Judgement Day for President Obama

Judge to Rule Thursday on Lakin’s Request for Deposition of Hawaiian Officials and Written Discovery of all President Obama’s School and College Records is this to much to ask of the President

Washington, D.C., Retired Air Force Lieutenant General Thomas McInerney has supplied an affidavit in support of Army Lieutenant Colonel Terrence Lakin, who faces trial on October 13-15.

Lt. Col. Terrence Lakin is a poster soldier for the so-called birther movement, but for 17 years prior to his court-martial proceedings, the flight surgeon served around the globe, racking up a chest full of medals.

Military prosecutors allege that the Colorado native intentionally missed a plane in April after disobeying four lawful orders from superiors. Lakin has said he refused to deploy to Afghanistan until he sees proof that President Obama was born in the U.S.

In a YouTube explanation posted before he was charged, Lakin said he had no choice but the "distasteful one of inviting my own court-martial." see [Obama]below:

The retired Air Force three-star is the highest ranking officer yet to lend public support to LTC Lakin. His affidavit acknowledges widespread concerns over the President’s Constitutional eligibility and demands the President release his birth records or the court authorize discovery.

McInerney’s sworn affidavit was filed in Court-Martial in support of Lakin’s motions for subpoenas for all of the president’s school records, and for a deposition of the custodian of Obama’s birth records in the possession of the State of Hawaii.

The Judge has set a hearing in the Court Martial on these motions for this coming Thursday, September 2nd at 11:00 at Ft. Meade, Maryland. All court proceedings are open to the public. The courthouse is located within Ft. Meade at 4432 Llewellyn Avenue, which is on the corner of Llewellyn and Ernie Pyle Road. At the first intersection after the Reece Road gate, you should turn left on to Ernie Pyle Road. The courthouse is approximately 1 mile south of the intersection of Reece Road and Ernie Pyle Road.

LTC Lakin is a physician, and is in his 18th year of service in the Army. He is Board Certified in Family Medicine and Occupational and Environmental Medicine. He has been recognized for his outstanding service as a flight surgeon for year-long tours in Honduras, Bosnia and Afghanistan. He was also awarded the Bronze Star for his service in Afghanistan and recognized in 2005 as one of the Army Medical Department’s outstanding flight surgeons. In March of this year, he announced in a video posted on YouTube that he would refuse to obey orders until receiving proof of the President’s eligibility. So far, more than 225,000 people have viewed that video.

McInerney’s affidavit can be viewed at www.safeguardourconstitution.com. The following are extracts:

• The President of the United States, as the Commander in Chief, is the source of all military authority. The Constitution requires the President to be a natural born citizen in order to be eligible to hold office. If he is ineligible under the Constitution to serve in that office that creates a break in the chain of command of such magnitude that its significance can scarcely be imagined.
• As a practical example from my background I recall commanding forces that were equipped with nuclear weapons. In my command capacity I was responsible that personnel with access to these weapons had an unwavering and absolute confidence in the unified chain of command, because such confidence was absolutely essential– vital– in the event the use of those weapons was authorized. I cannot overstate how imperative it is to train such personnel to have confidence in the unified chain of command. Today, because of the widespread and legitimate concerns that the President is constitutionally ineligible to hold office, I fear what would happen should such a crisis occur today.
• In refusing to obey orders because of his doubts as to their legality, LTC Lakin has acted exactly as proper training dictates. That training mandates that he determine in his own conscience that an order is legal before obeying it…Indeed, he has publicly stated that he “invites” his own court martial, and were I the Convening Authority, I would have acceded to his wishes in that regard. But thus stepping up the bar, LTC Lakin is demonstrating the courage of his convictions and his bravery. That said, it is equally essential that he be allowed access to the evidence that will prove whether he made the correct decision.
• For the foregoing reasons, it is my opinion that LTC Lakin’s request for discovery relating to the President’s birth records in Hawaii is absolutely essential to determining not merely his guilt or innocence but to reassuring all military personnel once and for all for this President whether his service as Commander in Chief is Constitutionally proper. He is the one single person in the Chain of Command that the Constitution demands proof of natural born citizenship. This determination is fundamental to our Republic, where civilian control over the military is the rule. According to our Constitution, the Commander in Chief must now, in the face of serious– and widely held– concerns that he is ineligible, either voluntarily establish his eligibility by authorizing release of his birth records or this court must authorize their discovery. The invasion of his privacy in these records is utterly trivial compared to the issues at stake here. Our military MUST have confidence their Commander in Chief lawfully holds this office and absent which confidence grievous consequences may ensue.

Lakin is represented by military counsel, and by Paul Rolf Jensen, a civilian attorney from California who has been provided to him by the American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, which has established a fund for Lakin’s legal defense.

[Obama] is ineligible, then indeed, all orders are illegal because all orders have the origin with the commander in chief," he said.

The Uniform Code of Military Justice says the maximum punishment for both offenses -- missing his plane and disobeying lawful orders -- is a dishonorable discharge and up to two years in confinement. A guilty verdict could also result in forfeiture of his pay, which totals $7,959 a month, according to a charge sheet provided by a group sponsoring his defense.

Lakin is among 27 percent of Americans who doubt or deny that Obama is American-born, according to a recent CNN/Opinion Research Corp. poll. They compose the birther movement, which demands that Obama present a birth certificate signed by the doctor who delivered him in 1961.

Obama has made public an unsigned "certification of live birth," which birthers claim is not the same as a birth certificate. However, two Honolulu, Hawaii, newspapers have presented birth announcements for Obama, and the state's Republican governor has confirmed that the president was born in the Aloha State.

In December, Col. Robin Swope, chief of the Army's administrative law division, told Lakin in a letter that his Article 138 complaint, the avenue by which troops report perceived wrongs by their commanding officers, was "deficient."

The complaint incorrectly targeted Gen. George Casey, Army chief of staff, Swope wrote. Not only was Casey not Lakin's commanding officer, Swope wrote, but "the wrongs you complain of relate to matters of law and not the discretionary acts or omissions of a commanding officer."

Lakin wrote Obama in March, saying presidential contender Sen. John McCain willingly provided his own birth certificate and accusing the president of failing to do the same. Lakin alleges in the letter that Kenyan citizens claim Obama was born in Mombasa, Kenya's second-largest city.

He further wrote that the birth certification provided by Obama is merely a 2007 computer-generated testament that the original birth certificate is on file.

"An original birth certificate is the underlying document that presumably includes a hospital and attending physician's or midwife's name that should lay to rest the 'natural born' dispute," Lakin wrote.

Until such a document is provided, the letter said, "I cannot in good conscience obey ANY military orders."

Addressing Obama directly in the video, he said that providing such a document is the only means by which "I and all other servicemembers may then continue to serve our country at risk of injury or the ultimate sacrifice, knowing we do so for our country, the Constitution and a legitimate leader of the greatest free republic ever."

On the campaign trail this year, politicians have used the issue of Obama's birth when it resonates with their constituents. It has backfired regularly, as many of their opponents have used it against them.

One group that has not wavered in its insistence that Obama was born abroad is the American Patriot Foundation, which is collecting donations for Lakin's legal defense.

The group has devoted significant space on its "Safeguard our Constitution" website to Lakin's case. Under a banner proclaiming, "The Truth Matters," the group says Lakin is being targeted unfairly for making a legitimate request.

Lakin, according to the foundation, was a model soldier before he began questioning Obama's birthplace in October 2008.

He served in Afghanistan (under President George W. Bush), Korea, Bosnia, Germany, Honduras and El Salvador before taking up an occupational and environmental medicine residency in Maryland, according to a service record provided by the Army and a résumé posted on the foundation website.

In June 2009, he became the chief of primary care at the Army's DiLorenzo TRICARE Health Clinic at the Pentagon. Eight doctors served under him, handling about 180 patients a day, the résumé said.

A biology major who graduated from Colorado College in 1989, Lakin earned his doctorate in osteopathic medicine at the University of Health Sciences in Kansas City, Missouri. He finished a masters in public health from the Uniformed University of the Health Sciences in Maryland in 2006.

His training includes courses or certifications in acupuncture, family medicine, toxic chemicals and combat casualty care, and he holds medical licenses in Maryland and Colorado, according to the résumé.

The CV states that he was selected for promotion to full colonel in 2011, and his service record states that he received more than 20 medals and commendations, including a Bronze Star, a meritorious service medal and three Army commendation medals.

Before joining the Army as an intern at the now-closed Fitzsimons Army Medical Center in Aurora, Colorado, Lakin served as a 911 dispatcher, paramedic and volunteer firefighter in Greeley, about 50 miles north of Aurora.

It is "rather rare" for someone of Lakin's stature (lieutenant colonel is two ranks below general) to be court-martialed, said Jonathan Tracy, assistant director of the National Institute of Military Justice at American University in Washington.

Though Lakin has repeatedly stated he is not beholden to any orders because he believes Obama's presidency is illegitimate, Tracy said it's unlikely the court will address the matter.

The prosecutors have to prove only that he missed his plane intentionally or through neglect and that he disobeyed lawful orders from superiors, said Tracy, a former Army judge advocate who served in Iraq.

"He'll have to prove he didn't violate these things," Tracy said. As for the issue of Obama's birthplace, the "bottom line is, that's obviously going to be his defense, but I don't know that it's going to go anywhere in the court-martial."