Archive for June 4th, 2010

Lt. Col. Lakin Hearing: ‘Items Pertaining to President’s Credentials are Not Relevant’

Friday, June 4th, 2010

As expected the government is not going to allow the president’s birth certificate to be investigated.

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.

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.

It was Lakin’s stance that convinced CNN, which had ignored or ridiculed the issue for months, to give it a prime time focus recently.

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.

Lakin and his attorney, Paul Rolf Jensen, appeared on Anderson Cooper’s program and sparred with the commentator about the facts related to Obama’s eligibility for the presidency.

The Constitution requires a president to be a “natural born citizen,” and while the term is not defined in the Constitution, many legal analysts believe at the time it was written it meant a person born in the U.S. of two U.S. citizen parents. Critics say Obama clearly does not qualify under that definition, since he has admitted in his book his father never was a U.S. citizen. Some legal challenges have argued he wasn’t even born in Hawaii.

A recent Washington Post/ABC poll reveals that tens of millions of Americans doubt Obama’s eligibility.

The charges against Lakin allege violations of the Uniform Code of Military Justice Articles 87 and 92.

Formally, Lakin is accused of “through design” missing “the movement of US Airways Flight Number 1123, departing from Baltimore/Washington International Airport arriving in Charlotte, North Carolina, in order to deploy for a Temporary Change of Station in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, with which he was required in the course of duty to move.”

The second charge accuses Lakin of failing to report “to the office of his Brigade Commander, Colonel Gordon R. Roberts, at 1345 hours, or words to that effect, an order which it was his duty to obey.”

The SafeguardOurConstitution website explained the first charge, “missing movement,” is a serious crime in the nature of a felony. The second is “disobeying a direct order” and includes four specifications.

“Any soldier convicted on all charges and specifications would expect to be sentenced to years at ‘hard labor’ in the penitentiary,” the site said.

Original Link.