Hearing Update Dec 16
It is a tragedy for LTC Terry Lakin to spend even one day in jail. However, this relatively lenient sentence is a victory for the defense, since the prosecution asked the sentencing panel for Terry to serve two years in jail as his punishment.
LTC Lakin invited his court martial by defying military orders in order to try to get an answer through his chains of command to a simple question- is the Commander-in-Chief Constitutionally eligible to serve as a "natural born" citizen?
It is nothing short of astounding that this trial was not averted months ago by Barack Obama stepping forward to provide that necessary and proper assurance to soldiers like LTC Lakin and to the American people- that he conforms to the Constitution's Article II, Section 1. It is a critical question that demands an answer. Instead, Barack Obama has continued to conceal all records which would disclose his citizenship status.
LTC Lakin made an heroic effort at great risk to his stellar military/professional career- to learn the truth and to uphold his officer's oath to support and defend the U.S. Constitution. In the end, the Army denied him due process, the traditional right of American citizens to evidence they need to defend themselves against criminal charges-- and disallowed any expert witnesses related to the eligibility crisis. LTC Lakin essentially was denied the opportunity to mount a defense of his actions.
LTC Lakin was accused of many false things by the Army during the course of the trial. The lead prosecutor (CAPT Phil O'Beirne) told the sentencing panel that your job is not to help SafeGuardOurConstitution find Obama's birth certificate- and earlier he suggested that soldiers not let tthe Constitution cloud what they do-- he quoted MacArthur's famous quotation, duty, honor, country, but said the military's job was only to fight wars. The military, however, most fundamentally protects the American Government and the rule of law.
Because there was no discussion permitted at trial of the real issues that motivated LTC Lakin to take this drastic step that he did- there was no opportunity to question the Army about the break in the chain of command that severed LTC Lakin, ordered to deploy to Afghanistan, from the CINC who ordered the surge to the same country. Captain O'Beirne tried to explain that unlawful orders are things like shooting prisoners which is consistent with COL Lind's comment earlier that only "palpably legal" orders should be disobeyed. But should a decorated officer like LTC Lakin go to jail because no one in the Army- and no one in the White House- can produce a "palpably legal" document that proves that the Commander-in-Chief can lawfully command the U.S. Armed Forces?
Some supporters are discouraged that LTC Lakin appeared remorseful in court. We applaud the commitment LTC Lakin demonstrated to this important cause and know the heartache and hardship this conviction brings to his family and friends- but we salute him for raising this issue so publicly and courageously. We also praise his legal defense for its efforts and demonstrated skill in winning a much shorter conviction than what the prosecution sought.
Nevertheless, this sentence is an abomination-- we strongly urge LTC Lakin's supporters to call their Congressmen and Senators- and demand that LTC Lakin be pardoned. LTC Lakin's commander- Major General Karl Horst-- can also suspend his sentence.
// SOC Staff