Lunes, 13 de septiembre de 2010

Saturday, September 11, 2010

Obama/USA v LTC Lakin: JAG Officer; Judge?s Ruling Against Discovery for Lakin Could Derail Case Based on Legal Precedent.

Via the Greeley Gazette; - Retired JAG Officer Says Judge?s Ruling Against Discovery for Lakin Could Derail Case Based on Legal Precedent - By Jack Minor

A retired JAG officer with over 23 years of experience, says the military judge who ruled against discovery for a Greeley Army officer may have derailed the government?s case based on precedent from another high profile case involving a military officer.

Lt. Col John Eidsmoe, a retired Air Force officer who works for former Alabama Chief Justice Roy Moore at the Foundation for Moral Law, said Lakin is ?raising legitimate constitutional questions? regarding President Obama?s eligibility to be commander-in-chief.

Eidsmoe said the issue has been around for several years and was first raised by Phillip Berg, a liberal Democrat who was a Hillary Clinton supporter.

?If he is a legitimate citizen of the United States, he could easily clear that up just by releasing the information to prove it,? Eidsmoe said ?When the national interest is at stake, he has a duty to put personal feelings aside and show us he?s legitimate, if he is.?

Last week at a hearing on the motion for documents relating to the President?s eligibility under the Constitution, the judge ruled Lakin did not have any rights to discovery. Jenson said in the morning the judge listened very intently and she ?found our arguments very appealing.? After lunch she issued a motion ruling against Lakin on all counts. In a meeting with the press afterwards, Jenson said he ?was astonished that she would leave them with no defense whatsoever.? He went on to say that they were going to be given ?no discovery at all? and they would be barred from ?introducing any witnesses on the legality of the order.?

Jensen said that they will immediately appeal the ruling to the Army Court of Criminal appeals as this ruling completely prevents them from providing a defense.
In issuing the decision, Lind said Lakin would not be permitted to call witnesses because it has the ?potential for embarrassment? of the President. Margaret Hemenway, spokeswoman for Col. Lakin, said the judge appeared to imply Lakin could be a racist by asking if this would be happening if Bush were the commander-in-chief.

In the decision the government stated that even if Obama is not eligible it would not matter and all actions taken by the president would still be valid. They also state that Lakin is ?duty bound to follow the lawful orders of his superiors even if the eligibility of the President under the constitution is later found deficient.? The issue of the president?s birthplace is outweighed by ?the danger of confusing the issues? according to prosecutors.

Eidsmoe said these statements could possibly cause problems for the government?s case based on precedent set in another recent high profile case involving Lt. Col. Michael Murphy.

Murphy was a high ranking official who served as general counsel to the White House Military office under President George W. Bush. In 2006 the Air Force discovered he had been disbarred for over 20 years in Texas and Louisiana, however, Murphy had told the Air Force he was never subject to any disciplinary issues. The military charged him with nine counts of conduct unbecoming an officer and one count of failure to obey a general regulation. At the arraignment his lawyers requested records from his time with the WHMO arguing the records were needed in order to provide a defense. The WHMO refused to release the documents requested and the judge agreed, ruling that the information was not harming the lawyer?s ability to mount a defense to the charges which did not directly relate to his time at WHMO.

The Air Force Times reported that, ?The information would not relate to the facts of the case but could have been useful in presenting what is known as the "good airman? defense, a doctrine in military law that allows the defense to present information about the defendant?s character and job performance.? The judge also ruled that a lack of access to the records would affect the defense?s ability to demonstrate Murphy?s good conduct and performance during the sentencing phase of the trial, calling the ability to present mitigating evidence about conduct ?a substantial right of a military accused.? The judge also ruled that even if found Murphy he could not be punished and the Air Force of Criminal Courts agreed.

Eidsmoe said the circumstances in the Murphy case are very similar to Lakin?s case with the refusal to allow documents and witnesses related to the President?s eligibility.

Two days prior to the ruling, ...continue reading here; http://www.greeleygazette.com/press/?p=5329

Previous reports on LTC Terry Lakin can be found here.? Visit the Birther Vault for the evidence and the long list of people questioning Obama's eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].

United States v LTC Terry Lakin - Ruling on Motions(Discovery) ? Col. Denise R. Lind, Chief Judge, 1st Judicial Circuit. at Scribd, below.
United States v LTC Terry Lakin - Ruling on Motions(Discovery) ? September 2, 2010

Lieutenant General Thomas McInerney's Affidavit Supporting Lt. Col. Terry Lakin - 8/19/2010

Courts Martial Defense of LTC Terrance Lakin - Researched and Reviewed By The United States Bar Association...

Publicado por Corazon7 @ 9:00
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