Judge In Lakin Court Martial Makes Defense Impossible

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UPDATE #1: On Sept. 27, 2010, Lt. Col. Lakin’s defense counsel, Paul Rolf Jensen, filed a Writ of Mandamus and an application for a stay of proceedings on behalf of Lakin with the United States Army of Court of Criminal Appeals. Jensen’s petition asks the Court to (1) order military judge Denise Lind to vacate her order denying Lakin’s discovery requests; and (2) until the Court rules on Jensen’s petition that all proceedings will be stayed before the military judge. To read Jensen’s petition, CLICK HERE.
UPDATE #2: Dr. Lakin’s court martial, originally scheduled for Oct. 13-15, has been postponed to November 4, two days after the critical mid-term elections. One cannot help but wonder if the Army fears a verdict of guilty would cause even more Americans to vote against Obama and the Democrats.
Lt. Col. Terry Lakin, the brave Army surgeon who is putting his liberty and career in jeopardy by questioning Obama’s constitutional legitimacy as Commander-in-Chief, is dealt another devastasting blow to his defense today.
Prior to today, military judge Col. Denise Lind already made Lakin’s defense daunting by ruling against the defense counsel’s request — as part of the discovery process — for Obama’s concealed documents, including his Honolulu kindergarten records and his long-form birth certificate. The reason for Lind’s ruling? — she does not want to “embarrass” the president.
Today, Judge Lind dealt another blow when she ruled against allowing Lakin’s attorneys to use motive and duty in their defense. This ruling effectively strips his attorneys from mounting ANY defense of Lakin, who has put his personal liberty, professional career and reputation at risk for a simple cause: he takes seriously the military officer’s oath of office that he “will support and defend the Constitution of the United States of America against all enemies, foreign and domestic.” In other words, a U.S. military officer is duty bound to give his allegiance to the Constitution and not to the person who’s President.
Brain Fitzpatrick of WorldNetDaily reports, September 28, 2010:

The rulings came today from Col. Denise Lind, who, in effect, told Lt. Col. Terrence Lakin to pound sand. Rocks actually. He faces up to four years at hard labor if convicted in his case.
“We got absolutely slammed today,” said Paul R. Jensen, lead counsel for the defense. “It’s impossible for us to have a fair trial under these rulings. The judge did what she thought was right, but the result is to deprive us of any opportunity to have a defense.”
Lakin believes any order issued under Obama’s authority as commander in chief of the armed forces may not be valid because his eligibility to serve as president is unproven. After fruitlessly requesting the Army to verify Obama’s eligibility to serve as president, Lakin wrote directly to Obama asking for proof of eligibility. But without a response, Lakin decided it was his duty to refuse an order to deploy with his unit as part of Obama’s Afghanistan surge. As one of the defense briefs states, he “… [took] the distasteful route of inviting his own court martial.”
Note: A legal-defense fund has been set up for Lt. Col. Terry Lakin. Click for information.
In her decision, Lind, acting as 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 believes to be illegal.
The defense also planned 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.
Lind was following up on her rulings from Sept. 2, when she rejected defense plans to introduce evidence concerning Obama’s eligibility. The defense also requested for Lakin’s defense documents referencing Obama’s birth records on file in Hawaii, but Lind refused to allow that either, noting that providing the documents might prove “embarrassing” to Obama.
“Our arms were cut off last time,” said Jensen. “Our legs are being cut off this time.”
In rejecting Lakin’s right to discovery of Obama birth documents, Lind joined a host of other judges – in civilian courts – who have refused to allow plaintiffs suing Obama to obtain his birth records. Jensen told WND he had hoped the court would permit Lakin to go to discovery, because Lakin is the defendant in a criminal case and has the right to mount a full defense.
In objecting to the participation of Keyes and McInerney and the presentation of Lakin’s planned arguments, the prosecution argued that all issues related to Obama’s eligibility, Lakin’s motives and the good soldier doctrine were “irrelevant.”
“We have to have the opportunity to present some defense!” Jensen countered.
Just before Lind recessed the hearing to prepare her decision, Jensen asked rhetorically whether the government intended to allow him to call any witnesses at all and thundered, “This is all we had left!”
Jensen’s pleas fell on deaf ears. Less than two hours after the court recessed following arguments, Lind returned to the bench to render a lengthy, detailed decision. Reading in a dry monotone, Lind reaffirmed her Sept. 2 decision and ruled out discussions of motive and duty.
Lind, with her rulings, effectively has restricted the scope of Lakin’s trial to what the government wanted: the simple questions of whether the officer had received orders to deploy to Afghanistan and whether he complied. Neither of these facts is in dispute.
But Jensen said the trial will not end the case. “We will look to appellate courts for justice. With these constraints it’s not possible here,” he said.

To read the rest of the WND article, CLICK HERE.
H/t beloved fellows Steve and Tina.

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0 responses to “Judge In Lakin Court Martial Makes Defense Impossible

  1. Lind is dead wrong. She behaves more like some liberal acitvist 9th circuit court of appeals judge than a military one. Shame on her for shutting down the defense like this. When someone is fighting for their very liberty, they should be able to present as much evidence as possible to the court martial.

  2. Joseph E Fasciani

    I am contacting my entire world-wide links with this, from Jeff Rense to all the veterans I know, and I know a LOT, and they are angry, and they are patriots, and THIS WILL NOT STAND!
    By the time I, a member of the Society of Friends by convincement, get this angry, you can believe that I am as mad as Hell, and the time is ripe –as former officers of counter-intelligence have told me– for blood and truth.
    Enough said, do what you must and can. The truth is on our side, from Sept 11 to this travesty. God be w/you all!

  3. bus loads of his supporters must show up and demonstrate their support.
    the leftist bolsheviks always seem to have hordes of protestors at any given pivotal event.. jenna 6 outrage comes to mind (6 black youths beat the crap out of a white kid, absolutely a racist hate crime) busloads of loud angry blacks protest and invade the surrounding community and challenge the verdict yelling racism over and over.. sort of like a 50’s sci fi horror movie the left wing is the attack of the brain deads but it motivates other brain dead people to react to a stimuli chants of give me give give you owe me etc. and the ever popular accusation of racism a sure fire money maker lt. col. lakin is in a very precarious position but as yogi berra has been quoted as saying it ain’t over till the fat lady sings.

  4. Joseph Fasciani thank you. I have begun sharing this link with all my military family and friends.

  5. This court ruling coupled with her previous decree are an abomination.
    Lt. Col Lakin should be allowed to have a fair trial. What court in the world prevents the defense from calling witnesses and presenting documentation.?Lind is obeying her orders from Holder and Obama. She may not be embarrassing Mr. Obama but she surely is an embarrassment to the courts.

    • You’re asking what court in the world prevents the defense from calling witnesses and presenting documentation. The answer is: German court in the case of E. Zundel not only did the same, it prosecuted his attorney.
      So much for the western democratic judicial systems!!!

      • At his trial IN CANADA under a national security certificate, Zundel was not allowed to know the evidence against him!

  6. Unbelievable…she doesn’t want to embarrass the president? So this is now the law of courts? What happened to “due process”? This is beyond stoopid…

  7. For anyone who chooses not to believe every aspect of our great nation has been compromised I’d say this would be the most telling. The POTUS is no different than any other person. However, there are those who would have you believe they are “above the law”, they are not. The president in these sad days we live in is a politician, and yet we treat our politicians as if they are royalty. . While they are in office, and after. .Why? Is their life worth so much more than yours?

  8. “Due Process” I think I remember hearing something about that a long, long time ago, but I didn’t think it was still around. I hope we don’t ’embarass’ the president.

  9. This is like some thing from a Kafka novel.

  10. Hi, My name is Joe and I am nut’s. Let’s Hope Lakin has the last laugh.

  11. Due Process?…Rule of Law?…Justice for Criminals too high up to prosecute? ….. Where is justice when the Criminals of the last administration that purposely led us into into illegal wars of invasion with lies and causing premeditated murder of our soldiers and other peoples that we invaded. The complicity of the present administration along with the judicial and legislative branches is so blatant. When Obama was asked about the possibility of prosecuting the previous administration for their possible involvement with past crimes his answer after elected was “that is in the past…we must look to the future…..I wonder if he realizes he himself is now complicit for war crimes and crimes against peace as much as the Bush administration…….THERE IS NO STATUTE OF LIMITATIONS FOR MURDER OR WAR CRIMES ………Justice is not happening now within our country and this world for the most heinous crimes committed by our criminal leaders…..Soldiers and civilians are presently dying in Iraq and Afghanistan for no good reason and those that come to realize that are committing suicide as the reality faces them. Others will eventually realize the reasons for their situation and turn to more direct violence aginst those they feel responsible either rightly or wrongly.This will happen when they realize they are cannon fodder for the rich and powerfull to do with as they wish in promoting the elitist devious agendas. It is truly ashame that the vast majority of the people in this country delude themselves into believing the lies or don’t care enough to even think about what is really going on with the obvious self serving propaganda of most all the news media. JUSTICE? ….Where is justice when only the elite control our lives through the government and the news media. When soldiers refuse to serve and be part of illegal wars in large numbers and civilians support them through vast peacefull demonstrations at home can we even think of the possibility of making things right……for the alternative is chaos in the streets when our economy and the reality of what is going on hits us full force. Can vigilanteism and assasination be far behind when our ability to survive as individuals and families are threatened and that we and returning wounded soldiers (having suffered both physical and mental wounds) are unable to obtain the basic necessities to survive. Sporting goods stores have been running short of hunting weapons and ammunition recently while a recent attempt by South Korea to ship 300 thousand Garrand and 700 thousand M1 carbines that they got from us after the Korean war was planned to be shipped back to our country and sold as classic collectable weapons for display or hunting. This is now trying to be blocked by our government.

  12. Well the reality of the situation is that the president was elected by a majority of Americans and as possession is nine tenths of the law, his possession of the presidency is the salient fact. This soldier’s beliefs have no place in his duty to the country and the Constitution. If he doesn’t think the president is acceptable under the Constitution then he should resign so he doesn’t have to take his orders. Simple isn’t it?

  13. “The female of the species is deadlier than the male” – Rudyard Kipling put it something like that. Col. Denise Lind will never be a household name. But when the War Crimes Tribunal is convened for those who participated in the subversion of the American Republic and the deaths of millions of innocents – Col. Lind will really not be surprised to find she’s in the dock herself. This is a high profile case which no one will forget. She’s putting all her eggs in one basket. The old ‘Swampfox’ has his eye on that basket.

  14. There is no political remedy for the madness the British banks and bar are unleashing on this nation. There is no judicial remedy either. Everything that the filthy rich lawyers have control of is now a weapon to be used against the people. The people are the declared enemy of the government. Not a constitutional government, mind you, but a Federal government. It is a government that has slowly but surely transformed what should be a country of rights and liberty into a top down pyramid scheme run by lying lawyers and loan sharks. If you vote, you are giving these bastards power. If you pay taxes, you are giving these bastards power. If you even acknowledge they exist, you are giving them power. They lost their legitamacy when they broke the social contract (that g*dd*mn piece of paper) 100 years ago. Since then they have done nothing but eff things up for the benefit of the banks of britain. Whichever nation these fedcoats says are our allies may as well be chalked up as our sworn enemy, because any friend of these donkeys and elephants is complicit in their deception and should be held to the fire for it. Every night before you go to sleep and every morning when you wake up tell yourself there is no Federal government, only a void where a constitutional government should be. And if you are a lawyer reading this, you profit from a system of fraud and illusion, and deserve what is coming to you.

  15. Yea….. “we support our troops” i heard that alot when i first re-enlisted. then i got some truth firsthand about how illegal these wars abroad have been. its
    no surprise this man of honor declined deployment….i retired out instead of serving under a usurper-stooge-fool such as we have now(obama). this is proof that the courts are no longer interested in the rule of law and justice thereof……. therefore we must revisit history and the night of the long-knives. this methodology should be reserved for the most treasonous of public officials one specifically being this most atrocious example of a mil-judge: lind.
    to : Archie1954- one must understand the code of honor as a military vet, of which by your answer i can clearly see you are NOT. it is also one of the many duties of an officer and enlisted to question orders of dubious origin and to resist and refuse those illegal orders if the go against the ucmj, general morality code as well as the geneva code., not the least to mention commission of war crimes against humanity under non-declared war statutes(congress has not declared ware since ww2). get a clue and get some education, lest your next comment remove all doubt to any reading it…. of your ignorant foolishness.

  16. Archies1954, The reality of the situation is that you have no clue what you’re talking about. First being elected by the majority of Americans is irrelevant, it is the Electoral college that elects the President. Furthermore, if it turns out that he is was not, in fact, eligible to run for the presidency, then his presidency (and everything done during such time, e.g., signed legislation, appointments, e.t.c. ) will be instantly void. To put it into simpler terms for you; it would be as if he was never the President, because legally, he never was. At any rate, you cannot “possess” the presidency. Possession only relates to property. The ridiculous talk about 9/10’s of the law is simply meaningless.
    Your comment, “[t]his soldier’s beliefs have no place in his duty to the country and the Constitution” is also incorrect. In fact each soldier takes an oath to do exactly that (try re-reading the article).
    Additionally, it isn’t as simply as resigning. When you are called to deploy, you cannot simply say, “nah, I’m just gonna retire, so no thanks”.
    Finally, your willingness to accept someone as the President even if he completely defrauds the country and violates the very document that gives the President his authority in the first place is a bit frightening.

  17. If there was a just God we could all pray that Judge Lind would contract a good case of incurable cancer and leave this world the way she entered it ~ screaming.
    But, alas, history has proven conclusively; there is no just God….

    • What a strange conception of God you have. God is not a dog or slave who does your every bidding. If He doesn’t immediately do what you want, then He doesn’t exist! Have you any idea how narcissistic you sound?
      God’s greatest, completely gratuitous gift to us, besides Life, is FREE WILL, without which nothing we do has meaning, including love. For what good is love if it is coerced? But Free Will also means you and I can screw up, do wrong or do right. It is up to us, Americans who still have a conscience, who know that what the Army and government are doing to Lt Col Lakin is WRONG, to exercise our free will and help Lakin. Instead of whining there is no God, you can begin a constructive exercise of your precious free will by:
      1. Letting others know about this travesty.
      2. Donate to Lakin’s defense HERE.
      3. Vote all Democrats and RINOs out on November 2.

  18. God bless LTC Lakin, and may he continue to be a beacon of Christ’s light for this lost and dying world. He is right for defying an illegal order, for, otherwise, he could be tried as a war criminal as other Soldiers have been; he is right for standing against enemies–foreign and domestic; and he is truly a war hero–leading the charge against the internal enemies. May God grant us moral fortitude to also do what’s right.
    As for how the imposter got inside the WH, his ticket to the WH was purchased by the devils in NY. Please don’t blame voters. They had nothing to do with it.

  19. Apparently there is no honor is left in the military code of justice in America.
    Lakin is clearly being railroaded by a corrupt administration that places itself above the law and will ruin a Lakin for his simply standing upon the law and his oath to uphold it. We are living in dark days. Live free or die!

  20. This is what is known as a “Kangaroo Court” folks. Judges have tremendous power to keep out any evidence they need to if their case is not watertight. The judge is no longer impartial and is now a part of the prosecution. This happens all the time and makes this great country we live in, what some died for, THE laughing stock of the world. This happens in civilian courts all the time as well. Juries are not allowed to be informed. Heck in some cases the actual laws defendants are charged with are not even allowed to be read in open court or by the jury during deliberations certain words are not allowed to be uttered in earshot of jurors……. Without a meaningful defense with all arguments presented, this is little more than a show trial for the gulags. The lawyer needs to get into the record all of the exact points the judge will not allow to be heard otherwise an appeal will be pointless. Let them keep squeezing and watch the ridiculousness of their positions become clear. Whats next, invoking the state secrets act ? wink, wink, We get it, he is not legally president….. now what ?

  21. How about contact info for this Lind (expletive). Perhaps a deluge of letters, emails, and faxes and phone calls would bring her around. I have to imagine that most or all of the judges denying lawsuits/proceedings in eligibility cases have been threatened with severe consequences if cases went forward. This is beyond irrational. It is sad that none of them have had the courage to do the right thing. The real reason the country is going down the toilet? So few are willing to make the potential sacrifices for which the founders were prepared to do.

    • Michael,
      About a month ago, I had tried to find Denise Lind’s contact info, but was unsuccessful — which is quite incredible given the info available on the net on just about anyone. I couldn’t even find a pic of her, which is also amazing. I will try again when I find the time today. In the meanwhile, you and all patriots can write to her superior:
      Adm. Michael Mullen
      Chairman of the Joint Chiefs of Staff
      9999 Joint Staff Pentagon
      Washington, DC 20318-9999

  22. First of all, I must apologize to EOWYN, I said some stupid things to you before, I’m sorry. I read your comment to joe7000, very well said. Anyhow, this article actually brings tears to my eyes because now I am convinced that violence is the only place we are headed. All avenues have been covered. All so called judges are either intimidated or rewarded for playing along. See you in the trenches, good Americans. We are in for a very long and bloody night. God Bless and keep you all. I love great Americans, and I shall fight for them.

    • Jimmy,
      It takes humility and a real man to apologize. Your apology is accepted. Henceforth, your comments will no longer be dumped in my Spam folder. 😉
      Welcome back!

  23. The truth is more important than how it makes anyone feel. Another cover up in a long line of cover ups by the judiciary on a very serious matter. If this military officer is not allowed a defense then a mistrial should happen.

  24. Um – the judge didn’t make the defense impossible. The decision to disobey a legal order from his direct superior is what made the defense impossible.

    • jcm52
      Therein lies the rub. If obama is usurping the office, then the order is not a legal one. Obama is not qualified for probably several reasons. One fact has been admitted by (aka, etc). That is that his father was a Kenyan, and therefore a British subject.

    • You are dead wrong. Ever hear of the “Nuremberg defense”: i.e. “We were just following orders”? It got several people swinging from a rope around their neck after WW-2.
      You need to study history and do your homework a LOT better.

  25. I can see at least one good thing to come from this, opening up closed eyes to the reality we are stuck under organized criminal controls that ignores their very mandates of conduct in public policy and procedures.
    For instance, when a “court” denies a defense, especially to know of what law has been violated, has openly shown an allegence to some other cause other than the oath they swore before taking that paycheck. So lets lock them up in peoplse jail for fraud in cashing those paychecks.
    Seriously, if this Officer is found guilty, we should go free him and send a message to the judge, justice will prevail whether she wants it or not.
    A good appeal is also in play if the people stand down from their duties.

  26. Kangaroo. Obviously not all of them are down under, nor in zoos. Some are even in military uniform.
    Welcome to the petting zoo children.

  27. jcm52,
    Read the article! The oath is to the Constitution, not an individual. And I have always been under the impression that you are INNOCENT until PROVEN guilty, which means you have the right to DEFEND your innocence with discovery, witnesses and a jury of your peers!

  28. The concept that a court will only accept a certain defense is a new one. It corresponds with judge made law as opposed to representative made law.
    With this in mind let me translate what the female military judge said.
    “I dont want to hurt Obamas feelings so when you make a defense ill put my fingers in my ears and go la la la la and pretend I didnt hear it. ”
    With so much criticism directed towards politicians I direct mine towards my brothers and sisters in uniform getting paid to oppress me. My next question to the judge would be,”how much are they paying you?”

  29. jcm52 says, “Therein lies the rub. If obama is usurping the office, then the order is not a legal one. Obama is not qualified for probably several reasons. One fact has been admitted by (aka, etc). That is that his father was a Kenyan, and therefore a British subject.”
    But the “rub” is much deeper than that. “The office of the President” is titular. That “office” is a stage for a puppet, it has been such for close to a hundred years now.
    “The Federal Government”, is nothing but a criminal syndicate posing as “legitimate”
    So the “rub” is a deep deep groove, an abyss cut bylong history.

  30. I care what laken can prove about obama not what my Mom thinks of meliving in the basement.

  31. “Lakin should follow orders but he did not so now he gets hard labor”
    –Steve on September 30, 2010 at 4:32 am:
    Said like a true “Good German”, straight out of a Nazi playbook.
    I don’t know if you are old enough, or pay any attention, but that phrase, “Good German”, was attatched to the very frame of your remarks, and pertained to those who went along to get along under the Nazi regime.
    These are sentiments that arise universally amongst tribal types throughout history.
    By tribal type, I mean those who like automatons, “Obey” the voodoo bullshit rules of the tribe, regardless of their inherent absurdities.

  32. UPDATE:
    On Sept. 27, 2010, Lt. Col. Lakin’s defense counsel, Paul Rolf Jensen, filed a Writ of Mandamus and an application for a stay of proceedings on behalf of Lakin with the United States Army of Court of Criminal Appeals. Jensen’s petition asks the Court to (1) order military judge Denise Lind to vacate her order denying Lakin’s discovery requests; and (2) until the Court rules on Jensen’s petition that all proceedings will be stayed before the military judge.

  33. Steve,
    hybridrogue1 ….Ummm, You do mean Jimmy …?
    YES indeed, I meant Jimmy–his post was in my email alert but wasn’t up here when I posted…I glanced up at the last comment–which should have been Jimmy’s–but it was YOURS….dang…so sorry.
    Have you noticed how ‘twitchy’ this site loads sometimes? It was doing that as I tried to write my comment.
    Glad you caught that…Lol

  34. Your mom doesn’t have a basement, she lives in Arizona and has a Lemonaide stand to quench the illegals thirst as they slither across the border, other jimmy

  35. Two Jimmys?
    Both seemingly Trolltools in bickerment oinksnapping mode.
    Ha ha ha ha ha…sheeeeze

  36. This just in: Lakin has fired Jensen and the American Patriot Foundation.

  37. Neither of your links work either – I came here to find out where the Court Martial was being held and what records I could obtain from the Army. Frankly, I am disappointed that this is being postponed because I would like to see the nail driven into the birther vampire once and for all. Bye bye, Private Lakin – DUStory-owner@yahoogroups.com

  38. Linda, thank you
    The so called judge Denise Lind should be ordered to serve along side me and see what the real issue is about. She would never come home alive. S!!!! happens. Try her for negelecting her duties as a judge and hang her sorry ass. I wish all military would lay down their arms and come home and less show what we are made of. Where is our right God Bless America Hang her for not living up to her obligation.

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