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.