Army Officer Seeks Truth About Obama’s Eligibility to Serve in Oval Office, Invites Own Court-Martial

In a news release today, Army Lt. Col. Terrence Lakin said he is wiling to risk a court-martial if that’s what it takes to determine whether or not President Barack Obama is eligible to serve as president of the United States.  Not your average officer, Colonel Lakin is the lead flight surgeon charged with caring for Army Chief of Staff General George W. Casey’s pilots and air crew.

The video above provides an overview of his argument.

“I am today compelled to make the distasteful choice to invite my own court martial, in pursuit of the truth about the president’s eligibility under the constitution to hold office”, said Colonel Lakin.

The news release cited (1) Article II, Sec. 1 of the U. S. Constitution which explicitly provides that only “natural born” citizens can serve as president and commander-in-chief and (2)  Mr. Obama’s continued refusal to release his original 1961 birth certificate as reasons behind Colonel Lakin reaching the conclusion that his orders are unlawful, and thus MUST be disobeyed.

Today, according to the news release, Colonel Lakin said he had informed his superiors that he cannot understand how his oath of office to “preserve, protect and defend the Constitution” does not permit him, as a military officer, to pursue proof of eligibility from his commander-in-chief.  In addition, he noted that his efforts have been rebuffed with legal evasions. Given the Obama Administration’s “transparency” initiative, the colonel believes many U.S. citizens are also demanding release of the original birth certificate.

Colonel Lakin’s numerous awards and decorations include the Army Flight Surgeon’s Badge, Combat Medical Badge, the Bronze Service Medal, the Meritorious Service Medal, the Army Commendation Medal with three Oak Leaf Clusters, the Army Achievement Medal with two Oak Leaf Clusters, the National Defense Service Medal with Bronze Service Star, the Armed Forced Expedition Medal, the Army Reserve Component Achievement Medal, the Army Service Ribbon, the Overseas Service Ribbon and the NATO service medal.

The American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, has set up a legal defense fund and will provide Colonel Lakin with a top-flight defense team about which details are available on the foundation’s

Hat’s off to this guy for having the spine to take on this effort.

UPDATE 12/17/10 at 6:41 a.m. Central: Colonel Lakin was sentenced yesterday to six months in prison and a discharge from the Army. For details, click here.

UPDATE 2/17/11 at 5:39 p.m. Central: World Net Daily is reporting that the U.S. Supreme Court is set to hold a second conference on the matter of Barack Obama’s eligibility to serve as president March 4.

43 thoughts on “Army Officer Seeks Truth About Obama’s Eligibility to Serve in Oval Office, Invites Own Court-Martial

  1. The Colonel will be court-martialled, and rightfully so. The President released a Certification of Live Birth, documented all over the internet, which is a prima facie document of his birth. The President is a natural born citizen.

  2. That was a fraudulent document, Frank. A two-year-old could have seen that. You don’t have a clue what a prima facie document is.

  3. I may not have a clue what a prima facie document is … but I for damn sure recognize a prima facie dumbass when I see one. LTC Lakin, soon to be Mr Lakin, for damn sure qualifies.

  4. Hats off to him, but no one has succeeded in any efforts so far to get to the truth. I will be shocked if anything comes of this. More power to him. Great American.

  5. A COLB or Certificate of Live Birth proves nothing. This COLB was an obvious fake and had no details like a full birth certifcate. FAIL.

  6. Freddie,

    Colonel Lakin has pdf’s at his website to download. One is his “Birth Certificate” as was requested by the military. If you download it, you’ll see it’s a COLB. LOL!

  7. Hey Frank – by your logic Sun Yat-Sen is an American citizen eligible to be POTUS.

    After all, the father of modern day communist China has a Hawaiian birth certificate as well.

    Glenn, Col. Lankin’s birth document is a CERTIFICATE of Live Birth. This is what those who question his birthplace want to see.

    A CERTIFICATION of Live Birth is what is being referred to as a COLB – and is what has been ‘released’ by Obama.

    It is amazing how uninformed those who don’t want to look at the issue are. Please educate yourself on the facts so you can discuss the matter intelligently.

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  10. 1. Does anyone that reads this site have their original birth certificate? I don’t know how they did it in Hawaii in 1961, but, in most states, the original birth certificate is sent to a statewide department for safekeeping. The certificate given to the family is just a copy anyway. And…anytime you send off for a birth certificate, they just send you another copy. If that is what would happen with President Obama, then why shouldn’t we presume the system worked (and he was born in Hawaii…and therefore eligible to be president)?

    2. What does President Obama’s eligibility have to do with LTC Lakin’s obligation to serve his country? LTC Lakin has (I suppose) received orders to deploy to Afghanistan. He has a professional and moral obligation to fulfill those orders, regardless of who occupies the White House. President Obama’s eligibility is a legal and political question that has been (and will continue to be) hashed out in the courts and by the public. LTC Lakin’s responsibility is separate.

    3. While LTC Lakin’s investigation (and most likely prosecution) proceeds apace, someone else (whose return from a deployment will have come after LTC Lakin) will have to “pick up his slack.” Does that uphold the highest traditions of the greatest republic in the history of this planet?

    4. LTC Lakin has an obvious self-interest here (staying at home with the family and out of Afghanistan). People (they are mostly Soldiers) need LTC Lakin’s medical help, and he’s too busy with petulant defiance to bother helping them.

    Is someone out there really willing to defend this behavior?

    Tom Hurley

  11. Bob…I guess this is your website. Thanks. Would you care to hazard a defense for LTC Lakin’s behavior? I would love to hear one.

  12. Bob, is that what passes for discourse in your world? Mr. Hurley makes some facially valid points, and your response is to imply that he is dumb or misinformed. His point #2 above is, I believe, the most relevant: the President’ s birth certificate has nothing to do with the validity of the LTC’s deployment orders. First, whether the President is Constitutionally entitled to hold the office is a political question that has no bearing on the validity of the LTC’s orders. Second, the orders are patently valid for tens of thousands of other servicemembers — including myself. Third, the President’s status, even if it were questionable, have nothing to do with the validity of the orders because the LTC’s deployment orders are not issued by the President — they are issued by his service, at the behest of the SECDEF, whose bona fides are unquestionable. Fourth, the LTC misapplies the standard about adherence to lawful orders. Orders are presumptively lawful absent clear evidence to the contrary, and there is absolutely nothing clear about the proposition that President Obama is not a natural born citizen — it is an open question, at best, and in my view, is a closed issue. If the issue had any merit beyond the fanatical rants of the far right (“birthers”), he would not have been certified by the Electoral College, or there would be a motion for impeachment in the Congress for failure to meet Constitutional standards to hold the office. Lakin should face disciplinary action in this case for refusing his deployment orders and is, in this Marine Lieutenant Colonel’s view, unfit for service.

  13. Butch — It’s painfully clear that you and Mr. Hurley do not understand the basic oath a military officer takes; hence, the reason you do not understand his actions.

  14. More than he loves medically treating servicemembers injured by the enemies of this country in the performance of their duties? You know…the job that he swore at least two oaths to do.

    There is no one left to say whether or not President Obama was born in Hawaii. His mom, dad, and grandparents have all passed. We are left to assume that his “Certification of Live Birth” is legal and appropriate.

    You are wasting your time (and LTC Lakin is wasting his career) on this topic. Can’t you just call President Obama a socialist and move on?

  15. Bob, how is it I don’t understand the oath? Did you miss the fact that I’m a career officer? I’ve read the Constitution scores of times, I have hundreds of hours of training on constitutional law, and I know perfectly well what I’ve sworn to defend.

    Your idea of discourse is “I don’t agree, and you’re dumb, so there…” rather than attempting to engage intellectually. Looking back at your posts, what I see are insults that in your mind pass for counterpoints. I see “you do not understand”, “duh”, “wake up and smell the coffee”, and “you don’t have a clue…” Is that how it works? Your blog is supposed to be a free exchange of ideas, not a free exchange of insults. So while Hurley and I are posting concepts to consider when judging the legal and moral dimensions of the flight surgeon’s actions, your counter is to spit raspberries like the Frenchman in Holy Grail.

  16. Butch, Butch, Butch — First, thanks for your service. Second, service as an officer obviously doesn’t mean you’re an intellectual giant of any sort. Third, this is my blog, and I can reply to people any way I choose. If you don’t like it, you’re free to leave. No, really, you are…

  17. Mr. Bracknell, nice Python reference.

    Mr. McCarty, LTC Lakin’s actions are not in keeping with the highest standards of his profession. He needs to follow the orders he has received and deploy.

    Our Soldiers need soldier-doctors. He is one. He should go help. It’s as simple as that.

  18. Tom, here is where we have to disagree. I don’t think Lakin is morally fit to serve as a deployed soldier-doctor, a fact that we can thank him, perversely, for revealing to us. So I don’t think he should go. I think he should stay. I think he should be disciplined, and I think the service should examine whether he is fit for continued service. If not, I think he should be denied his retirement. Attitudes like his are dangerous in the service, inasmuch as he seems to regard his oath as optional, or a mere suggestion.

  19. Frank Miller // Mar 30, 2010 at 8:00 pm

    The Colonel will be court-martialled, and rightfully so. The President released a Certification of Live Birth, documented all over the internet, which is a prima facie document of his birth. The President is a natural born citizen.

    He did no such thing. He refuses to release a long form version bc with the doctor’s signature, hospital, and footprint. He has spent nearly two million dollars to fight its release. Even if he were to produce the document, the fact that he is thumbing his nose at Americans who are concerned, proves he is not fit to lead this country. He is Kenyan born, and currently retains his Indonesian citizenship.

    The man is a serial liar. I doubt,”I was born in Hawaii,” is the one honest statement to come out of his mouth. This soldier is doing exactly what his oath states.

  20. NJK,

    That article is the lamest “proof” that I have read in quite some time. Who wrote that article? When? Where was it published? The Kenyan-born thing was unexplained in the rest of the document.

    LTC Lakin is abandoning his fellow Soldiers when they need him the most. Lots of servicemembers disagreed with the Iraq conflict, but had to go serve anyway because of their obligation to their comrades-in-arms. LTC Lakin is no different. He has objections that are honestly felt (I concede), but those objections should not — must not — interfere with his obligations to those warriors in harm’s way.

    I’m leaving now…good luck to all y’all.

  21. PS we’re off topic here, but the fact is several federal judges dismissed lawsuits and “citizen indictments” tied to the Obama birth certificate issue. Several of the judges were Republican appointees, including Justice Kennedy, Justice Scalia, and USDC Judge Royce Lamberth (the Berg, Cook and Barnett civil actions, among others).

  22. I am a retired Navy judge advocate. I have taken the oath for commissioning and commissioned officers numerous times, thus not only have I read it, I have said it and practiced it. The oath is similar to that of the Army. Note the oath for officers is different than that for an enlisted person.

    “OFFICER: I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God.” Compare this to the enlisted oath, a mistake made by Ms. Orly Taitz in her litigation of these cases.

    “ENLISTED: I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

    You will see immediately a significant distinction. It is only the enlisted person who swears to obey the orders of the President.

    In my law practice I defend service-members accused of offenses under the UCMJ at trial and on appeal, that’s been my legal experience for most of my 31 years (although I’ve also spent time as a prosecutor). In my opinion LTC Lakin does not have a case or a defense under military law or the U.S. Constitution, therefore I would not feel comfortable taking his money or that of subscribers to his cause.

    I think that under United States v. New, 55 M.J. 95 (C.A.A.F. 2001) cert. denied New v. United States, 534 U.S. 955 (2001), a military judge will be required to determine if the orders given are lawful. There is an older case (Unger v. Zimniek, 27 M.J. 349 (C.M.A. 1989) which seems to be contradictory to New; but I doubt it carries much weight and is effectively overruled by New. Assuming the orders are properly issued orders from the correct office within the Department of the Army they will be found lawful. See e.g. United States v. Tolkach, 14 M.J. 239 (C.M.A. 1982). As the cases say, ‘all orders are presumed lawful and a person violates them at their peril.’ See e.g. United States v. Hughey, 44 M.J. 96 (C.A.A.F. 1996); United States v. Nieves, 44 M.J. 96 (C.A.A.F. 1996). Further, in Hughey the court said that, “Conscience, religion, or personal philosophy cannot justify or excuse the disobedience of lawful order. See Hughey.

    In my view LTC Lakin does not have a valid affirmative defense based on the information given on the various websites supporting his cause. Whether or not President Obama is legally qualified to be president doesn’t matter in the context of a military officer being ordered to a particular duty.

    On a personal note I would echo others. If LTC Lakin refuses to deploy that will have an adverse affect on a number of people. His seeming lack of concern for them as a medical provider, officer, and Soldier is noted.
    1. A doctor in the AOR may have to stay longer away from his/her family, at personal risk and added family stress.
    2. A doctor may have to get short fuse orders to deploy in his stead, thus affecting that doctor and his/her family.
    3. Or the Soldiers in the AOR can have one less doctor to treat their emergencies.
    4. When did LTC Lakin first determine his concern with the President’s birth? After President Obama was elected did LTC Lakin submit a retirement or resignation request because he was unable to serve under a non-President? If he did not, then his current concerns are disingenuous and not worthy of belief.

    The Navy teaches core values of honor, courage, and commitment. I agree that courage can be exemplified by speaking up when something is wrong no matter the personal cost. Regrettably I do not find LTC Lakin to be emblematic of Navy Core Values. The Army teaches LDRSHIP as its values.

    Loyalty – Bear true faith and allegiance to the U.S. Constitution, the Army, your unit and other Soldiers.
    Duty – Fulfill your obligations.
    Respect – Treat people as they should be treated.
    Selfless Service – Put the welfare of the nation, the Army, and your subordinates before your own.
    Honor – Live up to all the Army values.
    Integrity – Do what’s right, legally and morally.
    Personal Courage – Face fear, danger, or adversity [physical or moral].

    I’m sure LTC Lakin will argue he is exercising Integrity and Personal Courage. Rather, I would see integrity and personal courage as going forth to do the mission to serve Soldiers. A very old and senior medical officer once told me that “service before self” trumps all other values. I suggest LTC Lakin reconsider who he serves.

    And if he is on the O-6 promotion list, has he received notice that he is subject to a Army Promotion Review Board as to his suitability to remain on the promotion list?


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  24. Thomas F. Hurley // Mar 31, 2010 at 12:55 pm

    1. Folks want to see a copy of the long form (showing hospital (or other) place of birth, the signing Dr. (or mid-wife) and other “vital” stats). Not a jpeg of the alleged short form.

    2. “He has a professional and moral obligation to fulfill those orders, regardless of who occupies the White House.” Wrong. If a usurper occupies the White House, any orders from the CinC would be illegal. Officers are not required to follow illegal orders. See Nuremberg trials.

    3. See #2.

    4. You haven’t read his C.V. posted at the link Bob provides. He’s already served in Afghanistan and would do so again…assuming he would be following legal orders. See #2.

  25. b.t.w.

    Does anyone know how someone born the subject to the crown of her majesty the Queen of England could be considered a Natural Born Citizen of the US?

    Even his campaign web site F.T.S. stated he was “governed” at birth by G.B.

    Barry was born a British subject, because he inhereted that from his foreign father no matter where he was born.

    So, are dual (or tri) citizens at birth, Natural Born Citizens?

  26. “He has a professional and moral obligation to fulfill those orders, regardless of who occupies the White House.” Wrong. If a usurper occupies the White House, any orders from the CinC would be illegal. Officers are not required to follow illegal orders. See Nuremberg trials.

    BNA, it appears you’ve not done your homework on Nuremberg or the concept of illegal orders. Illegal orders may not be followed, but “illegal” refers to the substantive content of the orders (i.e., an order to kill indiscriminately noncombatant civilians), not some subjective judgment about the qualifications of the person issuing the orders.

    Moreover, US v. New stands for the proposition that orders are presumptively legal, placing the burden on the disobeyer to demonstrate that they are not legal. The flight surgeon can raise that issue at his court-martial, but it will likely be dismissed straight away, as the President’s constitutional qualification for office is irrelevant to whether Dept of the Army orders were issued lawfully. Let’s say in the moments after Hinkley attempted to assassinate Reagan, when Alexander Haig asserted that he was “in charge” at the White House, most people assumed that meant he was adopting the role of the President, since the VP was unavailable and out of touch with the White House. If he had issued a substantively legal order to a Marine sentry at the WH, which the sentry disobeyed, the Marine would have been punishable because Mr. Haig had apparent authority to issue the order. So to does President Obama have facially valid and apparent authority, unless and until the unlikely eventuality that proof is offered in a competent forum (an Article III court or, perhaps, on the floor of the House during an impeachment proceeding) that the President is Constitutionally barred from serving because of his birthplace.

  27. If he is eligable, then why won’t he show the original “long form”?
    Why did his grandmother and town mayor say he was born in Kenya?
    Why did the mayor of the town in Kenya he was born going to build and put up a statue of Barry?
    Why did Obama spend so much money in lawyer deals to seal his documents?
    Having said that, a man can not be eligiable if he has known connections with terriosts. Barry’s presidency started in the living room of Bill Aries, who in fact bombed the buildings in America and spent prison because of it. Not to mention his terrorist preacher, who at first Barry claimed he didn’t know. Farrahkan also a friend of Barry’s, who also hates America.
    Then their is the little matter of Barry, no being qualified in my mind because he doesn’t have enough experience. A year of Senate duty, which he hardly voted in doesn’t qualify him in my mind, niehter does community organizer. The reason Barry has so many czars is because he doesn’t know what he is doing, another reason for telepromters.
    Americans are fools.

  28. That’s correct Lesley.

    No matter where Obama was born, he was born a subject to the crown of her majesty the Queen of England.

    Assuming Sr. was his legal father, Obama could never be considered a Natural Born Citizen as intended by the framers. He was a divided citizen at birth.

    How, then, could he possible give legal orders?



  30. I strongly agree with those who demand for Obamas birth certificate. If this fraud president has nothing to hide, then why can’t he just show a real one ..aand be done with it. He is a big Liar that’s why. He is a FRAUD! To serve the Armed Forces, you may or may not be a natural born citizen, but to serve the highest office in the land as the Commander in chief, you must be a natural born citizen as stated in the US constitution. If Obama is not hiding something ….then this isssue would have been solved already. For the Lt. Col. Kudos to you, Sir. I hope the rest will follow. DEMAND you Commander in Chief ..the proof before he order you to engage in any war..becuase if you die defending this country (as bait) …SIR ..IT IS NOT WORTH IT…OBAMA IS A FRAUD… and HE IS NOT WORTH IT either. Most Americans (esp. liberals are ungrateful for what the military does. The Democrats are as ungrateful and hypocrites…pretending to support the military, but mainly for their personal and political gains. THIS COUNTRY IS GOING DOWN…the only reason why there are still those who belives in this country are those servning in the military and the defenders of the constitution.

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