Update! Officer challenging Obama's eligibility can't see evidence, page 1

A career officer in the U.S. Army acting as a judge in the prosecution of Lt. Col. Terrence Lakin today ruled that the military is no place for Barak Obama's presidential eligibility to be evaluated.

Army Col. Denise R. Lind today ruled in a hearing regarding the evidence to be allowed in the scheduled October court-martial of Lakin that he will be denied access to any of Obama's records as well as any testimony from those who may have access to the records.

With her decision, Lind mirrored a number of federal judges who have ruled on civil lawsuits over Obama's eligibility. They have without exception denied the plaintiffs' access to any requested documentation regarding the president's eligibility.

Lind ruled that it was "not relevant" for the military to be considering such claims, that the laws allegedly violated by Lakin were legitimate on their face and that the chain of command led up to the Pentagon, and that should have been sufficient for Lakin.

I know some of you will certainly cheer this decision but Lakin is entitled to defend himself.

Jensen had argued that under U.S.C. Rule 46, a defendant put on court martial has the right to call any and all witnesses and obtain any evidence in his or her defense.

Lind, who took 40 minutes to read her decision to the court, disagreed.

This comment made by the judge just has me scratching my head. She doesn't want to be the one to go there obviously.

She said opening up such evidence could be an "embarrassment" to the president, and it's up to Congress to call for impeachment of a sitting president.

Sure it could! It could also be an embarrassment to our nation. But shouldn't this man be allowed to take necessary measures to build his defense?

Granted, Lakin brought this on himself but some argue he that he is simply acting as proper training dictates.

Not one single judge has allowed any cases of this nature to go to the discovery phase. I'm sure that there is a reason. Who's the daddy?? and what was Obama's mother up to?? Who knows? I think we call all rule out a Kenyan birth though.

Here's the rest of the scoop www.wnd.com...

[edit on 2-9-2010 by jibeho]

reply to post by dereks

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nope! I was referring to the pice of # that refuses to prove where he was born! I can’t even acknowledge he holds that title, he makes me so sick!

actually it is a travesty of justice...

he can call anyone wants by the LAW....

the judge took it upon here self to judge before hearing the evidence the outcome that MAY result from the evidence requested. Not from the evidence itself.

It is a major violation of what justice stands for. The evidence has not been presented. So no conclusions can be legally or even morally ascertained pretrial. The evidence was not heard, due to ASSUMED political outcomes.

What congress may or may not due in response to the evidence HAS NO BEARING ON THE CASE. The case is about an Officers grounds for not following an order and if they have merit.

For the doubters its the merit part not the political part that is the concern of the court.



Its a win for injustice and tyranny.. I hope someone tells him he can appeal to the supreme court of the United states from his court martial. They are the only court that can OVERTURN this. This is what is called grounds to remand back to the lower court (the court martial court)

reply to post by babybunnies

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All it would take is to see the REAL birth certificate, passport records and one colleges financial records.

It would not take Obama being there.

Yes, we already know that Obama is untouchable. He could be the lizard man from Axtar 7, and no one would have standing.

The government, the military and no one in Law enforcement will do anything about the destruction of the US and the coming global governance. They are part of the elite, so they want more power. That is what they do.

You do not question them.

For the military court to say that the evidence cannot be acquired, the case against the officer will have to be dropped. The jury of his fellow officers will not convict, and they will have to either A, let him retire with full honors, or B convict without allowing evidence to be presented. Which leads to the destruction of another court system in the US.

Let us see, no one has standing to question the government. No one has standing or is allowed the evidence in the military.

Do you still think there is relief to grievance in our government?

Oh well, you will get to choose between choice A or B in a little while, that should change everything. /s

I no longer consent to be governed by these so called representatives.

Later.

reply to post by jibeho

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The judge in this instance needs to be impeached and disbarred.

Lakin should file suit against the judge demanding her dismissal.

The thing about military courts martial though, the prosecution is going to have a hell of a time convincing the jury.

The jury is all military officers, and if even one of them has any inkling of doubt about Obama's eligibility, he will deadlock the trial (as he should).

The officer is guaranteed that highly educated, intelligent, constitutionally minded individuals will be on his jury.

I think he's going to walk.

Even without entering into evidence any necessary documentation regarding Obama's birth, and even in a military trial, the principle of mens rea still applies.

As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.

Right or wrong, Lt. Col. Larkin is clearly acting upon the dictates of his own conscience, and it seems to be his argument that he is acting upon the oath he took to uphold and defend the Constitution. It is incumbent upon the prosecution to prove mens rea, that is to say, they must prove that Lt. Col. Larkin acted knowing that he was committing a crime.

In 1474 Peter von Hagenbach, a Bourguignon knight, was put on trial for atrocities and war crimes, and was found guilty, becoming the first instance of an international acceptance that military commanders act lawfully. Of course, mens rea is normally spoken of in terms of military commanders who allowed atrocities to happen by their rank and file even when knowing it was unlawful, but the inverse of that thought is that when a commander acts lawfully, or believes they are acting lawfully, then there is no criminal intent.

Under this principle, it seems it would be difficult to find Lt. Col. Larkin guilty of any crime. If the belief is that all commanders act lawfully, and part of that lawfulness is that the Commander and Chief be a natural born citizen of the United States, and Larkin believes the Commander in Chief is not a lawful officer of the Executive Branch, and given no evidence can be admitted into trial regarding the veracity of this belief, then it seems it will come down to mens rea, or the mindset of Lt. Col. Larkin.

ETA: Conversely, if Larkin believes he is commissioned in the military under an unlawful Commander in Chief, the honorable thing to do may very well be to resign his commission and leave the military, rather than stay and defy orders. If the belief is that the Commander in Chief is not the lawful Executive mandated by Constitution, the arguably all orders made, and even the military trial itself is suspect, and Larkin is in the untenable position of either staying and accepting the situation as is, or leaving and truly acting under the dictates of his own conscience.

[edit on 3-9-2010 by Jean Paul Zodeaux]

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