Tag Archives: 2010

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.

Lt Col Lakin Hearing, September 2, 2010, Judge Lind ruling, Judge Lind incompetent treasonous and/or complicit in conspiracy

 Lt Col Lakin Hearing, September 2, 2010, Judge Lind ruling, Judge Lind incompetent treasonous and/or complicit in conspiracy

From World Net Daily September 2, 2010.

“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.”

Read more:

http://www.wnd.com/index.php?fa=PAGE.printable&pageId=198465

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.

I will comment further on this decision soon.

Terry Lakin court martial hearing, September 2, 2010, Judge denies request for Obama records

Terry Lakin court martial hearing, September 2, 2010, Judge denies request for Obama records

From ABC News 25

“A military judge in Maryland has refused to order the release of school records that could include a copy of President Barack Obama’s birth certificate.

The documents were sought by an Army doctor, Lt. Col. Terrence Lakin, who is being court-martialed for disobeying a deployment order because he doubts Obama’s qualifications to serve as commander in chief.

The judge ruled Thursday that those records and any other evidence or witnesses pertaining to Obama’s birth are not relevant to the case and will not be admitted. Prosecutors have argued that Obama’s birth certificate shouldn’t be part of the case, especially since the order for Lakin to deploy to Afghanistan didn’t come directly from the president.”

Read more:

http://www.news25.us/Global/story.asp?S=13091049

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/

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

Miki Booth speaker, Philip J Berg, Obama eligibility birth certificate rally, October 23, 2010

Miki Booth speaker, Philip J Berg, Obama eligibility birth certificate rally, October 23, 2010

**  Update Below  **

I received the following from Miki Booth this afternoon.

“Guys,
I will be speaking at this rally on OCTOBER 23 at the U.S. Capitol in DC Saturday October 23, 2010 12 noon to 4PM
Bring your birth certificates and meet Phil Berg (1st attorney to file a lawsuit against BO/BS), myself and others.
Please forward this to everyone on your lists and download and print the flyer to pass out at upcoming rallies and town halls. Mr. Berg personally handed out over 3,000 flyers at the Restoring Honor event. EVERYONE WANTED ONE!!
 For liberty!
Miki
obamacrimes.com
 


Miki Booth
Founder, Route 66 TEA Party
FairTax Community Coordinator
Patriotic Resistance OK Dist. 2 Coordinator
District Leader GOOOH
Former Candidate U.S. Congress”

** Update August 31, 2010 5:30 PM ET **

From Miki Booth:

” I will not speak at his rally however I still think its important for the flyers to get around because they might reach someone hearing about the issue for the first time so if you’ve sent them out that is fine.”

TheBlaze.com, The Blaze, Glenn Beck website, August 31, 2010, Huffington Post competition

TheBlaze.com, The Blaze, Glenn Beck website, August 31, 2010, Huffington Post competition

From the Washington Post August 31, 2010.

“Conservative Fox News host Glenn Beck, a frequent critic of the mainstream news media, has launched his own news site, The Blaze. The site appears to be modeled after The Huffington Post and not surprisingly, features stories with a conservative bent about some of Beck’s favorite issues, such as faith, terrorism, the imam behind the planned Islamic community center in New York City and Beck’s “Restoring Honor” rally at the Lincoln Memorial on Saturday.

The site, which went live sometime Monday, features a welcome message from the man himself, timestamped just before midnight Tuesday:
If you are like me, watching the news or reading the paper can be an exercise in exasperation. It’s so hard to find a place that helps me make sense of the world I see.

Too many important stories are overlooked. And too many times we see mainstream media outlets distorting facts to fit rigid agendas. Not that you’ve ever heard me complain about the media before. Okay, maybe once or twice.

But there comes a time when you have to stop complaining and do something. And so we decided to hire some actual journalists to launch a new website — The Blaze. And we moved fast. We built the team and the site in just two months.
What was the overlooked story that Beck chose to lead with in the inaugural edition? Education Secretary Arne Duncan’s alleged encouragement of Education Department employees to attend the Rev. Al Sharpton’s Saturday counter-rally, at which Duncan spoke.”

Read more:

http://voices.washingtonpost.com/44/2010/08/glenn-beck-launches-conservati.html

I have a suggestion for Glenn Beck. How about covering Obama’s eligibility problems.

Glenn Beck, call me.

Chicago to Amsterdam flight, United Airlines, Ahmed Mohamed Nasser and Hezem al Murisi arrested, Preparation of a terrorist attack, August 31, 2010

Chicago to Amsterdam flight, United Airlines, Ahmed Mohamed Nasser and Hezem al Murisi arrested

From ABC News.
“Two men taken off a Chicago-to-Amsterdam United Airlines flight in the Netherlands have been charged by Dutch police with “preparation of a terrorist attack,” U.S. law enforcement officials tell ABC News.

U.S. officials said the two appeared to be travelling with what were termed “mock bombs” in their luggage. “This was almost certainly a dry run, a test,” said one senior law enforcement official.

A spokesman for the Dutch public prosecutor, Ernst Koelman, confirmed the two men were arrested this morning and said “the investigation is ongoing.” He said the arrests were made “at the request of American authorities.”

The two were allowed to board the flight at O’Hare airport last night despite security concerns surrounding one of them, the officials said.

The men were identified as Ahmed Mohamed Nasser al Soofi, of Detroit, MI, and Hezem al Murisi, the officials said. A neighbor of al Soofi told ABC News he is from Yemen.”

Read more:

http://abcnews.go.com/Blotter/united-flight-arrested-terror-charges-amsterdam/story?id=11517664