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BORN IN THE USA?

Eligibilitychallenger: Don't touch my brain!

Flightsurgeon questioning Obama rejects Army's suggestion of 'help'


Posted: April 04, 2010
6:28 pm Eastern

By Bob Unruh
© 2010 WorldNetDaily



 


Lt.Col. Terry Lakin is the highest-ranking and first active-duty officer


to refuse to obey orders based on President Obama's eligibility



A U.S. Army flight surgeon who posteda video indicating his complete rejection of all orders from themilitary unless Barack Obama documents his eligibility to occupy the Oval Office is now refusing an "unofficial" suggestion from the Army for a medical evaluation.



WND reported this week the Army was hinting that Lt. Col Terry Lakin should undergo a brain scan and medical review.


A spokeswoman involved with thedeveloping case said the recommendation was delivered to Lakin by anunnamed officer who implied those higher up the chain of commandthought it was a good idea.


The suggestion was described to WNDby spokeswoman Margaret Calhoun Hemenway, a veteran Washingtonappointee and now volunteer spokeswoman, as being presented in a"solicitous" manner.


Officially, the U.S. Army says it hasno plans for formal action at this point against the officer. ButCalhoun Hemenway told WND that Lakin's "no" meant "no."


"He is not taking any suggestedmedical evaluation or brain scan. He is refusing to obey all ordersincluding deployment orders," she confirmed.


"It is interesting this suggestion ofa medical exam should arise now given he was only a couple of weeksfrom deployment and obviously judged to be fit for deployment with hisbags packed," she said.


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But as WND reported, the controversy raises theprospect that the government may be unwilling to pursue a prosecutionbecause of the possible ramifications – which could include a defenselawyer's demand for a court-ordered discovery process that would targetObama's historical documentation


Even participants in a forum on theleft-leaning Huffington Post website seemed to agree in part.


"Freakin' Brilliant!" said one. "Theycan't court-martial him [without] the defense getting the judge toorder the the (sic) birth-certificate be produced! Either Obama willhave to produce or they can't prosecute. Genius."


Another forum page poster on the samesite said the military of days gone by never would have allowed suchstatements.


"During my military service withinthe Army (in the 1970s, 80s and 90s) before retirement, this type ofbehavior would NEVER have been tolerated and most of all, would neverhave made the MSM news cycle. That's because Larkin (sic) would beimmediately remanded for a general court-martial and would likely facepretrial confinement by the first general officer within hischain-of-command."


"It's troubling that the Army has notprosecuted this man immediately instead of making an MSM event out ofit."


Dr.Terry Lakin, the flight surgeon for 3rd Squadron, 4th Cavalry Regiment,examines the partially amputated finger of an Afghan man who assists incollecting unexploded ordnance at Kandahar Airfield. Lakin was selectedas the Army Medical Department's Flight Surgeon of the Year for2004. 


As WND reported, Lakin is an active-duty flightsurgeon charged with caring for Army Chief of Staff Gen. George Casey'spilots and air crew.


He said he's refusing all ordersuntil Obama releases his long-form, hospital-generated birthcertificate to prove his eligibility to serve as commander in chief.


"I feel I have no choice but thedistasteful one of inviting my own court martial," Lakin said in astatement. "The Constitution matters. The truth matters."


He continued, "For the first time inall my years of service to our great nation, and at great peril to mycareer and future, I am choosing to disobey what I believe are illegalorders, including an order to deploy to Afghanistan for my second tourof duty there. I will disobey my orders to deploy because I – and Ibelieve all servicemen and women and the American people – deserve thetruth about President Obama's constitutional eligibility to the officeof the presidency and the commander in chief.


"If he is ineligible, then my orders– and indeed all orders – are illegal because all orders have theirorigin with the commander in chief as handed down through the chain ofcommand."


Lakin is not the firstactive-duty officer to raise the challenge. Others have included Army doctor Capt. Connie Rhodes andArmy reservist Maj. Stefan Cook. But Lakin is the highest-rankingofficer to raise the question.


In a statement yesterday to WND,George Wright of Army Public Affairs said the Army has "no reaction" toLakin's statements, and "at this point, the Army will take no formalaction."


He said, "Lt. Col. Lakin has statedhis intent to violate Articles 87 and 92 of the Uniform Code ofMilitary Justice, but has not done so. Whether his actions to dateviolate any law or policy is for his chain of command to determine."


Wright said the Army had noinformation on in-channel concerns Lakin reported raising twice during2009. There was "no comment" on whether Obama needs to document hiseligibility to serve as president under the U.S. Constitution'srequirement that the commander in chief be a "natural born citizen."


Although a "natural born citizen" isundefined in the Constitution, many legal analysts believe therequirement was put there to prevent dual allegiances on the part ofthe president. Some believe those with dual citizenship would beineligible. Obama wrote in his book his father was a subject to theUnited Kingdom, making Obama likely a dual citizen.


"Lt. Col Lakin is free to express hispersonal views. The Army has no comment on his concerns, nor the viewsthat he espoused," Wright told WND.


But the background already has beenassembled in the case, should there be a prosecution, for the defenseto come to court with specific demands for proof of the validity of thechain of command, up to the commander in chief.


Support for Lakin is beinggenerated at the Safeguard Our Constitution.comwebsite, established by the AmericanPatriot Foundation.


One of the organizers behind thegroup, serving in emeritus status, is John Hemenway, an attorney whopreviously fought in the U.S. court system on behalf of a retiredmilitary officer, Gregory S. Hollister, who also questioned Obama'seligibility.


The case ultimately was dismissed by Judge James Robertsonwho ruled that the dispute had been "twittered" during the 2008election campaign.


In that opinion, Robertsonsarcastically wrote: "The plaintiff says that he is a retired Air Forcecolonel who continues to owe fealty to his commander in chief (becausehe might possibly be recalled to duty) and who is tortured byuncertainty as to whether he would have to obey orders from BarackObama because it has not been proven – to the colonel's satisfaction –that Mr. Obama is a native-born American citizen, qualified under theConstitution to be president.


"The issue of the president'scitizenship was raised, vetted, blogged, texted, twittered, andotherwise massaged by America's vigilant citizenry during Mr. Obama'stwo-year-campaign for the presidency, but this plaintiff wants itresolved by a court," Robertson wrote.


The judge also suggested sanctionsagainst Hemenway for bringing the case, and Hemenway responded thatprocess then would provide him with a right to a discovery hearing tosee documentation regarding the judge's statements – not supported byany evidence introduced into the case – that Obama was properly"vetted."


Hemenway warned at the time, "If thecourt persists in pressing Rule 11 procedures against Hemenway, thenHemenway should be allowed all of the discovery pertinent to theprocedures as court precedents have permitted in the past.


"The court has referred to a numberof facts outside of the record of this particular case and, therefore,the undersigned is particularly entitled to a hearing to get the truthof those matters into the record. This may require the court toauthorize some discovery," Hemenway said.


WND columnist Vox Day earlier wrote about thisvery scenario, calling it a "Get out of war" free card.


The comments followed the case ofCook, the reservist who challenged his deployment orders over questionsabout their legality under Obama.


"Rather than contesting the suit,"Day wrote, "the Army took the highly peculiar step of revoking themajor's deployment order, suggesting that the Pentagon generals are notentirely confident that they can demonstrate the legitimacy of theirpurported commander in chief.


"The Pentagon's decision to back downrather than risk exposing Obama's birth records to the public meansthat every single American soldier, sailor, pilot and Marine now holdsa 'get out of war free' card. Not only every deployment order, butevery order issued from an officer in the line of command can now bechallenged in the knowledge that the top brass are afraid to respondfor fear that their commander could be exposed for a fraud.," he wroteat the time.


"It is one thing for Obama to denythe curiosity of the American public by hiding behind the courts. It isvery much another for him to deny the right of the men and women of theArmy, Navy, Air Force and Marines, who are sworn to risk their livesupholding the Constitution of the United States of America, to becertain their orders are legitimate," he said.


Calhoun Hemenway, whoseparately writes for FamilySecurityMatters.org, told WND she is anunofficial spokeswoman for the case and that Lakin's legal counselorshave suggested he not comment a great deal at this point while he is onleave and before he returns to his duties.


Calhoun Hemenway, a former WhiteHouse appointee serving in the Department of Defense and at NASA, saidthe Lakin case presents a problem for the Army, since it cannot simply"rescind" orders as it has in previous military disputes over ordersunder Obama's chain of command. That's because Lakin has indicatedplans to reject all orders.


In his video message now posted on YouTube, Lakin, an 18-year veteran,personally pleads with the president to stop withholding the keydocument which would put to rest many of the doubts that continue tolinger more than a year into Obama's term.


"President Obama, I ask you torespect and uphold the Constitution. Be transparent and show yourhonesty and integrity. Release your original, signed birth certificate,if you have one, thus proving your birth on American soil, and thusassure the American people that you are lawfully eligible to hold theoffice of the presidency and serve as commander in chief of the ArmedForces."


Obama's actual response to those whoquestion his eligibility to be president under the Constitution'srequirement that the U.S. president be a "natural born citizen" hasbeen to dispatch both private and tax-funded attorneys to preventanyone from gaining access to his documentation.


Besides Obama's actual birthdocumentation, the still-concealed documentation forhim includes kindergartenrecords, Punahou school records, Occidental College records, ColumbiaUniversity records, Columbia thesis, Harvard Law School records,Harvard Law Review articles, scholarly articles from the University ofChicago, passport, medical records, his files from his years as anIllinois state senator, his Illinois State Bar Association records, anybaptism records, and his adoption records.


WND has reported on a multitude ofcases that have been brought over the issue of Obama's eligibility.Some are by critics who have doubts about whether he was born in Hawaiiin 1961 as he has written, and others are from those who questionwhether the framers of the Constitution specifically excluded dualcitizens – Obama's father was a subject of the British crown at Obama'sbirth – from being eligible for the office.


The issue has prompted a numberof state legislatures to work on proposals that would requirepresidential candidates to submit proof of their eligibility. And a similar proposal has been introduced inCongress by Rep. Bill Posey, R-Fla.


The Constitution, Article 2, Section1, states, "No Person except a natural born Citizen, or a Citizen ofthe United States, at the time of the Adoption of this Constitution,shall be eligible to the Office of President."


However, none of the cases filed todate has been successful in reaching the plateau of legal discovery, sothat information about Obama's birth could be obtained.


The White House has not replied tonumerous requests for comment.




 

 


Tags: obama Lakin

Publicado por Corazon7 @ 10:19
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