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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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Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). [St. Petersburg Times, 6/27/2008; St. Petersburg Times, 7/1/2009; Honolulu Advertiser, 7/28/2009]

Entity Tags: Barack Obama, Ann Dunham, Kapiolani Maternity & Gynecological Hospital, Barack Obama, Sr

Timeline Tags: Domestic Propaganda, 2008 Elections

The non-partisan PolitiFact, an organization sponsored by the St. Petersburg Times, again delves into the ever-widening controversy surrounding President Obama’s supposed lack of US citizenship. A year ago, the organization attempted to debunk the wildly varying claims that Obama is not a US citizen (see June 27, 2008). Since then, the number and nature of the various claims against Obama’s heritage and citizenship have continued to swell. PolitiFact examines one aspect of the controversy, the question about “long form” vs. “short form” birth certificates. According to PolitiFact researcher Robert Fairley, so-called “birthers” claim that Obama has never produced a valid “long form” birth certificate, only an easily faked “short form” certificate that is generated via a computer database in Honolulu, the city of Obama’s birth. In August 2008, researchers from FactCheck stated that they had verified the authenticity of a physical and true copy of the birth certificate, though the verification did little to stem the tide of claims and conspiracy theories. The “long form”—kept in state vaults by Hawaiian law—is the actual “birth certificate,” birthers claim; the “short form” is merely a “certification of live birth,” and, they say, useless for proving anyone’s actual status as a citizen. Many “birthers” believe that the “hidden” long form would prove Obama’s foreign birth, and claim that Hawaii’s refusal to release it (a violation of state law) is proof of Obama’s hidden heritage. Some claim that Hawaii does not accept a “certification of live birth” as proof that an individual was physically born in Hawaii, and point to a statement on the Web site of the Hawaii Department of Home Lands, which reads in part: “In order to process your application, DHHL utilizes information that is found only on the original certificate of live birth, which is either black or green. This is a more complete record of your birth than the certification of live birth (a computer-generated printout). Submitting the original certificate of live birth will save you time and money since the computer-generated certification requires additional verification by DHHL.” DHHL spokesman Lloyd Yonenaka says the statement is somewhat misleading. In order to be eligible for Hawaii’s Home Lands program, an applicant must be able to prove that his ancestry is 50 percent native Hawaiian or indigeneous. Obama has never asserted that his ancestry is native Hawaiian. The DHHL Web site now states: “The Department of Hawaiian Home Lands accepts both certificates of live birth (original birth certificate) and certifications of live birth because they are official government records documenting an individual’s birth. The certificate of live birth generally has more information which is useful for genealogical purposes as compared to the certification of live birth which is a computer-generated printout that provides specific details of a person’s birth. Although original birth certificates (certificates of live birth) are preferred for their greater detail, the State Department of Health (DOH) no longer issues certificates of live birth. When a request is made for a copy of a birth certificate, the DOH issues a certification of live birth.” Janice Okubo of the Hawaii Department of Health says there is no real difference between the “long form” and “short form” for any useful purposes. The terms are “just words,” she says. Obama’s birth certificate as posted on the Internet (see June 13, 2008) “is considered a birth certificate from the state of Hawaii. There’s only one form of birth certificate.” Hawaii has followed the same practice of keeping the “long form” on file and issuing copies of the “short form” since the 1960s, she says. The forms have changed somewhat in appearance over the ensuring decades, she notes, and says there are no doubt differences between certificates issued in, say 1961 and those issued now. “When you request a birth certificate, the one you get looks exactly like the one posted on his site,” she says. “That’s the birth certificate.” The so-called “short form” “certification of live birth” would show if Obama had been born in a foreign land, she says. The certificate states that he was born in Honolulu. [St. Petersburg Times, 7/1/2009]

Entity Tags: PolitiFact (.org ), Robert Fairley, Barack Obama, Hawaii Department of Health, Hawaii Department of Home Lands, Lloyd Yonenaka, Janice Okubo

Timeline Tags: Domestic Propaganda

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

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

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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