Category Archives: Commander in Chief

LTC Terry Lakin court martial, Where are military personnel?, Citizen Wells open thread, September 22, 2010

LTC Terry Lakin court martial, Where are military personnel?

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

I recived the following in an email last night.

“Where the hell are ALL branched of our Military personnel, to back  Lt Col Lakin, and oust the idiot, criminal judge who made the illegal, unconstitutional ruling?  

What the hell is wrong with our military?  YES, where is all that “honor” they tout!?
Why aren’t they coming forth, enmasse to vocally and outwardly support any of their OWN, when it is so BLATANTLY against our Constitution, laws of the land.

Has everyone been bought and sold into mental slavery?
Congress and the Senate are complicit – we need action, not words, not prayers, not more laws……… !   The Constitution explicitly states:   When the gov’t becomes an oppressor of the people it is time for the citizens to THROW OFF the offending treasonous representatives and start again with honest, ethical, moral, spiritual leasders who are humble enough to know what it means to SERVE those that elect them.!”   

I agree.

There are, as usual, multiple reasons why more military personnel and officers have not stepped forward. Many are not aware of the case and Lakin’s reasons for disobeying an illegal order. Of course not wanting to disobey orders and fear of retribution must affect some. We must make certain that as many in the military or retired from the military know about this constitutional crisis as possible.

If you are active or retired military and aware of this case and you have reservation or questions, ask them. If you do not want to make waves or fear retribution, remove the lace from your panties, get some guts and defend your country.

Lakin court martial, Barry Farber interview video, Orwellian lies told by media, Citizen Wells challenge

Lakin court martial, Barry Farber interview video, Orwellian lies told by media, Citizen Wells challenge

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

The Lakin court martial and Obama birth certificate issues continue to be misrepresented by the media. The usual suspects are involved, The Huffington Post, NBC News, CBS News. The list of Orwellian wordsmiths goes on and on. I am ready to challenge these journalistic prostitutes to a debate or simply get them to answer the question above. An article is forthcoming.

I will not abandon LTC Terry Lakin and I support him 100%.

Here is a Barry Farber interview of LTC Terry Lakin from September 3, 2010.

Lakin court martial Judge Lind, Col. Denise R. Lind words and ruling prejudicial, Alan Keyes, Citizen Wells open thread, September 6, 2010

Lakin court martial Judge Lind,  Col. Denise R. Lind words and ruling prejudicial, Alan Keyes

From Alan Keyes September 4, 2010.

“Is Lakin’s court-martial an American ‘Dreyfus affair’?

I doubt 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 video featured with this post  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 ( as WND’s story reporting Judge Roy Moore’s insightful comments makes clear) 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 privily received communications to that effect?  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?”

Read more:

http://loyaltoliberty.com/WordPress/2010/09/is-lakins-court-martial-an-american-dreyfus-affair/

Glenn Beck hypocrisy, TheBlaze.com, Lt Col Terry Lakin court martial, Obama eligibility, Obama birth certificate, Dr. Manning video

Glenn Beck hypocrisy, TheBlaze.com, Lt Col Terry Lakin court martial, Obama eligibility, Obama birth certificate, Dr. Manning video

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

 

Glenn Beck, it was cowardly and un American when you did not ask that simple question above. When you mocked and criticized millions of concerned Americans, including those in the military, who question Obama’s eligibility, you crossed the line.
Glenn Beck stated that he started The Blaze, TheBlaze.com, to counteract misinformation from websites like the Huffington Post. I will not let Beck get away with insulting concerned Americans who question Obama’s eligibility. Especially three star generals.

https://citizenwells.com/2010/09/01/the-blaze-theblaze-com-lakin-court-martial-glenn-beck-v-arianna-huffington/
In the following video Dr. James Manning reveals the injustice of the ruling by Judge Lind in the Lt. Col Terry court martial hearing. He speaks of the Restoring Honor rally led by Glenn Beck and asks why there was no mention of Terry Lakin. He accuses Glenn Beck of hypocrisy.

Thank you Dr. Manning for speaking the truth, for telling it like it is.

Glenn Beck, call me.

Lakin court martial, Commander in Chief, Chain of command, Citizen Wells open thread, September 5, 2010

Lakin court martial, Commander in Chief, Chain of command

“I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”…US Military officer’s oath of office
Officers in the service of the United States are
bound by this oath to disobey any order that
violates the Constitution of the United States.

From Citizen Wells August 5, 2010.

As you read the following, be aware of another important point, there is no time restriction on the president being found to be ineligible.

“Notice the emphasis placed on eligibility in the presidential line of succession.
 US Code
TITLE 3 > CHAPTER 1 > § 19
§ 19. Vacancy in offices of both President and Vice President; officers eligible to act
(a)
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.
(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.
(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that—
(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals.
(d)
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security.
(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.
(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.
(f) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.”

Much has been said orders being tied to the Commander in Chief and the chain of command. Here is what a US Army soldier must understand about the chain of command.

From the US Army Study Guide.

Chain of Command List

Posted Monday, July 23, 2007

Commander-in-Chief  -President George W. Bush
Chairman Joint Chiefs of Staff  -General Peter Pace
Army Chief of Staff
 -General George W. Casey, Jr. 
Theater Commander  –
Corps Commander  –
Division Commander  –
Brigade Commander  –
Battalion Commander  –
Company/Troop Commander  –
Platoon Leader  –
Section/Squad/Team Leader

Read more:

http://www.armystudyguide.com/content/army_board_study_guide_topics/chain_of_command/chain-of-command-list.shtml

From Army Command Policy April 27, 2010
“1–5. Command
a. Privilege to command. Command is exercised by virtue of office and the special assignment of members of the
United States Armed Forces holding military grade who are eligible to exercise command. A commander is, therefore,
a commissioned or warrant officer who, by virtue of grade and assignment, exercises primary command authority over
a military organization or prescribed territorial area that under pertinent official directives is recognized as a “command.”
The privilege to command is not limited solely by branch of Service except as indicated in chapter 2. A
civilian, other than the President as Commander-in-Chief (or National Command Authority), may not exercise command.”

Read more:

http://www.army.mil/usapa/epubs/pdf/r600_20.pdf

Judge Lind decision flawed, Defense of LTC Terrence Lakin, White paper, Citizen Wells open thread, September 4, 2010

Judge Lind decision flawed, Defense of LTC Terrence Lakin, White paper

Courts Martial Defense of LTC Terrence Lakin September 3, 2010 researched and Prepared by J.B. Williams and Timothy Harrington

We find foundational flaws in Col. Lind’s decision, which Lakin’s defense team must seize upon in orderto alter the current course of this trial.

  • Lind’s authority is derived from the same place as LTC Lakin’s and all other members of the United States Military – from the supreme command of the office of Commander-in-Chief, the President of the United States.
  • Lind is attempting to use her authority under her Commander-in-Chief to break the military chain of command, isolating the Commander-in-Chief of the US Military specifically, exempting the President from his position of authority in the chain of command, without which, Lind herself has no authority to convene the Courts Martial.
  • Lind then reaches outside of the US Military Justice system to the Civil Court, relying upon civil court precedent to deny Lakin any access to discovery and thereby, a proper defense guaranteed him by the US Constitution and UCMJ, Uniform Code of Military Justice. Civil Court precedent has no legal standing in a UCMJ criminal proceeding. In fact, the UCMJ is based upon the Articles of War (aka War Articles) and is a “penal system” unlike the US Justice System – as explained by Col. William Winthrop in Military Law and Precedents. As a result, precedents set in courts outside of the UCMJ are without legal standing in any UCMJ proceeding.
  • Not even in the UCMJ can the United States government deny the accused his/her right to a trial, complete with discovery of related evidence. Yet Lind attempts to do so, under the authority derived from her Commander-in-Chief. If the chain of command is broken, then Lind herself has no authority.
  • Lind’s statement that the legality of the Commander-in-Chief is “not relevant” in matters ofmilitary command is false on its face. As stated in a sworn affidavit filed by LTG Thomas G. McInerney executed on August 20, 2010 – “In refusing to obey orders because of his doubts as totheir legality, LTC Lakin has acted exactly as proper training dictates. – By thus stepping up to the bar, LTC Lakin is demonstrating the courage of his convictions and his bravery. – That said, it is equally essential that he be allowed access to the evidence that will prove whether he made the correct decision.”
  • Lind attempts to break the chain of command at The Pentagon level, which she claims has no issue with the current Commander-in-Chief and that this should be good enough for Lakin. Yet she cannot break this chain of command without eliminating her own authority, and Lakin’s oath requires that he decide for himself whether or not his orders are legal, as affirmed in LTG McInerney’s sworn affidavit.

At issue is not whether or not LTC Lakin refused orders, but rather whether or not he “unlawfully” refused orders. If his orders were not “lawful,” including but not limited to, emanating from a “lawful”chain of command which begins with a lawful Commander-in-Chief, then Lakin must be found NOTGUILTY of “unlawfully” refusing orders.

Read more:
https://docs.google.com/viewer?a=v&pid=gmail&attid=0.1&thid=12ad99e56f2bb6c8&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D2485918dad%26view%3Datt%26th%3D12ad99e56f2bb6c8%26attid%3D0.1%26disp%3Dattd%26zw&sig=AHIEtbQq8K2LEI7Jyn8E46_77A76s6qtiA&pli=1

Denise R. Lind, Lakin judge, Court Martial hearing, Judge Lind is wrong, Citizen Wells open thread, September 3, 2010

Denise R. Lind, Lakin judge, Court Martial hearing, Judge Lind is wrong

Reported here yesterday September 2, 2010 from a World Net Daily article.

“A career officer in the U.S. Army acting as a judge in the court-martial process for Lt. Col. Terrence Lakin today ruled that the military is no place for Barak Obama’s eligibility to be president to be evaluated.

Army Col. Denise R. Lind today ruled in a hearing regarding the evidence that will be allowed in the scheduled October court-martial for 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 those records.

With her decision, Lind plunged into lockstep with a number of federal judges who have ruled on civil lawsuits over Obama’s eligibility. They have without exception denied the plaintiffs’ any 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.

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 under U.S.C. Rule 46, a defendant being 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 courtroom, disagreed.

She said opening up such evidence could be an “embarrassment” to the president and anyway, it should be Congress that would call for impeachment of a sitting president.”

I stated the following and I stand by that now.

“It is apparent that Judge Lind does not know her ass from a hole in the ground. First of all, impeachment is not necessary or appropriate for removing a usurper, an illegal occupant of the White House.

Judge Lind’s first duty is to uphold and defend the US Constitution. Secondary to that is her duty as a judge to the defendant, the court and the Uniform Code of Military Justice.

In regard to her statement about embarassment of Obama. First of all, Obama is not POTUS. Secondly, this situation of a usurper occupying the White House is already an embarassment to the nation.”

Judge Lind and all of the superior officers up the chain of command above Lt. Col. Terry Lakin, up to, and including, Barack Obama, who is masquerading as Commmander in Chief, are full of crap and most likely guilty of treason. I am calling for the removal of Judge Lind with a replacement more familiar and adherent to the US Constitution and military rules and protocol.

I have previously done much reading on the topics of chain of command and the duty of officers to obey and disobey orders. More to follow.

Lt Col Lakin Hearing, September 2, 2010, Judge Lind ruling, Judge Lind incompetent treasonous and/or complicit in conspiracy

 Lt Col Lakin Hearing, September 2, 2010, Judge Lind ruling, Judge Lind incompetent treasonous and/or complicit in conspiracy

From World Net Daily September 2, 2010.

“A career officer in the U.S. Army acting as a judge in the court-martial process for Lt. Col. Terrence Lakin today ruled that the military is no place for Barak Obama’s eligibility to be president to be evaluated.

Army Col. Denise R. Lind today ruled in a hearing regarding the evidence that will be allowed in the scheduled October court-martial for 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 those records.

With her decision, Lind plunged into lockstep with a number of federal judges who have ruled on civil lawsuits over Obama’s eligibility. They have without exception denied the plaintiffs’ any 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.

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 under U.S.C. Rule 46, a defendant being 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 courtroom, disagreed.

She said opening up such evidence could be an “embarrassment” to the president and anyway, it should be Congress that would call for impeachment of a sitting president.”

Read more:

http://www.wnd.com/index.php?fa=PAGE.printable&pageId=198465

It is apparent that Judge Lind does not know her ass from a hole in the ground. First of all, impeachment is not necessary or appropriate for removing a usurper, an illegal occupant of the White House.

Judge Lind’s first duty is to uphold and defend the US Constitution. Secondary to that is her duty as a judge to the defendant, the court and the Uniform Code of Military Justice.

In regard to her statement about embarassment of Obama. First of all, Obama is not POTUS. Secondly, this situation of a usurper occupying the White House is already an embarassment to the nation.

I will comment further on this decision soon.

Margaret Hemenway interview, Lt Col Lakin spokeswoman, Andrea Shea King show, Citizen Wells open thread, August 29, 2010

Margaret Hemenway interview, Lt Col Lakin spokeswoman, Andrea Shea King show

From a Andrea Shea King article and interview on August 23, 2010

“The quiet military support for Lt. Col. Terry Lakin”
“No vacation for Obama over eligibility questions

About half the nation was aware of the concern over the absence of public documentation of Barack Obama’s eligibility to be president a year ago.  A few months ago the dispute got top billing on CNN, and just a few days ago a new poll revealed six of 10 Americans are uncertain the president was born in the U.S.”  

“Tonight Margaret Calhoun Hemenway, spokeswoman for Lt. Col. Terrence Lakin, an Army medical doctor who has challenged Obama’s eligibility to serve as Commander-in-Chief, joins us on The ANDREA SHEA KING SHOW to discuss Lt. Col. Lakin’s case. Hemenway’s father-in-law John Hemenway represented a plaintiff in one of the lawsuits against Obama, Hollister v. Soetoro, which was dismissed by Judge John Robertson, who wrote in his opinion that Obama’s eligibility had been “blogged, texted, twittered and otherwise massaged” before the election.”
Interview:

http://www.blogtalkradio.com/askshow/2010/08/24/the-andrea-shea-king-show
Read more:

http://radiopatriot.wordpress.com/2010/08/24/the-quiet-military-support-for-lt-col-terry-lakin/#comment-4056

Terry Lakin, US Military, Stand by Lakin and military, Citizen Wells open thread, August 17, 2010

Terry Lakin, US Military, Stand by Lakin and military

I have not forgotten about LTC Terry Lakin. I stand by him now and going forward. Lakin is a true patriot. Lakin’s superiors, if they do not uphold their oath to defend the US Constitution and question Obama and his orders, are cowards and treasonous. I am prepared to say it to their face.

I received the following in an email this morning. Another reason to support our military.

“The story is about Channing Moss, who was impaled by a live RPG during a Taliban ambush while on patrol. Army protocol says that medivac choppers are never to carry anyone with a live round in him. Even though they feared it could explode, the flight crew said damn the protocol and flew him to the nearest aid station. Again, protocol said that in such a case the patient is to be put in a sandbagged area away from the surgical unit, given a shot of morphine and left to wait (and die) until others are treated. Again, the medical team ignored the protocol. Here’s a short video put together by the Military Times, which includes actual footage of the surgery where Dr. John Oh, a Korean immigrant who became a naturalized citizen and went to West Point , removed the live round with the help of volunteers and a member of the EOD (explosive ordinance disposal) team. Moss has undergone six operations but is doing well at home in Gainesville , GA. I think you’ll find the video absolutely remarkable.”

http://www.militarytimes.com/multimedia/video/?bcrefid=808163493#/Live+RPG+removed+from+soldier/51745112001