Monday, April 26, 2010

Why Lt. Col. Lakin is not mistaken

Socrates famously said that an unexamined life is not worth living. However that may be, there's new proof everyday that a critically unexamined so-called news report is not worth reading.

A case in point: A slyly derogatory article at foxnews.com purporting to discuss the prospects of Lt. Col. Terry Lakin's effort to obtain, by means of a military trial, evidence that bears on the question of Barack Obama's eligibility for the office of President of the United States.

The article sports a headline that applies to Lt. Col Lakin the inaccurate epithet "birther" invented by Obama faction propagandists to distract from the profound question of Constitutional authority that is really at stake. It goes on to suggest that Lt. Col. Lakin made some kind of legal procedural error ("has chosen the wrong venue") by declining to obey doubtfully lawful orders issued in the name of the President of the United States. To substantiate this assertion the story quotes from "Phillip D. Cave, a Washington attorney and director of the National Institute of Military justice." "Cave said the validity of Lakin's orders, under military law, does not depend on the president but on the chain of command. He will be convicted and is in jeopardy of dismissal."

Cave speaks as if it is acceptable, under the Constitution of the United States, to distinguish the authority of the "chain of command" from that of the President of the United States. If this distinction is accurate, then there must be a Constitutional source other than the President for the authority flowing through the alternative military chain of command. But the U.S. military is an instrument of the U.S. government's executive power. The Constitution vests the whole of that power in the President of the United States. To avoid all possibility of misunderstanding, it explicitly states that the President is the Commander in Chief of the all the Armed Forces of the United States. To be Constitutional, therefore, any and all authority flowing through the chain of command must originate in the President, and any and all orders issued to officers in that chain of Command must ultimately depend upon and exercise the President's Constitutional power.

The words which commission all U.S. military officers reflect this fact.

The President of the United States of America

To all who shall see these presents, greeting:

Know Ye, that reposing special trust and confidence in the patriotism, valor, fidelity and abilities of .................., I do appoint ["him" or "her"] a ["Second Lieutenant" or "Ensign'] in the [name of service] to rank as such from the .... day of ........ ...... This Officer will therefore carefully and diligently discharge the duties of the office to which appointed by doing and performing all manner of things thereunto belonging.

And I do strictly charge and require those Officers and other personnel of lesser rank to render such obedience as is due an officer of this grade and position. And this Officer is to observe and follow such orders and directives, from time to time, as may be given by me, or the future President of the United States of America, or other Superior Officers acting in accordance with the laws of the United States of America.

This commission is to continue in force during the pleasure of the President of the United States of America for the time being, under the provisions of those Public Laws relating to Officers of the Armed Forces of the United States of America and the component thereof in which this appointment is made.

Done at the City of Washington, this .... day of ........ in the year of our Lord ................ and of the Independence of the United States of America the ..........

By the President:

Whatever his claims to expertise in military law, when Mr. Cave relies on the concept of a military chain of command independent of the President he is entirely at odds with the provisions of the Constitution. In particular, he contradicts the Constitution's subordination of all military authority to civilian control, embodied in and exercised through the President. Any military tribunal that adopted Mr. Cave's view of the chain of command would assert the existence within the military of a source of authority not subordinate to the President, and not part of the executive power of the U.S. government, which the Constitution vests exclusively in the person of the President. Such an assertion would be, on its face, unlawful, unconstitutional and extremely dangerous to the stability of the United States government.

Unlike the military in most other parts of the world, the U.S. military has a uniform and honorable tradition of unquestionable submission to the authority of the U.S. Constitution and its provision for the civilian control of the military. Military officers swear an oath to uphold the Constitution, and pursuant to that oath they "observe and follow such orders and directives, from time to time, as may be given by me, or the future President of the United States of America, or other Superior Officers acting in accordance with the laws of the United States of America."

Herein lies the nub of Lt. Col Lakin's dilemma, and that of every other commissioned officer now serving in the U.S. military. If a Superior Officer issues a command relying on the authority of an individual claiming to be President of the United States, but not in fact Constitutionally eligible for the office, is obedience to that questionably lawful order consistent with the sworn duty to uphold the Constitution, and the laws of the United States made pursuant thereto?

There is no question that doubt exists as to the Constitutional eligibility of Barack Obama for the Office of President. Had there been any authoritative pronouncement on the subject from an impartial and constitutionally empowered element of the U.S. government (the Supreme Court or the Congress) the officers of the military would be obliged to defer to that authoritative and constitutionally authorized judgment. But the Congress has refused to address the subject, and the Supreme Court of the United States has evaded the issue. Their dereliction leaves the doubt constitutionally unresolved, so that every military officer, and indeed every citizen of the United States, can have no certainty as to the Constitutionality of any action performed by Barack Obama when he claims to wield the executive power of the U.S. government. Indeed, if Obama is not constitutionally qualified to be President, the Constitution plainly states that the executive power passes to the Vice-President.

The framers of the U.S. Constitution established a unitary executive precisely in order to avoid the potentially self-destructive spectacle of the U.S. government as a double-headed monstrosity whose doubtful assertions of authority on one side or the other could force elements of the Armed Forces of the United States to base their discipline and obedience on personal loyalties and dependencies, rather than on their duty to the people of the United States, whose more permanent will the U.S. Constitution embodies.

Unless the people of the United States are willing to allow their self-government to be usurped by a regime dependent on the choice of military Praetorian guards (like that of the ancient Roman Empire), the present situation is intolerable. The Fox online news article leaves hanging the defamatory suggestion that Lt. Col. Lakin's action is personal "grandstanding." This is a callous and deeply disrespectful lie. With the frank and single minded integrity a free people should expect from its military officers he simply seeks a constitutionally authoritative resolution of an issue that leaves doubt where doubt may be fatal to the integrity of his oath bound conscience, as well as the democratic, civilian form of republican government established by the U.S. Constitution.

Lt. Col. Lakin is not the one who has mistaken his actions. Indeed, he shows the intelligence, courage and common sense thus far sorely lacking among the civilian authorities for whose Constitutional position he shows greater respect than they themselves have so far demonstrated. I have no doubt that he hopes, as we should all pray, that his case will advance until it puts before these so far shamefully derelict authorities a conscientiously inescapable opportunity to stop evading their duty, and to heed, as Lt. Col. Lakin has, the clearly stated requirements of the Constitution they are sworn to uphold.

10 comments:

Dixhistory said...

Alan,

I do get it when you write on these matters.

God bless Lt. Col Lakin's efforts to do the right thing.

I have been busy here of late posting on blogs this little line.

If you work in the media and aren't reporting on the facts of this issue as given on my web page, you all are cowards.

http://homepages.rootsweb.ancestry.com/~texdick/obama.htm

BTW... can you advise as to which link I should use to point to your web pages or does it matter?

Dawg_em said...

At least a couple of points need to be addressed here.
One. Fox is owned by a corportist and globalist. Murdoch is no different than other owners of the MSM whether print or broadcast. He's done a great job of conning people into believing his puppets simply "report; you decide." This 'conspiracy' is not a theory. If people would take their blinders off they wouldn't need insider information to draw the correct conclusions. It requires discernment; an ability to look at the big picture and deduce the truth.
Two. Some folks ask; if martial law is ever declared will US servicemembers fire on American citizens? A frightening thought. It seems to me there should be many more personnel refusing orders to deploy. This is not only a result of our educational system re: the constitution, but the failure of our churches. I simply cannot believe very few people are aware of the refusal of the present occupant of the White House to show he is eligible to serve. The inaction by so many indicates they are filled with fear. I know, seemingly oxymoronic when considered in light of our several wars presently being waged and the willingness of this voluntary force to serve.
This brings me to my last point. And that is, we are witnessing the determination of a remnant of God-fearing constitutionalists standing in the public square boldly challenging not only the 3 branches of government but the 4th Estate as well. A daunting task to say the least. It warms my heart to see TRUE PATRIOTS search for the truth. God bless you all for helping to keep hope alive.

JAMES said...

MR. KEYES,
HOW MUCH MORE FORTUNATE ALL AMERICAN CITIZENS WOULD BE HAD YOU DEFEATED "BARRY" OBAMA IN THAT FATEFUL IL. SENATE RACE, ONLY GOD COULD MEASURE.
I HAVE HEARD YOUR WORDS,WRITTEN AND SPOKEN, FOR MANY YEARS AND RESPECT AND COMMEND YOU FOR ARTICULATING THAT WHICH SO MANY AGREE YET FEAR SPEAKING PUBLICLY IN THE LAND OF THE FREE.
RECENTLY I REALIZED ABORTION IS "HUMAN SACRIFICE" SWATHED IN THE LOVING ARMS OF HOMOSEXUAL "LOVE". BARBARIC AND UNCIVILIZED YET LAW. HOW WRONG FOR HOW LONG CAN IT GET WITHOUT GOOD DECENT CARING PEOPLE SAY ENOUGH AND NO MORE?
UNFORTUNATELY DAWG, MY INSTICNT IS THAT FEDERAL, STATE AND LOCAL POLICE WITH THE STATE NATIONAL GUARD WILL FIRE ON GENUINE U.S. CITIZENS WHEN EVERYTHING GOES SOUTH FOR THE SIMPLE REASON THAT THE HUNT ENDS WITH A KILL. NORMAL AND NATURAL HUMAN REACTION TO EXTREME SITUATIONS. ONCE THOSE SHOTS ARE FIRED THERE IS NO GOING BACK AND THE SECOND AMERICAN REVOLUTION WILL BEGIN NATIONWIDE. NOT RACE, NOT RELIGION, BUT THE LOVE OF LIFE AND LIBERTY WILL COMPEL CITIZENS FORWARD AGAINST ALL ODDS TO VICTORY. FEAR NOT BECAUSE THE TRUTH WILL PROTECT YOU.
LIVE FREE OR DIE,
JAMES KELLER M.S.
ISLIP NY

Gail B said...

I believe someone should introduce a Resolution requiring Barack Hussein Obama to produce proof of eligibility to serve as POTUS or else step down from the position he appears to be usurping.

When you think about it, NO ONE should object to having the man at the Resolute Desk provide documentation that he has the right to sit there!

Dawg_em said...

James,
I'm hopeful most members of the military will realize when they follow orders to engage the citizenry other troops are deployed in their hometowns and hopefully will refuse unlawful orders. I suspect mercenaries, such as was the case in New Orleans after Katrina, or foreign troops in blue helmets, will be used. They are less likely to hesitate. Regardless, we need our troops home. Now! This is where the ultimate war is being fought. "Bringing democracy" to cave-dwellers is not what our service men and women are for. We aren't suppposed to be an Empire. Chasing after Obama Sin Laden is a distraction and a drain on our resources.
Besides, someone has said a democracy is when 2 wolves and a sheep vote on what's for dinner. Our representative republic is being torn asunder and we're out chasing a phantom menace.

thejaghunter said...

JAG HUNTER here:

Lieutenant Colonel Lakin's defense:

http://thejaghunter.wordpress.com/2010/04/14/memo-to-lieutenant-colonel-lakin-from-a-navy-doctors-son-courts-martial-are-creatures-of-orders/

Phil Cave is a command racketeer not to be trusted.

Here endth the lesson,
/s/
Walter Francis Fitzpatrick, III
United States Navy Retired - Surface Warfare - Naval Parachutist
United States Naval Academy Class of 1975
The JAG HUNTER: http://thejaghunter.wordpress.com

thejaghunter said...

JAG HUNTER here:

Lieutenant Colonel Lakin's defense:

http://thejaghunter.wordpress.com/2010/04/14/memo-to-lieutenant-colonel-lakin-from-a-navy-doctors-son-courts-martial-are-creatures-of-orders/

Phil Cave is a command racketeer not to be trusted.

Here endth the lesson,
/s/
Walter Francis Fitzpatrick, III
United States Navy Retired - Surface Warfare - Naval Parachutist
United States Naval Academy Class of 1975
The JAG HUNTER: http://thejaghunter.wordpress.com

dr wills said...

Mr. Keyes' masterful treatment of what has lately become a key point in this pivotal case and its prosecution, that is, the question involving the military chain of command, brings to light what every high school student in America ought to know (but probably doesn't) regarding the identity and function of the President as being the Commander in Chief of all the armed forces. Who really thinks that Lt. Col. Lakin and his counsel did not well consider the implications of the facts, before embarking upon such a potentially perilous course challenging the entrenched power in Washington? This brief article by Mr. Keyes, if it were widely disseminated, would powerfully serve to inform public opinion and strike fear in the minds of those who seek to manipulate the truth for their own purposes.

Chicago Ray said...

I wish you would have whipped Obama's tail back here in my district Mr Keyes. We were getting ready to work with Mr Ryan right up until he got sandbagged by the weak kneed Il GOP smarting still from Criminal King George Ryan who's of course doing time right now.

I'm sure most of Illinois sees the errors of their ways lets pray this time around and we get him and that liberal dem "stink" off our government.

John Freeman said...

A focused and accurate discussion of the usurpation issue entails an understanding, sensitivity, and permanent behavior change in line with the fact that the 20th Amendment (US Constitution) makes it unconscionable to permit someone to enter the role of the ‘President’ in the course of any discussion of eligibility or qualification (i.e., past noon, January 20, 2009). It is unconstitutional to address, treat, or label such an individual as if that person were 'President' past "the time fixed." The Constitution makes it clear that no one may even reach the threshold of the office with remaining questions of eligibility. The command is that the still “Vice-President Elect” shall be Acting President until a President shall qualify; in other words, the Vice-President Elect must have taken the President’s oath of office at noon on inauguration day and Joe Biden is Acting President. Unfortunately, Acting President Biden must be impeached for becoming an accomplice in the overthrow of the Federal government by not performing his duties, surrendering the Office of the President. It is the Constitution that creates and defines the Office of the President as well as who is ‘President’.

It would be logical to litigate the point that qualification had not occurred to prove that Obama had never become ‘President’ and it follows that it would be traitorous to address someone as 'President' if there remained a question of qualification. No judge should ever use this phrase: “Let’s see if the President is truly the ‘President’.” By definition and context, ‘qualification’ means that the proof of eligibility had been presented, received, verified, and accepted. It is not possible to logically make this statement for example: “I wonder if the President did not qualify.” This matter is too vital to speak of it vaguely, confusingly, or indecisively; the Office of the President is an institution upon which national security (your and my security) is directly dependent. Remember, Obama has neither ‘administration’ nor ‘policy’ as he is not ‘President’.

Obama validates the purpose of the cardinal rule of eligibility, the natural-born citizen requirement.

Can a citizen perform a thousand patriotic acts and yet take down the nation by one word? Yes. Address or treat Obama as if he were ‘President’ and you will so powerfully give aid to this enemy that a thousand arguments against his deeds will have neither root nor effect. When people ask why you don’t call Obama ‘President’, your correct answer – “because he did not qualify” – will set the stage for a fruitful discussion. May Joseph Farah, the staff at WorldNetDaily, and all citizens understand this critical fact. Until then, their revealing documentaries regarding Obama will have no root and will whither.

John G. Freeman
Commander-in-Chief’s Guard and Escort to the President
U. S. Army, Washington, D. C.
1980 – 1983 | Carter and Reagan

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