LTC Terry Lakin, CNN retraction of defamatory comments
From American Patriot Foundation a few minutes ago.
“PRESS RELEASE
ARMY DOCTOR LTC TERRY LAKIN SUCCESSFUL IN DEMAND FOR CNN TO RETRACT DEFAMATORY STATEMENTS
JEFFREY TOOBIN WITHDRAWS VICIOUS STATEMENT HE MADE ABOUT LAKIN SAYS HE NEVER INTENDED THEM TO APPLY TO DECORATED ARMY DOCTOR
Washington, D.C., August 16, 2010. The Army doctor who is being court martialled for refusing to obey orders has demanded – and received – a retraction from CNN of defamatory comments made by Jeffrey Toobin about Lakin.
Lakin appeared on the “Anderson Cooper 360” program with his lead counsel, Paul Rolf Jensen on May 7, 2010. A few days later, CNN aired on the same program a panel discussion with three lawyers, the purpose of which was to discuss LTC Lakin and his case. During that program, the following colloquy took place between Messrs. Cooper and Toobin, and a photo of LTC Lakin was displayed during Mr. Toobin’s remarks:
COOPER: It is sad, this guy has given 18 years of service, apparently served honorably, was a doctor, and then seems to be tossing out his career for this. I mean there are principled stands you can take…
TOOBIN: In your interview you kept saying what an honorable man he is. You know, as they say at the Supreme Court, I think I dissent. You know, these people are bigots, they’re racists, they’re freaks, they’re lunatics, these are not rational players in American politics…
On June 8, 2010, Jensen wrote CNN President Jonathan Klein as well as Mr. Toobin. In that letter, Jensen wrote: “Mr. Toobin’s statement is patently false. LTC Lakin is neither irrational, a racist, a bigot, a freak, or a lunatic. Nor is there any rational basis to conclude he is any of these things, which of course was Mr. Cooper’s point. Mr. Toobin, unlike Mr. Cooper, made this statement without ever speaking with LTC Lakin (or likely anyone that knows him.) Mr. Toobin’s statement was understood to pertain to LTC Lakin and appears to have been made with actual malice, and particularly in the context given, which is Mr. Toobin contradicting Mr. Cooper saying LTC Lakin’s professional service was honorable, attacks my client’s professional character and standing.
For these reasons, Mr. Toobin’s statement constitutes per se defamation, and is unconscionable, and LTC Lakin demands it be immediately retracted, on air during the “Anderson Cooper 360″ program. Your failure to make such a retraction will leave us no choice but to sue for defamation without further notice or demand.”
Immediately upon receipt of Jensen’s letter, CNN’s Vice President and General Counsel David Vigilante contacted Jensen, and although he denied the statement was defamatory, he agreed that CNN would require Toobin to retract the statement, and true to his word, last month this is exactly what aired:
TOOBIN: Anderson, can I just add one point on an unrelated matter?
COOPER: Sure. Yes.
TOOBIN: A couple of weeks ago, we did a story about Lieutenant Colonel Terrence Lakin. He is the officer who has tried to get out of military service because he believes that President Obama was not born in the United States. He’s one of the so-called birthers. In the course of that report, I made the statement that a lot of the birthers are bigots and racists and there was a picture of Lakin behind me.
I didn’t mean to suggest that he was a bigot and a racist. I was just talking more generally. And I also should correct myself. He wasn’t trying to get out of military service. He is the subject of a court Martial, that’s why we were doing the story. But I didn’t mean to imply that about him.
LTC Lakin accepts this second statement as a complete retraction of the first. Although it is regrettable that it took Jensen’s threat of litigation to compel Toobin to take back his vile words, the fact remains that CNN did the right thing in airing this retraction. “The matter is now closed,” Lakin stated today. “CNN and Toobin did the right thing to clear my name, and while I was ready to file suit if necessary to protect my reputation, I am glad my attorney was successful without having to do so.”
Lakin is a Lt. Colonel with almost 18 years of unblemished service to the Army, with six tours of duty abroad, including tours in Bosnia and Afghanistan. He is a physician and has been awarded the Bronze Star for his service. He believes that his oath to support and defend the United States Constitution has compelled him to act as he has, because President Obama’s eligibility under the Constitution to hold office has been seriously questioned, and the President has refused all requests to release documents claimed to exist which could determine his eligibility.
Immediately prior to Lakin’s refusal to deploy, his commander, COL Dale Block wrote of Lakin, “Dr. Lakin is an extremely talented, highly knowledgeable senior Army clinician…he can always be counted on to provide me with expert advice…LTC Lakin is clearly one of the top clinicians in the Northern Regional Medical Command. He has superb clinical skills, rapport with patients and staff…Terry is the best choice for tough assignments…Already on the promotion list to Colonel, he should be groomed for positions of greater responsibility.” COL Block concluded by describing LTC Lakin as “best qualified” and recommended that LTC Lakin be selected for duty as a Clinic Commander (in other words, Block’s own position).
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 to LTC Lakin. Further details are available on the Foundation’s website, www.safeguardourconstitution.com.
—-end—-
For further information, contact: Margaret Hemenway at (202) 725-7659
WHAT YOU CAN DO NOW
Support Terry’s Efforts http://www.safeguardourconstitution.com/support-the-foundation.html
LTC Terry Lakin arraignment, August 6, 2010, Obama birth certificate, US Constitution
Why has Obama employed a legion of private and government attorneys to avoid presenting a legitimate birth certificate and college records?…Citizen Wells and millions of concerned Americans
Military officers take the following oath:
“I, _________, 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.”
They are duty bound to support and defend the Constitution and disobey illegal orders. Attorneys in the military are duty bound to uphold justice.
Great commenter and blogger Zach Jones provided this article from CNN.
“A court hearing is scheduled for Friday in the case of a soldier who has refused to deploy to Afghanistan until President Obama proves that he was born in America and is legally eligible to be president.
Lt. Col. Terrence Lakin is scheduled to go before a judge in Virginia to enter a plea on charges that include disobeying a lawful order and dereliction of duty.
He is a decorated Army doctor and an 18-year veteran who is now facing court martial for disobeying orders to ship out for another tour of duty in Afghanistan.
Lakin says the orders are illegal because, he claims, Obama — the commander-in-chief — has not proven he was born in this country.
Lakin wants Obama to produce his birth certificate.
“It’s a fundamental of the Constitution, and my oath of office is to the Constitution. And I believe we need truth on this matter,” Lakin told CNN’s “AC 360″ in May.”
Lakin hearing location change, Ft Belvoir, LTC Terry Lakin court martial
From Safeguard Our Constitution August 5, 2010.
Alert: Hearing Location Changed to Ft. Belvoir on Friday Aug 6 at 11am
This an arraignment to formally enter Terry’s plea. The hearing will last no longer than 30 minutes. This hearing precedes the formal courts martial which has not yet been scheduled. This is a pubic hearing. However, there are established protocols and standards for behavior. Please read the following paragraphs carefully if you are planning to attend the hearing:
Courts martial are public hearings, and by law and custom all are welcomed to attend any proceeding. However, the rules for courts martial require strict formality during all proceedings, and prohibit among other things, reading, gum chewing, making any kind of noise, contacting the judge in any way and generally preclude any disruption or demonstration of any kind, either of support or of opposition to the court’s rulings. We encourage LTC Lakin’s supporters to attend the hearing August 6th as well as all future hearings. While LTC Lakin would be pleased to meet and greet supporters afterwards, it is of the utmost importance that spectators show respect for the process and the court itself. The judge in this case is his superior officer, and if you attend the hearing you will see LTC Lakin accord her the deference and courtesy that all good soldiers show their superiors. The best way to demonstrate support for LTC Lakin if you are attending is to pray for him, and after the hearing to speak with him. Demonstrations of any other kind are inappropriate, and will not be tolerated by the court. LTC Lakin’s reputation in the Army is of a good, even exemplary, soldier who has always shown his superior officers the respect and courtesy their rank and position demand. Please follow his example in the court room Friday and strictly observe the rules of decorum.
Time:
Friday at 11:00 am
Location:
Ft. Belvoir, VA ( http://www.belvoir.army.mil )
SJA/ Legal Assistance Office
9910 Lowen Rd.
Building 702 (Warehouse)
Ft. Belvoir, VA 22060
Click here for PDF Map of the Base with Directions
Click here for a Google Map
The map is from Baltimore. You can choose your own starting point.
Lakin court martial, August 2, 2010, Fort McNair Washington DC
From American Patriot Foundation August 2, 2010.
“PRESS RELEASE
Army Refers Charges Against Lakin To Court Martial
Military Judge Appointed
Arraignment Set for Hearing on August 6, 2010
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 President’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.
Kerchner v Obama and Congress, Update, July 22, 2010
Just in from Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For Immediate Release – 22 July 2010
Attorney Mario Apuzzo’s Legal ‘Response’ to the U.S. 3rd Circuit Court of Appeal Order is Successful.
The U.S. Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal | by Attorney Mario Apuzzo
The Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal
On July 2, 2010, the Third Circuit Court of Appeals issued its decision affirming the New Jersey Federal District Court’s dismissal of the Kerchner et al v. Obama/Congress et al case for lack of Article III standing. The Court ordered that I show cause in 14 days why the Court should not find me liable for just damages and costs suffered by the defendants, not in having to defend against the merits of plaintiffs’ underlying claims that Putative President Obama is not an Article II “natural born Citizen,” that he has yet to conclusively prove that he was born in Hawaii, that Congress failed to exercise its constitutional duty to properly vet and investigate Obama’s “natural born Citizen” status, and that former Vice President and President of the Senate, Dick Cheney, and current Speaker of the House, Nancy Pelosi, were complicit in that Congressional failure, but rather in having to defendant against what the court considers to be a frivolous appeal of the District Court’s dismissal of their claims on the ground of Article III standing. On Monday, July 19, 2010, I filed my response. This afternoon, on July 22, 2010, the Third Circuit Court of Appeals issued its decision on whether it should impose the damages and costs upon me. The Court has decided not to impose any damages and costs upon me and has discharged its order to show cause. This means that the matter of damages and costs is closed. Here is the Court’s decision:
“ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges) On July 2, 2010, this Court filed an Order to Show Cause directing Appellants’ counsel to show cause in writing why he should not be subject to an Order pursuant to F.R.A.P. 38 for pursuing a frivolous appeal. In response, Mario Apuzzo filed a 95-page statement that contains, inter alia, numerous statements directed to the merits of this Court’s opinion, which the Court finds unpersuasive. His request that the Court reconsider its opinion is denied, as the appropriate procedure for that issue is through a Petition for Rehearing. However, based on Mr. Apuzzo’s explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause, filed. Sloviter, Authoring Judge. (PDB).”
I want to thank everyone who supported and encouraged me in this battle. This includes everyone who expressed their feelings on this matter through blog posts, articles, and comments, and emails.
General Stanley McChrystal, Obama, Major General Paul E. Vallely, Oath of office, Patriot or career soldier
“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine
I read the Rolling Stone article about General Stanley McChrystal. This is the strongest statement that I read from General McChrystal.
“Even though he had voted for Obama, McChrystal and his new commander in chief failed from the outset to connect. The general first encountered Obama a week after he took office, when the president met with a dozen senior military officials in a room at the Pentagon known as the Tank. According to sources familiar with the meeting, McChrystal thought Obama looked “uncomfortable and intimidated” by the roomful of military brass. Their first one-on-one meeting took place in the Oval Office four months later, after McChrystal got the Afghanistan job, and it didn’t go much better. “It was a 10-minute photo op,” says an adviser to McChrystal. “Obama clearly didn’t know anything about him, who he was. Here’s the guy who’s going to run his fucking war, but he didn’t seem very engaged. The Boss was pretty disappointed.””
McChrystal, is that the best you can do? From a real General, a real patriot.
From a speech given at the Lincoln Reagan Dinner on June 5, 2010 in Virginia City, Montana by Major General Paul E. Vallely, retired.
“I do solemnly swear 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 faithfully discharge the duties of the office on which I am about to enter: So help me God.”
“We now must call for the immediate resignation of Barry Soetoro (AKA President Barack Hussein Obama) — based on Incompetence, Deceit, Fraud, Corruption, Dishonesty and Violation of the US Constitution.
And a call for a National Petition for new elections to select the next President of the United States of America must be initiated. We can wait no longer for a change of Power and new Government.” http://frontpage.americandaughter.com/?p=3917 Major General Paul E. Vallely, retired
“Paul E. Vallely retired in 1991 from the US Army as Deputy Commanding General, US Army, Pacific in Honolulu, Hawaii. General Vallely graduated from the US Military Academy at West Point and was commissioned in the Army in 1961 serving a distinguishing career of 32 years in the Army. He served in many overseas theaters to include Europe and the Pacific Rim Countries as well as two combat tours in Vietnam. He has served on US security assistance missions on
civilian-military relations to Europe, Japan, Korea, Thailand, Indonesia and Central America with in-country experience in Indonesia, Columbia, El Salvador, Panama, Honduras and Guatemala.
General Vallely is a graduate of the Infantry School, Ranger and Airborne Schools, Jumpmaster School, the Command and General Staff School, The Industrial College of the Armed Forces and the Army War College. His combat service in Vietnam included positions as infantry company commander, intelligence officer, operations officer, military advisor and aide-de-camp. He has over fifteen (15) years experience in Special Operations, Psychological and Civil-Military Operations.
He was one of the first nominees for Assistant Secretary of Defense for Special Operations under President Reagan. From 1982-1986, he commanded the 351st Civil Affairs Command that included all Special Forces, Psychological Warfare and Civil Military units in the Western United States and Hawaii. He was the first President of the National Psychological Operations Association. His units participated in worldwide missions in Europe, Africa, Central America, Japan, Solomon Islands, Guam, Belgium, Korea and Thailand. He has served as a consultant to the Commanding General of the Special Operations Command as well as the DOD Anti-Drug and Counter -Terrorist Task Forces. He also designed and developed the Host-Nation Support Program in the Pacific for DOD and the State Department. Most recently, he has in-country security assistance – experience in El Salvador, Columbia and Indonesia in the development of civil-military relations interfacing with senior level military and civilian leadership.
General Vallely is a military analyst for FOX News Channel and is a guest on many nationally syndicated radio talk shows. He is also a guest lecturer on the War on Terror. He has co-authored “Endgame: The Blueprint for Victory in the War on Terror” & “War Footing: 10 Steps America Must Take to Prevail in the War for the Free World.”
Lt. Col. Terrence Lakin facing court martial
“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,”
CDR Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress
From a recent Post & Email interview.
“MRS. RONDEAU: That brings up another question. Why do you think more active military members are not doing what Lt. Col. Lakin is doing?
CDR. KERCHNER: Because they risk their career. As you can see already, Lt. Col. Lakin is not being given a fair shake; you see what’s happening with him.
They changed his evaluation. He had an outstanding evaluation just a couple of months ago, and they just did one at the end of May which trashed him. He had been up for promotion to full Colonel, and he’s no longer going to be promoted.
The military is supposed to be devoid of politics, in a sense. It’s very, very difficult for an active-duty military person to stand up alone and buck the powers that be in Washington when they are corrupt. It’s very dangerous and very difficult for a person in the military to do that, because you have a set of rules governing you, the UCMJ, which don’t govern the rest of the citizenry. You’ve given up some of your freedom, so to speak. The thing is, though, the military does take an oath to support and defend the Constitution against all enemies, foreign and domestic. I never thought about that word domestic in the oath much until Obama came along.
I believe in God, I believe in my country, I believe in my family, and I will fight to the death for all three of those. I took my oath, and I believe those words, and I meant those words, “so help me God.” I feared for the loss of my liberty and my inalienable rights guaranteed under the Constitution for which our forefathers fought during the American Revolution. These were codified into the fundamental law of the nation when they wrote that contract for the protection of the sovereign and free people in the several states, the U.S. Constitution. This contract limited the power of the new federal government and protected our rights and liberty, my rights and liberties. I feared loss of liberty if this usurper were allowed to take office and continue to remain in office for any length of time. I did not trust Obama to protect me. If he and his progressive sycophants in Congress can ignore and usurp one part of the Constitution, Article II, Section 1, Clause 5, then he will ignore and usurp other parts, such as the Bill of Rights. That’s why when I saw the other suits failing, I felt as if I was almost being called and told, “You have to stand up, Commander Kerchner. You must live up to your oath to support and defend the Constitution. You have to stand up and fight this battle. You must do this.”
I took an oath to the Constitution of this country. We’re a nation of immigrants, and believe me, Obama’s father wasn’t one. But we’re a nation of immigrants, and the glue and sinew that holds this country together is that Constitution. Without it, we never would have made it this far, and we won’t make it much further if it falls apart. That’s the natural and universal law that unites us all. Our inalienable rights granted by God, nature’s law created by God – that’s what holds us together, and if we lose it, the country is doomed.
I had a lot of anxiety before I filed the case, but as soon as I filed it, a certain peace came to me, and I haven’t lost a moment’s sleep since then. It’s as if I answered the call and now I’m being protected. I will continue to fight this battle until the truth and Constitution are upheld and the usurper in the Oval Office is removed, so help me God.”
Read more:
http://www.thepostemail.com/2010/06/21/a-one-on-one-personal-interview-with-commander-kerchner-regarding-his-eligibility-challenge-and-lawsuit-against-obama-and-congress/
General McChrystal, with all due respect to your prior military service, are you going to stand up to Obama and fulfill your military officer oath? You did not pledge allegiance to Obama or the president. You pledged allegiance to the US Constitution.
General McChrystal, you voted for Obama. This reveals that you are uninformed or that you do not care.
To all active and retired military. If you do not know or understand the facts, get off your ass and get answers. I expect more from the US military. And yes, military officers, you pledged an oath to “defend the Constitution of the United States against all enemies, foreign and domestic.” We expect you to follow that oath. And yes, General McChrystal, and any other US Military officer, I will face you in person and repeat these words.
The U.S. Third Circuit Court of Appeals which sits in Philadelphia has notified me today by letter dated June 15, 2010 that there will not be any oral argument on the Kerchner appeal to that Court. The case will be submitted on the briefs on Tuesday, June 29, 2010. Our presence is therefore not required.
The Court also informed me that the Third Circuit Panel that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.
The court can call for oral argument when it has questions. As we know, the Federal District Court granted Obama’s/Congress’s motion to dismiss the complaint/petition for lack of standing and political question. The Kerchner plaintiffs have appealed that decision to the Third Circuit Court of Appeals. On a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant. We have alleged and shown that Obama is not and cannot be an Article II “natural born Citizen” because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual and conflicting allegiances if he was born in the U.S. or with sole allegiance to Great Britain if he was born in Kenya. We have also alleged and shown that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court or to the Court of Appeals contesting these arguments. The issues of standing and political question are well briefed. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court. Hence, the Court might not have any questions and so it did not see any need for oral argument.
Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court for discovery and trial. If the Third Circuit Court affirms the District Court, we will then be filing a petition for certiorari with the United States Supreme Court which will have the final word in any event.
Lt. Col. Lakin Military Court, Amicus Curiae, Cody Robert Judy
From Cody Robert Judy’s website:
“Wednesday, June 9, 2010
Amicus Curiae in Defence of Lt.Col. Lakin
Cody Robert Judy
No. West
UT. 84
(801)497-
_____________________________________________________________________________
IN THE HONORABLE MILITARY COURT
U.S. ARMY (Plaintiff)
v. Amicus Curiae under UCMJ
LAKIN (Defendant)
Cody Robert Judy- Amicus Curiae LTC Driscoll
______________________________________________________________________________ daniel.driscoll@amedd.army.mil
cc: www.personalinjuryattorneylaw.cominfo@jensenlawyers.com att: Jenson & Associates- c/o Attorney Paul Rolf Jensen
Re: Amicus Curiae on behalf of the defendant Lakin
Amicus Curiae Concern for Defendant in the matter of U.S. Army v. Lakin in the matter wherein Lakin was charged:
“With one specification of a violation of Article 87, Missing Movement and four specifications of a violation of Article 92 (three specifications of Failure to Obey a Lawful Order, and one Specification of Dereliction of Duty),” said Chuck Dasey, spokesman at Walter Reed Army Medical Center in Washington, where Lakin is assigned.
*Motion to file leave of Amicus Curiae is respectfully submitted if applicable in UCMJ
______________________________________
Reasons why the Amicus Curiae from Cody Robert Judy is applicable to this Court:
______________________________________
• Cody Robert Judy was a candidate in the 2008 elections for President of the United States, who has filed litigation in two Federal Courts regarding the qualifications of Sen. John McCain, and Sen. Barack Hussein Obama who now occupies the White House. Here are the following Internet Link in support:
• http://www.codyjudy.us/crj4ussenatorut_031.htm Judy vs. McCain
• http://www.scribd.com/doc/22288917/Judy-v-Obama Judy vs. Obama
Cody Robert Judy also recently testified in the CIA Columbia Obama Trial as an injured presidential candidate, who by being in the same Presidential race as Obama has standing, and who swore to tell the truth at the trial where a 10 Amendment Court was held, a Jury selected, Defendant’s were served and given the chance to defend themselves, 6 days of trial witnesses and evidence were produced, and the Jury rendered a guilty verdict on 17 accounts ranging from fraud to sedition on Barack Hussein Obama, Michael Sovern, and Columbia University. The closing arguments are here:
The Uniform Code of Military Justice, Article 32 Investigation, paragraph 1, reads:
(a) No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
a. While the Federal Courts have an interest in procuring justice in the matter, the technicalities of those courts and whatever rulings have or have not transpired do not apply to facts and information relevant to this matter. So it is that this court may also consider whatever evidence it seems true and faithful to the U.S.C.
(b) Your statement in paragraph 6 making a unilateral ruling on the role Congress may or may not play in any eligibility determination is incorrect. Obama has been sued prior to his (presumably) legally becoming President since he had never shown himself to be legally eligible to hold that office and in fact lied on his Declaration of Candidacy. Your pretense that somehow Congress could impeach a person ineligible to hold office actually is contrary to what would happen in the matter of an ineligible person who was sitting in the presidential seat of authority as a usurper.
(c) The Frame Work necessary to straighten the executive branch should be recognized by this court as a matter of jurisprudence, and if there exist evidence that would release the charges by statutes of compliance towards duty, that should be considered equitably. If there is one advantage of a military court, it is that of examining evidence and testimony minus the political fever at large. Now I challenge this court to hear my testimony, and to examine the evidence herein as a matter of defense for Lt. Col. Lakin as I do have direct standing in the matter which surrounds the issues with which he is so charged with, and I offer myself as witness for his behalf feeling it would be beyond my ability to withhold my testimony as a natural born citizen of the United States who has standing in the 2008 Presidential Election, in the defense of the same military which is sworn to protect me and uphold the United States Constitution.”
Major General calls for Obama resignation, Paul E. Vallely, MGEN US Army, Retired
From a speech given at the Lincoln Reagan Dinner on June 5, 2010 in Virginia City, Montana by Major General Paul E. Vallely, retired.
“The Declaration of Independence states:
“To secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness.”
We cannot permit the current leaders in the White House and Halls of Congress to continue in their efforts to lead us down the road of Progressive Socialism and destruction of America. This is the current battle that we Constitutionalists face and we must be aggressive in our efforts. Incompetence, Deceit, Fraud, Corruption, Dishonesty and Violation of the US Constitution of officials now come into play as relates to our National Character, National Security, Economy and the Nation’s well-being and is the rationale for resignations. Demand Resignation of derelict officials by the people of this country in now required.
Where is our Moral Compass?
The oath of office is simple and reads:
“I do solemnly swear 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 faithfully discharge the duties of the office on which I am about to enter: So help me God.”
Sadly, we have seen them violate their oath. Fraud, lying, and corruption are rampant and some have engaged in treasonous activities, and they effectively thumb their noses at us and have sold you to the highest bidder.”
“We now must call for the immediate resignation of Barry Soetoro (AKA President Barack Hussein Obama) — based on Incompetence, Deceit, Fraud, Corruption, Dishonesty and Violation of the US Constitution.
And a call for a National Petition for new elections to select the next President of the United States of America must be initiated. We can wait no longer for a change of Power and new Government.”
“Paul E. Vallely retired in 1991 from the US Army as Deputy Commanding General, US Army, Pacific in Honolulu, Hawaii. General Vallely graduated from the US Military Academy at West Point and was commissioned in the Army in 1961 serving a distinguishing career of 32 years in the Army. He served in many overseas theaters to include Europe and the Pacific Rim Countries as well as two combat tours in Vietnam. He has served on US security assistance missions on civilian-military relations to Europe, Japan, Korea, Thailand, Indonesia and Central America with in-country experience in Indonesia, Columbia, El Salvador, Panama, Honduras and Guatemala.
General Vallely is a graduate of the Infantry School, Ranger and Airborne Schools, Jumpmaster School, the Command and General Staff School, The Industrial College of the Armed Forces and the Army War College. His combat service in Vietnam included positions as infantry company commander, intelligence officer, operations officer, military advisor and aide-de-camp. He has over fifteen (15) years experience in Special Operations, Psychological and Civil-Military Operations.
He was one of the first nominees for Assistant Secretary of Defense for Special Operations under President Reagan. From 1982-1986, he commanded the 351st Civil Affairs Command that included all Special Forces, Psychological Warfare and Civil Military units in the Western United States and Hawaii. He was the first President of the National Psychological Operations Association. His units participated in worldwide missions in Europe, Africa, Central America, Japan, Solomon Islands, Guam, Belgium, Korea and Thailand. He has served as a consultant to the Commanding General of the Special Operations Command as well as the DOD Anti-Drug and Counter -Terrorist Task Forces. He also designed and developed the Host-Nation Support Program in the Pacific for DOD and the State Department. Most recently, he has in-country security assistance – experience in El Salvador, Columbia and Indonesia in the development of civil-military relations interfacing with senior level military and civilian leadership.
General Vallely is a military analyst for FOX News Channel and is a guest on many nationally syndicated radio talk shows. He is also a guest lecturer on the War on Terror. He has co-authored “Endgame: The Blueprint for Victory in the War on Terror” & “War Footing: 10 Steps America Must Take to Prevail in the War for the Free World.”
Hollister v Soetoro aka Barack Obama, Update, June 3, 2010, Motion for recusal
From Attorney John D. Hemenway.
“On behalf of Colonel Gregory Hollister, et al, Attorney John D. Hemenway filed a “Motion for Recusal” in the Colonel Gregory Hollister, et al, v. Barry Soetoro aka Barack Obama, et al, lawsuit now pending in the United States Court of Appeals for the District of Columbia. The Judge in question is Judge Robertson who ruled the issue of “the President’s citizenship was raised, vetted, blogged, texted, twittered, and was otherwise massaged by America’s vigilant citizenry…,” among numerous other bias statements. Atty Hemenway cites numerous cases including a SCOTUS case regarding bias and the recusal of Judges. The Motion for Recusal embedded below the snippet speaks for itself and is well worth the time to read.
This is the same Judge that ruled that Jihadists at Gitmo are entitled to the same benefits as our Troops.
Page 18: It is evident that from the outset to the end of his second opinion the lower court judge was operating with a strong bias, much of it derived from extrajudicial sources. We have previously mentioned that the late Norbert Wiener, in his seminal work “Cybernetics” in the 1950’s said presciently that what most people did not realize was that the information revolution that was then coming and which is now upon us would mean not just the decentralization of information but the decentralization of decision making itself. We now see that with the rise of the blogosphere and the springing up of countless independent websites not part of the centralized command media that arose in the initial days of nationalized broadcasting in the 1930’s and 1940’s and 1950’s. We see today meetings in which ordinary citizens know more about what is in the details of a bill than their Member of Congress or Senator does. The dissemination is instantaneous and the rise in independent decision-making about officeholders and their doings is overwhelming. One result is a never before seen, at least since the founding days themselves, interest in the Constitution and adherence to it as a basic principle of our Rule of Law.
This inevitably has an effect upon the insistence upon an objective appearance of an absence of bias which 28 U.S.C. 455 in its present form commands. In this case the court below has become widely known in the country and will go down in history as the “blogging and twittering” judge, one for whom a sort of affirmative action progressivism is more important than protecting and preserving the Constitution sufficiently to actually analyze the issues it presents. However, in the present structure of communications, Orwellian “memory holes” become very difficult to operate despite earnest efforts.
The defendant Soetoro has in a never before seen maneuver, used a State of the Union address to try and openly intimidate the Supreme Court into not carefully adhering to the Constitution, like a Cook County politico with the courts there. He has announced at a prayer breakfast that it is not “allowed” to know about his birth documentation. Mr. Justice Thomas has observed that the issues here are being avoided. So the message has been received. Politically orchestrated “unthinkability” of course, is no substitute for the application of the Rule of Law. It presents at the very least the spectacle of decisions being made on the basis of political bias. History will not be escaped. It will reveal whether this audacious and knowing attempt to get around the Constitution and one of its most specific requirements will succeed through a tactic of seeking to intimidate and control the courts to prevent them from applying a constitutional rule of law or whether its judges will take their oath to preserve and protect the Constitution as seriously as those who have sworn the oath to preserve and protect in the military such as Colonel Hollister do. In a very real sense it is our system of a constitutional rule of law that is on trial here, and that is under attack. Those who will not defend and protect as they have sworn to do should recuse themselves.
Their decision, in adopting the opinion below, should they chose to do so, without analyzing the actual issues, is a political one echoing the bias we have set out. As such it presents at least the appearance that violates 28 U.S.C. § 455 and they are, therefore, bound to recuse themselves.
Respectfully submitted,
/s/
JOHN D. HEMENWAY
Counsel for Appellants”
Citizen WElls 
LTC Terry Lakin, CNN retraction of defamatory comments, Citizen Wells open thread, August 16, 2010
LTC Terry Lakin, CNN retraction of defamatory comments
From American Patriot Foundation a few minutes ago.
“PRESS RELEASE
ARMY DOCTOR LTC TERRY LAKIN SUCCESSFUL IN DEMAND FOR CNN TO RETRACT DEFAMATORY STATEMENTS
JEFFREY TOOBIN WITHDRAWS VICIOUS STATEMENT HE MADE ABOUT LAKIN SAYS HE NEVER INTENDED THEM TO APPLY TO DECORATED ARMY DOCTOR
Washington, D.C., August 16, 2010. The Army doctor who is being court martialled for refusing to obey orders has demanded – and received – a retraction from CNN of defamatory comments made by Jeffrey Toobin about Lakin.
Lakin appeared on the “Anderson Cooper 360” program with his lead counsel, Paul Rolf Jensen on May 7, 2010. A few days later, CNN aired on the same program a panel discussion with three lawyers, the purpose of which was to discuss LTC Lakin and his case. During that program, the following colloquy took place between Messrs. Cooper and Toobin, and a photo of LTC Lakin was displayed during Mr. Toobin’s remarks:
COOPER: It is sad, this guy has given 18 years of service, apparently served honorably, was a doctor, and then seems to be tossing out his career for this. I mean there are principled stands you can take…
TOOBIN: In your interview you kept saying what an honorable man he is. You know, as they say at the Supreme Court, I think I dissent. You know, these people are bigots, they’re racists, they’re freaks, they’re lunatics, these are not rational players in American politics…
On June 8, 2010, Jensen wrote CNN President Jonathan Klein as well as Mr. Toobin. In that letter, Jensen wrote: “Mr. Toobin’s statement is patently false. LTC Lakin is neither irrational, a racist, a bigot, a freak, or a lunatic. Nor is there any rational basis to conclude he is any of these things, which of course was Mr. Cooper’s point. Mr. Toobin, unlike Mr. Cooper, made this statement without ever speaking with LTC Lakin (or likely anyone that knows him.) Mr. Toobin’s statement was understood to pertain to LTC Lakin and appears to have been made with actual malice, and particularly in the context given, which is Mr. Toobin contradicting Mr. Cooper saying LTC Lakin’s professional service was honorable, attacks my client’s professional character and standing.
For these reasons, Mr. Toobin’s statement constitutes per se defamation, and is unconscionable, and LTC Lakin demands it be immediately retracted, on air during the “Anderson Cooper 360″ program. Your failure to make such a retraction will leave us no choice but to sue for defamation without further notice or demand.”
Immediately upon receipt of Jensen’s letter, CNN’s Vice President and General Counsel David Vigilante contacted Jensen, and although he denied the statement was defamatory, he agreed that CNN would require Toobin to retract the statement, and true to his word, last month this is exactly what aired:
TOOBIN: Anderson, can I just add one point on an unrelated matter?
COOPER: Sure. Yes.
TOOBIN: A couple of weeks ago, we did a story about Lieutenant Colonel Terrence Lakin. He is the officer who has tried to get out of military service because he believes that President Obama was not born in the United States. He’s one of the so-called birthers. In the course of that report, I made the statement that a lot of the birthers are bigots and racists and there was a picture of Lakin behind me.
I didn’t mean to suggest that he was a bigot and a racist. I was just talking more generally. And I also should correct myself. He wasn’t trying to get out of military service. He is the subject of a court Martial, that’s why we were doing the story. But I didn’t mean to imply that about him.
COOPER: OK, Jeff, thanks.
The videos can be viewed on the website of the American Patriot Foundation, www.safeguardourconstitution.com.
LTC Lakin accepts this second statement as a complete retraction of the first. Although it is regrettable that it took Jensen’s threat of litigation to compel Toobin to take back his vile words, the fact remains that CNN did the right thing in airing this retraction. “The matter is now closed,” Lakin stated today. “CNN and Toobin did the right thing to clear my name, and while I was ready to file suit if necessary to protect my reputation, I am glad my attorney was successful without having to do so.”
Lakin is a Lt. Colonel with almost 18 years of unblemished service to the Army, with six tours of duty abroad, including tours in Bosnia and Afghanistan. He is a physician and has been awarded the Bronze Star for his service. He believes that his oath to support and defend the United States Constitution has compelled him to act as he has, because President Obama’s eligibility under the Constitution to hold office has been seriously questioned, and the President has refused all requests to release documents claimed to exist which could determine his eligibility.
Immediately prior to Lakin’s refusal to deploy, his commander, COL Dale Block wrote of Lakin, “Dr. Lakin is an extremely talented, highly knowledgeable senior Army clinician…he can always be counted on to provide me with expert advice…LTC Lakin is clearly one of the top clinicians in the Northern Regional Medical Command. He has superb clinical skills, rapport with patients and staff…Terry is the best choice for tough assignments…Already on the promotion list to Colonel, he should be groomed for positions of greater responsibility.” COL Block concluded by describing LTC Lakin as “best qualified” and recommended that LTC Lakin be selected for duty as a Clinic Commander (in other words, Block’s own position).
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 to LTC Lakin. Further details are available on the Foundation’s website, www.safeguardourconstitution.com.
—-end—-
For further information, contact: Margaret Hemenway at (202) 725-7659
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Tagged 2010, August 16, Citizen Wells open thread, CNN retraction of defamatory comments, LTC Terry Lakin