Army “Birther” Colonel Appears On CNN
Army LTC Terry Lakin is in some hot water for disobeying orders to deploy to the middle east. His reason for doing so is the "birther" (non)issue. Some people believe that President Obama may not have been born in the United States, a requirement for President. If this is true then all of his executive orders and any laws he signed are null and void. So, if the President is not eligible for office then his orders to deploy are invalid. LTC Lakin is taking a very big risk. He is putting his career, pension, and quite possibly, freedom on the line.
My comment:
Of course there are the several commenters there that denounce his behavior. Read the rest.If this guy really believes in what he’s saying, then he’s doing the right thing. It takes courage to do that and in line with Army Values, so he is doing service to the uniform.
I recall this oath: “…I will support and defend the Constitution of the United States…” Obeying orders comes AFTER that, so IF he is right, then he shouldn’t be punished, but of course, the stakes are painfully high if he’s wrong.
I’m not a “birther”, but there are enough lingering questions to cast some doubt. And IF the President is committed to transparency (thus far he hasn’t been, unsurprisingly) then this is an easy fix.
Update: I just got lawyered!
Holy Crap! Here is what a commenter posted:
Sorry, that's not the way the law works. Try looking up the "de facto officer doctrine."So I did. I read this web site with multiple citations...boy oh boy. I'm not a lawyer, but it does present impressive arguments that have been tested multiple times. I am/was wrong. All actions that President Obama has done, even if he is found ineligible, are de facto in force! It seems illogical, but there have been numerous examples where say an officer assumes command even if he wasn't appointed and executes commands without interference. I must acquiesce. LTC Lakin is going down. This was eye-opening!
...
LTC Lakin is toast.
Lawyered!
Sorry, that's not the way the law works. Try looking up the "de facto officer doctrine."
ReplyDeleteI mean, really, is that the kind of military we want -- where every single person wearing a uniform can pick and choose which orders to obey based on their own theories about who's qualified to serve? And then we let them wander around for however many months or years it takes to have their cases resolved, while we try to conduct our military missions without them?
That's exactly why we have a "de facto officer doctrine." Look it up. LTC Lakin is toast.
Wow...OK, I've updated this post.
ReplyDeleteThanks for the correction.
ReplyDeleteIt kinda makes you wonder how LTC Lakin got himself into this mess. The "de facto officer doctrine" is well understood in the military; any decent and honest lawyer should have told him what was going to happen.
Because, since Obama's lack of eligibility would not excuse Lakin's failure to obey, that means that evidence about Obama is irrelevant to the one question to be addressed at the court-martial, the question of Lakin's guilt or innocence of the crimes of which he stands accused.
Lakin will have his day in court, but he will not be permitted to raise the issue over which he is sacrificing his career and possibly his freedom.
Who is responsible for encouraging this man to pay such a high price -- for nothing?
Good to see you are intellectually honest. LCOL Lakin wanted to be martyred and the birthers couldn't contain their glee. They don't care what happens to him, they just want to advance their cause. That's the kind of people in charge of the birther movement. Sad isn't it?
ReplyDelete