birther Tag Archives — Court-Martial Trial Practice Blog

Oddity

October 26, 2010 | The Law Office of Philip D. Cave

Some years ago LCDR Walter Fitzpatrick was prosecuted and convicted at court-martial and later retired. After that he began a website called JAGHunter. Initially he used the site to lambast any of the Navy JAG’s involved in his case along with his commanders. Over the years there have been other oddities from the retired LCDR. He became involved in the birther movement. The retired LCDR has been vocal in his support of LTC Lakin. And more recently he was arrested and being prosecuted because he wanted to arrest some public officials for actions he didn’t like.

Fitzpatrick was arrested in April after he interrupted a closed door grand jury hearing in an attempt to make a citizens arrest of jury foreman Gary Pettway. Fitzpatrick felt Pettway and the jury was illegally blocking his attempts to indict President Obama.

Fitzpatrick has said he believes Obama is not an American citizen and is serving illegally as president.

LTC Lakin’s defense crushed in detail

September 2, 2010 | The Law Office of Philip D. Cave

I have just returned from watching most of the Article 39(a), UCMJ, hearing. (I left as the last item on the table was a defense request for Alan Keyes and LtGen McInerney.)

To say that the military judge destroyed the defense arguments in detail would not be an overstatement. Although the military judge did politely characterize the defense arguments as an “erroneous view of the law.”

The authority to issue orders does not depend on the qualifications of the President, any suggestion that it does is an erroneous view of the law.

LTC Lakin’s contumacy

May 13, 2010 | The Law Office of Philip D. Cave

safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect.

LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and the need for seniors to set the example. I’m reliably informed that in addition to formal counselings every effort was made pre-preferral to convince LTC Lakin to obey his orders. In the face of such contumacious behavior the Army had no choice but to prefer charges. Enlisted personnel are regularly disciplined, court-martialed, and jailed for the same or similar conduct and who have better reasons for their AWOL. Such a stunning lack of officership cannot pass unnoticed or undisciplined. Neither President Obama nor his administration has any role in this case at all. Should the administration try to get involved they should be told – politely – to butt out.

A LTC Lakin piece

May 9, 2010 | The Law Office of Philip D. Cave

Blogger Rainier4311 has a piece on LTC Lakin which is critical of Anderson Cooper’s interview. Regardless of the merits of the interview, the piece contains some interesting and uninformed comments on the military legal system.

This Article 138 discovery process must be done. LTC Lakin now has the right to discovery based on the Articles of the UCMJ. The United States Army is attempting to prosecute LTC Lakin just to cover their tracks because the Army has put other personnel out because of their refusal to deploy because the erroneously accused wanted proof of Barack Obama’s eligibility to be president.

In all reason, the controversy surrounding Barack Obama’s eligibility must be put to bed. Under Article 138, he is bound by both federal laws to prove his birth, and since he is, by all accounts the Commander in Chief, he is also bound by the UCMJ.

LTC Lakin

May 8, 2010 | The Law Office of Philip D. Cave

Obama Conspiracy Theories blog has this comment on the CNN LTC Lakin interview:

Paul Jensen, tried to imply things that were false by clever irrelevancies and innuendo, but he told one outright whopper:

In the state of Hawaii there’s a statute that allows anyone born outside the state of Hawaii, including in a foreign country, to obtain a Hawaiian birth certificate, at any age, by going back and filling out a form.

LTC Lakin update

May 8, 2010 | The Law Office of Philip D. Cave

LTC Lakin has made his CNN appearance. Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link. Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders. As DMLS points out there is a link to Mr. Jensen’s own website, Paul Rolf Jensen . . . Lead Counsel for LTC Lakin. That certainly should be admissible as circumstantial evidence of intent as to the missing movement charge. LTC Lakin’s supporters are not happy about the CNN interview, as this piece at World News Daily indicates. Frankly I wasn’t happy with it either as a lawyer who regularly defends clients at court-martial.

I thought I’d use this case as a way to refresh ourselves on how a defense counsel should approach an Article 32, UCMJ, hearing regardless of the accused or the charges. (I HAVE CREATED A LTC LAKIN PAGE here – which I will update as a relevant event happens or I have time.)

Cooper dominated the combative interview, demanding answers from Lakin, telling his lawyer, Paul Rolf Jensen, to let his client answer and then forging ahead with his own arguments.

LTC Lakin update

April 18, 2010 | The Law Office of Philip D. Cave

Here is another viewpoint, from a civilian, about the need to court-martial LTC Lakin.

The (Greeley, CO) Tribune opinion says:

When you become a soldier of the United States of America, you lose some of your rights.
Except in extreme cases, you no longer have the right to refuse orders of superiors. You don’t have the same freedom of speech that other Americans enjoy. You serve at the pleasure of your commander in chief.
Lt. Col. Terry Lakin, while exercising rights that many Americans enjoy, now needs to suffer the consequences for his actions. He has violated the requirements of his office.

Lakin update

April 14, 2010 | The Law Office of Philip D. Cave

GiveUsLiberty blog has this piece.

Hopefully Mr. Apuzzo has a similar depth of knowledge about the UCMJ, R.C.M., and Military Rules of Evidence, to his knowledge of constitutional law. Or will he dump that on learned military counsel, that’s another part of Article 38, UCMJ.

This comment evidences a lack of understanding of chain of command issues and the Rules of who does what and how it is done.

Birthers and de facto officers

April 9, 2010 | The Law Office of Philip D. Cave

Oooops, even his own family appears to be dissing’ him according to this report from The Greeley Tribune.

His Greeley relatives are putting distance between themselves and his birther campaign.

Lakin’s father Frank told the Greeley Tribune Friday that his son’s video wasn’t representative of the family. “This does not reflect the opinions or the attitude of the family by any means,” he said. “We’re Obama supporters.”

Off we go – another birther case

March 31, 2010 | The Law Office of Philip D. Cave

Family Security Matters reports:

A decorated active duty Army medical officer, Lieutenant Colonel Terry Lakin (selected for promotion to Colonel), is calling upon his chain of command and his Congressional delegation to force President Obama to release his original birth certificate. He is the highest ranking officer to go public over this controversy and in late February, was notified that he is subject to near-term deployment to Afghanistan.

A website, SafeguardtheConstitution.com, outlines his efforts to seek the truth and prepare for his legal defense. You can make a tax deductible (?) contribution to his defense fund here.