Bob Unruh, WorldNetDaily
A retired military officer who pursued all the way to the U.S. Supreme Court a legal challenge to Barack Obama’s occupancy of the Oval Office says the conviction and sentencing of an active duty officer who raised similar questions signals the end of the “rule of law” in the United States.
Cmdr. Charles Kerchner’s legal case, handled by attorney Mario Apuzzo, alleged that Congress failed its constitutional duty to examine the legitimacy of a successful candidate during the Electoral College vetting process on Capitol Hill. The Supreme Court ultimately decided not to hear arguments, leaving standing a lower court’s dismissal.
Now Kerchner has attended, and is analyzing, the military’s court-martial of now-former Lt. Col. Terrence Lakin, who refused to deploy to Afghanistan because of concerns that Obama consistently refused to document his eligibility to serve as commander in chief.
His comments came in an interview with Sharon Rondeau of The Post & Email.
The judge in Lakin’s case, Col. Denise Lind, ordered that Lakin could not raise the issue of Obama’s eligibility, could not seek through the discovery process evidence that would support him, could not bring in evidence to the trial and could not bring in the witnesses he sought.
The conviction, then, was assured before the panel of officers ever deliberated the question.
That means, warned Kerchner, “we no longer have a rule of law and a constitutional republic subservient to the fundamental law of the land, the U.S. Constitution.”
He explained how Lakin, before publicly challenging Obama’s eligibility to serve as president under the Constitution’s “natural born citizen” requirement – an issue that remains undocumented – had gone through every available channel seeking resolution.
“Terry had been questioning Obama’s eligibility for over two years, and not only did he go to his elected representatives; he used a formal path available to soldiers, filling out a form or writing a letter, to request a congressional inquiry,” Kerchner told The Post & Email.
Brian Fitzpatrick, WorldNetDaily
Even as Dr. Terrence Lakin was being processed at the Fort Leavenworth military prison Monday morning, well-wishers were bombarding Army authorities with requests for clemency.
According to Margaret Hemenway, spokesman for the American Patriot Foundation, the Army command in the Washington, D.C. area received “about 300 calls” by 12:30 Monday asking Maj. Gen. Karl Horst to set Lakin free.
As the commanding general in the Washington, D.C. area, Horst is the “Convening Authority” over the former lieutenant colonel’s court martial. The convening authority must approve court-martial sentences. Horst has the authority to accept or reduce the sentence handed down by Lakin’s court martial panel, or to order Lakin released.
Hemenway told WND that APF, the organization that created the “safeguardourconstitution” website to support Lakin during his legal battle with the Army, is launching a new effort called “Operation Free Dr. Lakin.”
“We’re encouraging people to call, write, email and fax Maj. Gen. Horst,” said Hemenway. “We are asking people to send letters and cards to support Terry,” Hemenway added.
Brian Fitzpatrick, WorldNetDaily
FORT MEADE, Md. – Breaking the law in service of a greater good has proven very costly for Lt. Col. Terrence L. Lakin.
The Army flight surgeon lost his career and his freedom today after exposing himself to court martial, in an effort to validate the military chain of command by determining whether President Barack Obama is constitutionally eligible to serve as commander-in-chief of the armed forces.
After deliberating four hours, an Army court-martial panel sentenced Lakin to six months in prison, forfeiture of pay and dismissal from the service.
On Wednesday, the panel had convicted Lakin of “missing movement” of an airplane scheduled to fly him to his new unit. On Tuesday, the first day of the trial, Lakin pleaded guilty to three counts of disobeying orders. All of the charges were felonies.
Lakin’s confinement began this evening and will continue for six months unless Major General Karl R. Horst, the general in command of Army troops in the Washington, D.C. area, decides to grant clemency or reduce the sentence. As the “court-martial convening authority,” Horst has the power to review the sentence handed down by the panel.
Because dismissal, the officer’s equivalent of an enlisted man’s dishonorable discharge, is considered a “punitive discharge,” Lakin is automatically entitled to appeal the sentence to the U.S. Army Court of Criminal Appeals. Lakin’s defense counsel has not yet commented about plans to appeal.
“The accused refused to deploy as a tool to score points for a political cause,” prosecutor Capt. Philip J. O’Beirne told the court martial panel before their sentencing deliberations. O’Beirne asked the panel to imprison Lakin for 24 months and dismiss him from the service….