Lakin court martial, Obey orders, Disobey orders, Oath of office, US Constitution
Several days ago we learned.
“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.”
The military officers oath of office.
“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.”
Under the Uniform Code of Military Justice, UCMJ, it is a crime to disobey a lawful order. Ultimately all orders flow from the commander in chief, the office of the president of the US. Here is an example of an order that should be challenged. Let’s suppose that a coup was taking place in the US. Let’s suppose that a rogue Speaker of the House was keeping the the president and vice president captive in a secret place and announced that they had been killed. Let’s further suppose that the Speaker gets sworn in rapidly and then begins issuing orders to the military. Let’s further suppose that an order is issued for an invasion of a country. Should military officers blindly follow this order?
The answer is obvious. The orders and the Speaker taking the presidency should be questioned, more information obtained.
We have a very similar situation now with Barack Obama illegally occupying the White House with no proof whatsoever that he is eligible. Terry Lakin has every right and duty to question this. Obama continues to use government attorneys to avoid presenting a legitimate birth certificate and other records. We have a usurper in the White House and thus every military order is subject to question.
LTC Lakin has a duty to defend the US Constitution and disobey illegal orders. It is Lakin’s superiors who should be court martialed.
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.
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