Excerpt:
The key defense attorney for an Army officer being put on trial for refusing orders he views as suspect because of the possibility Barack Obama is not eligible to be commander-in-chief is demanding documentation from the president.
On the G. Gordon Liddy radio show today, Paul Rolf Jensen said the request for "discovery" in the Lt. Col. Terrence Lakin case – the access by the defense to documentation in the government's possession that could help its case – is being submitted.
Jensen had been asked whether there is a legal basis for denying a defendant on trial on criminal charges legitimate access to documentation that would prove his case.
There's a new strategy to get answers to Obama's eligibility questions. See how you can help.
"We are today officially requesting that discovery," Jensen said. "If the government refuses to give it to us, then we will, a week from today, file a motion to compel discovery.
"I can't think of a single reason why the judge would take the government's position," he said.
The controversy stems from the Constitution, Article 2, Section 1, which states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
A number of challenges and lawsuits have been based on the constitutional requirement, some alleging Obama does not qualify because he was not born in Hawaii in 1961 as he claims. Others say he fails to qualify because he was a dual citizen of the U.S. and the United Kingdom when he was born, and the framers of the Constitution specifically excluded dual citizens from eligibility.
Complicating the issue is the fact that besides Obama's actual birth documentation, he has concealed documentation including his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, Illinois State Bar Association records, baptism records and his adoption records.
Lakin declined to follow deployment orders after he tried through military channels to affirm the validity of orders under Obama's command and was rebuffed. He had been scheduled to deploy to Afghanistan again.
Lt. Col. Terrence Lakin
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.
In at least one of the earlier disputes, the Army simply canceled the orders rather than allow the argument to come to a head.
The issue of discovery in such a dispute is critical. The multitude of civil cases that have been brought over the Obama eligibility dispute all have failed to reach that process because of federal judges who have ruled on issues generally involving "standing." The judges have concluded that damages from an ineligible president suffered by the plaintiffs would not be more for them than any other member of the public, so there is not a specific damage or danger.
Jensen has explained that the Lakin case is different, since his client is being processed on criminal charges over the issue – a status that puts him in imminent danger of specific and personal "damages."
The courts already have shown a weakness on the subject of Obama's records. The discovery-of-evidence issue previously was raised in court by attorney John Hemenway, who was threatened by a federal judge with sanctions for bringing a court challenge to Obama's presidency.
Hemenway is serving in emeritus status with the SafeguardOurConstitution website, which is generating support for Lakin. Hemenway brought a previous court challenge, now on appeal, on behalf of a retired military officer, Gregory S. Hollister, who questioned Obama's eligibility.
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Hat Tip: WorldNetDaily
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4 comments:
Lady, you are pathetic.
Because of WND's (and others') obsession with Obama, a senior army officer has trashed his career. He either believes he is allowed to arbitrarily refuse orders from his Commander-in-Chief, or he allowed himself to be hoodwinked into believing that he could because the President is illegitimate. I haven't bothered to look up Maj. Cook's status, but I do know that Capt. Rhodes fired her attorney—the Queen of Birthastan herself, Orly Taitz—washed her hands of the whole business, asked the judge to withdraw Orly's Motion to Stay, packed her gear and shipped off to Iraq, as assigned.
That was 11 months ago. I'm waiting for the wingnuts to report her “suspicious death”. I've little doubt someone has a press release already written.
As for Col. Lakin, he will follow his convictions to the bitter end. His court-martial is slated for October. Gregory Hollister is a retired officer (i.e., civilian); he can say whatever he likes. But an active-duty officer can not.
Although '[a] number of challenges and lawsuits have been based on the constitutional requirement, some alleging Obama does not qualify because he was not born in Hawaii in 1961 as he claims', NONE of those allegations have been demonstrated. In law, as in science, what one believes means nothing. In fact, law is easier, because it allows for “reasonable doubt”. But no one's shown anything to cause reasonable doubt, not a single thing.
Sometimes, smashing your head against the wall only brings you pain. The wall doesn't crumble.
YOU are the one who is pathetic.
More and more people are legitimately questioning why Obama is hiding not only his COLB from the public, but also a laundry list of documents about his life.
I believe what Ronald Reagan once said, "Trust, but verify." And IMO, that is exactly what Lt. Col. Lakin (along with millions of Americans who want the truth) is attempting to do.
Christine, GMpilot's oars clearly aren't hitting the water. Ray Charles can see that Obama is a fraud. People like GMpilot cannot grasp the fact that there are people that do care about the Constitution and about who is supposedly representing the American people. It is written, "the simple believeth every word, but the prudent man looketh well to his going". People like GM will believe anything told to him ...
stevex09:
I do care about the constitution, and I see that you're prepared to destroy it in the name of protecting it.
This whole 'birther' crap looks to me as if you're all trying to overturn the 2008 election, and you're prepared to do as much to do that as you say Obama's 'cabal' is doing to stop you.
You're the one who believes in an invisible, all-powerful Big Daddy in the sky, and you say that I'm the one who believes anything I'm told? Get a clue!
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