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Context of 'September 2, 2010: Army Judge Refuses to Allow Evidence, Testimony Regarding Obama’s Citizenship in ‘Birther’ 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

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

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