Category Archives: Generals

Generals

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.

Obama not natural born citizen, The Blaze, Glenn Beck, Call me, Citizen Wells open thread, September 2, 2010

Obama not natural born citizen, The Blaze, Glenn Beck, Call me, Citizen Wells

“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 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/

From the Citizen Wells archives December 28, 2008.

“Why I ask, should not the ‘injunctions and prohibitions’ addressed by
the people in the Constitution to the States and the Legislatures of
States, be enforced by the people through the proposed amendment?” 
“The oath, the most solemn compact which man can make with his Maker,
was to bind the State Legislatures, executive officers, and judges to
sacredly respect the Constitution and all the rights secured by it.”
Rep. Bingham (See Cong. Globe, 39th, 1st Sess., 1090 (1866))

“To understand the intent of the founding fathers in using the words
“natural born citizen”, to define presidential eligibility, one must
first examine any influential documents and opinions from those
involved in crafting the US Constitution. What is clear and indisputable
is the following:

  • A naturalized citizen is a citizen by no act of law such as naturalization.
  • A child born to US citizens on US soil is a natural born citizen.
  • The Naturalization Act of 1790 provided the following:

“the children of citizens of the United States that may
be born beyond Sea, or out of the limits of the United
States, shall be considered as natural born Citizens””

“Vattel’s “The Law of Nations”, written in 1758, was a
valuable reference guide for the founding fathers.

“§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by
certain duties, and subject to its authority, they equally participate in
its advantages. The natives, or natural-born citizens, are those born in the
country, of parents who are citizens.”

“Chief Justice of the Supreme Court, Justice John Jay, on
July 25, 1787, wrote the following to George Washington:

“Permit me to hint, whether it would be wise and seasonable to provide
a strong check to the admission of Foreigners into the administration
of our national Government; and to declare expressly that the commander
in chief of the American army shall not be given to, nor devolve on any
but a natural born citizen.””

“The Lightfoot lawsuit in CA states the obvious:

“This letter shows that the meaning of natural born citizen, is one
without allegiance to any foreign powers, not subject to any foreign
jurisdiction at birth.””

“After the US Constitution was written, further
clarifications can be found

“All persons born in the United States and not subject to any foreign
power, excluding Indians not taxed, are declared to be citizens of the
United States.”

1866, Sec. 1992 of U.S. Revised

“every human being born within the jurisdiction of the United States of
parents not owing allegiance to any foreign sovereignty is, in the
language of your Constitution itself, a natural born citizen.””

“Rep. Bingham on Section 1992 (Cong. Globe, 39th, 1st Sess., 1291 (1866))

“Bingham subscribed to the same view as most everyone in Congress at the
time that in order to be born a citizen of the United States one must be
born within the allegiance of the Nation. Bingham had explained that to
be born within the allegiance of the United States the parents, or more
precisely, the father, must not owe allegiance to some other foreign
sovereignty (remember the U.S. abandoned England’s “natural allegiance”
doctrine). This of course, explains why emphasis of not owing allegiance
to anyone else was the affect of being subject to the jurisdiction of the
United States.””

“United States v. Wong Kim Ark, March 28, 1898 Reveals the following:

“Nevertheless, Congress has persisted from 1795 in rejecting the English
rule and in requiring the alien who would become a citizen of the United
States, in taking on himself the ties binding him to our Government, to
affirmatively sever the ties that bound him to any other.”

“It is beyond dispute that the most vital constituent of the English
common law rule has always been rejected in respect of citizenship of
the United States.”

“Considering the circumstances surrounding the framing of the Constitution,
I submit that it is unreasonable to conclude that “natural-born citizen”
applied to everybody born within the geographical tract known as the United
States, irrespective of circumstances, and that the children of foreigners,
happening to be born to them while passing through the country, whether of
royal parentage or not, or whether of the Mongolian, Malay or other race,
were eligible to the Presidency, while children of our citizens, born abroad,
were not.”

“Greisser was born in the State of Ohio in 1867, his father being a German
subject and domiciled in Germany, to which country the child returned.
After quoting the act of 1866 and the Fourteenth Amendment, Mr. Secretary
Bayard said:

Richard Greisser was no doubt born in the United States, but he was on his
birth “subject to a foreign power,” and “not subject to the jurisdiction
of the United States.” He was not, therefore, under the statute and the
Constitution a citizen of the United States by birth, and it is not
pretended that he has any other title to citizenship.”

“And it was to prevent the acquisition of citizenship by the children of
such aliens merely by birth within the geographical limits of the United
States that the words were inserted.

Two months after the statute was enacted, on June 16, 1866, the Fourteenth
Amendment was proposed, and declared ratified July 28, 1868. The first
clause of the first section reads:

All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.

The act was passed and the amendment proposed by the same Congress, and it
is not open to reasonable doubt that the words “subject to the jurisdiction
thereof” in the amendment were used as synonymous with the words “and not
subject to any foreign power” of the act.””

“Perkins v Elg, 307 U.S. 325,328 (1939) differentiates between a US citizen
and a natural born citizen.  Ms. Elg, was born in Brooklyn, NY to an
American mother and a Swedish father was a US citizen, but not a natural
born citizen.”

The entire article can be and should be read here:

https://citizenwells.wordpress.com/2008/12/28/natural-born-citizen-obama-is-not-eligible-obama-birth-certificate-us-constitution-founding-fathers-intent-lawsuits-obama-kenyan-vattel%e2%80%99s-the-law-of-nations-john-jay-berg-donofrio-k/

Obama Iraq speech, Obama truth, Obama takes credit Bush deserves, Citizen Wells open thread, September 1, 2010

Obama Iraq speech, Obama truth, Obama takes credit Bush deserves

From Fox News.

“President Obama’s Oval Office address Tuesday evening was timed to mark the end of the U.S. combat mission in Iraq, though it also came two months before midterm congressional elections that could hinge on the state of the domestic economy — and Obama didn’t shy from drawing links and contrasts between the two.

Obama portrayed the end of the U.S. combat role in the Iraq as an opportunity to shift more focus to rebuilding the economy, which some economists say is increasingly in danger of falling back into a recession.

“We have spent a trillion dollars at war, often financed by borrowing from overseas. This, in turn, has short-changed investments in our own people, and contributed to record deficits,” he said, adding that too many middle-class families are working harder for less.

The troops in Iraq “have met every test that they faced,” Obama said. “Now, it is our turn. Now, it is our responsibility to honor them by coming together, all of us, and working to secure the dream that so many generations have fought for — the dream that a better life awaits anyone who is willing to work for it and reach for it”.

But Republicans refused to allow Obama to move on without noting the credit they say was due to President Bush for the troop surge in 2007 that ultimately saved a losing war effort. Although Obama had opposed the surge as a senator, Republican leaders said he should have given Bush kudos for its success.

John McCain, the Republican senator who ran against Obama in the 2008 presidential election, called it “a real lack of generosity of spirit.”

“What he should have said: ‘I opposed the surge. I was wrong. I made a mistake and George W. Bush deserves credit for doing something that was very unpopular at the time,'” McCain told Fox News. “Instead he had to say it’s well known that George Bush loves the troops.””

Read more:

http://www.foxnews.com/politics/2010/09/01/obamas-iraq-speech-shifts-focus-economy-draws-gop/

From Citizen Wells archives.

September 15, 2008.

“Obama was criticized by the Kenyan Government for his 2006 visit
to Kenya when he campaigned for his cousin Raila Odinga and
insulted the government. Now we learn that when Obama met with
Iraqi leaders “He asked why we were not prepared to delay an agreement until after the US elections and the formation of a new administration in Washington,“, stated Iraqi Foreign Minister Hoshyar Zebari. The NY Post has a breaking news article on Obama’s meeting. Here are some exerpts from the article dated Monday, September 15, 2008:

“OBAMA TRIED TO STALL GIS’ IRAQ WITHDRAWAL“

“WHILE campaigning in public for a speedy withdrawal of US troops from Iraq, Sen. Barack Obama has tried in private to persuade Iraqi leaders to delay an agreement on a draw-down of the American military presence.”

Read more:

https://citizenwells.wordpress.com/2008/09/15/obama-guilty-of-treason-stall-iraq-withdrawal-logan-act-another-illegal-act-kenya-2006-obama-demand-ny-post-september-15-2008-obama-tried-to-stall-gis-iraq-withdrawal/

August 26, 2009

“This Youtube video of the town hall meeting in Kingman, AZ on August 22, 2009, hosted by representative Trent Franks, is a must see. What is compelling about this video is the US Army veteran that served in Iraq speaking the truth about our presence there, media bias from the likes of CNN and the fact that the Iraqis voted for the first time. The Army veteran also lauded the US Constitution as the law of the land and went on to praise George Bush as a much better commander in chief than Barack Obama.

Representative Franks held another town hall meeting last night, August 25, 2009. If a video surfaces from that meeting, please forward the info.
“I don’t know this guy, but I want to say thanks. And to all those who serve in the the United States Armed Forces, thank you. You sign your lives away for the freedom of others. There are no greater heroes in this country.””

https://citizenwells.wordpress.com/2009/08/26/trent-franks-town-hall-meeting-kingman-az-iraq-veteran-cnn-army-veteran-on-us-constitution-truth-about-iraq-arizona-town-hall-youtube-video/

Lt Col Terry Lakin update, Three star general supports Lakin, Retired Air Force Lieutenant General Thomas McInerney affidavit, American Patriot Foundation

Lt Col Terry Lakin update, Three star general supports Lakin, Retired Air Force Lieutenant General Thomas McInerney affidavit

Here is an update from American Patriot Foundation on the Lieutenant General Thomas McInerney affidavit in support of Lt Col Terry Lakin.

“McInerney’s affidavit can be viewed at www.safeguardourconstitution.com. The following are extracts:

The President of the United States, as the Commander in Chief, is the source of all military authority. The Constitution requires the President to be a natural born citizen in order to be eligible to hold office. If he is ineligible under the Constitution to serve in that office that creates a break in the chain of command of such magnitude that its significance can scarcely be imagined.

As a practical example from my background I recall commanding forces that were equipped with nuclear weapons. In my command capacity I was responsible that personnel with access to these weapons had an unwavering and absolute confidence in the unified chain of command, because such confidence was absolutely essential– vital– in the event the use of those weapons was authorized. I cannot overstate how imperative it is to train such personnel to have confidence in the unified chain of command. Today, because of the widespread and legitimate concerns that the President is constitutionally ineligible to hold office, I fear what would happen should such a crisis occur today.

In refusing to obey orders because of his doubts as to their legality, LTC Lakin has acted exactly as proper training dictates. That training mandates that he determine in his own conscience that an order is legal before obeying it…Indeed, he has publicly stated that he “invites” his own court martial, and were I the Convening Authority, I would have acceded to his wishes in that regard. But thus stepping up 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.

For the foregoing reasons, it is my opinion that LTC Lakin’s request for discovery relating to the President’s birth records in Hawaii is absolutely essential to determining not merely his guilt or innocence but to reassuring all military personnel once and for all for this President whether his service as Commander in Chief is Constitutionally proper. He is the one single person in the Chain of Command that the Constitution demands proof of natural born citizenship. This determination is fundamental to our Republic, where civilian control over the military is the rule. According to our Constitution, the Commander in Chief must now, in the face of serious– and widely held– concerns that he is ineligible, either voluntarily establish his eligibility by authorizing release of his birth records or this court must authorize their discovery. The invasion of his privacy in these records is utterly trivial compared to the issues at stake here. Our military MUST have confidence”

Read more:

http://www.safeguardourconstitution.com/press-release/aug-31-three-star-general-swears-affidavit.html

Lakin court martial update, August 31, 2010, Lieutenant General Thomas McInerney affidavit in support of Lakin

Lakin court martial update, August 31, 2010, Lieutenant General Thomas McInerney affidavit in support of Lakin

Here is an update just in on the Lt Col Terry Lakin Court Martial,

From the press release.

Washington, D.C., August 31, 2010. Retired Air Force Lieutenant General Thomas McInerney has supplied an affidavit in support of Army Lieutenant Colonel Terrence Lakin, who faces trial on October 13-15. The retired Air Force three-star is the highest ranking officer yet to lend public support to LTC Lakin. His affidavit acknowledges widespread concerns over the President’s Constitutional eligibility and demands the President release his birth records or the court authorize discovery.

Read more:

https://docs.google.com/viewer?a=v&pid=gmail&attid=0.2&thid=12ac9eb3d65b9c0f&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D2485918dad%26view%3Datt%26th%3D12ac9eb3d65b9c0f%26attid%3D0.2%26disp%3Dattd%26realattid%3D6f024a698b56d0ee_0.2%26zw&sig=AHIEtbR2DU8QeqqkLAiiljxSG4IxVOXDDg&pli=1

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.

Obama exposed, US military, Blagojevich trial, Economy, Socialist agenda, Citizen Wells open thread, June 23, 2010

Obama exposed, US military, Blagojevich trial, Economy, Socialist agenda

“You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”…Abraham Lincoln

Little by little it has been happening. American citizens are waking up to the reality of Barack Obama. Generals are speaking out, the economy is shaky, Obama’s socialist agenda is obvious and the Rod Blagojevich trial continues. I am following up on something I discovered from the trial evidence. It could be a small smoking gun.

General Stanley McChrystal, Obama, Major General Paul E. Vallely, Oath of office, Patriot or career soldier, Sunshine patriot, Defend the Constitution of the United States against all enemies, foreign and domestic

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.””

Read more:

http://www.rollingstone.com/politics/news/17390/119236

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.”

Source:

http://www.intelligencesummit.org/speakers/PaulVallely.php

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.