Unacceptable Consequences – The Courts Martial of LTC Terrence Lakin

White Paper #2 – a Follow-up to Courts Martial Defense of LTC Terrence Lakin

Issued September 10, 2010

The day after UCMJ presiding authority Col. Denise R. Lind issued a ruling in the LTC Lakin case, in which she attempts to eliminate any and all access to relative evidence in the defense of LTC Lakin’s actions; USPU (United States Patriots Union) issued a White Paper on the matter.

Beyond our deep concern for Lt. Col. Lakin and his family, USPU is deeply concerned about the unacceptable consequences that hang in the balance of the Lakin case. No matter the outcome of this case, we see trouble ahead.

We believe that there are only two potential outcomes of this courts-martial, and that both outcomes bring certain challenges. Our first priority must be to unite in defense of LTC Lakin in an effort to arrive at the best possible outcome for both Lakin and the nation.

  1. LTC Lakin is found GUILTY of wrongfully refusing orders. With this outcome we get the following precedents.

    1. Anyone, without so much as a birth certificate, can hold the office of President and Commander-in-Chief of the U.S. Military.

    2. ALL soldiers must blindly follow orders whether or not those orders are legal.

    3. Not even a high ranking officer has the right to challenge the lawfulness of the orders.
  1. LTC Lakin is found NOT GUILTY of wrongfully refusing orders, as Barack Obama’s illegitimacy is confirmed, in which case the following precedents have been established.

    1. Every soldier must make the same decision Lakin made, to follow or not to follow an illegal command.

    2. The military chain of command is broken at the top of the chain.

    3. Obama must be removed from office and there is no one in the normal line of succession to the Oval Office who can replace him, as they were all complicit in the greatest fraud ever perpetrated on the American people.

Whether LTC Lakin is found guilty or not guilty in his courts-martial, our nation is in a full scale national security crisis. This cannot be avoided by simply brushing the Lakin situation under the carpet as if the legitimacy of this administration has not been properly and repeatedly challenged.

The Proper Defense

Eligibility for the office of President and Commander-in-Chief is very clear in the U.S. Constitution.
"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; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the United States." - Article II – Section I – Clause V

These constitutional requirements are not negotiable, nor are they without history, reasoning or vital purpose.

As we discussed in the original White Paper, the central point in the issue over Lakin’s refusal to follow orders is the requirement of "natural born citizen." Note that "native born" citizenship is not the requirement for President. Native born is a statement of birth place, which could be established by an authentic birth certificate for Barack Obama. No such document has been presented by Mr. Obama, despite two years of demands to produce that document.

The requirement is "natural born" – as-in "nature's law," the law of nature, superseding any and all man-made laws or statutes. The term "natural born" was specifically chosen for this very reason, that no man-made law could affect the status of "natural-born."

The subject is written about extensively in Vattel's book The Law of Nations, in which Vattel settles on the definition of natural-born, as follows;

From Vattel's Book I, Chapter 19, section 212, - “Of the citizens and naturals” –
"The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country."

This established that the issue of Obama’s ineligibility is not based upon his birth place, but rather his birth father, who was at no time a legal citizen of the United States. The matter cannot be resolved by a birth certificate, no matter where Mr. Obama may have been born.

Further, in Article I – Section VIII – Clause X of the US Constitution, we are reminded that the Law of Nations is the final authority on the matter.
"The Congress shall have power to - define and punish piracies and felonies committed on the high seas, and offenses against the Law of Nations;"

In final analysis, Barack Hussein Obama’s very presence in the Oval Office is not only a violation of Article II – Section I requirements for the office, it is in fact a violation and offense against the Law of Nations, which members of Congress have the enumerated power and obligation to correct.

It is on this basis alone that LTC Lakin is correct in refusing to follow unlawful orders from an unlawful command.

The Soldier’s Right and Responsibility to Refuse Unlawful Orders

The Uniform Code of Military Justice (UCMJ) is built upon the foundation of the War Articles, or Articles of War, written about by Col. William Winthrop.
Source note: Military Law and Precedents: A Martial Law Classic

"Written by William Winthrop (1831 – 1899), Colonel, United States Army, this second edition (1895) is the revision and enlargement of the work. This comprehensive treatise details early military law [and martial law], written and unwritten, and explains the intricacies of the courts martial process. It remains the most important historical reference source for military justice practitioners. It is still frequently cited by military appellate courts. It has been called ‘a masterpiece of painstaking scholarship, brilliant erudition, and lucid prose." - Colonel Winthrop formally held the position of Judge Advocate General, U.S. Army
Via the Articles of War, Winthrop establishes three key points related to the Lakin courts-martial on page 49 of Volume I –
  1. The UCMJ is entirely separate from and independent of the 3rd Branch, the Judicial System. "Not belonging to the judicial branch of government, it follows that courts-martial must belong to the executive department; and they are in fact simply instrumentalities of the executive power, provided by congress for the President as Commander-in-Chief."- p. 49

  2. "...All military authority and discipline are derived from one source—the Sovereign, so in our army every superior, in giving a lawful command, acts for and represents the President as the Commander-in-chief and Executive power of the Nation, and the source from which [the senior officers’] appointment and authority proceed. Hence the dignity and significance of a formal military order and hence the gravity of the obligation which it imposes upon the inferior to whom it is addressed." - Winthrop – p. 572

  3. "Military officers are bound to obey all legal orders of their commander, but not his illegal orders." – Winthrop - p. 571 - - "An illegal order emanating from the president can confer no authority. A command not lawful may be disobeyed, no matter from what source it proceeds." Winthrop - p. 575

Winthrop confirms that LTC Lakin is correct to refuse orders, if he believes those orders to be unlawful.

The requirement of natural born citizen for the office of Commander-in-Chief, supported by Vattel’s known and regarded definition of the term, and Article I – Section VIII of the US Constitution, means that so long as Barack Hussein Obama sits in the Oval Office, there can be no legitimate Military Command.

Further, the authority under which LTC Lakin’s courts-martial is convened has also been compromised.

Convening Authority

What authority does the UCMJ have to convene a courts-martial under the unlawful command of Barack Hussein Obama, from which the UCMJ receives all of its authority?

The US Military exists and functions under the command and authority of the President of the United States. All authority passed throughout the ranks, emanates from the Commander-in-Chief, including the authority to convene courts-martial. If command itself is unlawful, then every order issued by said command is also unlawful.

Because the UCMJ is an extension of the executive office for the purpose of military justice, the UCMJ is limited to the legitimate authority of command, the President. Under unlawful command, lawful authority cannot be passed throughout the ranks.

A Right to Defense

Although the UCMJ and Judicial Branch are completely separate and independent of each other, a soldier does not wave his/her constitutional rights upon taking the military oath.

Specifically, Amendments V and VI of the Bill of Rights guarantee every U.S. citizen the following;
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

LTC Lakin has the right to a trial, by an impartial jury of his peers, as well as a right to discover and present mitigating evidence that could clear him of charges. Nothing in the UCMJ removes these rights from LTC Lakin. Lakin has served honorably with distinction for nearly twenty years to protect these constitutional rights and he did not forfeit these unalienable rights when he elected to serve in the US Military, nor has any other soldier.

Col. Denise R. Lind’s effort to deny LTC Lakin his constitutional right to a complete defense, are undertaken with the authority of a chain of command which is at best in question, at worst, unlawful.

A Proper Defense Team

The current Lakin defense strategy is limited to an ongoing search for a missing birth certificate that is of no real consequence, and they have been denied discovery access to any Obama records, as well as anyone who has had access to those records.

It is our opinion that the existing legal team representing LTC Lakin should be re-energized and reinforced immediately by a more experienced military legal team. We hope to offer the Lakin defense team additional legal talent that we believe will lead to a positive outcome for LTC Lakin, his family and our national security interests.

We are very concerned that continuing with the current defense strategy, the search for a birth certificate, will likely end in the wrongful conviction of LTC Lakin, establishing a horrific and unnecessary precedent in the Courts-Martial system of the US Military, as described above. We feel obligated to do all that we can to avoid this outcome.

In an effort to support and assist the Lakin Team, The Veterans Council of the United States Patriots Union has worked to make available the best possible legal defense team capable of and willing to assist with the Lakin courts-martial defense.

On this basis, the Veterans Council of the United States Patriots Union has worked to make available the best possible legal defense team to assist in forward responsibility for the Lakin courts-martial, if LTC Lakin so desires. We hereby call upon the Lakin defense team to alter the defense strategy and welcome qualified legal assistance on behalf of LTC Lakin and the people of the United States of America.

Patriots who wish to engage and support this vital initiative must join The United States Patriots Union. Veterans who wish to directly engage with and participate in The Veterans Council should apply to that division, once a member of USPU.

The Veterans Council of the United States Patriots Union stands ready and willing to work with the Lakin defense Team.

Researched and Prepared By:

J.B. Williams and Timothy Harrington
The United States Patriots Union, LLC
Sheridan, Wyoming

Researched and Reviewed By
The United States Bar Association