Category Archives: Judicial misconduct

LTC Lakin verdicts, Terry Lakin patriot, Obama Congress Supreme Court State Election Officials Mainstream Media guilty

LTC Lakin verdicts, Terry Lakin patriot, Obama Congress Supreme Court State Election Officials Mainstream Media guilty

“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

 

“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

 

LTC Terry Lakin

American Hero

 

Guilty of Treason: Barack Hussein Obama

Guilty of dereliction of Duty:

Congress

US Supreme Court

State Election Officials

Guilty of conspiracy to Defraud the American Public: US Mainstream Media

From Citizen Wells November 12, 2008.

“What I am about to write is so inherently simple and self evident,
that it may appear on the surface to be implausible. However, the
following facts and arguments flow from the founding fathers’ wisdom
and desire to protect the American citizens from tyrrany. I have read
the US Constitution, Federal election law and numerous state election
laws. I have had dialogue with offices of a number of Secretaries of State
and Election Boards. The US Constitution gives the states power over
the general election. The states control which candidates are placed
on ballots and regardless of the methodology used for doing so, I
believe the states have the power and obligation to verify eligibility
of presidential candidates. I find no federal or state law prohibiting
states from doing so and instead a constitutional duty to ensure that
a qualified candidate becomes a ballot choice for the Electoral College
Electors. Failure to do so effectively may lead to voter disenfranchisement.
I have believed and stated for weeks that the Tenth Amendment to the US Constitution gives US citizens the power to demand that a presidential
candidate prove eligbility and certainly standing in a lawsuit. A lawsuit
should not be necessary. We already have the power, directly from the
US Constitution Bill of Rights.
Argument:

  • The US Constitution clearly defines the eligibiity requirement for president.
  • The US Constitution rules.
  • The US Constitution gives states the power to choose electors. With this power comes the obligation to uphold the Constitution and protect voter rights.
  • State laws vary but are consistent in their approach to placing
    presidential candidates on the ballot.
  • Presidential Balloting evolved from tradition.
  • The two party system evolved from tradition.
  • States place presidential candidates on ballots from instructions of
    the major political parties.
  • States should have enacted laws to require proof of eligibility.
  • States are not exercising their duty to the Constitution.
  • States have the power and obligation to ensure that only eligible candidates remain on ballots. Despite compelling evidence that Barack Obama is not eligible, and notification, the states left him on the ballot.
  • States claim no power to remove a candidate when in fact they do have power over the general election process.
  • The Tenth Amendment to the Constitution gives the people power, including Phil J Berg, Leo C. Donofrio and others that have had their lawsuits dismissed in state courts.

By virtue of the powers given to the people in the Tenth Amendment in The BIll of Rights of the US Constitution, we do not have to file lawsuits to demand proof of eligibility or require state election officials to do so.

A US citizen filing a lawsuit demanding that a presidential candidate provide proof of eligibility has standing.”

 

“Philip J Berg lawsuit
Judge Surrick ruling exerpts:
“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”
“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”
Philip J Berg response to ruling:
“an American citizen is asking questions of a presidential candidate’s eligibility to even hold that office in the first place, and the candidate is ducking and dodging questions through legal procedure.”
“This is a question of who has standing to stand up for our Constitution,”  “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?”
Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising:
“October 29, 2008
Who Enforces the Constitution’s Natural Born Citizen Clause?”
“So if the Framers established that courts “shall” hear cases arising under the Constitution, and failed to authorize Congress to otherwise establish who may sue to enforce the document, then where might we find conclusively that Berg has standing to sue?
The 10th Amendment to the Constitution states that the powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people.  Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.”
“Chief Justice John Marshall, writing in Marbury v. Madison, said that judges have a duty to decide cases under our paramount law, the Constitution. I have lamented previously about how some judges tend to evade their duty to decide constitutional matters by resorting to court-made doctrines.  Judge Surrick’s reliance on case law to dismiss Berg’s suit for lack of standing is reasoned from a lawyer’s perspective, but not heroic and perhaps evasive of his larger duty.
His decision to “punt” the matter to Congress creates, I suggest, a dangerous, longer and perhaps more painful constitutional quagmire than had he heard the evidence in the case.  Even had the case lacked merit, the Constitution would not have been harmed.”
Read more here:
http://www.americanthinker.com/2008/10/who_enforces_the_constitutions.html
Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”
Mr. Washington wrote the following response to the Philip J Berg lawsuit and Judge Surrick ruling in a World Net Daily article dated November 8, 2008 :
“Unfortunately, just 10 days before the election, a court of appeals judge threw out Berg’s lawsuit challenging the veracity of Obama’s U.S. citizenship status on technical grounds. Judge R. Barclay Surrick, a Jimmy Carter-appointed judge, amazingly (and with a tinge of irony), stated his opinion in part:
In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Surrick defers to Congress, saying that the legislature could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.
“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”
Judge Surrick, quoting from Hollander, concludes, “The alleged harm to voters stemming from a presidential candidate’s failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury.”
Surrick also quotes Lujan v. Defenders of Wildlife, which stated, in part, “The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy.”
Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.
That Berg’s complaint is not “concrete or particularized enough to constitute an injury” is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!
I am somewhat hopeful that Berg will successfully appeal Surrick’s outrageous decision to 3rd Circuit Court of Appeals and then to the United States Supreme Court if necessary, even if technically he doesn’t have standing to hold Obama accountable to the Constitution. Why? Because this is America, and out of 300 million people, someone should give a damn enough about this republic to make sure the person who holds the highest elected office in the land holds it legitimately based on the black letter text of Article II, Section 1 of the U.S. Constitution.”
Read the complete article here:
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=80435

” 

LTC Terry Lakin court martial, Chain of command, US Army Study Guide, General George Casey, Chief of Staff, Citizen Wells open thread, December 8, 2010

LTC Terry Lakin court martial, Chain of command, US Army Study Guide, General George Casey, Chief of Staff

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

I, [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

Which part of “Chain of Command” do they not understand?

From Citizen Wells September 5, 2010.

“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:

https://citizenwells.wordpress.com/2010/09/05/lakin-court-martial-commander-in-chief-chain-of-command-citizen-wells-open-thread-september-5-2010/

LTC Terry Lakin memo dated November 20, 2009.

“MEMORANDUM FOR General Casey, Chief of Staff, U.S. Army

SUBJECT: Complaint of Wrongs Under Article 138, UCMJ (AR 27-10)

1. I would like to officially submit a complaint under Article 138, UCMJ against General Casey, Chief of Staff of the Army. I believe General Casey is following and promulgating invalid and/or illegal orders from a person that is not eligible to be the Commander-in-Chief of our Armed Forces.”

Read more:

 http://www.safeguardourconstitution.com/images/stories/documents/apf05-ucmjarticle138nov16.pdf

JAG letter to LTC Lakin dated December 11, 2009.
“This responds to your November 20, 2009, memorandum to General George Casey, Chief of Staff, U.S. Army, subject: Complaint of Wrongs Under Article 138 (AR 27-10).”
Army Regulation 27-10, paragraphs 20-4b and 20-4e define the terms “commanding officer” and “wrong,” respectfully. A “commanding officer” is “[a]n officer in the complainant’s chain of command, up to and including the first officer exercising general court-martial jurisdiction over the complainant, authorized to impose nonjudicial punishment (Article 15, UCMJ) on the complainant.” General Casey does not meet the definition of “commanding officer” because he is not a member of your chain of command and he does not have the authority to impose nonjudicial punishment on you.”

“Robin N. Swope
Colonel, US Army
Chief, Administrative Law Division”

Read more:

http://www.safeguardourconstitution.com/images/stories/documents/apf06-jagletter0717_001.pdf

Which part of “Chain of Command” do they not understand?

Obama, if he were eligible to be president, would be in this chain of command. Since he is not eligible, he should immediately be arrested. If you are in the military, including, but not limited to General Casey, and you are not involved in removing or at least challenging the usurper in the White House, you should be court martialed, not LTC Lakin. If you are involved in preventing LTC Lakin from challenging the usurper, Obama, from doing his sworn duty as a military officer, you should be shot.

Hollister v. Soetoro aka Barack Obama update and history, Judge James Robertson biased or incompetent, Bias or conspiracy?

Hollister v. Soetoro aka Barack Obama update and history, Judge James Robertson biased or incompetent, Bias or conspiracy?

“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

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

Is Judge James Robertson biased, incompetent or part of a conspiracy?

Citizen Wells December 30, 2008.

“Berg today, with co-counsel Lawrence J. Joyce, Esquire, filed another lawsuit in Federal Court in the United States District for the District of Columbia on behalf of Retired Colonel Hollister against Barry Soetoro a/k/a Barack Hussein Obama demanding to know Obama’s real name and if he is constitutionally qualified to be President. Plaintiff, Gregory S. Hollister, is a resident of Colorado Springs, Colorado and Hollister has “standing” and needs a decision so he knows whether or not to follow any Order of Soetoro a/k/a Obama.”

Read more:

https://citizenwells.wordpress.com/2008/12/30/philip-j-berg-lawrence-j-joyce-esquire-retired-colonel-hollister-lawsuit-december-30-2008-obama%e2%80%99s-lack-of-qualifications-challenged-gregory-s-hollister-hollister-has-standing-inter/

Citizen Wells February 5, 2009.

“The following Order from DC District Court Judge James Robertson was issued for Hollister v. Soetoro yesterday:

ORDER
Plaintiff’s motion to file interpleader and deposit funds with the court [#2] is frivolous and is denied. His motion to shorten time for defendants to respond to his complaint [#3] is moot and is denied. The motions of his counsel [#4, #5] for the admission pro hac vice of Philip J. Berg and Lawrence J. Joyce are in abeyance until the Court has had the opportunity, in open court, to examine their credentials, their competence, their good faith, and the factual and legal bases of the complaint they have signed.
JAMES ROBERTSON
United States District Judge”

Read more:

https://citizenwells.wordpress.com/2009/02/05/hollister-v-soetoro-philip-j-berg-dc-district-court-judge-james-robertson-february-4-2009-colonel-hollister-motion-for-response-time-denied-interpleader-motion-denied-motion-for-pro-hac-vice/

Citizen Wells March 6, 2009.

“The following is from a Memorandum issued by
United States District Judge James Robertson
on March 5, 2009. The Memorandum is a response
to the Hollister vs Soetoro lawsuit.”

 
“This case, if it were allowed to proceed, would deserve
mention in one of those books that seek to prove that the law is
foolish or that America has too many lawyers with not enough to
do. Even in its relatively short life the case has excited the
blogosphere and the conspiracy theorists. The right thing to do
is to bring it to an early end.”
“The plaintiff says that he is a retired Air Force
colonel who continues to owe fealty to his Commander-in-Chief
(because he might possibly be recalled to duty) and who is
tortured by uncertainty as to whether he would have to obey
orders from Barack Obama because it has not been proven — to the
colonel’s satisfaction — that Mr. Obama is a native-born
American citizen, qualified under the Constitution to be
President. The issue of the President’s citizenship was raised,
vetted, blogged, texted, twittered, and otherwise massaged by
America’s vigilant citizenry during Mr. Obama’s two-year-campaign
for the presidency, but this plaintiff wants it resolved by a
court.”

Read more:

https://citizenwells.wordpress.com/2009/03/06/hollister-vs-soetoro-us-district-judge-james-robertson-march-5-2009-philip-berg-hemenway-obama-not-eligible-col-hollister-barry-soetoro-judicial-judge-robertson-memorandum-air-force-colonel/

The following statement by Judge Robertson should be sufficient to have him impeached:

“The issue of the President’s citizenship was raised,
vetted, blogged, texted, twittered, and otherwise massaged by
America’s vigilant citizenry during Mr. Obama’s two-year-campaign
for the presidency, but this plaintiff wants it resolved by a
court.”

Obama’s citizenship may be an issue, but it is not the critical issue, which is his natural born citizen status and eligibility for the presidency per the US Constitution. Judge Robertson’s reference to the vetting of Obama on social media sites stands on it’s own for a high level of stupidity. The quote from Marbury v Madison above is the final arbiter of Judge Robertson’s guilt.

From World Net Daily November 26, 2010.

“Supremes challenged to put Constitution above Twitter”

“The U.S. Supreme Court is being asked to decide whether the Constitution will trump Twitter on issues of national importance, including the eligibility of a president, which could determine the very future of the American form of government.

The request is being made in a petition for writ of certiori, or a request for the Supreme Court to review the decision of a lower appellate court, in a case brought on behalf of Col. Gregory S. Hollister, a retired Air Force officer.

He is among the many who have brought court challenges to Obama’s tenure in the Oval Office based on doubts about whether Obama qualifies for the position under the U.S. Constitution’s demand that presidents be a “natural born citizen,” a qualification not imposed on other many other federal officers.

The pleadings submitted to the court, compiled by longtime attorney John D. Hemenway, cite the incredible importance of the claims that Obama, in fact, failed to qualify for the office.”

“The questions suggested by the petition are weighty:

  • “Did the district court examine the complaint, as required by the decisions of this and every other federal court, to see if it alleged facts to support its claims?”
  • “By refusing to consider the issue of defendant Obama not being a ‘natural born citizen’ as set out in Article II, Section 1, Clause 5 of the Constitution, did the district court violate its obligations to consider the issues raised by the complaint?”
  • “In … relying on extrajudicial criteria such as an assertion that ‘the issue of the president’s citizenship was raised, vetted, blogged, texted, twittered and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency’ combined with an attack on petitioner … did the district court not engage in such obvious political bias and upon extrajudicial factors as to render its opinion void?”
  • “Did the … bias engaged in lead to a decision which ignored the law as set out above and as a result place the respondent-defendant Obama above that law and the rule of law in this country generally and threaten the constitutional basis and very existence of our rule of law?”
  • “Did the courts below not completely ignore the decisions of this court and the clear language of Rule 15 of the federal Rules of Civil Procedure concerning amendments so as to compound its biased elevation of the defendant Obama above the rule of constitutional law?”

Read more:

http://www.wnd.com/index.php?fa=PAGE.view&pageId=233177

Thanks to commenter GORDO.

Lakin court martial judge Pentagon Prostitute?, Colonel Denise R. Lind, Citizen Wells open thread, September 29, 2010

Lakin court martial judge Pentagon Prostitute?, Colonel Denise R. Lind

There are plenty of pimps and prostitutes in our government, from Obama to his White House staff, to our courts and even our military. Pimps and prostitutes doing the bidding of the mack daddy in chief, Obama. When I read this article this morning, it had to go up.

From TheBirthers.org.

“This is a question that cost me more than a few stripes in my short but colorful military career, but I find that I need to ask Army Col. Denise R. Lind, (the Judge, Jury and Executioner in the trial of the United States vs. Lt. Col. Lakin,) this same question.

 
You did take an oath when they pinned those “butter bars”on your shoulders. As an officer you do not swear to obey a person, but to be faithful to the Constitution of the United States. Something about protecting and defending it against all enemies, foreign and domestic is missing from your perspective which is why I need to ask you this question.

 
It was more than one time coming back from the field I would run into some WM, looking for a salute, usually I was simply too damn tired to play their game. And I would usually found myself standing in front of the “Gunner” who would ask me why I didn’t salute the young lieutenant, and I would stand there at attention and with a straight face look the Gunner in the eye and say, “Sir, I could not distinguish between rank or jewelry, sir.” Normally it was a reduction in rank, and a nominal fine, and the WM would walk out of the Gunner’s office thinking she won. Then the Gunner would pull the bottle of Jack out of his drawer and give me words of his wisdom. He said if you cannot respect the person, you respect the rank. You do not salute the person who did not earn respect, but the rank on their shoulders.

 
Well Denise let me put it this way, I can never respect a Pentagon Prostitute, so I am looking at your shoulders to see your rank. What I see are not eagles, they are vultures. It is not rank I see, just cheap costume jewelry.”

Read more:

http://www.thebirthers.org

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

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

From Alan Keyes September 4, 2010.

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

I doubt that most people would be shocked to learn that sometimes the influence of power can interfere with and even derail the course of justice in our legal system.  Behind the scenes, a phone call from a powerful politician, or a corporate mogul often affects the actions or judgments of people whose personal ambitions they are in a position to help or hinder.  Usually though, people giving heed to such considerations have enough sense to cloak what they do with words or actions that give their corruption at least the appearance of probity.  Maybe its the tribute that vice renders to virtue.  Maybe its nothing more than self-serving prudence (the mask of honesty that facilitates corruption.)

However, when court officers conclude that such hypocrisy is no longer worth the effort, things are pretty far gone.  The video featured with this post  focuses on the recent decision by Col. Denise R. Lind, the military judge charged with presiding over the court martial of Lt. Col. Terry Lakin.  People who still care about American justice will recognize the facts as confirmation that America has passed ‘far gone’ and is approaching the point of no return.

Judging by Col. Lind’s demeanor, the court marital is apparently slated to be the inaugural “show trial” of Obama style Stalinism in the United States.  Without even a show of rational argumentation ( as WND’s story reporting Judge Roy Moore’s insightful comments makes clear) she has denied Lt. Col Lakin “the right to obtain potentially exculpatory evidence” for use in the Court Martial proceedings brought against him on the charge of refusing to obey lawful orders from the military chain of command until the issue of Barack Obama’s eligibility for the Office of President has been investigated and resolved by the decision of a properly constitutional  authority.

The Judge’s derelict disregard for constitutional right adds this military tribunal to the long list of civilian courts that have made themselves vehicles for the anti-American elite’s purposeful derogation of the authority of the U.S. Constitution.  In the course of her dereliction, however, Lind spoke of the documentary evidence Obama has thus far abused government power to suppress.  She proclaimed that “opening up such evidence could be an “embarrassment” to the president.”

It’s marvelous that a supposedly competent legal officer of the United States military could cram so much prejudicial nonsense into so few words.  She refers to Obama as president.  But because, among other things, of her own action, his status as president is, as the lawyers might say, a fact not in evidence.  If he is in fact not constitutionally eligible for the office, then he is not president.  If he is not in fact constitutionally eligible, then no lawful authority emanates from him to the military chain of command.  Therefore,  Lt.Col Lakin is not guilty of the charge against him.  Judge Lind’s language is prima facie evidence of prejudice, and she should either recuse herself or be removed from the case.

She suggests that the evidence might be embarrassing to Obama.  Since when is the embarrassment that may attend the discovery that a public official has sworn or acted dishonestly a lawful reason to suppress evidence tending to establish his official malfeasance?  Since when does the mere possibility of such official embarrassment justify suppressing the constitutional rights of a person accused of a serious crime and liable, upon conviction, to onerous punishment?

Judge Lind’s words appear at the very least, prejudicial. However, they may also raise the possibility of serious malfeasance on her part.  How has she reached the conclusion that the evidence in question may be embarrassing to Obama?  Has she privily received communications to that effect?  If so, why did she not publicly indicate the source or sources of these communications, so that Lt. Col. Lakin could claim his constitutional right to confront, in a proper hearing, the witnesses against him?”

Read more:

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

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

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 the hustler birth certificate defiance, Judicial misconduct, US Constitution, Citizen Wells open thread, August 30, 2010

 Obama the hustler birth certificate defiance, Judicial misconduct, US Constitution

In response to Obama, the hustler, continuing to arrogantly defy presenting a legitimate birth certificate, an article from the Citizen Wells archives dated November 12, 2008 is presented.

Philip J Berg lawsuit
Judge Surrick ruling exerpts:
“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”
“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”
Philip J Berg response to ruling:
“an American citizen is asking questions of a presidential candidate’s eligibility to even hold that office in the first place, and the candidate is ducking and dodging questions through legal procedure.”
“This is a question of who has standing to stand up for our Constitution,”  “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?”
Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising:
“October 29, 2008
Who Enforces the Constitution’s Natural Born Citizen Clause?”
“So if the Framers established that courts “shall” hear cases arising under the Constitution, and failed to authorize Congress to otherwise establish who may sue to enforce the document, then where might we find conclusively that Berg has standing to sue?
The 10th Amendment to the Constitution states that the powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people.  Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.”
“Chief Justice John Marshall, writing in Marbury v. Madison, said that judges have a duty to decide cases under our paramount law, the Constitution. I have lamented previously about how some judges tend to evade their duty to decide constitutional matters by resorting to court-made doctrines.  Judge Surrick’s reliance on case law to dismiss Berg’s suit for lack of standing is reasoned from a lawyer’s perspective, but not heroic and perhaps evasive of his larger duty.
His decision to “punt” the matter to Congress creates, I suggest, a dangerous, longer and perhaps more painful constitutional quagmire than had he heard the evidence in the case.  Even had the case lacked merit, the Constitution would not have been harmed.”
Read more here:
http://www.americanthinker.com/2008/10/who_enforces_the_constitutions.html
Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”
Mr. Washington wrote the following response to the Philip J Berg lawsuit and Judge Surrick ruling in a World Net Daily article dated November 8, 2008 :
“Unfortunately, just 10 days before the election, a court of appeals judge threw out Berg’s lawsuit challenging the veracity of Obama’s U.S. citizenship status on technical grounds. Judge R. Barclay Surrick, a Jimmy Carter-appointed judge, amazingly (and with a tinge of irony), stated his opinion in part:
In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Surrick defers to Congress, saying that the legislature could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.
“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”
Judge Surrick, quoting from Hollander, concludes, “The alleged harm to voters stemming from a presidential candidate’s failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury.”
Surrick also quotes Lujan v. Defenders of Wildlife, which stated, in part, “The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy.”
Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.
That Berg’s complaint is not “concrete or particularized enough to constitute an injury” is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!
I am somewhat hopeful that Berg will successfully appeal Surrick’s outrageous decision to 3rd Circuit Court of Appeals and then to the United States Supreme Court if necessary, even if technically he doesn’t have standing to hold Obama accountable to the Constitution. Why? Because this is America, and out of 300 million people, someone should give a damn enough about this republic to make sure the person who holds the highest elected office in the land holds it legitimately based on the black letter text of Article II, Section 1 of the U.S. Constitution.”
Read the complete article here:
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=80435

Read more:

 
https://citizenwells.wordpress.com/2008/11/12/obama-not-eligible-us-constitution-tenth-amendment-bill-of-rights-us-supreme-court-federal-judges-state-judges-state-election-officials-electoral-college-electors-philip-j-berg-lawsuit-leo-c/

Standing in court, Dr. Edwin Vieira Jr, Berg v Obama, US Constitution, Obama eligibility, Natural born citizen

Standing in court, Dr. Edwin Vieira Jr, Berg v Obama, US Constitution, Obama eligibility, Natural born citizen

Earler today Citizen Wells presented a great interview of Margaret Hemenway conducted by Andrea Shea King. During the interview a reference was made to Dr. Edwin Vieira, Jr,a legal expert, and his take on standing in court cases. Here is an article by DR. Vieira from October 29, 2008.
“America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is “a natural born Citizen” of the United States who has not renounced his American citizenship—or he must step down as the Democratic Party’s candidate for President of the United States—preferably before the election is held, and in any event before the Electoral College meets. Because, pursuant to the Constitution, only “a natural born Citizen, or a Citizen of the United States at the time of the Adoption of th[e] Constitution, shall be eligible to the Office of President” (Article II, Section 1, Clause 4). And Obama clearly was not “a Citizen of the United States at the time of the Adoption of th[e] Constitution.”

Whether the evidence will show that Obama is, or is not, “a natural born Citizen” who has never renounced his American citizenship is an open question. The arguments on both sides are as yet speculative. But Obama’s stubborn refusal to provide what he claims is “his own” country with conclusive proof on that score compels the presumption that he knows, or at least strongly suspects, that no sufficient evidence in his favor exists. After all, he is not being pressed to solve a problem in quantum physics that is “above his pay grade,” but only asked to provide the public with the original copy of some official record that establishes his citizenship. The vast majority of Americans could easily do so. Why will Obama not dispel the doubts about his eligibility—unless he can not?”
“The judge in Berg v. Obama dismissed the case, not because Obama has actually proven that he is eligible for “the Office of President,” but instead because, simply as a voter, Berg supposedly lacks “standing” to challenge Obama’s eligibility:

regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. * ** [A] candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.
This pronouncement does not rise to the level of hogwash.

First, the Constitution mandates that “[t]he judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution” (Article III, Section 2, Clause 1). Berg’s suit plainly “aris[es] under th[e] Constitution,” in the sense of raising a critical constitutional issue. So the only question is whether his suit is a constitutional “Case[ ].” The present judicial test for whether a litigant’s claim constitutes a constitutional “Case[ ]” comes under the rubric of “standing”—a litigant with “standing” may proceed; one without “standing” may not. “Standing,” however, is not a term found anywhere in the Constitution. Neither are the specifics of the doctrine of “standing,” as they have been elaborated in judicial decision after judicial decision, to be found there. Rather, the test for “standing” is almost entirely a judicial invention.

True enough, the test for “standing” is not as ridiculous as the judiciary’s so-called “compelling governmental interest test,” which licenses public officials to abridge individuals’ constitutional rights and thereby exercise powers the Constitution withholds from those officials, which has no basis whatsoever in the Constitution, and which is actually anti-constitutional. Neither is the doctrine of “standing” as abusive as the “immunities” judges have cut from whole cloth for public officials who violate their constitutional “Oath[s] or Affirmation[s], to support this Constitution” (Article VI, Clause 3)—in the face of the Constitution’s explicit limitation on official immunities (Article I, Section 6, Clause 1). For the Constitution does require that a litigant must present a true “Case[ ].” Yet, because the test for “standing” is largely a contrivance of all-too-fallible men and women, its specifics can be changed as easily as they were adopted, when they are found to be faulty. And they must be changed if the consequences of judicial ignorance, inertia, and inaction are not to endanger America’s constitutional form of government. Which is precisely the situation here, inasmuch as the purported “election” of Obama as President, notwithstanding his ineligibility for that office, not only will render illegitimate the Executive Branch of the General Government, but also will render impotent its Legislative Branch (as explained below).”

Read more:

http://www.newswithviews.com/Vieira/edwin84.htm

Margaret Hemenway Interview:

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

Robert F Bauer, Patrick Fitzgerald, Elena Kagan, Obama puppets, Citizen Wells open thread, August 13, 2010

Robert F Bauer, Patrick Fitzgerald, Elena Kagan, Obama puppets

What do Robert F. Bauer, Patrick Fitzgerald and Elena Kagan have in common?

This will help jog your memory on Bauer.

“Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :”
“MOTION OF DEFENDANTS
DEMOCRATIC NATIONAL COMMITTEE AND
SENATOR BARACK OBAMA FOR A PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON DISPOSITIVE MOTION
Pursuant to Fed. R. Civ. P. 26(c)(1), defendants Democratic National Committee
and Senator Barack Obama respectfully move the Court for a protective order staying all
discovery in this action pending the Court’s decision on defendants’ motion to dismiss
the action for lack of subject matter jurisdiction and for failure to state a claim upon
which relief can be granted.”
“Respectfully submitted,”
“Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com
“I. Procedural Background
In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as
President under Article II, section 1 of the Constitution because, Mr. Berg alleges
(falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr.
Berg seeks a declaratory judgment that Senator Obama is ineligible to run for President;
an injunction barring Senator Obama from running for that office; and an injunction
barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of
all of the Senator’s college and law school applications, requests for financial aid, college
and law school papers, and “a copy of your entire presidential file pertaining to being
vetted.” Plaintiff also served 56 requests for admission on Senator Obama. On that same
date, plaintiff served on the DNC 27 requests for admission and requests for production
of five categories of documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a
matter of law, plaintiff has no standing to challenge the qualifications of a candidate for
President of the U.S. and has no federal cause of action.”

“In this case, as in Weisman and Norfolk Southern Rwy., defendants’ pending
motion to dismiss for lack of subject matter jurisdiction would dispose of the entire
action. The motion does not involve any disputed issues of fact: defendants contend that,
as a matter of law, plaintiff lacks standing to challenge the qualifications of a candidate
for President and that there is no federal cause of action that could serve as a means for
such a challenge. Thus, discovery is not needed in order to rule on the motion. In these
circumstances, a stay of discovery is warranted and appropriate.”

“For the reasons set forth above, the Court should grant the motion of defendants
DNC and Senator Barack Obama for a protective order staying discovery pending a

decision on their motion to dismiss.
Respectfully submitted,”
Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com