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Context of 'Before April 13, 2010: Army Doctor Refuses to Deploy, Cites Obama’s Lack of Citizenship; Faces Court-Martial'

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Lieutenant Colonel Terry Lakin, in a screenshot taken from his March 30 statement as recorded on YouTube.Lieutenant Colonel Terry Lakin, in a screenshot taken from his March 30 statement as recorded on YouTube. [Source: credit YouTube / CBS News]Army doctor Lieutenant Colonel Terrence Lee “Terry” Lakin is ordered to face a court-martial for refusing to deploy to Afghanistan. Lakin claims that because President Obama is not a US citizen, he does not recognize Obama’s authority to give orders as commander in chief. Lakin, ordered this week to report to Fort Campbell, Kentucky, refused to go to the Kentucky Army base, and instead went to the Pentagon, where he was confronted by his brigade commander, Colonel Gordon Roberts, a Vietnam Medal of Honor recipient. Roberts read Lakin his Miranda rights and told him he faces a court-martial; Lakin’s Pentagon building pass and government laptop computer were seized. Lakin faces a dishonorable discharge if convicted. On a March 30 video statement posted on YouTube, Lakin said: “I believe all servicemen and women, and the American people, deserve the truth about President Obama’s constitutional eligibility to the office of the presidency and the commander in chief.… Seeking out public office, especially the highest in our land, means you must uphold the Constitution, Mr. President, and confirm your eligibility.… The minimal invasion to any politician’s privacy from having to show an original, signed birth certificate is far less than the harms to our country by someone not qualified whose election would thus subvert the law and the truth.” In the video, he promised to “disobey” orders to deploy, and acknowledged he was “inviting” a court-martial. Lakin won a Bronze Star for meritorious service during a previous tour in Afghanistan. [MSNBC, 4/13/2010; New York Daily News, 4/14/2010; Politico, 4/14/2010; CBS News, 4/15/2010] Lakin’s legal defense fund is being coordinated by a “birther” group called the American Patriot Foundation. According to Army spokesman George Wright, Lakin will be reassigned to duty at Walter Reed Medical Center in Washington pending an investigation into whether he violated two provisions of the Uniform Code of Military Justice: missing the movement of a unit and violating an order. [Politico, 4/14/2010]

Entity Tags: Terrence Lee (“Terry”) Lakin, Barack Obama, US Department of the Army, George Wright, American Patriot Foundation, Gordon Roberts

Timeline Tags: US Military, Domestic Propaganda

Lieutenant Colonel Terry Lakin is formally court-martialed for refusing to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military (see Before April 13, 2010). In response, Lakin issues a statement through the American Patriot Foundation, the “birther” organization raising money for his defense. Reporter Justin Elliott writes that in the statement, Lakin “waxe[s] heroic,” saying: “I invited my court martial, and today I stand ready to answer these charges. I was prepared to deploy if only the president would authorize the release of the proof of his eligibility. He refused, and now the court will determine the issue, and my fate. The Constitution matters. The truth matters.” Lakin has been interviewed by a number of right-wing radio hosts, and recently told host G. Gordon Liddy that his lawyers may try to compel Obama to produce a birth certificate. [Army, 4/22/2010; TPM Muckraker, 4/23/2010] The effort to compel “discovery” from Obama will fail (see August 2, 2010). Lakin is receiving financial and legal assistance from the American Patriot Foundation (APF), an organization headed by former Congressional staffer and Bush administration veteran Margaret Hemenway, who has previously caused a stir by publicly protesting her daughter being taught by a lesbian teacher and publicly declaring her disbelief in global warming. The APF has created a Web site called “Safeguard Our Constitution” to promote Lakin’s cause. Hemenway has worked in the offices of Representative John Shadegg (R-AZ) and Senator Bob Smith (R-NH), and as a policy analyst for the House Republican Study Committee, according to her bios at various conservative publications. She also spent five years at the Defense Department and NASA “as a White House appointee” during the Bush administration. Her father-in-law, attorney and World War II vet John Hemenway, was involved in a “birther” lawsuit brought by Philadelphia activist Philip Berg (see March 5, 2009). Smith, Hemenway’s former boss, founded the group in 2003 after losing the Republican primary to John Sununu (R-NH) in 2002. At the time, the group was supposedly created to support “the families of soldiers lost in war.” The group has apparently been dormant until now. Hemenway explains that Smith “was gracious enough to turn it over to be put to a good public purpose—the immediate purpose is helping a brave officer who has not been able to get anyone in officialdom to answer his question about the president’s compliance with Article II, Section 1 of the Constitution—whether Obama is ‘natural born.’” [TPM Muckraker, 4/14/2010] Lakin’s civilian lawyer, Paul Rolf Jensen, is a well-known conservative activist who also worked for two senators, including Smith, and is a former Bush administration staffer. He is often involved in anti-gay legal cases, and filed “25 charges of heresy” against a number of Presbyterians around the country in 2004. The complaints included cases in which pastors officiated over same-sex unions, ordained gay elders, or were themselves gay. “I am called to action within the Presbyterian church to fight back against those who have made war and would destroy our church,” he told CNN at the time. [TPM Muckraker, 4/26/2010]

Entity Tags: Paul Rolf Jensen, Philip J. Berg, Justin Elliott, John D. Hemenway, G. Gordon Liddy, American Patriot Foundation, Barack Obama, Robert C. (“Bob”) Smith, Margaret Hemenway, Terrence Lee (“Terry”) Lakin

Timeline Tags: US Military, Domestic Propaganda

Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military (see Before April 13, 2010 and April 22-23, 2010), releases a video on WorldNetDaily accusing the Army of convicting him “without a trial” over his refusal to obey orders from his superior officers. Lakin is facing a court-martial. He cites a “rewritten” Officer Evaluation Report on him that, he says, was revised to include “derogatory remarks” from the charges, though he has not been “arraigned or found guilty.” The latest officer evaluation says Lakin lacks “the sound judgment required of a senior officer.” Earlier evaluations were more favorable. Lakin says that since the Army refuses to allow him to question Obama’s citizenship or present “evidence” of Obama’s lack of citizenship during his trial, he has no real defense. He intends to renew his request to bring in such evidence (see September 2, 2010). In the video, Lakin accuses the Obama administration of orchestrating a “coverup” of Obama’s “real” birth status. Lakin had sought the documentation on Obama’s birth as well as the testimony of Dr. Chiyome Fukino of the Hawaii Department of Health and that agency’s records on Obama (see October 30, 2008 and July 28, 2009). Lakin also wanted the records and testimony from custodians of records of Obama’s college financial aid and attendance at Punahou High School, Occidental College, Columbia University, and Harvard Law School. [WorldNetDaily, 7/17/2010]

Entity Tags: WorldNetDaily, Obama administration, Barack Obama, Terrence Lee (“Terry”) Lakin, US Department of the Army, Chiyome Fukino

Timeline Tags: US Military, Domestic Propaganda

Retired Major General Jerry Curry, who served in the Defense Department during the Carter and Reagan administrations, comes out in support of Lieutenant Colonel Terry Lakin. Lakin has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military. Lakin faces a court-martial for disobeying orders (see Before April 13, 2010 and April 22-23, 2010). “It shouldn’t be the lieutenant colonels, sergeants, and generals in the Army” asking questions about Obama’s citizenship, Curry says. “[I]t should be the congressman and senators on both sides of the issue asking this man to step up to the plate” and provide the proof to the American people. Curry is concerned that Lakin’s recent prediction that the Obama “administration will do its best to destroy him personally” is probably accurate. Curry says Obama should “look the American people in the eye” and say: “I am under a cloud because there are some folks that think I am illegitimate. If you will tell me what you think I need to provide to cause you to throw this mess out the window, and to understand that I am legitimate, then I will provide what you folks want because the most important thing is this country and carrying out the Constitution.” Curry joins retired Major General Paul Vallely, a frequent Fox News analyst (see Late September 2003), in questioning Obama’s citizenship. Curry agrees with Vallely that the birth certificate produced during the 2008 presidential campaign (see June 13, 2008) is insufficient evidence of Obama’s citizenship (see August 21, 2008, October 30, 2008, and July 28, 2009). Curry says people need to understand that the purpose of pushing for the information is for the good of the country, not for personal reasons, saying he does not want “to hurt Obama, we want the truth out so we don’t hurt the country.” [Greeley Gazette, 8/9/2010] Three weeks later, Vallely’s fellow Fox News analyst, retired Lieutenant General Thomas McInerney, joins Vallely and Curry in publicly supporting Lakin (see August 31, 2010).

Entity Tags: Paul Vallely, Jerry Curry, Terrence Lee (“Terry”) Lakin, Thomas G. McInerney, Barack Obama

Timeline Tags: US Military, Domestic Propaganda

A second retired general serving as a Fox News analyst comes out in support of Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, Lakin says, he questions President Obama’s citizenship and therefore his right to issue orders to the military. Lakin faces a court-martial for disobeying orders (see Before April 13, 2010 and April 22-23, 2010). Lieutenant General Thomas McInerney joins fellow Fox News analyst, retired Major General Paul Vallely, and a third retired officer, Major General Jerry Curry (see August 2, 2010), in support of Lakin. McInerney says in a statement: “[I]t is my opinion that LTC Lakin’s request for discovery relating to the president’s birth record 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 the Constitution, the commander is 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 is utterly trivial compared to the issues at stake here. Our military MUST have confidence their commander in chief lawfully holds his office and absent which confidence grievous consequences may ensue.” McInerney’s statement is released by the American Patriot Foundation, the “birther” organization raising money for Lakin’s defense. [WorldNetDaily, 8/31/2010; Huffington Post, 9/1/2010]

Entity Tags: Fox News, American Patriot Foundation, Barack Obama, Terrence Lee (“Terry”) Lakin, Thomas G. McInerney, Paul Vallely, Jerry Curry

Timeline Tags: US Military, Domestic Propaganda

An Army judge denies a request by defense lawyers to compel President Obama’s testimony in a court-martial against a US Army flight surgeon who refused to deploy to Afghanistan until he saw proof that Obama was born in the United States (see Before April 13, 2010 and April 22-23, 2010). Colonel Denise Lind, the judge presiding over the upcoming court-martial, says evidence or witnesses related to Obama’s citizenship are irrelevant to the case against Lieutenant Colonel Terry Lakin. Lakin is charged with missing a movement, disobeying a lawful order, and dereliction of duty. He faces a dishonorable discharge, two years’ imprisonment in a military prison, and a forfeiture of his pay if convicted. Lakin’s lawyers are contending that all military orders stem from the commander in chief. Without evidence that Obama is eligible to be president, they say, the doctor’s deployment order was illegal. Lakin’s civilian attorney, Paul Jensen, has asked Lind to order Obama’s official birth records from Hawaii be brought to court for trial (see June 13, 2008 and July 1, 2009). “If the president is ineligible, you need to know that,” Jensen tells Lind. “Colonel Lakin needs to know that, the government needs to know that, America needs to know that.” The prosecution contends that Obama’s eligibility is irrelevant because Lakin defied orders from his superior officers in the military chain of command, a point Jensen concedes. Lind rules that the matter of Obama’s eligibility is not relevant because he did not give any orders in the case, and notes that while the president is commander in chief of the military, it is Congress that is constitutionally empowered to raise armies, pay them, and equip them. Any contention that any orders are invalid if the president is ineligible “is erroneous,” she says. She also notes that military law says that a soldier’s personal beliefs or convictions are not sufficient to allow that soldier to determine that an order is illegal. The soldier has to have “no rational doubt” that the order is illegal before he or she can ignore it. Finally, she rules that a military court-martial is not the forum in which to determine a president’s eligibility, because the Constitution says only Congress has the power to impeach and remove the president. Jensen says the ruling “completely deprives us of any opportunity to present a defense in this case,” and says he intends to file a motion with the Army Court of Criminal Appeals to have Lind’s ruling overturned. [CNN, 9/2/2010]

Entity Tags: US Department of the Army, Barack Obama, Denise Lind, Paul Rolf Jensen, Terrence Lee (“Terry”) Lakin

Timeline Tags: US Military, Domestic Propaganda

Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military (see Before April 13, 2010), is convicted of disobeying orders from his lawful superior officers. In a court-martial, a military jury finds Lakin guilty of the specific charge of “missing movement by design.” His lawyers had argued that Lakin should be convicted only on lesser charges. He has already pled guilty to another charge that included not meeting with a superior when ordered to do so and not reporting for duty at Fort Campbell. During his trial, Lakin told the jury that he would “gladly deploy” if Obama’s original birth certificate were released and proved authentic (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009). He could be sentenced to up to 42 months in prison, but the jury sentences him to six months in prison and dishonorably discharges him from the Army. He also forfeits his pension. During the sentencing phase of his trial, a tearful Lakin tells the jury: “I don’t want [my career] to end this way. I want to continue to serve.… It crushed me not to be on deployment. I can be on a plane tomorrow. I’d truly do that.” Before his trial, Lakin issued a belligerent press statement saying he “invited” the court-martial and refused to deploy until Obama “proved” his citizenship (see April 22-23, 2010). During the trial, prosecutors played a March 30, 2010 YouTube video by Lakin that accused Obama of “subvert[ing] law and truth” and ordered Obama to “release your original, signed birth certificate—if you have one.” Lakin also released a second video in July accusing the Army of convicting him “without a trial” (see July 17, 2010). During sentencing, Lakin called the March video an embarrassing mistake, brought on by pressure and poor advice from supposed supporters (see April 22-23, 2010, August 2, 2010 and August 31, 2010). “I would not do this again,” he said. “It was a confusing time for me, and I was very emotional. I thought I was choosing the right path, and I did not.… I thought this was such an important question that I had to get an answer. I thought I was upholding the Army values by questioning this… but I was wrong.” During the proceedings, “birthers” in the gallery repeatedly interrupt with applause at references to Obama’s birth certificate, and can be heard calling the trial “disgusting.” They also hand out pamphlets with a picture of Obama labeled “usurper” and “ineligible.” [TPM Muckraker, 12/14/2010; Stars and Stripes, 12/15/2010; Associated Press, 12/16/2010]

Entity Tags: Barack Obama, Terrence Lee (“Terry”) Lakin

Timeline Tags: US Military, Domestic Propaganda

Officials of the Terry Lakin Action Fund, a group that funded and supported former Lieutenant Colonel Terry Lakin when he refused orders to deploy to Afghanistan because of his doubts about President Obama’s citizenship (see Before April 13, 2010), now say that had Obama released his “long form” birth certificate before Lakin’s refusal to follow deployment orders (see April 27, 2011), Lakin would have obeyed those orders and thusly never would have been court-martialed and dishonorably discharged from service (see December 16, 2010). The Action Fund demands that Obama issue Lakin a “full and complete presidential pardon” for his conviction of six months, “including restoration of pay, benefits, and service.” The Action Fund statement reads in part: “This document which was so casually dropped on the news corps could just have easily been provided 12 months ago or two years ago. Even six months ago, it would have prevented LTC Lakin being manacled and hauled away to Fort Leavenworth prison for standing up for the Constitution, consistent with the oath he took as an officer, and the rule of law.” The statement continues: “Had the Obama administration agreed to allow the document unveiled today and other related documents as requested for discovery in Terry Lakin’s first pre-trial hearing, the matter would have been resolved and soldiers assured their military orders were lawful, given by a lawful commander in chief. A good soldier, having played his part in this issue, would have returned enthusiastically to the service for which he is so ably trained.” The statement also questions the authenticity of the “long form” certificate, demanding that it be “submitted for forensics testing to determine its authenticity.” It continues, “[S]imilarly, the Kenyan birth certificate that has been widely circulating on the Internet and on Capitol Hill—should be tested” (see August 4, 2009). [TPM Muckraker, 4/27/2011; Terry Lakin Action Fund, 4/27/2011] The Action Fund, on its Web site, calls itself “[t]he only site designated by Terry Lakin and his family to assist with direct support of Terry’s legal defense and his family’s needs. Terry is standing up for the nation. He needs the nation’s help.” The site features a statement by Lakin’s wife that reads: “My husband is going to prison because of Barack Obama’s birth certificate. I’m sure you agree that’s a heavy price to pay for standing up for what is right.” [Terry Lakin Action Fund, 4/27/2011]

Entity Tags: Terrence Lee (“Terry”) Lakin, Barack Obama, Terry Lakin Action Fund, Obama administration

Timeline Tags: Domestic Propaganda

Former Army Lieutenant Colonel Terry Lakin is discharged from military prison after serving five months of a six-month term for refusing to obey deployment orders. Lakin refused to be deployed in April 2010 because, he said at the time, President Obama was not a true American citizen and therefore could not give him or any other member of the military any orders to deploy (see Before April 13, 2010). Lakin was court-martialed, dishonorably discharged, and sentenced to prison at Fort Leavenworth, Kansas (see December 16, 2010). He pled guilty after a military court refused to allow what he and the “birther” organization that supported him, the American Patriot Foundation, called “evidence” of Obama’s lack of US citizenship (see September 2, 2010). [Associated Press, 5/13/2011] Some “birthers” continue to use Lakin’s case to advance their cause. One “birther” blog devoted to advocating the anti-gay “Defense of Marriage Act” writes: “Lieutenant Terry Lakin was sentenced as a result of a judicial meltdown in our courts transpiring and sweeping across America, as Mr. Lakin was not allowed the right to justly defend himself. He was denied the opportunity to call forth witnesses or to submit crucial evidence to the court involving our Head-in-Chief.” [DOMA News, 5/15/2011] A commenter on the Free Republic blog writes: “When did overlooking and ignoring fraud, deceit, identity theft, forgery, and corruption in the chain of command become part of the military code of honor? Is this how our very highest military officers fulfill their responsibilities to the brave men and women serving under them and to their oath to defend the Constitution. [sic] Do they feel shame when accepting the salutes of our dedicated and honorable troops? Are our highest military [sic] the least bit suspicious that Obama sits in the White House because of forgery, deceit, fraud, and identity theft? Where is the evidence that they peacefully and lawfully sought certifiable clarification of Obama’s status from Congress, the courts, and/or Obama himself?” [Free Republic (.com), 5/12/2011]

Entity Tags: Free Republic, US Department of the Army, Barack Obama, American Patriot Foundation, Terrence Lee (“Terry”) Lakin, DOMA News (.com)

Timeline Tags: US Military, Domestic Propaganda

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