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LAKIN DEFENSE OPTIONS


STAND UP AMERICA EXCLUSIVE !
Lakin Defense Options !!!



http://standupamericaus.com/stand-up-america-exclusive-lakin-defense-options:37663


The Stand Up America BlogSTAND UP AMERICA EXCLUSIVE – Lakin Defense OptionsPublished on 09/03/10

Editor’s Note: The following report is solely the product of the authors and is posted here for the public to view, and discern for themselves. It is a scholarly work and may clear up many questions readers may have.

Courts Martial Defense For LTC Terrence LakinBy J.B. Williams and Timothy Harrington

World Net Daily, which has been following the Lakin trial step-by-step from the beginning, is reporting:

FT. MEADE, Md. – A career officer in the U.S. Army [Col. Denise R. Lind] 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.
According to the WND report, presiding authority Col. Denise R. Lind used the following arguments to deny LTC Lakin proper access to a defense, summarized in the following three paragraphs taken from the 40 minute long reading of her decision 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.

We find foundational flaws in Col. Lind’s decision, which Lakin’s defense team must seize upon in order to alter the current course of this trial.

1 – Lind’s authority is derived from the same place as LTC Lakin’s and all other members of the United States Military – from the supreme command of the office of Commander-in-Chief, the President of the United States.

2 – Lind is attempting to use her authority under her Commander-in-Chief to break the military chain of command, isolating the Commander-in-Chief of the US Military specifically, exempting the President from his position of authority in the chain of command, without which, Lind herself has no authority to convene the Courts Martial.

3 – Lind then reaches outside of the US Military Justice system to the Civil Court, relying upon civil court precedent to deny Lakin any access to discovery and thereby, a proper defense guaranteed him by the US Constitution and UCMJ, Uniform Code of Military Justice. Civil Court precedent has no legal standing in a UCMJ criminal proceeding. In fact, the UCMJ is based upon the Articles of War (aka War Articles) and is a “penal system” unlike the US Justice System – as explained by Col. William Winthrop in Military Law and Precedents. As a result, precedents set in courts outside of the UCMJ are without legal standing in any UCMJ proceeding.

4 – Not even in the UCMJ can the United States government deny the accused his/her right to a trial, complete with discovery of related evidence. Yet Lind attempts to do so, under the authority derived from her Commander-in-Chief. If the chain of command is broken, then Lind herself has no authority.

5 – Lind’s statement that the legality of the Commander-in-Chief is “not relevant” in matters of military command is false on its face. As stated in a sworn affidavit filed by LTG Thomas G. McInerney executed on August 20, 2010 – “In refusing to obey orders because of his doubts as to their legality, LTC Lakin has acted exactly as proper training dictates. – By thus stepping up to 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.”

6 – Lind attempts to break the chain of command at The Pentagon level, which she claims has no issue with the current Commander-in-Chief and that this should be good enough for Lakin. Yet she cannot break this chain of command without eliminating her own authority, and Lakin’s oath requires that he decide for himself whether or not his orders are legal, as affirmed in LTG McInerney’s sworn affidavit.

7 – At issue is not whether or not LTC Lakin refused orders, but rather whether or not he “unlawfully” refused orders. If his orders were not “lawful,” including but not limited to, emanating from a “lawful” chain of command which begins with a lawful Commander-in-Chief, then Lakin must be found NOT GUILTY of “unlawfully” refusing orders.
At the heart of the matter is whether or not his orders to deploy were “lawful.” LTC Lakin has questioned whether or not his deployment orders were “lawful” on the basis that he believes that the Commander-in-Chief from which those orders are issued, may not be “lawful,” therefore making any orders from the top of military command “unlawful.”
To determine whether or not Lakin is correct in his decision to refuse orders, it is paramount to discover with certainty whether or not his orders were issued by a “lawful” command.
As we know, Article II – Section I requires that only a “natural born citizen” of the United States can hold the office of President, Commander-in-Chief. In this regard, a fatal misstep in the Lakin defense has opened the door for the illegitimate statements now being made by Col. Denise R. Lind.

LTC Lakin failed to directly assert that Barack Hussein Obama is NOT legal in his command on the basis that we know with certainty that he is not a “natural born citizen,” – and that LTC Lakin is “lawfully” refusing to follow orders on this basis. Instead, LTC Lakin only asked the “birth place” question and tied that question to whether or not Mr. Obama could and would present an official “birth certificate” proving once and for all that he was indeed born in Hawaii, making the wrong assumption that if he could and would provide proof of said birth via an official birth certificate, which has never been released to date.

The fatal error revolves around the reality that Obama’s birth place is of no consequence in the matter of his status as a “natural born citizen” eligible for high Command of the US Military under Article II – Section I of the Constitution. Although there is no shortage of opinions on the subject of what the term “natural born citizen” means, there is no honest debate on the matter either.

Every Supreme Court Justice knows exactly what the term “natural born citizen” means, where it came from, why it exists in Article II requirements for the office of President and that Barack Hussein Obama is NOT a “natural born citizen,” indeed ineligible for the office he currently holds.

They know that LTC Lakin is right to “lawfully” refuse orders from an illegal Command.

We know this on the basis of the following critical facts:

1 – The term “natural born citizen” is derived from the Law of Nations. An international treaty establishing a set of rules used to establish a “nation,” the issue of nation and citizen sovereignty, and internationally recognized definitions of universal terms, including the term “natural born citizen.”

2 – The Law of Nations is specifically mentioned in the US Constitution as an enumerated power of Congress under Article I – Section VIII – Item X – “To define and punish offenses against the Law of Nations;” (Note that in the original Constitution, Law of Nations is capitalized, referring specifically to THE Law of Nations.)

3 – From Emerich de Vattel’s 1758 book on The Law of Nations, Chapter 19 § 212. – Of the citizens and natives – Vattel establishes – “in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”

4 – In a letter from Founder John Jay to then President of the Constitutional Convention George Washington, Jay stated – “Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.”

5 – It was later learned that President George Washington had actually taken out Vattel’s book on the Law of Nations from the local library in order to study proper implementation of law in our newly formed nation, and never returned that book. On the basis of known history and facts behind the Constitutional term “natural born citizen” which is based upon “natural law” explained in the Law of Nations as stated referred to in the US Constitution, the proper assertion is not at all related to the actual “birth place” of Barack Hussein Obama, II. The ongoing search for a Hawaiian birth certificate has no bearing on the subject of “natural born citizen” status for Barack Hussein Obama, II.

The only relative question is:

Was Barack Hussein Obama’s birth father a legal citizen of the United States of America at the time of his birth, no matter where in the world he may have been born? Without a birth father who was a legal citizen of the United States at the time of his birth, Barack Hussein Obama, II cannot be a “natural born citizen” of the United States of America, he is not without divided national loyalties, and cannot serve as President of the United States or Commander-in-Chief of the United States Military as a result, creating a national security and a full blown Constitutional crisis.

According to the two autobiographical books by Barack Hussein Obama, II – his birth father is Barack Hussein Obama, a British subject at the time and a legal citizen of Kenya. According to public family history, Barack Hussein Obama was at no time in his life a legal citizen of the United States.

On this basis alone, LTC Lakin is right (and lawful) in refusing to accept orders from an illegal command. The US Constitution and the Law of Nations, upon which our sovereign nation was formed, are very clear on the matter.

As a result, the need for LTC Lakin to gain access to the Hawaiian birth records for Barack Hussein Obama, II is eliminated.

LTC Lakin need only assert the following:

On the basis of Article II – Section I of the US Constitution, supported by Article I – Section VIII – Item X concerning the Law of Nations and the term “natural born citizen,” – I hereby refuse any and all illegal orders issued by the illegal Commander-in-Chief of the United States Military, President Barack Hussein Obama, on the basis that he does not meet Constitutional requirements for the office he currently holds and must further hereby demand that he be removed from office and immediately relieved of Command of the United States Military. I further assert that due to the illegal status of existing Military high Command that this Court Martial has no authority under which to proceed.

Under this assertion, there is no need for access to the birth records of Barack Hussein Obama, II, unless Mr. Obama chooses to respond by stating that Barack Hussein Obama is not his real birth father, in which case Mr. Obama is admitting to fraud during his pursuit of the Oval Office.
In the event that the UCMJ chooses to challenge the historically accurate definition of the term “natural born citizen” described herein, the US Supreme Court is the only court in the land with proper authority to rule on the true meaning of the term “natural born citizen” – as stated by the Constitutional protections that LTC Lakin has sworn a lifetime to protect and defend.

With this assertion is place, LTC Lakin does not have to prove that his assertions are true and accurate. As Commander-in-Chief, Barack Hussein Obama must prove that Lakin’s assertion is false in order to proceed with the government prosecution of LTC Lakin on the grounds that he has “unlawfully” refused orders.

In short, Mr. Obama must prove that his orders are in fact “lawful.” If Obama is either unable or unwilling to do so, then LTC Lakin is in fact NOT GUILTY of “unlawfully” refusing orders.

This particular case is not about one soldier refusing deployment orders. It is about a nation allowing a precedent to stand which makes it possible for any individual with any foreign allegiance to hold the highest office in this land, with no obligation whatsoever to demonstrate or prove national loyalties before holding the office of President of the United States and Commander-in-Chief.

This case is about whether or not the US Constitution stands as the official Law of this land.

NOTE: Past challenges on the term “natural born citizen” have been improperly argued upon cases revolving around the Fourteenth Amendment. The Fourteenth Amendment relates to “immigration” and “naturalization” laws, not “natural law” used to establish “natural born citizenship” status of an individual. Therefore, any and all cases pertaining to Fourteenth Amendment arguments are moot on the matter of “natural born citizen” claims.

Researched and Prepared By:
J.B. Williams and Timothy Harrington
The United States Patriots Union, LLC - Sheridan, Wyoming
Available pdf - Courts Martial Defense of LTC Terrance Lakin.pdf (399kb - 5 pgs)


http://patriotsunion.org/
Researched and Reviewed By:
The United States Bar Association

http://www.unitedstatesbarassociation.com/




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The United American Freedom Foundation - http://uaff.info/2010 Sex, Drugs & Religion (1:11:14) http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=1021806902010 Global Eugenics - Using Medicine To Kill (2:04:57) http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=1007205722010 The American Matrix - Age Of Deception (2:00:03) http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=1007198422008 The Decline And Fall Of America - The Movie (2:00:46) http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=63997187

Twenty Ten - 2010 by Lloyd Marcus - http://www.youtube.com/watch?v=UZkvkLmkYVgNBRA Feet to the Fire by Lloyd Marcus - http://www.youtube.com/watch?v=4s8BGPy7_MULloyd Marcus - American Tea Party Anthem - http://www.youtube.com/watch?v=q1byTDgu7iAWE THE PEOPLE, New Tea Party Unity Song by Lloyd Marcus - http://www.youtube.com/watch?v=PlkgFpU_FB4Confessions of a Black Conservative - http://www.lloydmarcus.com/?page_id=1029Lloyd Marcus - http://www.youtube.com/user/LloydMarcusUSAhttp://www.lloydmarcus.com

Victory over All Creationhttp://downloads.cbn.com/cbnplayer/cbnPlayer.swf?s=/vod/MW131v2_WS

Run Into The Conflict - "Run For Your Life" http://www.youtube.com/watch?v=6A6lWl_XzKA On the first Sunday following the tragedy of September 11th, 2001, Carter Conlon delivered this soul-stirring message at Times Square Church in Manhattan. The sermon was titled, "Run For Your Life" and it is certainly worth the effort to listen to it in its entirety. http://www.braveheartedgospel.com/Sermons.html

U.S. HISTORY REPETITIVE TO END TIMEI - Bondage to Spiritual Faith - Year of The MayflowerII - From Spiritual Faith to great Courage - 1776III - From Courage to Liberty - Constitution 1791IV - From Liberty to Abundance - 1900 to 1960V - From Abundance to Complacency - 1960 to 1980VI - From Complacency to Apathy - 1980 to 2000VII - From Apathy to Dependence - 2000 to 2009 VIII - From Dependence back into Bondage by CONTRIVANCEIX - From Bondage to Spiritual Faith - 2010 to ? by REVIVAL or DEMISE - WWIIIX - RAPTURE - Blessed Assurance has Come - NEW JERUSALEM

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Listen to the discussion--lessons learned in 2009--1/18/2010

The facts about the health care bill!

We're The Government and You're Not

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keep the fire burning

keep the fire burning
Keeping alive the burning desire for freedom

Monday, January 12, 2009

US CONSTITUTION IS NOW DEFUNCT

US CONSTITUTION IS NOW DEFUNCT

Philip J. Berg request for a Writ of Certiorari was denied by the Supreme Court. Enter the new era of lawlessness. May God help us.

We the people filed law suits, wrote articles, took out news paper ads, made videos, and wrote thousands and thousands of letters to our Congress, Senators, and the Supreme Court. It now seems like an exercise in futility. The only value the public is getting out of having challenged Obama's legitimacy has been the forcing the Senate, Congress and the Supreme Court to expose their true criminal conspirator selves. They have failed to serve the public by keeping their oath to protect and uphold the Constitution of the United States. If action is the result of thought, then by the actions of these elected , they exist only to serve themselves. Public be damned. If was a simple request to ask them to ask Obama to disclose legal documents to prove he is qualified. They have coldly ignored. They failed because they have been part of a conspiracy to ignore the people and do as they please. There is no valid reason for them to refuse to demand Obama disclose his records and prove to the voters he does qualify to serve as president. There is every reason on behalf of America’s national security to be certain Obama qualified under the US Constitution.

"A little vote,
For a little gold.
Soon a whole Senate
Bought and Sold”


This government is so corrupt that if Obama went into the public streets and shot and killed ten people in plain site of dozens of witnesses. The powers would say Obama is innocent because those people should not have been standing there where Obama--cleaning his gun--and accidentally shot them. There fore all those who didn't die should be put on trial.

We are now a lawless country without any umbrella of protection since the Constitution is a defunct document of history. This is now a country of power players and groups and laws will be interpreted to suit the purposes of those groups who have the most ammunition to intimidate another. The American citizen now lives under their mercy instead of under legal rights protected by the Constitution.
This mess is greater than Obama who merely knew how corrupt the existing elected officials are used them to his own benefit. This is the result of 40 + years of corrupted elected officials who need to relinquish their seats or be forced to resign immediately. WE the people must fire, terminate, and vote out the entire Congress, Senate , and Supreme Court for breach of fiduciary duty.

USA patriots shout

1 comment:

  1. Here is something for everyone to chew on, I know this is a little off topic, but it really does fit in to everything every one is saying about the coon. I have been watching the History and Discovery Channels as normally I would any other day of any other year, but something has caught my eye and my interests that I never put together until just the other night.

    I was laying on my couch watching the show about the end of the world and the Myan calander, I bet your thinking, so what. Well the so what is that they are not the only ones to predict the end of the world on Dec 21st 2012, the chinese, the egyptians, Nostradamus, the Navajo, and even a few others have predected pretty much the same time frame of when we see the sun directly in the middle of the galaxy.

    Ok, so you ask what the heck does this have to do with our new pres? Well first of all, look who will be president at that time, secondly I just heard on the news that he is already trying to close down Guantanimo bay prison, hmmm where to put all them terroists? And thirdly, Nostradamus did predict the rising of the third Anti-Christ, and in that quatrain he spoke of a man rising in the west with ties to the middle east. Now I don't know the exact wording he used (cause he talks funny) but that was what the dudes with the PHD's said it translated to lol.

    As we all know its up to any ones interpitation of Mr. N's predictions on how to decifer them, but for some reason, the Myan's, the Chinese, The Navajo, the Egyptians, and a few others tend to lend more and more credit to this particular prediction.

    Kind of makes a person wonder what the bible code says about him! Now in light of what I have seen on the TV and the real world, I just can't help but think that this was the most grave of mistakes this country has ever made in its whole history, and if I can find out the closer to 2012 we come that all is not well with our new pres, I for one will be make preperations for solitude and self preservation.

    Maybe a civil war is the best thing for this country, us Texans are always up for a good fight.

    ReplyDelete

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