Theodore's World: Army Slams Door...Lt. Col. Lakin hearing: 'Items pertaining to president's credentials are not relevant'

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June 05, 2010

Army Slams Door...Lt. Col. Lakin hearing: 'Items pertaining to president's credentials are not relevant'

Army slams door on Obama details

Lt. Col. Lakin hearing: 'Items pertaining to president's credentials are not relevant'


An Army "investigating officer" has banished evidence about the controversy over President Obama's eligibility – or lack thereof – to be commander-in-chief from a pending hearing for a career military doctor who announced he is refusing orders until Obama documents his constitutional status.

"In my view our constitutional jurisprudence allows Congress alone, and not a military judicial body, to put the president's credentials on trial," wrote Daniel J. Driscoll in a memorandum determining what evidence the defense for Lt. Col. Terrence Lakin will be allowed to explore at next week's hearing.
"It is my opinion the discovery items pertaining to the president's credentials are not relevant to the proof of any element of the charges and specifications set forth in the charge sheet," he continued. "Consequently I will not examine the documents or witnesses pertinent to the president or his credentials to hold office."

The ruling came prior to a scheduled Article 32 hearing for Lakin, who posted a video inviting his own court hearing because of the status of the president and questions over whether his eligibility means orders given under his control would be invalid.

Lakin is not the first officer to raise questions. Others have included Army doctor Capt. Connie Rhodes and Army reservist Maj. Stefan Cook. But Lakin is the first active-duty officer to raise the question.

And in at least one of the earlier disputes, the Army simply canceled the orders rather than allow the argument to come to a head.

But now the Army has scheduled Lakin's Article 32 hearing – a military version of a preliminary hearing – for June 11.

Word about the ruling from Driscoll came from the American Patriot Foundation, which operates the Safeguard Our Constitution website which is generating support for Lakin.

While Driscoll cited "Rule for Courts-Martial 405" which allows "the production of witnesses 'whose testimony would be relevant…'" he said questions about Obama's eligibility – which could bear on the validity of military orders – will be ignored.

Driscoll then blamed the defense for not giving him what he wanted.

"I expressly instructed '[y]our submissions, if any, on the subject of lawfulness of orders, derivation of authority, political questions and the like should be sufficiently scholarly to allow me to make an informed determination of relevance of the requested items to the truth of the specifications and charges at issue," Driscoll wrote.

"The defense submitted a memorandum outlining the concept of chain of command, showing that the president is at the top of the chain, showing that the Constitution requires the president to be a natural born citizen and stating that soldiers must disobey 'illegal orders,'" Driscoll continued. "There is no scholarly discussion of what constitutes an illegal order or under what circumstances such an order can be disobeyed or must be disobeyed."

Instead, he said, the "law of lawfulness of orders" should prevail.

The result is that he denied defense requests for Obama's Punahou school records, Hawaii Health Department records, Occidental College records, Columbia records and Harvard records.

He also rejected a request that Obama be called to answer questions about his eligibility.

Driscoll said those who have custody of Obama's records – several Hawaii and various school officials – also will not be allowed to testify.

Driscoll declined to respond to a WND request to comment on his ruling.

But Lakin said the result "makes it impossible for me to have a fair hearing."

"I cannot even raise the issue of the president's eligibility, on the grounds that my position has 'no basis in law,'" he said.

Lakin, who previously has served in Afghanistan, refused orders this spring to go again, "because the president refuses – even in the face of mounting evidence to the contrary – to prove his eligibility under the Constitution to hold office."

Lakin's hearing is scheduled at 9 a.m. in Room 134 of Building T-2 at Walter Reed Army Medical Center in Washington. It is open to the public.

Lakin's advisers, however, told WND he will have an opportunity to raise the question again later during a court-martial process, once the Article 32 hearing is over.

Continue with article HERE

Wild Thing's comment........

It is my understanding that an officer’s oath is to the Constitution, not the Chain of Command. The Chain of Command holds its authority only when in compliance with the Constitution.

This member of the military has every right to challenge this CIC. To deny a honest investigation is to deny every citizen access to the full truth.

We are being lied to. Why? Why is it so damned important to cover up for this eight year old pretender?

....Thank you Mark for sending this to me.

3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67

Posted by Wild Thing at June 5, 2010 05:47 AM


One would think, that in light of all the news and inuendos about obamas credibility or lack of thereof, these Army JAG officers would want to get at the truth and put this to bed. But the only thing the Army is trying to do is sleep with some PC slut, to put another rank on their shoulders and the truth be damned.

So if they are not going to allow the Colonels evidence, then what are they going to charge him with. Refusing an order ? then they will have to allow his evidence. Isn't this the reason for these charges in the first place.

By doing this the Army is now saying obama's a citizen, trust us, but we can't prove it. And if I am even close, a good trial lawyer will shred this apart. They have to allow the man to defend himself.

Posted by: Mark at June 5, 2010 11:57 AM