solders, because, “it is not a legal defense to claim that, even though the order was to do something legal, someone higher up in the chain of command wasn’t entitled to be there.”

    Your “even though the order was to do something legal” is troublesome. Generally it was legal to attack Germans. However, Hans could have received a message from his German handlers to order the US soldiers into a trap.

    It is clear that every person in the chain of command must possess his military power in accordance with the constitution. Furthermore, an illegal person’s orders are illegal regardless of the intention of the order.

    • Well, Chester, there’s no point arguing with me about it. I’m not the one making the decisions.

      But you’ll have to admit, my response to you was entirely consistent with the ruling made by COL Lind, as well as the ones made previously by LTC Driscoll, and all the comments I have read by actual military lawyers and experts on military law say pretty much the same thing.

      Of course, you can argue that they’re all wrong, and maybe you’ll get somewhere. But somehow I doubt it.

  23. You claim to care about America, but you really don’t. You do not even follow the words of Jesus Christ. If you did, you would not give prominence to birther lunacy! The President of the United States was born in Hawaii, but black men can not be President, therefore, he must have been born in Kenya. That’s what this is all about. Write me if you care to disagree – DUStory-owner@yahoogroups.com

    • Hey, Roger (who lives in Berkeley, CA!):

      Don’t you Progressives Commies ever get tired of playing that same old tiresome RACE card? Y-a-w-n…. Such a lack of imagination.

      Unlike you, we actually see past Obama’s skin color to the content of his character. We don’t need to invoke race to object to his Marxist ideology, Alinsky tactics, and ruinous policies.

      How are you liking all that Hope and Change and the $13.5 trillion debt he’s saddling your children and grandchildren, um?

  24. Is there a class on Paranoia y’all take? Go find Obama’s long-form birth certificate in Hawaii hospital we don’t think he needed to release except to duct tape mouths of racists, incld’g Trump the Hater. Now show us Sarah Palin’s h.s. diploma.

    • donna wade,

      You’re an idiot.

      1. Hawaii hospitals don’t release birth certificates; the Hawaii state government does.
      2. No Hawaii hospital had ever admitted that Obama Jr. had been born there.
      3. The so-called birth certificate Obama claimed to be his has been examined by document forensics experts and found to be a fraud.
      4. Sarah Palin doesn’t need to show us her high-school diploma because — pay special attention! — she is a college graduate!!!!
      5. Questioning the authenticity of Obama’s birth certificate doesn’t make anyone a racist because going by your ridiculous illogic, your questioning Sarah Palin’s high school diploma makes you an anti-white RACIST!

      You are pathetic. No wonder Obama got elected. I weep for America.

    • Raaaaaacist! How original. Brilliant! Yawn….

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