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Clemency for Lakin? Request is pending
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Bob Unruh - WND
Defense counsel confirms plans to petition general
The appointed military defense counsel for Terry Lakin, the Army doctor who challenged Barack Obama's eligibility to be president by refusing to deploy again to Afghanistan, has confirmed that a request for clemency for the decorated officer will be submitted to the "convening authority," Maj. Gen. Karl Horst.
In an e-mail to WND, Maj. Matthew Kemkes said he would request clemency from Horst.
"I have already received e-mails and phone calls from many members of the public who support clemency for LTC Lakin," he confirmed.
Lakin was convicted at court martial of failing to deploy as ordered by Obama and failing to meet with his commanding officer – because he was convinced the orders from Obama may, in fact, be illegal.
The outcome of the military court enraged some experts who also have fought for information detailing Obama's eligibility.
Retired Cmdr. Charles Kerchner, who took his own challenge to Obama's tenure in the Oval Office all the way to the U.S. Supreme Court, said the conviction signals the end of the "rule of law" in the United States.
Lakin was prevented by the military judge from seeking evidence that could support him, was told he could not talk about his dilemma, was told he could not bring in the witnesses he wanted and was told he could not introduce evidence that he wanted.
The military panel then convicted him.
Kerchner's legal case, handled by attorney Mario Apuzzo, alleged that Congress failed its constitutional duty to examine the legitimacy of a successful candidate during the Electoral College vetting process on Capitol Hill. The Supreme Court ultimately decided not to hear arguments, leaving standing a lower court's dismissal.
His comments came in an interview with Sharon Rondeau of The Post & Email.
At that same website, there was announced a letter to members of Congress asking them to investigate the situation involving Lakin. Directed to newly elected members of the U.S. House, the letter formally requested "intervention and investigation" of the "staged" court martial of Lakin.
"He defied military orders in order to try to force the Army and the White House to provide him assurance that his military orders, including his deployment orders for a second tour in Afghanistan, were issued by a lawful commander-in-chief," the letter said. "Army Judge, Col. Denise R. Lind, denied Lt. Col. Terrence Lakin, basic due process, i.e. discovery and witness testimony in order to formally defend himself. Judge Lind's revealing statement in doing so, hinged around, 'could be an embarrassment to the president.'
"Lt. Col. Lakin is being punished because he questioned the legitimacy of the commander in chief and his orders. The Armed Services Committee, the House Government Reform and Oversight Committee and the Congress as a whole are responsible for oversight over … Department of Defense. We the People of the United States … are requesting your action regarding this important matter, by a thorough investigation and inquiry of what is now widely being called a 'kangaroo' court-martial," the letter said.
Kemkes told WND he was "not aware" of any option for Congress to intervene directly in a court martial.
Kerchner had noted Lakin, before publicly challenging Obama's eligibility to serve as president under the Constitution's "natural born citizen" requirement – an issue that remains undocumented – had gone through every available channel seeking resolution.
"Terry had been questioning Obama's eligibility for over two years, and not only did he go to his elected representatives; he used a formal path available to soldiers, filling out a form or writing a letter, to request a congressional inquiry," Kerchner told The Post & Email.
"If a soldier is having some issue with the military chain of command or for any reason feels that he has been unjustly treated, there is the Article 138 where you can directly ask your senior chain of command about it. He also filed another form or letter to request a congressional inquiry; he requested more than once that an investigation be done about Obama's eligibility because as an officer, he had sworn an oath to the U.S. Constitution. He had great doubts that Obama was eligible, and he wanted them to investigate, and they didn't even answer him," Kerchner explained.
"The Congress did nothing. Terry, as a soldier, had a further right to one, and he didn't even get an answer. For example, if you allege that your commanding officer is mistreating you, Congress investigates those allegations. Terry asked for a congressional inquiry because no one in his chain of command was answering his questions, and they didn't answer him. He felt he was being unjustly treated and ignored by his chain of command in their not addressing or answering his questions about the eligibility of Obama to be the commander-in-chief and president," he said in the lengthy interview with Rondeau.
WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some of the challenges question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Several of the cases have involved emergency appeals to the U.S. Supreme Court in which justices have declined even to hear arguments. Among the other cases turned down without a hearing at the high court have been petitions by Philip Berg, Cort Wrotnowski, Leo Donofrio and Orly Taitz.
Complicating the situation is Obama's decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest the questions.
Obama wrote in his own book that he was born a dual citizen of the U.S. and Great Britain due to the fact his father was a subject of the British crown when Obama was born.
Lakin announced nearly a year ago that he would not deploy as per Obama's orders until his eligibility to issue such orders was verified. Lakin was stripped of his duties, then court-martialed and now is imprisoned in Ft. Leavenworth for six months.
Lakin supporters have established a fund to support Lakin's legal defense and provide for the needs of his wife and children while he is incarcerated.
Financial contributions should be sent to the Terry Lakin Action Fund, the only fund authorized by Lakin's family. Donate online at Terrylakinactionfund.com using any major credit card, or mail checks made payable to the Terry Lakin Action Fund, PO Box 1116, Bel Air, MD 21014.
Cards and letters, but no packages, can be sent to Lakin at the following address, and should not mention rank: Terrence Lakin #89996, 830 Sabalu Road, Fort Leavenworth, Kan. 66027.
No hospital has admitted Obama was born there, and while state officials in Hawaii say they have confirmed his birth documentation, they refuse to reveal what it states. The type of document posted online by Obama is available to those not born in the state.
Kerchner said it now would be up to Republicans in Congress to move forward on the issue. He warned that if that does not happen, other repercussions will follow.
"If they don't, the only thing left is John F. Kennedy's words and the Declaration of Independence: 'Those who make peaceful resolution (to paraphrase; he used the word 'revolution') impossible make violent resolution inevitable.' This is not going to stand with the people forever. It's going to boil over at some point, and what they thought they were preventing – violence in the inner cities if he were properly vetted and revealed he was not eligible – will result in and cause far, far, far worse by what they have done by corrupting every institution and system of our government to protect an ineligible man, a phony, the usurper-in-chief, Mr. Zero," he said.
The issue appears not to be going away. Consider:
- The question of Obama's eligibility was raised in the U.S. House chambers just this week by a protester who shouted "except Obama" when the representatives who were reading the Constitution reached the portion dealing with the qualifications for a president.
- More than a year ago, polls revealed that a bare half of the people in the United States even knew there was an issue over Obama's eligibility but recent polls have indicated up to 58 percent of Americans now have doubts over that issue.
- Fining attorneys, even jailing defendants, as happened to Lakin, hasn't caused the issue to disappear.
- A billboard campaign that simply asks "Where's the Birth Certificate" has appeared in many dozens of locations, and one billboard company that a year ago concluded it was more or less a settled issue now has asked to be allowed to participate in the campaign.
- Various officials have "verified" Obama's eligibility but have declined to document their statements.
- Extensive examinations of the available record suggest Obama likely is, in fact, ineligible.
- There remains a multitude of lawsuits still making their way toward Supreme Court review:
- In Congress, a pending proposal would require all candidates for the office of president to document their eligibility under the Constitution's requirement that they be a "natural born citizen."
- Similar plans are moving even more quickly at the state legislature level.
- And there even are predictions that Congress will take up the dispute.
Jan. 7, 2011
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