Category Archives: Defense

Blagojevich jurors speak out, No smoking gun presented, Rezko for example, Citizen Wells open thread, August 18, 2010

Blagojevich jurors speak out, No smoking gun presented, Rezko for example

From the Chicago Tribune August 18, 2010.

“”They were very strong personalities,” foreman James Matsumoto said of the jurors. “They were all independent thinkers.”

He said he would have convicted Blagojevich on all counts, saying that the case slowly built, “layer upon layer.”

“You just say, ‘God, what was he doing?’ You find out here they were selling seats on boards and commissions. That to me was shocking,” Matsumoto said.

But in the end, he said, the “lack of a smoking gun” was too much of a hurdle for jurors to reach more than the one unanimous decision.

“We deliberated logically and with respect for each other’s opinions,” Matsumoto said. Still, he added, “it was very frustrating.”

Erik Sarnello, 21, of Itasca, said a female juror who was the lone holdout on convicting Blagojevich of attempting to sell the Senate seat “wanted clear-cut evidence, and not everything was clear-cut.”

Sarnello, a sophomore at College of DuPage studying criminal justice, said the main problem with the prosecution’s case was that it was all over the place.

“It confused people,” he said. “They didn’t follow a timeline. They jumped around.”

The foreman said jurors came close to convictions on a number of the 24 counts — as close as 11-1 — but remained far apart on others.”

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-verdict-jury-20100818,0,1234825.story

Obviously, Tony Rezko is the biggest smoking gun.

Blagojevich trial, Day 11 of jury deliberations, Citizen Wells open thread, August 11, 2010

Blagojevich trial, Day 11 of jury deliberations

Today, August 11, 2010, is day 11 of jury deliberations in the Rod Blagojevich trial. What will the verdict be? That’s anybody’s guess. What is the real verdict? The US Justice Department is corrupt and the fix was in many months ago. Remember folks, regardless of the verdict, it can be appealed.

CNN reports Terry Lakin court martial, Lou Dobbs reported facts, CNN misrepresents Obama birth certificate, Citizen Wells open thread, August 7, 2010

CNN reports Terry Lakin court martial, Lou Dobbs reported facts, CNN misrepresents Obama birth certificate

CNN is reporting on the LTC Terry Lakin court martial proceedings. While I am pleased that they are presenting this story, CNN is not letting facts get in the way of covering for Obama and his eligibility problems.

“Before birther row, Lt. Col. Lakin racked up medals as flight surgeon”

Lt. Col. Terrence Lakin wants proof that President Obama was born in the United States.

STORY HIGHLIGHTS

“Lt. Col. Terrence Lakin accused of missing a plane, refusing to deploy to Afghanistan

Foundation: Certification, birth announcements not the same as birth certificate
Honolulu newspapers, Hawaii’s Republican governor have said Obama was born there
Military law expert: It’s unlikely court will address Obama’s birthplace during court-martial”

“Lt. Col. Terrence Lakin is a poster soldier for the so-called birther movement, but for 17 years prior to his court-martial proceedings, the flight surgeon served around the globe, racking up a chest full of medals.

Military prosecutors allege that the Colorado native intentionally missed a plane in April after disobeying four lawful orders from superiors. Lakin has said he refused to deploy to Afghanistan until he sees proof that President Obama was born in the U.S.

In a YouTube explanation posted before he was charged, Lakin said he had no choice but the “distasteful one of inviting my own court-martial.”

“If [Obama] is ineligible, then indeed, all orders are illegal because all orders have the origin with the commander in chief,” he said.

The Uniform Code of Military Justice says the maximum punishment for both offenses — missing his plane and disobeying lawful orders — is a dishonorable discharge and up to two years in confinement. A guilty verdict could also result in forfeiture of his pay, which totals $7,959 a month, according to a charge sheet provided by a group sponsoring his defense.

Lakin is among 27 percent of Americans who doubt or deny that Obama is American-born, according to a recent CNN/Opinion Research Corp. poll. They compose the birther movement, which demands that Obama present a birth certificate signed by the doctor who delivered him in 1961.

Obama has made public an unsigned “certification of live birth,” which birthers claim is not the same as a birth certificate. However, two Honolulu, Hawaii, newspapers have presented birth announcements for Obama, and the state’s Republican governor has confirmed that the president was born in the Aloha State.”

Read more.

http://www.cnn.com/2010/CRIME/08/06/terrence.lakin.birther.bio/index.html

There are at least several inaccurate amd misleading statements above. Some of these false statements are addressed by Lou Dobbs in one of the few and perhaps only attempts on CNN to accurately cover Obama’s failure to produce a legitimate birth certificate.

 

LTC Terry Lakin arraignment, August 6, 2010, Obama birth certificate, US Constitution, Citizen Wells open thread

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.”

Read more:

http://www.cnn.com/2010/CRIME/08/06/birther.court.martial/?hpt=T2

Lakin hearing location change, Ft Belvoir, LTC Terry Lakin court martial, Public hearing

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.
 
Online Version:
http://www.safeguardourconstitution.com/news/hearing-at-fort-belvoir.html
WHAT YOU CAN DO NOW
Support Terry’s Efforts
http://www.safeguardourconstitution.com/support-the-foundation.html

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Forward this email to anyone you feel may have an interest in Terry’s case.
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Lakin court martial, Obey orders, Disobey orders, Oath of office, US Constitution, Citizen Wells open thread, August 5, 2010

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.

Lakin court martial, August 2, 2010, Fort McNair Washington DC, American Patriot Foundation press release

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.
 
Further details are available on the Foundation’s website, www.safeguardourconstitution.com.
 
—-end—-
For further information, contact: Margaret Hemenway at 202-725-7659
 

http://www.safeguardourconstitution.com/press-release/pressrelease20100812.html

Blagojevich trial verdict anticlimatic, Blagojevich fix in years ago, Citizen Wells open thread, August 1, 2010

Blagojevich trial verdict anticlimatic, Blagojevich fix in years ago

The Blagojevich trial jury has requested transcripts from the trial. Judge Zagel may provide some of them. However, no matter how this farce plays out, regardless of the outcome, it will be anticlimatic. The fix was in years ago. Some kind of deal was struck between Blagojevich, Rezko and Obama. The US Justice Department is corrupt and just as in the dismissal of the case against the New Black Panther Party, openly displays a racial bias. We also have evidence of this in the total disregard for the Constitution by federal judges when they have been confronted by overwhelming evidence against Obama’s eligibility. Will the US Supreme Court rise to the occasion to check the miscarriage of justice? Will another whistleblower come forward? 

If anyone questioned corruption in the US Justice Dept. in the past, with the dismissal of the New Black Panther Party case and the flagrant manipulation of evidence combined with delays and timing in the Blagojevich trial, all doubts must be erased.

Blagojevich trial conspiracy, Protect Obama, US Justice Department corruption, Part 6, Trial shortened, Evidence omitted

Blagojevich trial conspiracy, Protect Obama, US Justice Department corruption, Part 6

Blagojevich trial

Protecting Obama

Part 6

Trial shortened – Evidence omitted

From the Evidentiary Proffer in the Rod Blagojevich trial.

“This proffer begins by discussing case law governing the admissibility of co-conspirator statements under Rule 801(d)(2)(E), and, alternatively, other provisions of Rule 801(d)(2). Next, this proffer summarizes some of the evidence supporting the admission of co-conspirator statements. In this manner, the government will establish to the Court the existence of the evidence available to complete the necessary foundation at trial, the roles of certain witnesses, and the bases for admission. The government is not detailing all of its evidence that would go to show the existence of the pertinent conspiracies, or all of the co-conspirator statements that were made in furtherance of the conspiracies charged in the indictment. Rather, this proffer highlights for the Court samples of the government’s evidence in order to establish to the Court the existence of the conspiracies described in Counts Two, Seventeen, Eighteen, Twenty-One, and Twenty-Three, and the scheme described in Counts Three through Thirteen, and the roles of the various conspirators.”

OVERVIEW OF THE CHARGED OFFENSES
“Defendant Rod Blagojevich has been charged with conspiracy to commit racketeering acts, racketeering, mail and wire fraud, attempted extortion, conspiracy to commit extortion, bribery, and conspiracy to commit bribery, while defendant Robert Blagojevich has been charged with wire fraud, conspiracy to commit extortion, attempted extortion, and conspiracy to commit bribery. The Second Superseding indictment charges that the defendants, together with others, used and agreed to use the powers of the Office of the Governor of the State of Illinois, and of certain state boards and commissions subject to influence by the Office of the Governor, to take and cause governmental actions, including: appointments to boards and commissions; the awarding of state business, grants,
and investment fund allocations; the enactment of legislation and executive orders; and the appointment of a United States Senator; in order to obtain financial benefits for themselves and others, including campaign contributions for Rod Blagojevich, and employment for Rod Blagojevich and his wife.”

Beginning with

“THE GOVERNMENT’S PROFFER REGARDING THE EXISTENCE OF A CONSPIRACY”

Pages 15 to 52  reveal Blagojevich’s involvement in corruption beginning in 2002 and going into the summer of 2008. Here are some of the names mentioned in this section:

Tony Rezko

Stuart Levine

Patti Blagojevich

John Harris

Christopher Kelly

Alonzo Monk

Joseph Cari

William Cellini

Robert Weinstein

Ali Ata

Joseph Aramanda

Daniel Mahru

Fortune Massuda

Imad Almanaseer

Michel Malek

Jacob Kiferbaum

Out of this 91 page document, 38 pages are loaded with names and events tied to Rod Blagojevich from 2002 to the summer of 2008. Beginning on page 52 and to page 90 are references to Blagojevich shady dealings primarily from the summer of 2008 on.

CONCLUSION
“The above is an outline of the evidence that the government will introduce to establish that a conspiracy existed involving defendant Rod Blagojevich, Blagojevich’s wife, defendant Robert Blagojevich, Christopher Kelly, Antoin Rezko, Alonzo Monk, Stuart Levine, Sheldon Pekin, Joseph Cari, Jacob Kiferbaum, William Cellini, John Harris, Deputy Governor A, Individual I, Advisor A, and Advisor B, and that conspiracy allowed defendants Rod Blagojevich and Robert Blagojevich to commit the charged offenses. This Court should find, based upon this proffer, that coconspirators’ statements are admissible pending the introduction of evidence to support this proffer.”

http://www.scribd.com/doc/29924979/Government-Evidentiary-Proffer-Against-Rod-Blagojevich-4-14-10

As noted in part 5 of this series, Tony Rezko’s name was mentioned approximately 288 times in the Evidentiary Proffer. The above numbers reveal that of the evidence presented in the Proffer, 38 pages are loaded with names and corruption activities tied to Blagojevich from 2002 to mid 2008. And yet neither Tony Rezko or Stuart Levine were called as witnesses. And just as predicted and warned about here, the focus of the trial was the selling of Obama’s senate seat.

The approximately 39 pages devoted to Blagojevich’s activities mainly from mid 2008 to his arrest reveal much about the chicanery crafted in this setup. These pages are at most a continuation of Blagojevich’s activities in the prior 6 years. They are more general in nature and in the case of the selling of the senate seat, more open to interpretation.

Compare these facts to the evidence and witnesses of the Blagojevich trial.

It is clear from the facts, from the evidence that:

Rod Blagojevich should have been arrested and indicted by 2006.

The arrest of Blagojevich was delayed until after the 2008 election to protect Obama.

The shortening of the trial was designed to protect Obama and the Democrats.

The withholding of evidence and not calling witnesses such as Tony Rezko and Stuart Levine was designed to protect Blagojevich and Obama. The theatrics playing out in court are likely to be a diversion to make it appear that the defense wanted Rezko and Levine to take the witness stand. Rezko and Levine know too much about both Blagojevich and Obama. That is why the Justice Department did not call them as witnesses. We have confirmation from this apparent scheme and other revelations that the US Justice Department is corrupt.

Blagojevich trial corruption revealed, Witnesses not called, Evidence not presented, Citizen Wells open thread, July 27, 2010

Blagojevich trial corruption revealed, Witnesses not called, Evidence not presented

“Curiouser and curiouser”…Alice in Wonderland by Lewis Carroll

From the last article at Citizen Wells article taken from the Chicago Tribune. Blagojevich attorney Sam Adam Jr. leaves the courtroom in protest.

“Adam announced to U.S. District Judge James Zagel that he wouldn’t follow the judge’s order barring him from arguing that the government didn’t call some key witnesses to point the finger at the former governor. Adam wants to be able to tell the jury that they weren’t called because they would have been helpful to Blagojevich.

Zagel threatened to hold him in contempt of court if he proceeded, and Adam said he would take that risk.

“I’m willing to go to jail for this, your honor,” Adam said loudly. “I cannot follow your order on this.”

Having that door closed makes it impossible for him to effectively represent Blagojevich, Adam said. He said he should be able to argue that the government could have called witnesses such as fundraiser Antoin “Tony” Rezko, political insider Stuart Levine and Blagojevich’s general counsel, William Quinlan.”

Is this part of some theatric scheme? A diversion on top of diversions? Bringing Tony Rezko and Stuart Levine to the stand does not help Blagojevich, but it does hurt Obama.

Part 6 of the series on protecting Obama and US Justice Department corruption will be presented today. It further reveals the amount of evidence withheld and how the trial was skewed to focus on events that happened in the latter half of 2008 to the exclusion of most of the corruption that Blagojevich and his cronies were involved in.