The trial counsel argued that bringing evidence of motivation for refusal to follow the orders was irrelevant and should be excluded, citing a previous anthrax shot refusal case in which the military judge did just that. (I'm not sure which case it was, but the case of another military doctor--Air Force Captain John Buck--comes to mind.)
The military judge responded by determining that the orders (Specifications 1-3 of Charge II) given LTC Lakin were lawful. She continued by taking judicial notice of an Army regulation regarding orders and ruling that the witnesses who were the subject of the government motion in limine were precluded from testifying as experts, although they could end up testifying in sentencing if the case proceeds that far. Furthermore, the military judge granted the prosecution motions to prevent the defense from raising irrelevant issues regarding President Obama's eligibility to serve as the commander-in-chief and LTC Lakin's motivation for disobeying the deployment orders during the findings phase of the trial. Again, the motivation might become relevant in sentencing.
Hearing this, the civilian defense counsel remarked that this gutted the defense case, and he had to put on some sort of defense. Apparently, LTC Lakin is chomping at the bit to testify in his own defense, so that might be the sum total of the defense case after today's rulings.
The court-martial is set to resume at Ft. Meade on November 4. Stay tuned for more on this saga.
Full report here; http://www.nimjblog.org/2010/09/ltc-lakin-court-martial-update-judge.html
I will update this post when more details are released...
UPDATE: Via WND; - Army judge tells officer: Shut up and be punished! - Defense counsel warns 'fair trial' impossible under military rulings - By Brian Fitzpatrick
The rulings came today from Col. Denise Lind, who in so many words told Lt. Col. Terrence Lakin to pound sand. Rocks actually. He faces up to four years at hard labor if convicted in his case.
"We got absolutely slammed today," said Paul R. Jensen, lead counsel for the defense. "It's impossible for us to have a fair trial under these rulings."
Jensen continued, "The judge did what she thought was right, but the result is to deprive us of any opportunity to have a defense."
Lakin believes any order issued under Obama's authority as commander in chief of the armed forces may not be valid because his eligibility to serve as president is unproven. After fruitlessly requesting the Army to verify Obama's eligibility to serve as president, Lakin wrote directly to Obama asking for proof of eligibility.
But without a response, Lakin decided it was his duty to refuse an order to deploy with his unit as part of Obama's Afghanistan surge. As one of the defense briefs states, he "... [took] the distasteful route of inviting his own court martial."
Note: A legal-defense fund has been set up for Lt. Col. Terry Lakin. Click here for information.
In her decision, Lind, acting as judge in the case, censored the last remaining arguments Lakin planned to make in his defense: motive and duty. Lakin had intended to explain his motive for disobeying the order and contend that it was his duty as a good soldier to disobey orders that he believes to be illegal.
The defense also planned to call as witnesses Ambassador Alan Keyes and retired Air Force Lt. Gen. Thomas McInerney. Keyes was to explain the constitutional issues involved in the case, and McInerney was to talk about the training soldiers receive regarding when they should question and even disobey orders.
Lind was following up on her rulings from Sept. 2, when she rejected defense plans to introduce evidence concerning Obama's eligibility. The defense also requested for Lakin's defense documents referencing Obama's birth records on file in Hawaii, but Lind refused to allow that either, noting that providing the documents might prove "embarrassing" to Obama.
"Our arms were cut off last time," said Jensen. "Our legs are being cut off this time." ...continued here; http://www.wnd.com/index.php?fa=PAGE.view&pageId=209357
Previous reports on LTC Terry Lakin can be found here. Visit the Birther Vault for the long list of evidence and people questioning Obama's eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].
Lieutenant General Thomas McInerney's Affidavit Supporting Lt. Col. Terry Lakin - 8/19/2010
United States v LTC Terry Lakin - Ruling on Motions(Discovery) – September 2, 2010
Courts Martial of LTC Terrence Lakin - White Paper 3 - Staying the Course - 9/27/2010
Irrefutable Proof that Obama is Not Eligible to be President of the United States, the Facts Don't Lie!
Obama Ineligible - I tried and lied but it won't go away! Wash Times Natl Wkly 2010-09-27 pg 5
11 comments:
Bullshit!!!
Nov. 4 for the trial, 2 days after the elections.
Who could have seen that coming? No judge wants their name in the history books as the one who brought down this phony. I hope Lt.Lakin don't get railroaded by this kangaroo court. We may have to wait for the new congress to file charges against the usurper.
ditto!
This is the LAST STRAW!!!! I need to remind you of the words of one JFK...
“Those who make peaceful revolution impossible will make violent revolution inevitable.”
The illegal government in DC is doing everything it can to bring about an uprising. They can then say "see we told you that the right wing were terrorists". What happened today in court is no different than what happened in Germany under Hitler.
This is a total disgrace. And to think I put my life on the line for this piece of crap country.
This judge is embarrassing herself, and the sad thing is that she doesn't realize it. She is basically trampling the Constitution and depriving Lakin of justice. What a coward she is.
A couple of thoughts on LTC Lakin...
First, his challenge to the President's viability to hold office through disobeying orders is wrong. Officers have the responsibility to set the example for subordinates (good order and discipline). I am not saying he's not correct to question, rather that is methodology is unsound and counterproductive. Perhaps if we were not at war, his effort would be less objectionable. Perhaps. Regardless, the deed is done and we should all pray for his success.
Second, as I've mentioned before, the challenge of Mr. Obama's elegibility has little or nothing to do with his COLB. The obvious fault in his right to hold office is one of his father's nationality. Let not a soul doubt or be confused on the matter of citizenship in this country...the 14th Amendment (1868) did not and was never intended to confer such as is pretended by the President, the current law of jus soli is utterly a product of the terrible rendering of the court's United States v Wong Kim Ark (1898). Native born is not equal to natural born. Period.
Enclosed is the dissenting opinion for US v WKA;
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZD.html
Also enclosed is my post that has been frequently cited on your site. It was written after the election and prior to the inauguration;
http://thenaturalbornpresidency.blogspot.com/2009/01/first-post-natural-born-presidency-and.html
Thanks and God Bless.
1SG Noz
That judge should be recused from the case. She is obviously biased and covering up for the usurper. She is committing treason against the constitution and the nation. I can't believe they went back to that same useful idiot obot judge. She is a lousy judge. Where is the justice in this country? How the heck is he supposed to prove that his orders are unlawful?
LTC. Terry Lakin needs our help!!!!! We pay Judge Denise's Lind's salary and have the right to petition our government for redress. If you know the contact information for Col. Judge Denise Lind of the Army JAG office including her email address, phone number and mailing address please PLASTER it over the internet. ...We have just over a month for 10 million persons to email, phone, and mail Judge Lind to tell her she is wrong and that Lakin has the right to a FAIR trial. We are all being court martialed.
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", his challenge to the President's viability to hold office through disobeying orders is wrong. "
Ahh, the Nuremburg defense.
Here is Hawaii's official raised seal:
http://www.theobamafile.com/_images/HawaiiSealExample.jpg
Here is Obama's forged INVERTED seal from factcheck.org
<img src="http://www.theobamafile.com/_images/HawaiiSealObamaCOLB.jpg
• The outer ring in HDOH example is a single line. The outer ring on Obama's COLB is a double line.
• The inner ring in HDOH example is a single line, like the outer ring. The inner ring on Obama's COLB is a broad, woven line.
• The typeface is a significant identifying feature of the seal. Obama’s is wide and bold, the HDOH seal lettering is condensed and a much lighter weight.
• Present is a font type treatment anomaly seen in the word "OF" -- see how small it is on Obama's COLB, as compared to the HDOH example?
• The two stars, described in those administration rules, are missing. Any alleged HDOH seal missing these two stars is NOT an official seal according to administrative rule §11-1-2.
Due to these indisputable facts, the seal on Obama’s COLB is not the HDOH seal and Dr. Fukino does not have authority over the seal appearing on Obama’s COLB according to the description in the Title 11 rules AND the version disclosed in my records request. The seal seen on Obama’s COLB HAS NO LEGAL WEIGHT either online or as a physical copy.
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