Martes, 28 de septiembre de 2010

Exclusive Report

A hearing is on the trial docket for today for the Courts Martial of LTC Terrence Lakin at the Judge Advocate General (JAG) Corps 1st Judicial Circuit.

From LTC Lakin?s website, as of 2pm ET, September 27, 2010 @ 2 pm ET: ‟We have now filed our Petition for a Writ of Mandamus in the Army Court of Criminal Appeals"

According to sources here, the writ "a drastic remedy that should be used only in truly extraordinary situations." It is generally disfavored because it disrupts the normal process of orderly appellate review. For that reason, "to justify reversal of a discretionary decision by mandamus [or prohibition], the . . . decision must amount to more than even gross error; it must amount to a . . . usurpation of power." The petitioner has the burden of showing that he has "a clear and indisputable right" to the extraordinary relief that he has requested.

On behalf of the members of The Veterans Council, The United States Patriots Union issued the third in a series of White Papers that calls for specific actions including members of Congress, Tea Party candidates, veterans, veteran?s family members?and ALL of the public figures who claim to be ?behind the soldiers? and ?for the US Constitution? to ?take a stand here and now for both LTC Lakin and his right to a real defense complete with discovery as well as the national future of constitutional law.?

?If these members of congress, candidates for congress and public figures fail to stand up with Lakin and the nation now, then all of their promises of a brighter future are exposed as nothing more than campaign rhetoric.

We are convinced that Barack Hussein Obama cannot be a ?natural-born citizen? of the United States and therefore, currently holds the office of Commander-in-Chief illegally. On this basis, the Veterans Council of the U.S. Patriots Union stands with Maj. Gen. Paul Vallely in his open call for the immediate resignation of the entire Barack Hussein Obama administration, in which Maj. Gen. Vallely stated the following;

?A civil uprising is brewing. We now must call for the immediate resignation of Barry Soetoro (AKA President Barack Hussein Obama) ?..based on Incompetence, Deceit, Fraud, Corruption, Dishonesty and Violation of the US Oath of Office and the Constitution. - And a call for a National Petition for new elections to select the next President of the United States of America must be initiated. We can wait no longer for a traditional change of Power and New Government.?

On Sept. 2nd as previously reported here Col. Lind denied LTC Lakin ?discovery? or a defense in his court-martial for refusing to obey orders until Obama AKA Soebarkah AKA Soetoro proves his Constitutional eligibility to be Commander-in-Chief.

The defense asserted that the President, as Commander in Chief under Article II, Section 2, of the Constitution, is the source of all military authority.

Retired Air Force Lieutenant General Thomas McInerney has supplied an affidavit to the court in support of Army Lieutenant Colonel Terrence Lakin acknowledging pervasive concerns over Obama?s Constitutional eligibility and demands the putative President release his birth records or the court authorize discovery.

LTG McInerney states ?All officers must be and are trained that their loyalty to the Constitution requires them to obey all lawful orders, but they are also trained that they must disobey an illegal order, and that the failure to do either is equally a betrayal of their oath.?

In Col. Lind?s decision, she stated that ?the authority of military officers to issue lawful orders and the concomitant duty of military service members to obey such lawful orders does not depend on whether the president is qualified under the constitution to hold office?

Let?s review the estimable insights by Brigadier General John S. Cooke on ?MANUAL FOR COURTS-MARTIAL 20X? during a speech presented March 10, 1998:

?As with most legal questions, a good place to begin is the Constitution. I know you are all familiar with the powers of Congress and the President over the armed forces and military justice, but I would like to begin with an even more fundamental point, the Preamble??

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

?It is important to recall two things when you consider those words. First, as lawyers and as military officers, we have as large a role as any members of our society in helping to meet those goals that the Framers adopted. That is something of which we can be proud.

Second, those words remind us that all power flows from the people and that, through the genius of our constitutional structure, there is a direct bond between the people and the men and women in the armed forces. Every soldier, sailor, airman and marine takes the following oath??

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

?That oath is not to the President, the Congress, the Government, or to the fatherland or motherland; it?s to the Constitution, and thereby to the people. At the same time, the people, through Congress and the President, assume responsibility for the men and women of the Armed Forces, and a primary means by which they have exercised that responsibility is mentioned in that oath ? the UCMJ (Uniform Code of Military Justice).

As those charged with the administration of the UCMJ, we must bear in mind our responsibility and accountability to the people and their elected representatives. This is our system; but in a greater sense it is theirs. We are simply the trustees.?

As a trustee with accountability to ?We the People?, it appears that Col. Lind has violated her oath to the Constitution by denying LTC Terrence Lakin a means of a defense through discovery merely because it might ?embarrass? the President.

Brigadier General Cooke continues:

?The American people want and expect an effective, disciplined force in which the rights of each servicemember are protected.

This concern for soldiers, sailors, airmen and marines reflects another fundamental truth ? what I call the eternal truth. Success in any military mission depends on many things: the equipment, the doctrine, the plan, the supplies, the weather and so on. Such factors have varied greatly through history, but ultimately the success of every military mission depends on a group of relatively young men and women doing their jobs well under difficult, demanding, often dangerous circumstances. That success, their success, does not just happen; it is the product of a system of individual and group development which builds competence, confidence, cohesion, morale and discipline. George Washington said it best: ?Discipline is the soul of an Army??

?When we say we want a disciplined force, we mean we want people who will do the right thing when the chips are down. That discipline, ultimately, flows from within ? it is that quality which motivates an individual and an organization to do the right thing even when the right thing is very, very hard to do.

The unfailing formula for production of morale is patriotism, self-respect, discipline and self-confidence within a military unit, joined with fair treatment and merited appreciation from without. It will quickly wither and die if soldiers come to believe themselves the victims of indifference or injustice.?

Brigadier General Cooke?s view on the so-called information revolution:

?This ranges from fax machines to CNN to, of course, the Internet. For all its benefits, this also poses some problems. The speed with which information is moved depersonalizes and compresses the decision cycle ? at a cost of the leavening effect on decision-making of old fashioned conversation and contemplation. Related to this is the phenomenon that what once might have been only a matter of local interest can now become an international incident in a matter of minutes. Aggravating these problems is the fact that the information is not always accurate; satellites and computers simply mean that one person?s bad idea, or bad facts, can now be shared with millions, rather than dozens, almost instantly.?

Brigadier General Cooke?s view on evidence:

?Today, a contested case that does not involve multiple motions, some tough evidentiary questions, and at least one expert is relatively rare. In military as in civilian courts, the role of science and experts has become more significant and more difficult for courts to deal with. In sum, we may be trying fewer cases today, but what we do try is relatively serious and tends to be more complex.

The increasing significance of scientific evidence and expert testimony has important implications. These include not only what is or is not admissible, and how to help fact finders rather than confuse them - I think courts will work that out under our current rules, albeit with some difficulty. A less noticed but no less important systemic issue is the cost associated with this evidence which carries the real risk of making some courts-martial too expensive to handle out of a command operating budget. A single case can easily run up bills in the six figures. Equally important is ensuring that the defense has fair access to pursue and present such evidence. I do not know the answer, but I am sure we will face the problem.?

Brigadier General Cooke?s view on ?Change you Can Believe In?:

?The public?s, and more specifically the Congress? and our civilian leadership?s increasing lack of familiarity with our legal system cannot be ignored. Fewer members of Congress have military experience than any time since World War II. Any initiative to secure changes, particularly legislation, must be undertaken with this in mind. This lack of familiarity increases the risk of changes that will do more harm than good.?

Brigadier General Cooke?s view on the ?myth of the monolithic Pentagon?:

?Decisions on the disposition of offenses begin, and often end, at the lowest levels. The discretion of higher level commanders can be constrained by the prior decisions of lower commanders. This is a product of our hierarchical system, and of rules against unlawful command influence especially designed to protect service members from certain effects of this system. Because of our history, a number of rules operate as ?default mechanisms? in favor of the accused. Consequently, power is diffused, resulting in the increased likelihood of disparity of decisions concerning disposition. Our rules against unlawful command influence prohibit issuing general guidelines, exacerbating the disparity problem.

Therefore, the commander should decide whether to invoke the judicial process or whether some other action is appropriate. Many of us would view turning this function over to lawyers or someone else to be a usurpation of command authority.?

Brigadier General Cooke?s view on the judicial process:

With respect to counsel, along with teaching them the techniques of advocacy, we must provide a strong foundation in ethical rules and ensure they understand and respect the judicial process. They must understand the difference between the dogged pursuit of justice and a dogfight. We need them to help preserve the dignity of the deliberative process. This is one area where we really do not want to follow the civilian trend.

Justice Ginsburg?s concurring opinion on Military Justice:

In Weiss v. United States, 510 U.S. 163, 2 (1994)

?The care the court has taken to analyze petitioners? claims demonstrates once again that men and women in the Armed Forces do not leave constitutional safeguards behind when they enter military service. Today?s decision upholds a system notably more sensative to due process concerns than the one prevailing through most of our country?s history, when military justice was done without any requirement that legally-trained officers preside or even participate as judge.?



  • President Lyndon B. Johnson honors American soldier, September 28, 1967.?
  • Usurper Barack Hussein Obama dishonors American soldier, September 28, 2010 by allowing an 18 year Army officer and flight surgeon, highly decorated with an exemplary record to be court-martialed rather than honorably proving his eligibility.

For a comprehensive understanding of Article II Section 1 Clause 5 of the U.S. Constitution and why Barack Hussein Obama is ineligible for the office of the Presidency and Commander in Chief, read all of Attorney Mario Apuzzo?s court filings here including his exhaustive research and writings. He is representing Charles F. Kerchner, Jr., Commander USNR(Retired) in another epic court battle Kerchner v Obama & Congress against the putative President Obama with their Writ for Certiorari expected to be submitted to the U.S. Supreme Court by the end of this week.

In addition to the United States Patriot Union action items you can also take a stand and get engaged in the fight for Truth and Justice by way of supporting any one or all of these efforts:

4. Support LCDR Walter Francis Fitzpatric, III
5. Share the news of this historic travesty with your friends, family and fellow countrymen.
6. Call the media and demand they start reporting on this Constitutional crisis. With irrefutable evidence of the fraud and corruption designed to usurp the office of the Presidency, this breach of national security stands as one of the most egregious acts of treason ever in our nations history.
7. Take the time to read the Constitution, and be a part of the regeneration of the spirit of America as the nation as a whole unites behind the principles of liberty, freedom and our God given inalienable rights as enshrined by our Founding Fathers in those glorious documents that established our Constitutional Republic.


?All tyranny needs to gain a foothold is for people of good conscience to remain silent.? - Thomas Jefferson

When the rule of law is restored, we all win.

Previous reports by Pixel Patriot located here, here and here. Visit the Birther Vault for the long list of evidence and people questioning Obama's eligibility; [].
Courts Martial of LTC Terrence Lakin - White Paper 3 - Staying the Course - 9/27/2010

Obama Ineligible - I tried and lied but it won't go away! Wash Times Natl Wkly 2010-09-20 pg 5

Publicado por Corazon7 @ 13:16
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