JAG Captain: Lakin’s CO needs to investigate prosecutorial misconduct

By Jack Minor
A former Captain in the Judge Advocate General’s office sent a letter to Lt. Col. Lakin’s Commanding Officer calling for an investigation after the Army threatened to taser him once the hearing was over.
According to the American Patriot Foundation, LTC Steven Brodsky, a judge advocate, told LTC Lakin’s counsel that Lakin must report hours before the hearing to his duty post at Walter Reed Army Medical Center in order for him to be “transported under escort” to make sure he showed up at the arraignment “to avoid embarrassing his unit.”
Lakin’s counsel protested saying, “this was not merely highly unusual that an enlisted man facing similar charges would not suffer such indignity, but that there was zero chance that Lakin would not attend a hearing when he had, quite literally, “invited [his] own court martial.”
The report went on to explain, “Brodsky is a judge advocate and as such his job is to prosecute LTC Lakin. He has no role –or at least should have no role—in deciding the manner in which Lakin relates to his commanders, and vice versa.”
Lakin reported that at the courtroom offices he was waiting in a lobby-type of room with Col. Craig and SFC Laird, who were his escort and driver. He said Brodsky called Craig and Laird over telling them “that the escort purpose was to get me into the van after it was over” and “he did not know if I had plans on signing autographs and kissing babies, but that would not happen and it would not become a circus. He used the words ‘taser him and throw him in the van’ …COL Craig walked back in and said, ‘you probably heard all that, didn’t you?’ And my reply was yes, it would have been hard not to.”
In the foundation report Lakin said, “After the hearing, my lawyers asked COL Craig for permission for me to speak to the press, since both CNN and NBC had sent camera crews, but she rudely refused and ordered me back into her vehicle to be transported back to Walter Reed.” Lakin concluded his remarks saying, “Don’t tase me ’Bro.”
Lakin described how he was not permitted to talk to his counsel, Paul Rolf Jensen, saying, “I heard Mr. Jensen asking for two minutes and COL Craig denied the request, asking him to get into the van immediately. It was obvious to me, especially from the direction that LTC Brodsky had given earlier, that any other interactions would likely be met with further charges, security intervention or other unwarranted escalation.”
These actions by prosecutors have caused individuals to protest their handling of Lakin. Vincent Averna, a former Navy Captain in the JAG Corps, sent a letter to Major General Carla Hawley-Bowland, who has authority over Lakin’s superiors. In the letter regarding Brodsky he stated, “His threat to have LTC Lakin tasered to insure his silence is also a blatant violation of the American principle of innocent until proven guilty. This prosecutor is not following normal procedures in LTC Lakin’s court martial. He is violating LTC’s Constitutional Rights by prohibiting his freedom of speech, equal protection under the law and Constitutional Procedural Due Process by failure to follow the UCMJ procedures.” He warned that a failure to investigate the veracity of the claims would be “tantamount to Command Influence, since it can legitimately be said your inaction gives consent to this prosecutor’s misconduct.”
Regarding the admissibility of evidence, including the President’s long form birth certificate showing the name of the attending physician and hospital, Averna said, “The judge’s rulings on admissibility of evidence and conduct of the actual trial can be reviewed by COMA and their ruling can be brought directly to the Supreme Court without any other federal court review. Sooner or later everyone’s actions (or lack thereof) will come under an objective review at the highest level, which not even the President of the U.S. can stop.”
Margaret Hemenway, the spokeswoman for Lt. Col. Lakin appeared on the Peter Boyles show in Denver with guest host George Brauchler who is a JAG reservist. During the interview, Brauchler said he met Lakin a year ago in an intermediate level course required in order to be promoted to the next level. He said, “my experience with Col. Lakin is that he is as principled a person as you would want to be in uniform.” He went on to say Lakin “has never said ‘no’ to the Army for anything it’s ever asked of him for 18 years” except for this.
Hemenway told the Gazette “We posted on our website rules for proper decorum in the courtroom for supporters of Lt. Col. Lakin to observe; apparently we should have sent a copy of the rules to the prosecution as well.”
The American Patriot Foundation has said those concerned about the situation should contact MGen Hawley-Bowland at 202-782-1104.

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41 Responses to JAG Captain: Lakin’s CO needs to investigate prosecutorial misconduct

  1. HistorianDude says:

    It is fascinating that Birthers (like Jack Minor) seem to keep forgetting that the person on trial here is not Barack Obama. It is LTC Lakin. He has been charged with (and admitted to) missing movement, disobeying two orders, and dereliction of duty. Had he been an enlisted man, he would be in custody, rather than merely escorted to and from the court martial.

    As to his civilian counsel’s whining about “freedom of speech,” it is actually another violation of UCMJ for Lakin to conduct his political grandstanding while in uniform. There has been no effort to prevent him from appearing on the G. Gordon Liddy show, or releasing his tendentious and often inaccurate press releases. So complaints about being unable to speak to the press appear to be rather patently absurd. Lakin can put on his dog and pony show in almost any venue he wants… other than the court martial itself. If Lakin actually did attempt to resist his escort then tasing him and throwing him into the van would have been an appropriate response. It’s necessity would probably also garner him an additional charge or two.

    This is a court martial. Not a circus.

    It is also hilarious to consider the profound hypocrisy of Jensen’s complaint that LTC Brodsky is somehow “interfering” in or trying to “influence” Lakin’s “chain of command,” especially considering that Lakin’s position is supposedly that there is no chain of command at all.

    But never let reality get in the way of right wing outrage or a convenient Birther talking point.

  2. Scarlett says:

    Lt. Col. Lakin is a true patriot! I admire him and his stand for our Constitution.

    Obama must have something important to hide. Why else pay large sums of money to keep all his records sealed, I ask?

    It very suspicious when a POTUS will not produce a valid birth certificate.

  3. HistorianDude says:

    @ Scarlett

    The claim that President Obama has spent “large sums of money to keep all his records sealed”is just another Birther lie that never dies. Obama hasn’t even been a plaintiff in most of the 71 Birther cases filed, and those that involved him were all dismissed before they could cost very much. Further more, not a single one of his documents has been “sealed.” Instead they are simply protected by the exact same laws that protect yours and mine.

    And finally, he produced his valid birth certificate more than two years ago.

  4. Jim C. says:

    So…

    “His threat to have LTC Lakin tasered to insure his silence is also a blatant violation of the American principle of innocent until proven guilty.”

    Sounds to me like an attempt to keep control of a prisoner. There is not Constitutional right to a press conference, especially for a person in custody.

    How long is the Gazette going to keep suffering this dribble?

    I know it gets a lot of hits and comments, but read them! Most of them sound like the five faces of Minor defending himself. The rest are rolling their eyes in disgust! News doesn’t need to be popular, but is this a Greeley focused paper or Jack’s conspiracy theory blog? When it comes to the administration, it seems to be the later.

    How about focusing on getting some change in Washington, Jack, not beating this ridiculous dead horse. No matter what the outcome is (and in court, it’s been pretty much settled), it won’t effect this administration while it’s still in office.

  5. Jim C. says:

    and also,

    Having lots of people read your stuff because you sound like a nut is not something to aspire to!

  6. Fred says:

    I would love to hear the other side of the story. One witness has already come forward debuking Lakin’s claim about the tazer threat. As to the retired JAG officer, can you spell swiftboat? Lastly, Obama is not trial here. Lakin is. He disobeyed orders and missed a movement. It doesn’t matter why he did it. Now if Lakin was really serious about the legality of Obama, he would be returning his paychecks since they too are process by order of Obama.

  7. Resurgent Eagle says:

    It needs to be pointed out that Obama has never produced a birth certificate. Furthermore, it has been established that the process used in Hawaii to register births is suspect and tainted. For example, there is an illegal birth certificate on file for Sun Yat Sen (per the Hawaii Department of Health). Even though a Hawaiin birth certificate is on file for Sun Yat sen the Hawaii Department of Health readily admits that the birth certificate is illegal and that Sun Yat sen was born in China.

    The real issue is to get a legal definition that is standardized and agreed upon for the term “Natural Born Cit”izen”. Definitions going back into the 1700’s define it as an individual born in the country of parents who are both citizens of that country. Obama’s father was Kenyan and not American. Therefore, by this definition, Obama is not natural born

    Finally, officers in the United States Military take and oath to support and defend the Constitution of the United States against all enemies foreign and domestic. They do not swear allegiance to the President, the Congress or the DoD, their oath is to the Constitution. The founding fathers had a healthy fear of large standing armies under the King’s direction. Allegiance to an individual, rather than values and principles, leaves the citizens subject to the whims of the individual rather than the rule of law. The oath of office to the Constutition prevents that situation from occurring. In addition, in the late 1930s Hitler convinced the German Army to swear allegiance to him, the Fuhrer in return for a promise there would be no other Army in Germany. Hitler later reneged on that promise with the establishment of the SS – the rest as they say is history.

    Lt Col Lakin is NOT a “birther”, he is an officer in the United States Army and has sworn an oath to support and defend the Constitution of the United States of America – and he is doing his job as best he knows how.

  8. BenDen says:

    Historian Dude,

    You make some valid points, articulately well-stated. But at the same time, some tell-tale phrases and snide remarks reveal that, under all the literate education, there’s a man so wrapped up in his political bias, he can’t bear to face the naked facts.

    The word “birther” is like the word “teabagger.” It’s a moniker made popular by those who, like you, turn your head away from the facts because they seriously implicate your guy Barack. Words like that are meant to debase and dismiss all of the serious-minded, intellectually honest, clear-sighted people who look at this man who has hidden away every shred of record that would establish his credentials to hold his office. That’s no problem for you.

    You want everyone to believe that a Certificate of Live Birth is a genuine, true Birth Certificate, because that’s all Obama is willing to show, and you’re an Obama supporter. That COLB has been fully discredited as a modern, computer-generated fake, and it wouldn’t get him through any other door that required a real birth certificate – the kind that all of us have to produce for getting a passport, drivers license, and numerous other gateways of life.

    Please take another look at the “Obama COLB” image at Google Images, and compare that to any birth certificate from any other state or nation.

    http://nobarack08.files.wordpress.com/2008/10/bobirthcertificate.jpg

    See any differences? Does the “birth certificate” you refer to include the name of the delivery doctor? No. Does it include the name of the hospital? No. Does it include any vital statistics, such as birth weight, body length, and footprint? No. Does it name his father? No. Does the State of Hawaii recognize the COLB as a true, genuine Birth Certificate? No.

    Can you look us in the eye and say, that is a genuine, original, long-form birth certificate, just like the ones we all get when we’re born? Can you honestly say that it doesn’t matter, it’s the same thing?

    Are you so fearful of the reason why Obama (or his attorney) has gone to extraordinary lengths to hide…

    His kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, Illinois State Bar Association records, baptism records, and his adoption records,

    …that you will stake your personal integrity on Obama’s opaque transparency?

    Actually, it’s well documented that Barack Obama has spent almost $2 million of his own money, paying Robert Bauer, his attorney, to fight every attempt to verify Obama’s Constitutional eligibility to hold his office? He’s had a lot of help from public officials willing to play ball with Obama. If George W. Bush had done that, would you take the same position?

    The people you slander by calling them “birthers” are more clear-sighted and honest than you are. They believe that when a man swears on a Bible to protect, uphold and defend the Constitution of the United States, it means something, and Obama’s adamant refusal to release any of the documents listed above, that would confirm his Constitutional eligibility to be President, also means something.

    I suspect you’re an intellectual and moral lightweight, who desperately wants to believe that something’s true, when the evidence is all pointing to false. Your words betray you. There are no “birthers,” as you define them. Those that you call that vile name are Constitutional patriots who take oaths of office seriously and scrupulously. And in all my accumulated years, I have never heard of anyone who has demonstrated more courage in standing up for the truth than Lt. Col. Terry Lakin.

    That man of well-proven courage, service, and honor, will sooner or later be vindicated by the truth, while all of those snidely, name-calling Obama worshippers, such as yourself, who see what they want to see, will fail in shame.

    Don’t take it personally, it’s just my opinion.

  9. Real American says:

    To Historian Dude,

    “The claim that President Obama has spent “large sums of money to keep all his records sealed”is just another Birther lie that never dies. Obama hasn’t even been a plaintiff in most of the 71 Birther cases filed, and those that involved him were all dismissed before they could cost very much. Further more, not a single one of his documents has been “sealed.” Instead they are simply protected by the exact same laws that protect yours and mine.

    And finally, he produced his valid birth certificate more than two years ago.”

    Now I know you are a liar. If he produced his valid birth certificate, please tell me the name of the doctor that delivered him. Further, if this were the case, then why would Lakin be risking his freedom to see it? Finally, one of Obama’s first executive orders as “president” was to make it a crime to disclose his records. If he already produced it, why would it need to be “protected”? You are clearly an Obama lacky. If you think the massive amount of pleadings and appearances that have been made on Obama’s behalf by both private law firms and at tax payer’s expense could not have cost much you are too smart to not be lying about this too. He even put the lawyer devoted to defending him on his staff along with his wife. You know, the one who admires Chairman Mao? You are as much of a fake as Obama. Your “commitment to the truth” and “oath to the constitution” are a joke. You should kill yourself immediatly.

  10. RoBoTech says:

    WOW, the Obama meat puppets are sure on this blog!
    No wonder, this is a home town boy and The Thuggish Obama Admin knows HERE is where it will start.
    So, have at it, meat puppets, it makes NO difference.
    This grows bigger everyday, regardless of the tactics being used.
    Impechment?
    NO!
    Prison?
    YES!
    So have at it, meat puppets, i won’t miss a meal or a wink of sleep over YOUR crap, count on it!
    SCOTUS WILL settle this, eventually, and the meat puppets here aren’t gonna like it.
    Cry to Mommy, or commit Hari Kari, makes no difference to me.
    It’s gonna happen, one way or another.
    Watch and see.

  11. MJFL says:

    Hey, let’s see how this plays out. Seems like the obama ites are the ones sweating.

    Anyone see the precarious release of an Obama passport. As if it means anything. Although the left will make it sound like a closed case.

    Couldn’t our compassionate leader who cares about all of our health be ever so kind to reveal to the judge his long form BC. I am sure he just is not aware of this case, he clearly has been too busy with The View and calling back workers forced to resign. If only just somehow we can make him aware of this case, I am sure he will provide all kinds of documentation, to resolve this issue.

    The fact is Obama is not acting like a leader on this case or all the prior cases.

    This case reminds me of a Few Good Men. Lakin is saying no to the Code Red and trying to uphold all the oaths he took when joining the army.

  12. HistorianDude says:

    @ Resurgent Eagle

    It needs to be pointed out that Obama has never produced a birth certificate.

    This is merely another Birther lie that never dies. Obama voluntarily produced his birth certificate in June of 2008.

    Furthermore, it has been established that the process used in Hawaii to register births is suspect and tainted. For example, there is an illegal birth certificate on file for Sun Yat Sen (per the Hawaii Department of Health). Even though a Hawaiin birth certificate is on file for Sun Yat sen the Hawaii Department of Health readily admits that the birth certificate is illegal and that Sun Yat sen was born in China.

    Sun Yat-sen was dead 35 years before Hawaii was even a State. So his fraudulent birth certificate had exactly nothing to do with the Hawaii Department of Health (which didn’t even exist), or the process used by the State of Hawaii to register births in 1961. It further even unchallenged, fails to meet the US State Department standards for proof of citizenship at birth. It is a red herring that, in its pathos, puts an even finer point on the complete absence of evidence for any Birther theory.

    The process used to register births in Hawaii is and was in 1961 not significantly different from that in any other state of the union.

    The real issue is to get a legal definition that is standardized and agreed upon for the term “Natural Born Cit”izen”. Definitions going back into the 1700’s define it as an individual born in the country of parents who are both citizens of that country. Obama’s father was Kenyan and not American. Therefore, by this definition, Obama is not natural born

    The only definition of natural born citizen that existed in the entire English language when the Constitution was framed is anybody born on national soil who was not the child of a foreign diplomat or alien army in hostile occupation. This has been reconfirmed since by the United States Supreme Court.

    Obama’s father was neither a foreign diplomat or alien army in hostile occupation. Therefore his son is a natural born American citizen.

    Finally, officers in the United States Military take and oath to support and defend the Constitution of the United States against all enemies foreign and domestic.

    His oath is support and defend the COnstitution, not to interpret it. Interpreting the Constitution and vetting the Commander-In-Chief is way above his pay grade.

    Lt Col Lakin is NOT a “birther”, he is an officer in the United States Army and has sworn an oath to support and defend the Constitution of the United States of America – and he is doing his job as best he knows how.

    And he will suffer the deserved consequences of the simple fact that “as best as he knows how” wasn’t good enough to help him avoid violation his oath and the UCMJ.

  13. HistorianDude says:

    @ BenDen

    The word “birther” is like the word “teabagger.” It’s a moniker made popular by those who, like you, turn your head away from the facts because they seriously implicate your guy Barack. Words like that are meant to debase and dismiss all of the serious-minded, intellectually honest, clear-sighted people who look at this man who has hidden away every shred of record that would establish his credentials to hold his office. That’s no problem for you.

    The word Birther absolutely is a term of ridicule. That does not in any sense imply that its use is therefore improper. When one’s positions are ridiculous, one should anticipate ridicule. And Birthers are ridiculous.

    I contend with all seriousness that I have never met or corresponded with anybody who believes in this stuff who was “intellectually honest” and “clear sighted” at the same time. These characteristics apparently cannot coexist within the single person of a Birther.

    You want everyone to believe that a Certificate of Live Birth is a genuine, true Birth Certificate, because that’s all Obama is willing to show, and you’re an Obama supporter. That COLB has been fully discredited as a modern, computer-generated fake, and it wouldn’t get him through any other door that required a real birth certificate – the kind that all of us have to produce for getting a passport, drivers license, and numerous other gateways of life.

    And once again we are confronted with a Birther lie that never dies, causing one to reconsider at least your clear sightedness if not your intellectual honesty. Not only has the COLB not been discredited, the persons who claimed to have done so have both been unmasked as frauds and amateurs with not the tiniest shred of expertise in any field related to document authentication or computer forgeries.

    So… here we are forced to pause and ask an important question: If there was intellectual honesty anywhere within the Birther movement, why has it depended entirely on fraud and deceit to advance it’s position? If real evidence existed that Obama was not exactly who he claims to be, there would be no need to fake some, as “Dr. Polarik” did for more than a year before he was unmasked as a fraud.

    Please take another look at the “Obama COLB” image at Google Images, and compare that to any birth certificate from any other state or nation.

    http://nobarack08.files.wordpress.com/2008/10/bobirthcertificate.jpg

    See any differences?

    I am my own family’s historian. I have in my personal possession hundreds of birth certificates from eleven States and three foreign countries. I know from where I speak. If you have seen one, then you have seen one. They are radically different from place to place and year to year.

    Obama’s COLB is absolutely a valid birth certificate, perfectly meeting the standards of the US Department of State for proof of citizenship at birth. It is also very like the birth certificates currently issued by other states such as Pennsylvania.

    Does the “birth certificate” you refer to include the name of the delivery doctor? No. Does it include the name of the hospital? No. Does it include any vital statistics, such as birth weight, body length, and footprint? No. Does it name his father? No. Does the State of Hawaii recognize the COLB as a true, genuine Birth Certificate? No.

    Actually, you got a number of those wrong. For example, Obama’s COLB does name his father, and the State of Hawaii absolutely does recognize the COLB as a true, genuine birth certificate.

    Others there are just funny, such as the footprints which appear only on hospital memorabilia, and never on an actual birth certificate. But here are the official requirements for a birth certificate to be absolute legal proof of citizenship at birth, right from State Department Regulations:

    7 FAM 1119 PROOF OF CITIZENSHIP BY BIRTH IN THE UNITED STATES
    (TL:CON-64; 11-30-95)

    a. To establish a claim to U.S. citizenship by birth in the United States:

    A person born in the United States in a place where official records of birth were kept at the time of his birth shall submit with the application for a passport a birth certificate under the seal of the official custodian of records. [22 CFR 51.43.]

    b. The birth certificate must:

    (1) Show the applicant’s full name, and date and place of birth;
    (2) Have a filing date within 1 year of the birth; and
    (3) Bear the signature of the official custodian of birth records and the raised, impressed, or multicolored seal of the issuing office.

    You will note that Obama’s COLB meets those requirements perfectly.

    Can you look us in the eye and say, that is a genuine, original, long-form birth certificate, just like the ones we all get when we’re born? Can you honestly say that it doesn’t matter, it’s the same thing?

    I can look you all in the eye and say with exactly no risk of being proven wrong that:

    1. It is a genuine birth certificate.
    2. It is the only genuine birth certificate that the State of Hawaii even issues anymore.
    3. All US birth certificates are “short forms,” even the ones that are photocopies showing the attending physician’s signature.
    4. It is in every legal sense the same thing.
    5. It is absolute legal proof of Obama’s status as a natural born American citizen

    Are you so fearful of the reason why Obama (or his attorney) has gone to extraordinary lengths to hide…

    His kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, Illinois State Bar Association records, baptism records, and his adoption records,

    LOL… his kindergarten records? Do you guys not pause for even a second and realize how idiotic it sounds that you think there is something relevant to be found in his kindergarten records?

    That said, several things are that list (like “adoption records”) are known to not even exist, so why would any lawyer be hiding them? Others (such as every Harvard Law Review ever published) are already public and readily accessible on the Internet.

    But more to the point, nothing on that list has ever required a lawyer to protect. They are protected already by the exact same laws that protect you and me. I don’t even have a lawyer, and my records are no more and no less protected than the President’s.

    Actually, it’s well documented that Barack Obama has spent almost $2 million of his own money, paying Robert Bauer, his attorney, to fight every attempt to verify Obama’s Constitutional eligibility to hold his office? He’s had a lot of help from public officials willing to play ball with Obama. If George W. Bush had done that, would you take the same position?

    This is, again, another Birther lie that never dies. Nothing in that paragraph is true. Obama hasn’t even been a defendant in most of the eligibility lawsuits, and only had to pay a lawyer in two of them. Those cases were dismissed, for a total price tag to Obama that cannot exceed $5,000.

    The people you slander by calling them “birthers” are more clear-sighted and honest than you are. They believe that when a man swears on a Bible to protect, uphold and defend the Constitution of the United States, it means something, and Obama’s adamant refusal to release any of the documents listed above, that would confirm his Constitutional eligibility to be President, also means something.

    Here is where the irony gets particularly deep. Your post is replete with long debunked Birther lies, rumors and fabrications. Yet you think yourself to be “clear sighted” and “honest?” But that pales in comparison with your strained objections to being insulted by the Birther label when you follow them with scurrilous and gratuitous insult spasm such as “I suspect you’re an intellectual and moral lightweight, who desperately wants to believe that something’s true, when the evidence is all pointing to false.”

    This is why you cannot be taken as seriously as you so desperately wish you were.

    IF you want to stop being called a Birther, then do something completely and diagnostically un-Birther-like:

    1. Stop spreading long debunked lies.
    2. Learn the law.
    3. Come up with actual evidence.

    Do those three things and I will be happy to call you anything you want.

    And in all my accumulated years, I have never heard of anyone who has demonstrated more courage in standing up for the truth than Lt. Col. Terry Lakin.

    That is little more than a reflection of the poverty of your personal experience.

    That man of well-proven courage, service, and honor, will sooner or later be vindicated by the truth, while all of those snidely, name-calling Obama worshippers, such as yourself, who see what they want to see, will fail in shame.

    You just keep thinking that if it makes you feel better.

  14. HistorianDude says:

    @ Real American

    Now I know you are a liar.

    Oh? Let’s see how well you do in the demonstration.

    If he produced his valid birth certificate, please tell me the name of the doctor that delivered him.

    Don’t know and don’t care. Some birth certificates carry that information and some do not. Hawaiian birth certificates no longer do.

    Further, if this were the case, then why would Lakin be risking his freedom to see it?

    Because he was badly misinformed.

    Finally, one of Obama’s first executive orders as “president” was to make it a crime to disclose his records.

    This is another Birther lie that never dies. No such an executive order exists.

    If he already produced it, why would it need to be “protected”?

    The laws that already existed long prior to his election protect all birth certificates, whether they need to be protected or not.

    If you think the massive amount of pleadings and appearances that have been made on Obama’s behalf by both private law firms and at tax payer’s expense could not have cost much you are too smart to not be lying about this too.

    It is simply a fact that Obama has not even been a defendant at all in most of the eligibility lawsuits, and so none of those can have cost him a penny. In the three where he actually was a private defendant, one was handled pro-bono, and the other two were both dismissed before trial after the filing of two documents, each less than 40 pages.

    If you object to taxpayer dollars being spent on mre recent lawsuits, I have good news, good news and bad news. The first good news is that Justice Department lawyers are on salary get paid the same regardless of whether they are defending the President or not. The second good news is that 100% of those cases have been dismissed before trial… the single least expensive way for them to be disposed of. The bad news is that all of those are completely out of Obama’s control, since he is clearly not suing himself. If Birthers don’t want the government spending money on Birther lawsuits, then they should stop filing them.

    You should kill yourself immediatly.

    Sorry no. But thanks for your kind words.

  15. HistorianDude says:

    @ MJFL

    Couldn’t our compassionate leader who cares about all of our health be ever so kind to reveal to the judge his long form BC.

    Why? Lakin already violated the UCMJ. He doesn’t get a “do-over” regardless of what is or is not “revealed” to the Judge.

    This case reminds me of a Few Good Men. Lakin is saying no to the Code Red and trying to uphold all the oaths he took when joining the army.

    The LTC went to jail in that movie too.

  16. HistorianDude says:

    Just as an aside…. it always is funny when Birthers insist that Obama or his “Obots” are “sweating.”

    In fact it is a running joke among anti-Birthers. We’ve been accused of “sweating” or “sweating bullets” for more than two years. In that period of time no fewer than 71 cases have been filed, countless fake grand jury pronouncements have been filed, hundreds of thousands of letters and blog posts and irate articles on Internet forums have flown by insisting that Obama is “sweating bullets” and “just you wait” the “show will fall” and there will be an “OMG moment” any day now.

    And yet the anticipated Birther break through still eludes you.

    Sweating? Only when laying in the sun getting a tan.

  17. Jeff says:

    Historian Dude: You administered a whoppin’. Nice work. My favorite birther lie is about the executive order. That one is so easy to debunk, yet these goofballs continue to make the assertion.

  18. DABIG says:

    HistorianDude,

    Certification of Live Birth vs. Certificate of Live Birth

    Perhaps it might be wise for you to re-read the title of the “document” supplied to the internet sources.

    A Certification of Live Birth is NOT a birth certificate A Certification of Live Birth, which IS what WAS put on the internet and has since been proven to be fraudulently produced, is given to those who have failed to produce a long form Birth Certificate i.e., the subject cannot prove what hospital and what doctor delivered him/her. Your continued attempts to claim Hawaii only gives out Certificates of Live Birth is incorrect (I have mine as many family members do) AND irrelevant.
    It’s common knowledge in Hawaii a “Certification of Live Birth” (which is what was posted on the internet) are given out
    to those born outside of Hawaii and the United States. You see, it’s how Hawaii has been cheating the system for decades
    giving citizenship to Illegal Aliens. Only problem is the ones who don’t live here weren’t aware of the difference.

  19. MJFL says:

    @Historian Dude

    You missed the point. The point is ‘what is the point’ of watching the POTUS use his power and strength, connections and funding to squash someone who with far less resources and connections. It’s like you playing Lebron in 1 on one, what is the point.

    Lebron would not play full on would he?

    So my point is why does a man with so much power need to squash Mr Lakin? Wouldn’t a real leader with character solve this issue another way.

    The gov of HI as already stated that she has seen the long form, so what could be the possible reason for a third party to verify.

    Yeah Mr Lakin is probably going to jail, must people that make a stand do go to jail. Jesus went to jail too.

  20. HistorianDude says:

    @ DABIG

    Certification of Live Birth vs. Certificate of Live Birth

    Yes, These are two of the many names for birth certificates. Others include , “Birth Certificate,” “Certificate of Birth,” “Certification of Birth,” “Report of Birth,” “Record of Birth,” “Standard Certificate of Birth,” and “Certification of Birth Record.” This is not an inclusive list.

    They all have one thing in common; They are all official birth certificates issued by American States.

    Perhaps it might be wise for you to re-read the title of the “document” supplied to the internet sources.

    Perhaps it might be wise for you to get a clue regarding what you choose to pretend to understand.

    A Certification of Live Birth is NOT a birth certificate A Certification of Live Birth, which IS what WAS put on the internet and has since been proven to be fraudulently produced, is given to those who have failed to produce a long form Birth Certificate i.e., the subject cannot prove what hospital and what doctor delivered him/her. Your continued attempts to claim Hawaii only gives out Certificates of Live Birth is incorrect (I have mine as many family members do) AND irrelevant.

    In that one paragraph you present us with at least four lies. I will correct each in turn:

    1. A Certification of Live Birth is a birth certificate both by law and by definition.

    2. Obama’s COLB has never been “proven to be fraudulently produced.” The “experts” who made that claim have both been exposed and amateurs and frauds without the tiniest shred of experience in document authentication or fraud.

    3. COLBs are given to anybody and everybody born in Hawaii who requests a certified copy of their birth certificate, even if they were born in a hospital and were delivered by a doctor.

    4. They are the only birth certificate Hawaii has issued since about 2001.

    It’s common knowledge in Hawaii a “Certification of Live Birth” (which is what was posted on the internet) are given out to those born outside of Hawaii and the United States.

    Ignoring that the law allowing such certificates passed in 1982, 21 years after Obama’s birth, common knowledge is meaningless when it is false.

    People born outside of Hawaii are not issued COLBs. They are issued “Certificates of Hawaiian Birth” (look, yet another title!). More importantly, the certificates they are issued show their actual place of birth , and do not say they were born in Hawaii. As Janet Okubo of the Hawaii Department of Health explained, “If you were born in Bali, for example, you could get a certificate from the state of Hawaii saying you were born in Bali. You could not get a certificate saying you were born in Honolulu. The state has to verify a fact like that for it to appear on the certificate.”

    You see, it’s how Hawaii has been cheating the system for decades giving citizenship to Illegal Aliens. Only problem is the ones who don’t live here weren’t aware of the difference.

    Hawaii laws and processes for getting birth certificates are not and never have been significantly different from any other state of the union.

  21. HistorianDude says:

    @ MJFL

    You missed the point. The point is ‘what is the point’ of watching the POTUS use his power and strength, connections and funding to squash someone who with far less resources and connections. It’s like you playing Lebron in 1 on one, what is the point.

    The President is using no resources to squash anybody.

    A commissioned officer in the US Army has missed movement, disobeyed his lawful orders, and become derelict in his duty. This is an affront to military discipline and a violation of military law. The Army is using their resources to effect discipline and punish criminal behavior. The point that we have been making repeatedly and that Birthers never seem to understand is that this is not an eligibility case. Lakin is on trial here, not President Obama.

    Lebron would not play full on would he?

    Lebron (like Obama) wouldn’t even play at all.

    So my point is why does a man with so much power need to squash Mr Lakin? Wouldn’t a real leader with character solve this issue another way.

    Obama has exactly nothing to do with LTC Lakin’s trial. And there is nothing Obama could do to resolve it. Lakin has already committed his crimes. He doesn’t get a “do-over.” regardless of what Obama releases or does not release.

    The gov of HI as already stated that she has seen the long form, so what could be the possible reason for a third party to verify.

    Yeah Mr Lakin is probably going to jail, must people that make a stand do go to jail.

    When their stand constitutes a criminal act, yes they must

    Jesus went to jail too.

    I’m sorry, but I’m just going to let that portrayal of Lakin as Jesus just sit there in its own blasphemous absurdity.

  22. Real American says:

    Nice job of completely avoiding the question of how something you claim was released two years ago not only needs to be “protected” but I’m sure you opposed being subject to discovery.

    We have your number. Go be a good little subject and kiss the emperor’s feet.

  23. Jeff says:

    Birthers: Hundreds of millions of dollars were spent in an effort to elect someone other than then Senator Obama. Hillary Clinton, John McCain, GOP, etc.

    So, my question is this: If it is so obvious that Pres. Obama is not a citizen of this country, how is it that this supposed truth could not have been revealed by all of the concentrated interests dedicated to seeing to it that Mr. Obama not become President. The lack of any persuasive answer to this question leads me to believe that you’re wrong. Also, regarding the birth announcement in the newspaper–do birthers believe there was a conspiracy at the time Mr. Obama was born? I really don’t know the answer to this one.

    Further, your irrational dedication to the subject (it’s irrational because there isn’t a scintilla of evidence that your efforts will ever reveal what you say to be true or lead to the President’s removal from office) leads me to believe that you’re cooks.

  24. HistorianDude says:

    @ Real American

    Nice job of completely avoiding the question of how something you claim was released two years ago not only needs to be “protected” but I’m sure you opposed being subject to discovery.

    Okay then, I will answer the question again, only this time I will type more slowly, use smaller words and hold your hand through every step.

    The records are protected by laws.

    The laws are old laws that have been around for a long time.

    The laws protect my records.

    The laws protect your records.

    The laws protect Lindsay Lohan’s records.

    The laws protect President Obama’s records.

    The laws tell government officials what they can or cannot do.

    They cannot release anybody’s vital records to just anybody who asks.

    It does not matter what anybody else does.

    Obama released his birth certificate two years ago.

    That doesn’t change the law.

    Government officials still cannot release the information.

    It is still protected, whether it needs to be or not.

    Now… I tested this line of reasoning on my 3rd grade niece.

    She gets it.

    Do you?

  25. Real American says:

    To Historian Dude,

    I guess I don’t. Most people I know don’t need something hidden that has supposedly already been released, let at great costs in money, careers and freedom. I didn’t realize that such behavior was completely normal. Next time I see a kid insisting to a security guard at Walgreens that he hasn’t stolen anything while refusing to empty his pocket “because he already produced a picture of what is in his pocket”, I’ll just assume without the slightest doubt in my mind that he is telling the truth and that there is absolutely no need to call the police. But since according to you it has been released, I’m still waiting for the name of the doctor who delivered him. I didn’t notice it on the online scan of the unverified document purported to be the equivilient of that which Obama, inexplicably, would rather spend hundreds of thousands hiding than simply release even though it supposedly says the same thing as the online document that he not only released voluntarily but chose to post on the internet. Your niece must be a genius.

  26. Real American says:

    The second good news is that 100% of those cases have been dismissed before trial… the single least expensive way for them to be disposed of. The bad news is that all of those are completely out of Obama’s control, since he is clearly not suing himself.

    More nonsense. The least expensive way to dispose of them would be to preclude the need for them in the first place and release his birth certificate, which is entirely within his control. Since it allegedly contains the same info as the online scan of the substitute document, it is absurd not to. At the very least, Obama is engaging in absurd behavior, as are you for defending it. Of course, people generally don’t spend so much energy for the absurd, which suggest the alternative that you and he are decepticons. Take your pick. You are certainly not going to convince anyone but yourselves that there is a sensible reason to hide that which is not a secret.

  27. Real American says:

    To Jeff,

    “Also, regarding the birth announcement in the newspaper–do birthers believe there was a conspiracy at the time Mr. Obama was born? I really don’t know the answer to this one.”

    The reasonable assumption is that it was part of a normal process of attempting to establish citizenship for someone who may or may not have been entitled to it. Not every “anchor baby”, for example, is being born here exclusively because their parents take the trouble in order to perpetuate a plan for their child to be president. The suggestion the birth notice could only have been part of a conspiracy to make an otherwise ineligible person president is an absurd strawman that is no more persuasive than the ridiculous notion that Obama already released his birth certificate, therefore its worth spending unlimited resources to keep it “protected”. There happens to be other reasons American citizenship is desirable.

    As far as no one raising the issue during the election, it is certainly the subject of much speculation. A couple theories were that deals were made in order to keep other things out of the conversation that might have been a liability to his opponents. In McCains’ case, that his NBC status is also suspect. In Hillary’s case, that she is an all around criminal on many levels, some of which they may have had evidence of. Waco? Dick Morris blurted something out the other day that sounded pretty bad. Who knows.

  28. HistorianDude says:

    @ Real American

    I guess I don’t.

    I really didn’t think you would. But it was just fair that I try anyway.

    Most people I know don’t need something hidden that has supposedly already been released, let at great costs in money, careers and freedom.

    And neither does the President of the United States. That is why it’s not hidden. It was voluntarily released more than two years ago.

    What you are asking for is not for something hidden to be revealed, but for something revealed to be revealed again. Third graders appear to understand the pointless redundancy of that. You admittedly do not.

    I didn’t realize that such behavior was completely normal.

    It is oft demonstrated that Birthers have no reliable conception of “normal.” Much of the long discredited Birther narrative is founded on a complete unfamiliarity by Birthers of ordinary events and things, and then allowed to persist by the unwillingness or inability of Birthers to educate themselves on the issues being discussed.

    Do not feel alone. About a quarter of the US population appears to share your same confusion.

    Your niece must be a genius.

    Compared to Birthers, certainly. But of course that is damning with faint praise.

  29. HistorianDude says:

    @ Real American

    More nonsense. The least expensive way to dispose of them would be to preclude the need for them in the first place and release his birth certificate, which is entirely within his control.

    And here we have hit the jackpot of willful Birther ignorance. This comment reveals one thing and one thing only… that you have never actually read a single Birther lawsuit.

    What possible credibility can any reasonable person give to an individual like yourself who invests so much time arguing this issue, but who then turns around and reveals that he he has never even done the single most fundamental thing to make a case; i.e. read and understood what the “leaders” of his movement are actually arguing?

    Because had you actually read even one of the 71 eligibility lawsuits that have been filed, you would know that with the single exception of Martin v. Lingle, not another Birther lawsuit would be “disposed of” even with a full release of Obama’s documents… yes, including his kindergarten records.

    Every single one of those lawsuits would have continued to trial because all of them had multiple, often contradictory fall-back arguments that do not depend on documents at all. You yourself have repeatedly (though poorly) argued the “de Vattel definition,” which in case you have never noticed does not depend on any documentation at all.

    So again, the point is made that 100% of those cases have been dismissed before trial… the single least expensive way for them to be disposed of.

    I have to say, it is a deep disappointment to me that you prove here to be a complete amateur among the Birther ranks. It was clear that your earlier responses were merely the nominally rewritten results of ad hoc google searches, but until now you had never betrayed such a genuinely intense unfamiliarity with your own beliefs.

    It is another demonstration of how Birthers actually do not care what is true. Their concerns are not with the Constitution, or the law, or the objective facts that they face. You care only about finding some loophole… any loophole… that will allow you to reverse the November 2008 Presidential election.

    Birthism takes “poor loser” to a whole new level.

  30. Jeff says:

    Best evidence that birthers are crazy: “The reasonable assumption is that it was part of a normal process of attempting to establish citizenship for someone who may or may not have been entitled to it.” Wholly unreasonable in my view.

    But find me one example of someone proven to have attempted this strategy, and I’ll listen.

  31. DABIG says:

    LOL, The obot “Historian Dude” is not up to date on his “facts” which is evident from his furious posts.
    What I have stated above is fact; Certification’s of Live Birth are frivolous and in essence mean just what the document title
    state. Nice try but failure.
    Without the hospital and name of the delivering M.D. it’s useless and not recognized in the U.S. as a legal document.

  32. Real American says:

    To Historian Dude,

    Actually, I have read quite a few of them. You are correct that they all want a lot more than his birth certificate, but they are all heavily motivated by suspicion relating to the fact that he has not even released it let alone all his other records that might shed light on the question of his eligibility and that he has managed to prevent every one of them from being heard on the merits. In the very recent Kerchner case, when asked why they shouldn’t make him pay costs, Apuzzo suggested that he should be heard as to whether the costs could have been mitigated by the defendants by their simply producing Obama’s records. The question of costs went no further the moment the court’s bluff was called. Regardless, I submit that if a single case had been allowed to proceed on the merits there would not have been nearly as many filed and, case in point, Lakin would not have felt compelled to do what he has done for the sole purpose of overcoming the question of standing that has stymied all other efforts, wisely or not.

    That said, your suggestion that Obama’s birth certificate has already been released and that this is sufficient reason to refuse to “re-release” it is simply ridiculous. It would make Bill Clinton proud. Talk about spin. You can dance around it all you want. It may seem reasonable to you, but, to many, it looks like desperate, disingenuous double talk. Obama’s refusal to release his birth certificate is the single biggest catalyst for all the controversy and suspicion that has been generated. The simple truth is that if Obama were the transparent president he promised to be, vs the most uncandid about his personal history in history, there would have been far less motivation on the part of the public to obtain answers via litigation. Yes, the public would also like a ruling on the question of natural born citizenship and who is responsible to ensuring that only eligible candidates appear on the ballot in the first place, (can you say Roger Calero?), but Obama’s stonewalling has fueled the fire more than anything else.

  33. HistorianDude says:

    @ DABIG

    Without the hospital and name of the delivering M.D. it’s useless and not recognized in the U.S. as a legal document.

    Unfortunately for your complete falsehood here, the United States Department of State (which happens top be the highest executive authority in the our nation on issues of determining who is or is not an American citizen) disagrees with you.

    In the case of Strunk v. DOS they have testifies in court under oath to the following facts:

    A COLB is absolutely a legal birth certificate.

    Obama’s COLB in particular is proof that he is a natural born American citizen.

    http://www.scribd.com/doc/17508463/StrunkDOS-GOV-ANSWER-17-20090423

  34. HistorianDude says:

    @ Real American

    Actually, I have read quite a few of them. You are correct that they all want a lot more than his birth certificate, but they are all heavily motivated by suspicion relating to the fact that he has not even released it let alone all his other records that might shed light on the question of his eligibility and that he has managed to prevent every one of them from being heard on the merits.

    Nonsense. They are highly motivated by the singular purpose of trying to reverse a Presidential election which had an outcome of which the plaintiff’s disapprove. The demand for documents is purely a fishing expedition created in the hope that something, anything might be found to discredit or embarrass the president, regardless of whether or not it actually has anything to do with his eligibility.

    And no matter how many times you repeat it, it is still a lie to claim that president Obama has not released his birth certificate.

    Regardless, I submit that if a single case had been allowed to proceed on the merits there would not have been nearly as many filed and, case in point, Lakin would not have felt compelled to do what he has done for the sole purpose of overcoming the question of standing that has stymied all other efforts, wisely or not.

    We all know the definition of insanity. Since the first Birther case was filed, the outcome of each and everyone has been exactly the same. Since the very first case filed the outcome of every single subsequent case has never for a second been in doubt. Your assertion here is that the same Birthers who have demonstrated their insanity by filing 70 subsequent cases expecting a different outcome would suddenly become sane and not file those same subsequent cases, also expecting a different outcome.

    Nobody with a grip on reality shares that opinion with you, and the cases themselves actually prove you wrong.

    That said, your suggestion that Obama’s birth certificate has already been released and that this is sufficient reason to refuse to “re-release” it is simply ridiculous.

    Are you even listening to yourself?

    You are calling the person who has already met the burden of proof “ridiculous” because they have correctly learned the lesson that their opponents have demonstrated. That lesson is that Birthers do not care about the legal documentation at all, and will not behave like reasonable people when it is presented.

    No, RA. Even Presidents know that it is wrong to feed the trolls.

  35. HistorianDude says:

    A follow up @ DABIG

    Without the hospital and name of the delivering M.D. it’s useless and not recognized in the U.S. as a legal document.

    1% of all births in the United States occur outside of hospitals. That’s about 45,000 births a year. Is it actually your opinion that none of those people can get legal birth certificates?

    Think about it before answering.

  36. Rickey says:

    @ DABIG

    Without the hospital and name of the delivering M.D. it’s useless and not recognized in the U.S. as a legal document.

    Wrong. I was born in New York State. My New York birth certificate contains less information than Obama’s COLB – no hospital, no name of the delivering M.D., no nationality or race of my parents. Yet it was sufficient for me to obtain a driver’s license, enlist in the U.S. Navy, register to vote, and obtain a U.S. passport. To this day I do not know the name of my delivering M.D., because I never thought to ask my parents for the name, and they are both deceased.

  37. Real American says:

    To Historian Dude,

    It would be a lot easier to accept your theories, which is all they are in the absence of discovery, a hearing on the merits or the proof that would come with the same, if Obama were not fighting so hard to prevent the release of his birth certificate, which has never been released. No, it has not. Any suggestion to the contrary is a big lie. Until I see an image of the original, with the delivering doctor’s name, something Obama has never released, all he has released is smoke and mirrors. It may very well be that the search for proof of Obama’s citizenship if motivated by a desire to see him expelled from office for reasons unrelated to his citizenship and it may very well be part of a fishing expedition. However, the movement is entirely fueled by Obama’s unreasonable lack of candor which is utterly inconsistent with his promises of transparency. Its not as if he has been reasonably candid to the point that the average person would give up trying to prove himself as you suggest. He has been full of double talk from the start. The reason people keep trying despite the fact that no one has succeeded is because they are each coming with and trying novel approaches to overcoming the “standing” requirement which has precluded a hearing on the merits in every case. Hence Lakin, wisely or not, now putting his freedom on the line to overcome the standing issue as to having a personal stake when asking for discovery. To date, no one has succeeded in obtaining a discovery order for documents that, in the case of most other presidents, would not be such a secret in the first place. This whole notion that everyone knows that there is nothing there and its just some insane harrassment is simply a dishonest argument intended to try to fool people into not questioning that which is highly questionable. Personally, seeing a reliable image of a document with the signature and name of the doctor who delivered him would go a long way. I don’t think this is crazy or unreasonable at all. People who have asked / demanded to see mine at times in my life certainly haven’t. The doctor who signed mine certainly think it was unreasonable or something that should be kept a secret at all costs. Talk about protesting too much. Why not fork it over and see? Funny how no one else in history has felt the need to resist such an effort to see otherwise typical information submitted by every American at one point or another. I don’t think he would be so uncandid if he had nothing to hide. Perhaps its something else. Either way, it is highly suspicious.

  38. HistorianDude says:

    Q Real American

    It would be a lot easier to accept your theories, which is all they are in the absence of discovery, a hearing on the merits or the proof that would come with the same, if Obama were not fighting so hard to prevent the release of his birth certificate, which has never been released.

    I offer no theories. I hammer the facts with persistence and uncompromising fidelity. It is a lie that Obama has fought the release of his birth certificate. It was released voluntarily over two years ago.

    Until I see an image of the original, with the delivering doctor’s name, something Obama has never released, all he has released is smoke and mirrors.

    We are all aware of your anomalous personal demands. They are of no more significance than your show size.

    Unless and until you come up with genuine evidence that contradicts the COLB, President Obama’s eligibility has been legally proven.

  39. HistorianDude says:

    Of course that should have read:

    “We are all aware of your anomalous personal demands. They are of no more significance than your shoe size.”

  40. Comrade Trotsky says:

    Dear comrades. Let me clear the air. Comrade Hostory (Dude?) is actually
    one of dedicated workers here at Comintern International (Dumocratic Party USA).

    He has been specifically trained in disinformation technique.

    Arguing with him is like urinating against Katrina force wind.

    The capitalist dollars Boris Obamovich spend on protecting his documents are
    only token payment towards BIG REWARD for furthering goal of world communist
    takeover (oops), reassigment.

    So, advice to capitalist pigs, keep your noses out of Boris Obamovich business or
    you GONNA’ report to Gulag 685885678979001.

    Have a nice socialist tommorrow.

    Comrade Trotsky.

    P.S. Anyone seen my pickaxe?

  41. HistorianDude says:

    Yawn.

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