Sunday, June 13, 2010

AN OBAMA CITIZENSHIP CASE CONTINUES IN MILITARY COURT

Article II, Section 4 of the Constitution clearly states that "a natural born citizen, or a citizen of the United States , at the time of the adoption of this Constitution, shall be eligible to the office of President; The constitution makes it abundantly clear that there is a difference between a natural born citizen and a citizen of the US. All citizens are NOT natural born. John A. Bingham, chief framer of 14th amendment wrote: “every human being born within the United States of parents [plural] not owing allegiance to any foreign sovereignty is, in the language of the Constitution itself, a natural born citizen.”

Earlier on 2010, decorated active duty Army medical officer, Lieutenant Colonel Terry Lakin called upon his chain of command and his Congressional delegation to force President Obama to release his original birth certificate. He is the highest ranking officer to go public over this controversy and in late February, was notified that he is subject to near-term deployment to Afghanistan.

His military orders include a requirement that he (LTC Lakin) provide "copies of his birth certificate." LTC Lakin is prepared to provide a certified copy of his certification of vital record that lists his birth hospital, physician's name and other key information. He has provided this document for many other required processes, such as his commissioning into the military as an officer, and his marriage license.

LTC Lakin has explained to his superiors that he cannot understand how his Oath of Office to protect and defend the Constitution does not allow military officers to pursue proof of eligibility from the Commander-in-Chief. In fact, efforts on his part to seek affirmation of the President's constitutional eligibility have been met with legal evasions. Yet in an open and free society, and especially given Obama's governmental "transparency" initiative, many American citizens are demanding to know the truth. So when the White House launched its transparency initiative online last year, and the website was instantly swamped with emails demanding release of Obama's original birth certificate, it was significant that the website’s assurance to answer any question was quickly removed.

LTC Lakin’s refusal to obey orders (including his deployment orders) put him at risk of court-martial. I think the average American would believe that it is wrong for an officer to be punished for asking a straightforward question merely because no one in the military hierarchy or on Capitol Hill is willing to provide a substantive answer (members of Congress have the obligation of representing constituents and also are sworn to uphold the Constitution).

At least one Tennessee Congressional office (Congressman Zach Wamp) forwarded LTC Lakin’s inquiry to the Department of Defense; the Army responded by letter to Rep. Wamp indicating that LTC Lakin's Article 138 complaint (a legal avenue for redress allowed service members for grievances against commanding officers) was deficient and that "the President as Commander-in-Chief is not a commanding officer for the purposes of Article 138 and therefore, no complaint against him may be addressed through this procedure." Yet another representative from the Volunteer State (Tennessee) Marsha Blackburn, co-sponsored legislation introduced by Congressman Bill Posey to require candidates to fix the problem of the lack of a formal process for vetting candidates for “natural born” eligibility.

The Western Journalism Center previously released an authoritative explanation of the Obama birth controversy that helps to explain the confusion on Capitol Hill which revolves mostly around Obama's online Certification of Live Birth (COLB):

“The Certification of Live Birth is not a copy of the original birth certificate. It is a computer-generated document that the state of Hawaii issues on request to indicate that a birth certificate of some type is ‘on record in accordance with state policies and procedures.’ And there is the problem. Given the statutes in force in 1961, the Certification of Live Birth proves nothing unless we know what is on the original birth certificate. There are several legal areas (involving ethnic quotas and subsidy) for which the state of Hawaii up until June 2009 did not accept its computer-generated Certification of Live Birth as sufficient proof of birth - or parentage - in Hawaii. Why should the citizens of the United States be content with lower standards for ascertaining the qualifications of their President?”

The Obama campaign is to a large degree responsible for the birthplace controversy by at first claiming that Obama was born at Queens Hospital and, at another time, claiming that he was born at Kapioliani Hospital. These conflicting assertions, combined with reports of his paternal grandmother's insistence to an interviewer that he was born in Kenya; and the break-in to the Obama passport file at the State Department (at least one news report alleged the file was cauterized) by an employee of The Analysis Corp., a firm headed by one of Obama's top advisers (John Brennan) have all contributed to escalating demands for Obama to document his "natural born" citizenship status.

Additionally, the Ambassador to the US from Kenya (Peter Ogego) asserted in a radio interview in November 2008 that the President was born in Kenya. A Kenyan Anabaptist minister also provided an affidavit, attesting to a conversation with a civil employee of the Kenyan Government, a Principal Registrar, who confirmed Obama’s birth in Kenya on August 4, 1961, but said his file was classified.

I believe that Mr. Obama should release his original birth certificate and put an end to relentless speculation over whether he meets the Constitutional fitness test for the nation's highest office. Original documentation for 1961 from the hospital or Department of Health can resolve this point without in any way compromising Obama's privacy or subjecting him to the danger of identity theft.

A few days ago, Lieutenant Colonel Terry Lakin waived his right to a preliminary hearing that had been scheduled for June 11, 2010. Lieutenant Colonel Lakin has steadfastly refused the army deployment orders based on the fact President Obama is not a natural born citizen of the United States, is ineligible for the office of President and therefor has no right to be the Commander-in-Chief of the U.S. military. The case will now procede directly to a General Court martial.

Saying that the Army has made it "impossible for me to present a defense" at the Article 32 "preliminary hearing" previously scheduled for June 11, 2010, Lt. Colonel Terrence Lakin has officially waived that proceeding. Therefore, the case will move inexorably on to a General Court Martial. The punishment for the charges filed against LTC Lakin carry a maximum term of four years in the penitentiary.

Lakin expects the trial to be held in the early fall, but this has yet to be determined. The next step will be the formal referral of the charges by Lakin's Commanding General, Major General Carla Hawley-Bowland, followed by his arraignment before a Military Judge, both of which are expected before the end of June.

Lakin, through his legal defense team, requested the testimony of Dr. Chiyome Fukino of the Hawaii Dept. of Health, and all of that agency's records that exist concerning the president's birth. Lakin had also requested the testimony of the custodians of records of, and the records relating to Obama's admission and financial aid that exist, of the Punahou School, Occidental College, Columbia University and Harvard Law School.

All these requests were also summarily denied, leaving Lakin without any ability to mount a defense at the hearing. However, in that this hearing was preliminary in nature in the first place, Lakin will renew his requests to the Military Judge at the appropriate time.

Let's see if the Army drops the charges against LTC Lakin, and cancels his deployment orders, so that our imposter President does not have to produce his birth certificate.

--------------------------------

Lakin also released a new 5-minute video on Youtube explaining why he believes there are reasonable arguments that President Obama is Constitutionally ineligible to serve as Commander-in- Chief. The video can be viewed at http://www.safeguar dourconstitution .com/video2. html.

The video is being released under the auspices of the American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, in the one month since establishing a fund to provide a legal defense to LTC Lakin, has received generous donations from more than 1,200 separate individuals. Further details are available on the Foundation's website, www.safeguardourcon stitution.com

0 comments: