Birther court-martialed

[Perky]

NBC reports that the Army will court martial a senior officer who refuses to deploy to Afghanistan:

Army doctor Lt. Col. Terry Lakin believes Obama does not meet the constitutional requirements to be president and commander-in-chief, because he believes (incorrectly) that Obama wasn't born in the United States.

Lakin refused this week to report to Fort Campbell, KY for deployment to Afghanistan, but instead showed up at the Pentagon, where he was confronted by his brigade Commander Col. Gordon Roberts, a Vietnam Medal of Honor recipient.

Lakin was informed by Roberts that he would face court martial, and his Pentagon building pass and government laptop computer were seized.


http://www.politico.com/blogs/bensmith/0410/Birther_courtmartialed.html#comments

[sharp_stick]

1. Good, I hope the prick

gets a few years at Leavenworth to rethink his little scheme.

[Bitwit1234]

69. He'll loose all those years of benefits GOOD GOOD GOOD

those government rights will be lost since he does not believe in a viable Commander in Chief...he won't have to take OUR MONEY..GOOD GOOD GOOD...And since he will be a felon when he gets out, he sure as hell can't vote for a republican or anybody else. That makes it doubly good good good.

[Patchuli]

105. Too bad we still have to pay to feed and house him

in military prison though!

[happygoluckytoyou]

106. IN A RELATED STORY birther will be getting the benefits of national health care in prison ! ! !

bend over and say ahhhhhhhh

[Patchuli]

113. Maybe he can barter for better care too? LOL nt

[bluestateguy]

2. I was starting to get concerned that they would wimp out of courtmartialing him

I'm glad to see that that was not the case.

Now throw the book at him.

[olegramps]

66. His lawyers are to consists of Limbaugh, Beck and Hannity.

A noted defense team that represents the worst aspect of America and whose defense will consists of insisting that Obama is an undercover Islamic radical terrorist born in Kenya of Communist parents. I could only hope that his defense team agree that the losing side be shot at sunrise.

[xxqqqzme]

70. No I think his lawyer is

Orly Taitz

[BethCA66]

83. Yepper. She was slapped with a Rule 11 violation...

and a $20K fine.

Rule 11 violations are pretty rare. The CA bar has also received an ethics complaint about her conduct.

Hope she's kept current on her dental continuing education classes...

[BethCA66]

93. And Taitz was uninvited to a SF Bay Area Tea Party um Party

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/14/MN811CUA8U.DTL">Birther Not Welcome at East Bay Rally SF Gate

Orly Taitz, an Orange County attorney who has gone to court many times to try to disqualify Obama, has been invited to speak Thursday at a Tax Day Tea Party rally in Pleasanton that is expected to draw thousands of people. Late Tuesday, organizers said that they had rescinded Taitz's invitation after questions were raised about her presence by candidates who had been contacted by the Los Angeles Times.

[donquijoterocket]

99. just an adviser

I think Oily will just be serving as an adviser to the three named above.Maybe Pro Bono and maybe just to be on standby in the case of a dental/real estate emergency. I'm pleased to see this development.Especially against a field grade officer.

[Rage Inc.]

81. Better yet, throw Orly Taitz at him!

He'll be asking for the death penalty after THAT!

[Perky]

3. Watch the crazies try to make a Martyr out of him.n/t

[Cirque du So-What]

6. You gotta die to become a martyr

It's not nearly as glamorous to rot away in the federal pen.

[niceypoo]

67. Even less glamorous to rot away in a military prison

[dem mba]

71. he'll be forgotten in a month.

which is why this is so sad. guy ruined his career over absolutely nothing.

[The Wielding Truth]

74. It's a real shame that he has been misled to this extent that he has

been fooled into relinquishing his career to falsely comply with an irrational
betrayal of his sworn duty to protect and defend.

I am also wondering, if this is not being used as an excuse to avoid deployment for personal and not moral grounds, that he will come to realize that his current argument will be shown to be indisputably wrong and he fell for propaganda and illogical gossip.It will again demoralize him for being so gullible to nonsense.

[AlbertCat]

87. if this is not being used as an excuse to avoid deployment for personal and not moral grounds

Tah =Dah!!!! Bingo.

[The Wielding Truth]

90. Humm, so the thought has crossed you mind too.

[dotymed]

82. You know they will.

I can't believe how insane all of this shit is. I think all of the soldiers should refuse to deploy but for humanitarian reasons, not insanity.

[yellowcanine]

4. Vietnam Congressional Medal of Honor Winner 1, Douchebagger Birther 0.

Need to shove that in the traitorous douchebagger birther faces.

[xultar]

5. Here I'd post a pix of a gigantic ass. Since I don't have one I'll post

[SkyDaddy7]

52. Now that is ONE BIG ASS!!

I hope he loses his retirement and does some time in Military Prison...Hard Labor!

[backscatter712]

7. Good, I hope they break this son-of-a-bitch.

Make an example out of this SOB and show the entire military what happens to those who play "Oath-Keeper" and defy the commander in chief.

[kysrsoze]

8. Good. What a tool.

[TheCowsCameHome]

9. You show 'em, Terry.....

...Show them what a real asshole you are....

[Kdillard]

10. Good enough with the nonesense.

[Vinca]

11. Proof positive you can be well educated yet dumb as a stump.

[Cha]

17. Exactly.

[Phx_Dem]

12. Good. Traitors deserve to be court marialed.

[damntexdem]

13. He's not exactly what I would call a colonel of truth.

But then, he may not remain a colonel for long.

[jberryhill]

15. Colonel Sanders had more integrity /nt

[NoSheep]

32. quit making me laugh! This is serious.

[jberryhill]

Okay YOU try to keep 27 herbs and spices secret

That's serious stuff.

[NoSheep]

102. quit it, you're killing me!

[liberaltrucker]

14. How did this idiot achieve the rank of Lt Col?

:shrug:

:banghead:

[CLANG]

60. All those years serving under a "white" president

[Geoff R. Casavant]

75. Simple -- he's a doctor.

Doctors get promoted just for longevity since they are in such short supply. At least, that's how things were run when I was on active duty.

[cojoel]

95. definitely

Doctors start at Captains, so Lt. Col. is a total of two promotions (with Maj. in between).

[Cha]

16. This is a Primo example of the birther/teabag,

willful ignorance that manifests into their own worst enemy.

[CaliforniaPeggy]

18. GOOD news!

Finally.

[TacticalPeek]

19. This is why God made stockades.

[madmax]

28. :rofl:

[old mark]

20. Refusing a trroop movement to a war zone is a very serious charge -

I believe they can still shoot you for it, but usually they will send you to a military detention center (very very bad places to be)for a long time, after removing rank, pay and accumulated benefits from service. This man may have thrown away 18 years of military service, plus his rank, plus find himself in a really hard time prison.

I thought for a while they were going to go easy on him, but it seems like they are not.

Here is information on the United States Disciplinary Barracks, Ft. Leavenworth, KS (where prisoners who are officers are sent)

:http://en.wikipedia.org/wiki/United_States_Disciplinary_Barracks



And another link on Article 87, UCMJ, Missing a Troop Movement:

http://usmilitary.about.com/od/punitivearticles/a/87.htm

[madmax]

30. Deserves court martial and dishonable discharge. nt

[joshcryer]

33. EIGHTEEN YEARS OF SERVICE?

Holy shit this guy was insane. :rofl:

Threw away so many benefits. Wow.

[old mark]

40. Yeah, the more you know, the dumber he looks....He could have retired with

20 years, but I believe they are very serious about making an example here.


mark

[CLANG]

62. To quote Barney Fife:

Nip it! Nip it in the bud! Nip it!!

[old mark]

65. He has no one to blame but himself. nt

[Ishoutandscream2]

68. 2 years left. 2 fucking years!!

I would have to say this guy is both insane and an idiot.

[Recursion]

44. Desertion is what gets you shot

Missing a Movement is a lesser charge, and the appropriate one here. It's the same thing they slapped on guys who missed deployments because they refused to get the anthrax or smallpox shots. Larkin seems to have kept his chain of command informed of his location and intentions, so this isn't desertion, at least.

[AlbertCat]

88. seems to have kept his chain of command informed of his location and intentions,

"so this isn't desertion, at least."


Unlike Dubya....

[CLANG]

61. This is what's waiting for him at USDB

[cojoel]

97. Read article 88!

“Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.”

[happyslug]

114. And the courts have upheld Article 88 and its predecessor under the old Article of War

Now, the Articles of War did NOT limit itself to Officers, it included ALL personnel in the Army (The former Articles of War only applied to the Army). When Congress adopted the Uniform Code of Military Justice in the 1950s, Congress put in the Word "commissioned officer" in place of anyone in the Army. The reason for this change is that during WWII the US drafted a person who admired Hitler and said anyone who opposed Hitler was a criminal. That sounds like Freedom of Speech but he was in the Army, drafted and an enlistee, but he was in the army and he was Court Martial ed AND the Court Martial was upheld by the Federal Courts of Appeal that heard the case. People did NOT mind that decision except that it was against a draftee and thus Congress changed the law to restrict it to "commissioned officers" only.

I bring up that WWII case for it upheld what is now article 88 of the Uniform Code of Military Justice (UCMJ) against the only legal challenged ever made on it and the Courts UPHELD the conviction (and the ruling came as WWII ended NOT while it was still being fought). As a "commissioned officer" he is clearly violating Article 88 and the courts will NOT uphold his comments as protected speech under the First amendment. If he wanted to attack Obama he had the opportunity to resign (Something the Defendant in the above case could not do for he had been drafted, thus the draftee had a stronger case against what is not Article 88 of the UCMJ then does this officer). Article 88 prohibits an office from attacking the President while he or she is holding his or her commission. You can NOT be a "commissioned officer" and attack the President, if you want to attack the President then resign your commission and thus avoiding article 88.

[Joe Bacon]

21. Yet this "patriot" gladly took orders from someone who went AWOL!

One would think that someone would be consistent in refusing to take orders from any president who was illegitimately installed :sarcasm:

[PopSixSquish]

22. So I Looked Up Colonel Gorden Roberts, This Idiot's Commanding Officer

The good colonel is the recipient of a Bronze Star, a Silver Star as well as the Medal of Honor. He actually left the Airborne to be a social worker and returned to active duty in 1991.

Having known several Airborne folks in my life, I'm guessing that he considers Lt. Colonel Terry Lakin a disgrace to the uniform and a coward.

Oh to have been a fly on the wall when Colonel Roberts confronted Lakin...

[hardtravelin]

85. I know COL Roberts.

He is a good officer and the real deal. Your assessment is probably correct.

[Aristus]

23. I wish I could be President Obama for just one day.

The day that I'd offer this guy a pardon. "Colonel Lakin, I was going to pardon you, but evidently, you don't think I'm Constitutionally eligible to sign a Presidential pardon. Sorry about that. The original sentence will have to stand. Good luck..."

Man, I'd f*****g LOVE to be able to do that to this asshole! B-)

[That Is Quite Enough]

24. Hahaha, awesome. Truckin' birthers.

[BrightKnight]

25. That was way over the line.

They need to come down on him like a megaton of bricks. This is a constitutional democracy! This in not some military run banana republic. I don't care what his personal politics are. Senior officers don't play those games.

[ZombieHorde]

26. Takes guts to face a court marshal for your beliefs,

too bad his beliefs are stupid.

[struggle4progress]

34. Somebody talked him into it. Wingnuts have been pushing

this for some time now. The money's coming from somewhere. Somebody's scouting out marginally sane folk, convincing them that tactics like this have a good chance of succeeding, and using the resulting cases to organize other nutcases. Somebody's convinced him his case will be a slamdunk and will make him a hero. They'll get a few months of noise from his case, then drop him cold and recruit another marginal sucker for the same game. It's not new stuff. It's sad, but it's an old old gambit

[Jennicut]

57. I'm sure he was paid off to do it.

Either that or crazy to throw an 18 year career down the drain.

[nxylas]

92. Well quite

If he'd just said "I oppose this war because I believe it's illegal", most DUers would probably be cheering him on. However, he had to go and add "because the President is a Kenyan Muslin socialist", the fool.

[Major Hogwash]

27. Him and Palin deserve each other.

He'll also write a book and become a Fox contributor within the year.

[tblue37]

31. Does FOX broacast from inside Leavenworth? nt

[madmax]

29. Most likely this will not be posted

at the batshit crazy wing of freakrepublic.

[davidpdx]

35. I'm glad the followed through

Hope they will do the same for anyone else that is or was batshit enough to do this.

[Dank Nugs]

37. Good luck w/ that.

The only way he's going to be able to justify his refusal to follow all lawful orders and leave politics at the door is by contesting the constitutional basis of the President's orders. That's a pretty high standard to surmount. The burden of proof will be on him. This birther movement is nonsense though. Obama was born within US jurisdiction and has US citizenship. His authority as President of these United States is beyond contestation.

[davidpdx]

38. I'm not sure if you got the point of my post

I'm actually glad they are going to court marshal him.

[Dank Nugs]

39. Oh, I got it

The "good luck w/ that" was kinda directed towards the Col. being court-martialed. There is no way in hell he'll be able to argue that Obama's orders are unconstitutional and that he's an illegitimate President.

[Hekate]

36. I hope they make an example of him, and I hope he quotes FOX and Limbaugh to the court

:eyes:

This has gone entirely far enough.

Hekate

[boppers]

41. How's that Hopey-Changey working out for *him*?

Whoops.

[rasputin1952]

42. I feel no empathy for this individual...

While I generally empathize with those who have convictions to the point where they will stand up to authority to remain true to their principles, even if I disagree w/those principles, some things just cross a line that should never be crossed.

In this particular case, for this individual to make a stand against empirical proof has me wondering how he got to LTC in the first place.

FWIW, his career was over the moment he refused deployment with the unit. He would never have gone over LTC at that point, and would most likely be relegated to some paper pushing job while he sat out the last 24 months till his retirement. No one in the military would have had any respect for him, even if he decided to deploy w/the unit he was assigned/attached to; soldiers pick up on things like this instantaneously. His effectiveness was nullified the moment he made the statement he would not deploy.

As for the charges, if he is found guilty, (seems like a foregone conclusion), depending on the charges, he could face loss of rank, all pay and allowances, 1 or 2 years in Leavenworth, (missing a movement), or he may be charged with a more serious offense, it's up to JAG to decide what charges will actually be filed, but knowingly missing a movement carries a maximum 2 year prison sentence. Refusing direct, legal orders is something else again, and can be tacked on as well as other charges.

In any case, his 18 years of service are now history, all of what he has accumulated will be taken from him, even if he does not spend 15 minutes in prison. I'm figuring, the CM will "make an example" of him and he's looking at hard time. The Army takes a dim view of Field Grade officers making the Army look bad. It's one thing for a lieutenant to make an error in judgment, something entirely different when it's a Field Grade w/18 years in.

This guy is going to burn, and he'll get no sympathy from me.

[hobbit709]

43. +100

[shanti2]

48. My ex brother in law did the same thing.

He never showed up for his ship leaving Florida for overseas.
He was let go and now has a dishonorable discharge. I think
that is the only thing they did to him as he was a low ranking
E-3 or such. Now I get to rub it into his face that I served
the Army and got great benefits while he gets NONE. He tried
to get his discharge changed but the Navy said NO.

[Dank Nugs]

45. Has he submitted to a Psychological Assessment?

Well, they did swear an oath to defend the Constitution against all enemies foreign and domestic. They also have a constitutional responsibility to refuse illegal orders. So, how old is this guy? When does Alzheimer's or Dementia kick in? Maybe he's got that? You know.. old man listening to the birthers, but not quite all there upstairs?

[DiverDave]

46. He thought the repukes would save him

but they wont.
Good riddance I say.

[florida08]

47. what has happened to some people?

A vet of 18 years? I never would have thought that electing a person of color as president would cause people to lose their minds.
The sad part is he doesn't even realize the enormous conspiracy he's suggesting that would have to happen to cover up a foreign birth.

[AlbertCat]

89. what has happened to some people?

They saw a black man elected as C&C.

[zipplewrath]

49. Corporal New

This guy really should have looked up the history on Corporal New, who refused deployment under Clinton. It never worked out well for him. And as others have suggested, they went light on a Corporal, a Colonel is gonna wanna think twice about this action. He should have at least spoken to a lawyer, there were legal means to challenge the deployment. (Not that he would have had a prayer of course)

[beac]

51. Maybe he spoke to "lawyer" Orly Taitz.

:rofl:

[beac]

50. Good. Although I am rather shocked that he's been allowed a government laptop and Pentagon pass all

this time. They should have been seized on 4/1 when he first went public w/his refusal. Or maybe everyone thought it was a VERY bad April Fool's joke?

Well, the joke's on you, Lakin. Enjoy your disgrace and dishonor, you racist nutjob.

[political_Dem]

53. There is an ugly side to this.

Some whacko is going write a song about him just like the "Ballad of the Green Berets". Not only that, some RNC politician is going to make this traitor into a hero to keep on legitimizing the cause of the "Truth movement".

Don't be surprised if this idiot becomes a media darling just like Faux Plumber Joe.

[sui generis]

56. What evidence do we have that he really IS a birther

other than the article? I mean, background-wise. It just seems really odd . . . for an MD to suddenly become a hysterical mouthfrothing "birther". Maybe he was just seeking a dishonorable discharge, and mission accomplished, private sector pay.

:shrug:

[political_Dem]

59. That's a rational response to this sordid affair. Logic is good.

However, it takes all types. And just like the nutjob in Florida who refused to treat patients supporting Mr. Obama, this is yet another doctor that has had a tinfoil hat perpetually welded to his head.

Which makes one a little wary about finding good medical services these days.... ;)

[CLANG]

63. Education and critical thinking abilities don't necessarily go hand in hand.

[jmowreader]

94. He won't like the private sector pay he gets after he's released

Courts-martial are federal courts, and if you're convicted of one (like this man is about to be) you're left with a federal felony conviction on your record. Felons can't hold medical licenses in any state in the Union.

"Mission Accomplished" for this man is going to be stocking Epsom salts at the nearest Target.

[sui generis]

96. yeah I don't think he thought it would go all the way to courts-martial.

either way - not the sharpest marble in the bag.

[jberryhill]

100. No, that's what he WANTS

Birthers believe he will be entitled to subpoena all sorts of records in his defense.

He WANTS a court martial.

They don't seem to understand that it will not work that way.

[sailor65]

104. No, they are not

They are entirely independent of the civilian court system and a conviction in a Court-Martial does not equate to a Federal felony. This member may be court-martialed and still receive even an honorable or general discharge depending upon the agreements made. Either way he will not lose his medical license or any commensurate privilege in the private sector.

[NavyDem]

108. It depends actually...

A military court-martial conviction is generally considered a "felony conviction," if the maximum permissible punishment for the offense is one year or more in prison. <snip>

For those convicted by a General court-martial, or a Special court-martial (May 2002 and later) may have a "felony conviction," depending on the maximum punishment authorized for the offense, under the MCM.

Source: http://usmilitary.about.com/od/justicelawlegislation/f/felony.htm

[jmowreader]

111. Sailor, this guy ain't gonna get an honorable discharge

Right now you've got a team of JAG lawyers in the Pentagon going, "we have to go all out. This situation calls for a completely futile and stupid gesture to be made on someone's part."

I see three ways out of this and none of them are very good...

First way: They really stick it to this asshole. I think they'll charge him with (at minimum) missing movement, failure to obey a direct order, insubordination, and conduct unbecoming an officer and a gentleman. He'll man a kettle in the Leavenworth kitchen for five years, get his release and wind up stocking dog food at Petco.

Second way: They DON'T stick it to this asshole, and everyone in the military suddenly becomes a birther. If you can get out of going to war simply by saying you don't think the president is legitimate, every person in the military will say they don't think the president is legitimate...which will give Orly even more ammunition in her little crusade to unseat the president.

Third way: The president finally gives in and asks the Hawaii Division of Vital Statistics to send him a line shot of his "vault" birth certificate. The birthers will then claim one of three things: it took them two whole years to forge a birth certificate, Obama's parents paid big money to have their son's birth certificate forged, or the fact he has a Hawaii birth certificate proves nothing because, after all, the State of Hawaii will issue anyone a birth certificate. We have two other problems here: the physician who delivered little Barack has passed away, and the hospital he was born in is no more. If a legal document from the State of Hawaii and a birth announcement in two major newspapers aren't enough for these dickheads to admit he's a natural born citizen (remember, they've also posited the theory that Obama is not eligible because his mom was younger than 21 in 1961 and his dad wasn't an American citizen as "proof" that his being born in Hawaii isn't enough to make him eligible to be president) then nothing will.

It's at times like these I really wish we would have elected Hillary Clinton. NO ONE would be pulling these fallacious arguments out about her.

[iamjoy]

58. Kind of What I'm Thinking

I'm reminded of like Oliver North, a convicted felon who is seen as a "hero" by many who believe what he did was just.

Anyway, I see something similar happening with Lakin. Whatever happens in the court martial, he will be a hero to many and evidence of a sinister Obama machine going after its enemies. To others Lakin will remain a whack job and/or criminal.

follow up on North:
I believe his convictions were later overturned thanks (in part) to the ACLU - you know that liberal organization vilified by Conservatives until they need it. Still, he was slightly toxic to "mainstream" Republicans

[florida08]

72. one person supports him

http://www.youtube.com/watch?v=KZ1UaWIoQuA

"thank you sir..have a great day"..lol yeah ok

[florida08]

73. well

for some reason it has been removed.

[Javaman]

54. Ouch. birthers just hate it when they are called on their bullshit. LOL

what a willfully dumb fuck.

"you lay down with dogs, you get up with fleas".

[sui generis]

55. What an odd notion upon which to make a last stand.

I mean, the guy is a doctor. Presumably there is some ability to observe, analyze and conduct a differential diagnosis in his upstairs wiring, and yet he picked this one extremely weak idea on which to risk his crebility, career, and education.

Methinks either he has a brain infection, or, Occam's razor and the lack of other supporting background in the article says he's not really a birther but he's using it to get out of the army and duty to Afghanistan. If that's the case and he's playing everyone, I don't think he expected a court martial to result.

[hughee99]

77. Well, if he just wanted to get out of duty,

he could have claimed that this war is illegal, and to participate in it would make him a war criminal.

[AllyCat]

64. To the brig

[cojoel]

98. well, the stockade in the land forces :)

[AllyCat]

109. How about both? That would be awesome

[polichick]

76. Well good - give these crazies an inch and they'll take a thousand miles. nt

[Brewman_Jax]

78. Good

These damned birthers need to be pounded. The good doctor has time to consider his situation--a court-martial conviction will be a felony conviction, in addition to the jail time and dishonorable discharge. All are enough to have his medical license pulled with no hope of reinstatement. No retirement, pension, or benefits. He might be lucky enough to find a job stocking shelves or a greeter at a BigBoxMart.

Also, in most states, convicted felons can't vote.

hey, Dr. SFB (shit-for-brains), where was that "patriotism" when the deserter G.W.Bush* lied us into war? :eyes:

[smoogatz]

79. Send him to Leavenworth to break rocks for a few years.

Where the fuck was this guy when George W Bush, unconstitutionally appointed to the presidency by five conservative members of the Supreme Court, sent thousands of his fellow servicemen and women off to Iraq to be maimed and killed under false pretenses? Where was this asshole's sense of moral rectitude then? This guy is a bigot and an idiot, and whoever is giving him legal advice is an idiot, too.

[whatacountry09]

80. GOOD! and...

I hope he gets a dishonorable discharge WITHOUT BENEFITS just like they do to our Gay/Lesbian Service Men and Woman who fight for US and OUR COUNTRY and get kicked out... just because they are GAY! F HIM!
:bounce:

[anachro1]

84. He should sidle up

to old Oily Taint. See if his situation improves.

[jimshoes]

86. Too bad, so sad....

Not really. Hope he goes to prison for a long time.

[UrbScotty]

91. But WHY? It's not like he's GAY!!!

Isn't being gay the biggest crime one can commit in the military?

:sarcasm:

Really, it's nice to see people punished for reasons other than who they love!

[Fresh_Start]

101. please tell me he loses his medical license

due to his insanity.

[Solly Mack]

103. Good. Take his benefits too.

A court martial doesn't necessarily mean you lose your benefits.

[BootinUp]

107. Doh!

[BlueIdaho]

110. Show of hands...

Who thinks this guy is just a chicken shit that doesn't want to be deployed overseas?

[DFLforever]

112. + 1 hand

:thumbsup: