Home Forums Hunting & Shooting Hunter's Campfire Military judge to Col Lakin/ Vs Obama "Your defense might embarass the Presid

Rulings from federal judges and military judges I suspect are career motivated. What say ye campfire legal eagles. GW





Redmond
� 2010 WorldNetDaily



Lt. Col. Terrence Lakin
FT. MEADE, Md. � A career officer in the U.S. Army acting as a judge in the prosecution of Lt. Col. Terrence Lakin today ruled that the military is no place for Barak Obama's presidential eligibility to be evaluated.

Army Col. Denise R. Lind today ruled in a hearing regarding the evidence to be allowed in the scheduled October court-martial of Lakin that he will be denied access to any of Obama's records as well as any testimony from those who may have access to the records.

With her decision, Lind mirrored a number of federal judges who have ruled on civil lawsuits over Obama's eligibility. They have without exception denied the plaintiffs' access to any requested documentation regarding the president's eligibility.

Lind ruled that it was "not relevant" for the military to be considering such claims, that the laws allegedly violated by Lakin were legitimate on their face and that the chain of command led up to the Pentagon, and that should have been sufficient for Lakin.

Paul Rolf Jensen, Lakin's civilian attorney, said the case would continue. But he said the courts now have denied his client the opportunity to present his defense.

Jensen had argued that under U.S.C. Rule 46, a defendant put on court martial has the right to call any and all witnesses and obtain any evidence in his or her defense.

Lind, who took 40 minutes to read her decision to the court, disagreed.

She said opening up such evidence could be an "embarrassment" to the president, and it's up to Congress to call for impeachment of a sitting president

They know, what many have suspected.

The judge ruled Thursday that the records and any other evidence or witnesses pertaining to Obama's birth will not be admitted. Prosecutors have argued that Obama's birth certificate shouldn't be part of the case, especially since the order for Lakin to deploy to Afghanistan didn't come directly from the president, The Associated Press reported.

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.

But others say Lakin's novel approach is doomed to fail, and legal experts say he apparently made his decision to proceed to a court-martial without the advice of experienced counsel.

One military attorney said Lakin had advice from a lawyer, Paul Rolf Jensen, but that Jensen had �only three months' experience in military law as a clerk in the 1980s� and was not an expert in military law. Jensen did not return a phone call seeking comment, but military experts called Lakin's effort a tragedy and waste.

�He is likely to lose everything and accomplish nothing,� one attorney lamented. �No military judge will say that (obtaining documents) of the president is necessary to prove the charges,� said Philip D. Cave, a Washington attorney and director of the National Institute of Military Justice.

Cave said that the validity of Lakin's orders, under military law, does not depend on the president but on the chain of command. �He will be convicted and is in jeopardy of dismissal,� he said.

Dismissal, for a military officer, is the same as a dishonorable discharge for an enlisted servicemember.

�We all feel saddened,� said David Price, a former captain and 25-year veteran of the Navy Judge Advocate General�s office, now in private practice.

�He was issued an order to deploy and didn�t. End of issue,� he said. He said the military has dealt with these types of cases since Vietnam, when soldiers tried to make larger political issues the basis of their trials, and is experienced at keeping the proceedings free of politics.

Price also said that if the case does finally get to a general court-martial and a judge is asked to approve discovery requests by the defense, it is unlikely that it would be allowed to encompass the presidency. He said this wasn�t because of a conspiracy, but because the case is relatively simple and doesn�t require it.

Gary Myers, a former military lawyer who now heads a Washington firm specializing in military law, says he "just shook my head" when he heard about the case �I think [Lakin] is out of his mind� for thinking he could challenge the president this way, he said.

�It is grandstanding.�

Without the President being legal, Which the Constitution has guidelines on, it all falls apart. miles

So, what has to happen?

Wishfull thinking but it doesn't work that way....

Get the [bleep] out of office in 2012, clean up the mess afterwards.

Might even make em a lame duck in November, though I'm not holding my breath....

Seems pretty clear to me, no gray areas OR wiggle room....