Army Lt. Col. Terrence Lakin: Birther, Oath Keeper, Newest Astroturfer

The noble-sounding but mysterious organization Safeguard Our Constitution has sent out a noble-sounding press release today launching a fund-raising effort for a defense fund for Lt. Col. Terrence Lakin. Evidently Lt. Col. Lakin is having difficulty living with his oath to uphold the Constitution because he claims President Obama has not sufficiently proven that he is a natural-born citizen.

Safeguard Our Constitution claims to be part of the American Patriot Foundation, a non-profit organization established in 2003. Other than the initial return, no other official filings have been made.

From the press release:

"I am today compelled to make the distasteful choice to invite my own court martial, in pursuit of the truth about the president's eligibility under the constitution to hold office", said active duty Army Lt. Col. Terrence Lakin. The American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, immediately announced it has set up a legal defense fund and will provide Lt. Col. Lakin with a top-flight defense team.

I'm not going to address the birther aspects of this nonsense again. It's nothing more than an effort to de-legitimize the President and keep the ignorant masses stirred in frothy stupors. Nothing I say or show would convince a dedicated birther otherwise, or even an Oath Keeper.

Despite the fact that Lt. Col. Lakin is a highly-decorated, high-ranking officer of the United States military who also happens to be a doctor in charge of surgical services at a large TriCare facility in Washington, DC, he's wrong. Wrong, misled, and part of a larger astroturf project.

Let's start with the "top-flight defense team". While I'm not an expert in military law, the research I've done indicates that most court-martial proceedings also require defense counsel to be provided by the Army. So why the need to raise funds for a 'top-flight' team? I might also ask what flight of fancy it is that would prompt any lawyer worth their diploma to defend a case where the courts have repeatedly rejected the claim that President Obama was born anywhere other than Hawaii. (Update: I have been told that it's not unusual to hire outside lawyers for court-martial defense, though I still wonder why any lawyer would take it...)

A closer look at the non-profit organization sponsoring this fund drive:

American Patriot Foundation

American Patriot Foundation was founded by former New Hampshire Senator Bob Smith, who resurfaced last year as Project912's candidate for the Florida Senate seat against Marco Rubio and Charlie Crist. Last Friday, he announced his intention to withdraw from that race.

The contact on the press release is Margaret Hemenway, one of Smith's former staffers who also worked for NASA and the Department of Defense. Hemenway is not shy about her own rabid birther beliefs, or those of her father, John D. Hemenway, Esq., who was recently reprimanded by the court for wasting its time with these nonsense birther lawsuits (see more here).  Ms. Hemenway writes for FamilySecurityMatters.org, where she published the letter her father wrote to Rupert Murdoch last May. Here's a juicy excerpt:

Obama has produced no documents at all that would support his claim to eligibility to office. Is it no longer responsible to claim that “the public has a right to know the truth?” Moreover, even if born in Hawaii, as he claims, Obama’s travel to Pakistan (when Americans reportedly were banned from travel there) in 1981 raises other, complicated issues.

Hemenway is hawk-right militant. She despises gays, opposes climate change legislation or even study, thinks detainees don't deserve lawyers, and puts Israel over all. A classic neocon in the classic sense of the word in the classic style of Dick Cheney and Karl Rove.

Why push this now?

The neocons really, really hate the fact that Obama's foreign policy is working. He smacked Netanyahu, appears to have scored a top Iranian nuclear scientists' defection, is cleaning up Iraq and Afghanistan, and has Defcon V Neocon Extraordinaire John Bolton in a twist over the idea that we might actually negotiate a treaty with Russia that decreases the number of nuclear weapons in our arsenal.

Add the inevitable repeal of DADT and current military leaders' support for that repeal, stir it with a dash of neocon bloodlust, and whip in some birther anxiety with a dash of racism. There you go: a recipe to revive birthers once again.

It seems suspicious to me that Smith would drop out of the race on Friday, revive his dormant non-profit on Monday, and launch a fund-raising drive to defend a treasonous birther on Tuesday.

If this highly-decorated medical doctor refuses to serve under our President he should be court-martialed, jailed and stripped of all honor. Politics uber alles is not patriotic, and should be rewarded accordingly.

His video explanation is below. It's sad to me that such a cynical and ignorant attack as this comes from someone who should be honored for his service.

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Comments

[Gunfighter]

Good. Let him be unmasked so he can be shit-canned like the useless officer that he is. He needs to be cahiered immediately because he no longer has the moral authority to command soldiers.

[Cassandra-Was-Right]

It's too bad that this silly man is a Lt. Col. and therefore might get more press than the average wingnut. Gunfighter is right: if he can't serve his commander in chief, he should quit immediately. If he doesn't quit voluntarily, he should be removed from service dishonorably. In any case, not a penny of taxpayer money should be spent on his prosecution or his defense.

And just FYI, travel by US citizens to Pakistan has NEVER been forbidden. Sigh.

[E Glenn Harcsar]

Hi, I just linked in to this site.

Being born in in the states simply makes someone a native born citizen ( like my dad); one needs two citizen parents as well to be considered a natural born citizen ( like me and my siblings). It is ( as one somewhere once phrased it) our first national security measure against the potential influence of foreign prince.

In Obama's case he claims one Kenyan parent( not exactly a prince, but a subject of Britain at the time). Simple. Not eligible.

Too bad. I like the guy. As do many.

I just wish the movers and shakers who groomed Obama for this leadership role had picked better. The cover ups, buy offs, and smoke screens can not survive the modern age. The information is just too readily available on the web for it to stay out of the eyes, ears, and then the minds of all Americans. We have been set up for a great betrayal by a man and by a political machinery who won't survive on just our forgiving devotion to save them from the treason that they have knowingly committed.

I'm just thankful that the framers let us have a go at changing our constitution over time through the amendment process. A progressive world needs a progressive document. It makes revolution and coups unnecessary.

And protects us in the meantime from those who might try.

[Julie Pippert]

E Glenn Harscar, let me quote a few things that might clear up your misunderstanding and misinterpretation of "natural born citizen" that will hopefully help you sleep better at night about Pres Obama:

Qualifications to run for President of US:
"Age and Citizenship requirements - US Constitution, Article II, Section 1

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

Term limit amendment - US Constitution, Amendment XXII, Section 1 – ratified February 27, 1951

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."

Natural Born Citizen (source: http://www.usconstitution.net/consttop_citi.html)
"The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"

Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example."

Clearly, President Obama does in fact qualify as eligible. So put this matter to rest and focus on current events and issues. Otherwise you just sound misinformed and gullible, which some who are not as diplomatic and kind as I might quantify as stupid.

[Cynematic]

E Glenn Harscar: you seem to think a necessary requirement of citizenship is that both parents must be citizens themselves.

That's patently false. Children of immigrants who are born on American soil are citizens by birth.

Were you this fixated on John McCain's birthplace (Panama) when he ran for president? Something tells me no.

[E Glenn Harcsar]

Actually, when I cast my vote for Ralph Nader in 2008 I did so because I knew he was the only candidate on my state ballot that cleared the constitutional hurdle.

Regarding "Title 8 of the U.S. Code [that] fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:" "
I read it at its face value defining "citizens of the United States at birth" (Like my dad, who was born here the son of an immigrant, as I wrote in the first post.) It does not define "natural born citizen" as required by our Constitution.

And BTW "fills in the gaps left by the Constitution" rhetorically is a very sneaky move. Only SCOTUS has this job. In time it will in this case too( and many others working their way through appeals.)

Moreover . The enlisted's oath swears to obey orders. The officer's oath demands that he question, confer, and countermand orders as he sees fit. All swear allegiance to protect and uphold the constitution. No one has every been asked to swear allegiance to a man in order to serve our country.

Lastly "natural-born" is a medical term defining how one was delivered, as opposed to a C-section. "Natural born" is a term used by Vattel in Law of Nations, used by our founders to impose a higher standard of loyalty upon those seeking the office of President.

I guess I'll check in later after work:) Being called even in a roundabout way misinformed, gullible, stupid, and fixated doesn't deter me yet.

[Karoli]

While I respect your loyalty to the Nader Purity Corps, Im afraid the courts simply do not agree with you on this one, nor does the law square with the courts interpretations of it. Yes, theres an effort to poke at enough courts in the hope that one might find one willing to step outside the law and interpret the phrase natural-born as stepping back one generation, but for the most part, its really just an effort to de-legitimize and weaken the President. SCOTUS has already declined to hear arguments, so its a windmill-tilt, which is something Nader is exceptionally good at.

[PorkRoll]

Yes, they might be citizens, but they are not "Natural Born Citizens" which is a very, very narrow subset of citizenship which comes from birth on the soil of the country as well as birth to two citizen parents.

If Obama's father is who Obama claims he was, Barack Obama, Sr., then Obama is not and never can be a "natural born citizen" and can never legally be the president of the United States. Beyond the fact that he probably wasn’t born in Hawaii like he claims (and has spent almost two million dollars covering up), he can never be a “natural born citizen” since his father was not a US citizen. Instead, he is an illegal usurper.

On October 27, 2009, Obama's Perkins Coie (law firm defending him against natural born citizen lawsuits) bill was up to $1.7 million dollars according to FEC filings. http://www.wnd.com/index.php?fa=PAGE.view&pageId=114202

Since John McCain was born in Panama, Congress investigated whether he was a "Natural Born Citizen" and determined he was. If McCain was investigated this way, why not Obama? What gave him an exemption? He was obviously more likely to not be a "Natural Born Citizen" but he escaped scrutiny. Interesting, isn't it? Especially this interaction between DHS Chairman Michael Chertoff (a former federal judge) and Senator Patrick Leahy:

Chairman Leahy: "You are the head of the agency that executes Federal immigration law. Do you have any doubt in your mind–I mean, I have none in mine. Do you have any doubt in your mind that he [John S. McCain] is constitutionally eligible to become President?"

Secretary Chertoff. "My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen." Chairman Leahy. "That is mine, too. Thank you."

“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I recently asked Secretary of Homeland Security Michael Chertoff, a former Federal judge, if he had any doubts in his mind. He did not.”

http://leahy.senate.gov/press/200804/041008c.html

Let's hear that again, shall we: "Because he was born to American citizenS, there is no doubt in my mind that Senator McCain is a natural born citizen. I recently asked Secretary of Homeland Security Michael Chertoff, a former Federal judge, if he had any doubts in his mind. He did not."

Interesting that you Obama apologists constantly try to use the 14th Amendment and cases that depend upon it, like Wong Kim Ark, to justify him as a "natural born citizen." From John Bingham, father of the 14th Amendment of the Constitution that further defined citizenship, is this quote from his Congressional speech in the House on March 9, 1866: "I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of the Constitution itself, a natural born citizen;"

http://lcweb2.loc.gov/cgi-bin/ampage?collId=llcg&fileName=071/llcg071.db&recNum=332

Also reference Minor v. Happersett where the Supreme Court boldly proclaimed that a Natural Born Citizen was one born in country by two citizen parents:

"The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts."

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/minorvhapp.html

Obama is a usurper and must be removed from office. His first act was to violate the very Constitution he swore to uphold. He is an enemy both domestic and foreign.

[PorkRoll]

Hey Julie Pippert,

You "experts" always seem to pop up on threads that involve Obama's eligiblity with all of these canned answers and replies. So let me ask you something. Do you work in any way for Barack Obama, Perkins Coie, or the Executive branch of the government or receive any funding for the representation of such? In other words, do you get paid to represent your point of view on these boards? It seems too coincidental that all of these "experts" so versed in this subject come out of the wood work and have a smarmy answer for every question surrounding Obama's eligibility.

[PorkRoll]

And to Karoli,

I believe you tried to link to Obama's Certification of Live Birth that was displayed on the Internet. First of all, it's a sham. Second of all, even if it were real, it's not proof he was born in Hawaii. Certifications of Live Birth were given to people born outside of Hawaii and people born out of country as well. They simply say they were born. They are NOT birth certificates and are not legal forms of ID. And this is where the whole hubbub about the birth announcement in the Hawaii newspaper comes from. When someone registered a birth, any birth, to get their Certification of Live Birth, an announcement was automatically generated and sent to the newspaper and printed.

[Patrick McKinnion]

E Glenn Harcsar - Actually the original French of de Vattel's "Law of Nations" never used the phrase that translates into "natural born citizens". The English version of "Law of Nations" that does use that phrase wasn't published until ten years after the US Constitution was ratified.

Further more, US law, US legal codes, and US case law recognize only two types of US citizens:

1) Natural or Native Born, being people who were born with US citizenship though either blood (jus sanguinis) or soil (jus soli) There is no requirement for both, and jus sanguinis requires only one parent to pass it with. There is no two parent requirement.

2) Naturalized US citizens, those that have renounce their birth citizenship and taken on US citizenship as adults.

The first can be President, the second cannot. By virtue of birth in the United States, Barack Obama is, according to established US law, a Natural Born US citizen (jus soli).

PorkRoll - The claim that the State of Hawaii COLB is a "sham" or forgery is due to the claims of two nameless, faceless, internet "experts", "TechDude" and "Polarik". Neither have provided any proof or evidence to back up their claims, and both have been dismissed by real forensic experts as "Junk Science". There is more evidence to support the claim that Obama was born in Hawaii then there is to support any of the claims of "Polarik" or "TechDude".

The Hawaiian State law allowing COLB's to be granted to births outside of Hawaii was passed in 1982, long after Obama was born. In those cases, according to Hawaiian State Law, the COLB gives the actual place of birth, and in the case of births outside of the US, is clearly marked that it is not proof of citizenship. The scan of the COLB posted on line states a Honolulu, Hawaii birth and that the original is prima facie evidence of citizenship. A State of Hawaii COLB is legal proof of birth and citizenship, accepted by all 50 states and the Federal Government. (I will note the documentation that LCol Lakin posts on line as his "birth certificate" clearly states it is a Certificate of Live Birth from the State of Colorado. By your logic, that's not a legal "birth certificate" then.)

[Julie Pippert]

PorkRoll, I'm flattered! Biggest compliment of the day that I could be employed by any of them, thanks! I'm not, though. Also I'm a regular here, versus someone who so-called popped up. I don't recognize you but am happy you took the time to stop by, read, and comment. Oh and call me an expert. :) I confess I just went straight to the sources and copied and pasted. I love how easy it is now to find facts on the Internet.

[Donna]

The assertion that I'm not a "natural born" citizen of the United States because one of my parents is naturalized insults me beyond belief. This is a non-issue and I cannot believe we're still arguing it.

[Julie Pippert]

Patrick, thanks for that clarification and explanation. The history and additional info is very helpful.

[Lawyer Mama]

Pork Roll - Do you know what a blog is? You seem to be confused. This blog has supported Barack Obama since he became the nominee for President. But we also frequently criticize him and his administration. Because we're people with brains who can think for ourselves.
When I received an email about Lt. Col. Lakin, I brought it to Julie's attention. She took it from there. I passed it on, because as a lawyer AND a member of a military family I was outraged that anyone would call this man a patriot. I hope they throw him under the jail.
I really wish I could live in the imaginary world where some of these commenters live. You know, where I could just declare my interpretation of the Constitution the correct one without concerning myself with more than 200 years of Constitutional law or well established rules of statutory interpretation. Would sure make my job as a lawyer a hell of a lot easier. So where do I get some of this fabulous Kool Aid?

[E Glenn Harcsar]

Hi Karoli,
I appreciate your civil tone and gentle poking, while still getting your good licks in! People who know me best know that I deserve them. Good for you.

But the phrase "find one willing to step outside the law and interpret the phrase natural-born as stepping back one generation" is a too well written poem that obviates analysis for a chorus of head nodding.

I read above that one has already posted case law and links that should at least prompt a review of eligible precedent. Instead , as you may know, all of the cases regarding eligibility are dismissed as being out of venue, or stalled on standing ( which has been Team Obama's only "defense").

Forgive me for extending your clever metaphor, but I will ride my own Rocinante joylessly through the inferior courts, ultimately to legitimize and strengthen our Presidency in its tripartite role in our Government

Obama is but a man-- A man enabled by his handlers, his party, and also the Repulicans left holding Bush's own dark secrets. These are the facts of politics.

Join me in a quest for the eligibility facts?---I'll even ride the donkey. ;)

[PorkRoll]

Lawyer Mama, you appear to have drunk deeply from the Kool Aid jug yourself. I have given you factual evidence and full references to proof that Obama is not a natural born citizen. Our founding fathers did not mince words and they meant exactly what they said. A natural born citizen was very specific language used only once in the entire Constitution. It was not used flippantly. As John Bingham declared, the understanding of that phrase was clear to everyone at the time: jus sanguinis and jus soli. They did not want divided loyalties and were wary of foreigners being in power (per John Jay's letter to George Washington).

Obama knows very well that is the case and for him to have taken an oath to uphold the Constitution then seal all his records to hide the fact that he is usurping the office during a time of war is high treason.

[Lawyer Mama]

And you studied Constitutional law where? LOL! Sorry if I hold my own legal brain and *actual* training and knowledge of Constitutional law in higher esteem than that of someone who apparently has lots of free time to troll the Internet and spread The Gospel According to Pork Roll. Sorry, I'm not impressed.
Although I must clarify my last comment. I brought this to *Karoli's* attention (I believe I erroneously said Julie) and she did all the research. However Julie also writes for this blog and it would be a neat trick if we could get someone from the Obama administration to pay us for commenting on our own blog.

[PorkRoll]

"When I received an email about Lt. Col. Lakin, I brought it to Julie's attention. She took it from there. I passed it on, because as a lawyer AND a member of a military family I was outraged that anyone would call this man a patriot. I hope they throw him under the jail."

- Oath for Officers in the United States Military: ""I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959)

Note what's being upheld there. The Constitution, not the president. Lt. Col. Lakin is sworn to uphold the Constitution. All of it. Even the bits you don't like and would conveniently ignore to meet your political view.

[Karoli]

Hmmm. Upholding the Constitution means upholding the law of the land as it is written and interpreted by the courts. As has been explained by Patrick above, inventing a new classification of the term "citizen" is not even close to 'upholding the Constitution'.

George Bush tried a constitutional rewrite with the SCOTUS. It won him the Presidency, but he couldn't even bend them to rewrite the Constitution.

Give this one up, it simply reveals the xenophobia that permeates the right wing political philosophy in this country and marginalizes you all.

[Karoli]

Glenn,

See Patrick's discussion above. It clearly outlines the definitions and existing law.

[E Glenn Harcsar]

Hi Patrick

I'm happy to brush up on my own my French to a least the reading literacy of, say, a Constitutional Conventionalist in the 1780's.

But I'll need some direction, please, regarding "the US law, US legal codes, and US case law recogniz[ing] only two types of US citizens." Where specifically do you derive these definitions? The constitutional NBC requirement is elided , but as you know crossed out does not mean erased. I'll take a link in lieu of a law course, if that's what it might take. I'm a game read.

BTW PORK ROLL YOU ARE BEING BOORISH. Go to the opening page and read "about the MOMOcrats" They are bright, professional, serious,and studied women who use this blog to communicate with each other on the issues that rally around Obama. We are guests here.

[PorkRoll]

"Hmmm. Upholding the Constitution means upholding the law of the land as it is written and interpreted by the courts. As has been explained by Patrick above, inventing a new classification of the term "citizen" is not even close to 'upholding the Constitution'."

-No, it means upholding the law of the land as it is written and as it was intended by those who wrote it (i.e., the founding fathers), not how the courts have mangled it or rewritten it over the years through ignorance or judicial activism. The writers of the Constitution used the classification once and only once and that is in reference to the presidency of the United States. It had a certain, specific and special meaning that set it apart from all other types of citizenship. But, I know, they were idiots who just "invented" new classes of citizenship, right?

Patrick above is wrong on just about everything he's written. I wouldn't put much faith in his writings. He speaks of case law when, in fact, we're trying to determine original intent. But if he insists on case law for defining a "natural born citizen" it's right there in Minor v. Happersett and it's defined as BOTH jus sanguinis AND jus soli.

The three Certifications of Live Birth that Obama and his minions posted don't match. They are forgeries. This analysis didn't just come from Ron Polarick (who hides his identity due to death threats, thank you very much), they also come from Sandra Ramsey Lines, a highly trained forensics document examiner who filed a sworn affidavit that can be downloaded here:
http://www.therightsideoflife.com/wp-content/uploads/2008/12/executedsandralinesdeclaration_1.pdf

"The scan of the COLB posted on line states a Honolulu, Hawaii birth and that the original is prima facie evidence of citizenship." Please read Mario Apuzzo's crushing deconstruction of that argument in Endnote 7 of Kerchner et al vs. Obama et al. Or, to make it simpler, please request a Certification of Live Birth from your state (short form, too, which isn't accepted as proof even in Hawaii for some of its own programs), take a picture of it, post it on the Internet, then bring your laptop to the DMV, show them the webpage, and demand that it should be accepted as official proof of your birth in Hawaii. Good luck with that.

Plus, Patrick plays parlor tricks with the term COLB by not defining whether he's referencing a Certification of Live Birth or a Certificate of Live Birth, two very different things which carry two very different weights as far as proof goes. A Certificate of Live Birth is an actual birth certificate while a Certification of Live Birth is simply a computer printout saying we have a record of a birth. The Certificate of Live Birth would be accepted pretty much anywhere, but not a Certification of Live Birth like the one Obama has purportedly shown as proof. In fact, please read the following quote from the Hawaii Dept of Homelands: "In order to process your application, DHHL utilizes information that is found ONLY on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth(a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL." In other words, the Hawaiian Certification of Live Birth ain't even good enough for Hawaii.

"The Hawaiian State law allowing COLB's to be granted to births outside of Hawaii was passed in 1982, long after Obama was born." That is patently false. Patrick needs to educate himself about the laws in Hawaii such as §338-5 that forces the state to register a newborn of a Hawaiian resident by relying only on the word of one parent with no proof or evidence required. This law was fully in effect during the time Obama was "supposedly" born there.

In fact, we know Obama's Indonesian-born sister, Maya Soetoro-Ng, has a Hawaiian Certification of Live Birth as well; though born in Jakarta, Indonesia, their mom registered her as born in Honolulu and she was granted a Hawaiian Certification of Live Birth. "Hey everybody, a round of Certifications of Live Birth for everyone!" Rumor has it they're handing them out with Happy Meals at McDonalds now.

Perhaps he can explain how the father of modern China, Sun Yat-Sen, obtained a Certification of Live Birth from Hawaii even though he was obviously born in China.

http://www.scribd.com/doc/9830547/Sun-Yatsen-Certification-of-Live-Birth-in-Hawaii

The answer is, he could because Hawaii allowed it. They allowed anyone to swear someone was born there and "Boom!" Hawaiian Certification of Live Birth.

I also love how Obama's cadre submitted the Certification of Live Birth. Wasn't to the FEC, the DNC, or the Board of Elections. Nuh-uh. It was to Factcheck.org! An unoffical website, an operation of his former employer, and the hard left den of thieves that also employed his terrorist mentor Bill Ayers. Man, it's all so legitimate!

I could go on and on about how utterly wrong Patrick is in his assertions regarding Obama's phoney Certification of Live Birth, but I'll trust that you can educate yourselves further concerning this sham and his equally phoney Certification of Live Birth. Try starting here:
http://theobamafile.com/ObamaCOLB.htm

Plus Patrick's claims that there is SO MUCH proof that Obama was born Hawaii. Well, Mr. Wizard, what hospital was he born in? Have any proof? Didn't think so.

[Karoli]

Pork Roll, you're going to have to do better than stomping your feet and saying everyone's wrong and hard, solid evidence is a fabrication. That's just magical thinking that even unicorns run away from.

[PorkRoll]

What a stunning and well documented retort!

All of my assertions are backed up by fact and reference. Where's this "hard, solid evidence" you site? So let me ask you, as well. What Hawaiian hospital was Obama born in and where's your proof?

[PorkRoll]

Regardless, the phoney Certification of Live Birth is a sideshow. Momma Obama could have given birth to baby Barack on the Capital steps and he still wouldn't be an Article II, Section 1 "Natural Born Citizen" and is, therefore, ineligible to be President. Please go educate yourselves:
http://www.wnd.com/index.php?fa=PAGE.view&pageId=134881

[Lawyer Mama]

It is impossible to reason with someone who is illogical. Like I said once before, it must be nice to live in Pork Roll's world where you can declare what the Constitution says and HAVE IT BE SO! Instead of looking at 200 years of constitutional law. That doesn't mean you get to pick out the parts you don't like and declare they don't say what it's clear they do say simply because your fellow citizens voted a black, progressive president that you don't like into office. The Constitution does not say what you say it says simply because YOU declare it, or you read it somewhere on the Internet. That's not how it works. If the Founding Fathers wanted some randon nut job to be the arbiter of the law of the land, they wouldn't have included Article 3 in the Constitution. And so, yes, because this is the system set up by the Constitution, Lt. Col. Lakin IS subject to the courts' interpretation of the Constitution. His *personal* interpretation of the Constitution (and yours) is irrelevant. Because established law (and the Supreme Court) say there's no issue with Barack Obama as president, he doesn't have a leg to stand on. He will be court martialed and he will go to jail or, at the very least, be dishonorably discharged. A fitting punishment for someone who doesn't have any honor.
I don't believe you've yet given us your legal credentials or where you went to law school. Of course, I could have missed it in allllll the irrelevant rambling that went on up there.
Beuler? Beuler? Beuler?

That's what I thought.

[Karoli]

I removed the most recent comment by Pork Roll as spam. It's a common tactic to troll topics like this with redundant, repetitive assertions that are intended to shut down all other conversation. My suggestion to Pork Roll is that he/she blog it themselves on their own blog. Comment areas are for comments, not a treatise on one's magical interpretation of the Constitution.

[David]

This is absurd. Obama should just cough up his Birth Certificate, passports etc and put this to rest instead of spending over a million on legal fees and hiding but there is another catch!!

According to many legal scholars the definition of a "Natural Born Citizen" is a subject for some debate but what is clear is that Obama needs to be MORE than just a citizen to meet the requirement. The Supreme Court need to rule on this definition ie do their jobs and interpret the Constitution. So far they are AVOIDING THIS.

It is my opinion a Supreme Court ruling on this definition is the very last thing Obama wants as he does not have the left leaning Majority inthe Court as of yet. Most scholars are in agreement that a Natural Born Citizen is a citizen that is born of Parents BOTH of whom are US citizens and born here. Obamas father was NEVER a US citizen. The intent was to preclude a Commander in Chief who would have any divided loyalty.

No wonder Obama is running scared from this. The Lt Col has every right and fact a duty to question and get a prompt response to his quesion which he has being been trying to do through proper channels for over one year and getting the run around.

[P]

Who is the left wing Obama ass-kisser who wrote this trash? His OWN WIFE recently in a PUBLIC SPEECH, SAID HIS "HOME COUNTRY" WAS KENYA!! Wonder if she got slapped for that one! LOL Lt. Col. Laikin: Michelle gave you that video AS A FREEBOE for your proof he is NOT AN AMERICAN CITIZEN!

[P]

OBAMA isn't paying to hide it...the taxpayers are, since he uses DOJ to do his dirty work.

[kycobb]

A significant error porkroll and other birthers are making is that they are assuming that every issue relating to the Constitution is subject to judicial review. However as one court after another (birthers have lost about 62 cases so far) has pointed out, the President's eligibility isn't subject to judicial review. Under the Constitution, the Electors elect the President, and Congress counts and certifies the Electors' votes, or if necessary Congress elects the President itself. The decision of Congress is final and unappealable. Thus, while I can point out that porkroll is wrong about Minor v. Happersett, that is besides the point-even if he was right, its irrelevant. Congress has the final say on who is eligible for President, and the courts cannot gainsay it. The Electors and Congress could select Schwarzenegger for President if they wanted to, and your only remedy would be political-to vote those you disagree with out of office and replace them with like-minded people. So get to work-you have seven months to elect republicans to Congress.

[E Glenn Harcsar]

Hi,
your's is new and original theory regarding the issue. Care to throw it in front of the big dogs?

I'll show you where and would be interested in the discussion.

BTW I haven't been able to post here for some days. WT( ).
Glenn

[kycobb]

Sure. But its kind of obvious, since the courts have pretty much unanimously thrown out every birther suit for lack of standing.

[E Glenn Harcsar]

kycobb

Call tonight and speak with Atty Mario Appuzo and Commander Kerchner (Ret). This case, set now for decision on June 29 in front of a three panel appeals court, is similar to Lakin's.

http://www.blogtalkradio.com/drkate/2010/04/08/revolution-radio-constitutional-governance

You might want first to read the briefs in front of the court before calling. Obama's lawyers have not addressed the merits of the complaint in their response. They have taken your position and have argued for dismissal on standing, but interestingly not in the novel way that you have presented it.

I will listen if I'm home in time from work. Otherwise let me know how it went here.

Here's a general link with specifics to follow:
http://puzo1.blogspot.com/

Kerchner v Obama & Congress Appeal Latest Filings:
Appellant's Reply Brief -- http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Appeal-Appellant-s-Reply-Brief
Oral Argument Request -- http://www.scribd.com/doc/28781505/Kerchner-v-Obama-Appeal-Request-for-Oral-Argument

[kycobb]

Just reading the first nine pages of Appuzo's reply brief I can see its a pile of horse manure, so I'm not going to waste my breath debating him about it. And Dr. Kate is a right-wing lunatic. You'll see soon enough that the 3rd Circuit will affirm the district court's dismissal of Kerchner's claim.

[E Glenn Harcsar]

Hi.

I made it home with story time to spare. I'm listening now.

I'm disappointed that your breath isn't worth horse manure. I once made three dollars a bag on horse manure. (True Story).

I've re read the brief. I don't get why you dismiss so quickly.

Aside of course from the Apuzzo's terrible Jersey version of a Philly accent, of which I have worked hard to avoid, why wouldn't you debate?

I'll post again later. Especially if your call is able to come in.

But here's the nut. This case is filed before Obama was swore in. Your specific argument does not stand.

Let me know what you think. I'll keep listening

[Greg Skilling]

Here's my take on the Army and the birthers within it. Will the Army finally address the birther issue and court-martial Lt. Col. Lakin? - http://tinyurl.com/y2ezysf

[Allison]

Blue Damns, How fitting that you have a jackass for a mascot because it truly represents you. Obama is ruining this country on behalf of his handlers. Idiots like you are making it easy for him. He WILL lose his job, sooner than later I hope. I'm ready for the change.

[E Glenn Harcsar]

Hi again,

I came across this link and thought that this literate group might get a wink and a laugh. It's about a different case but the issue is the same.

http://www.scribd.com/doc/30308198/Strunk-motion-to-reconsider-DCD-10-cv-151-decision-and-Strunk-Reply-in-the-USAG-Case-DCD-10-0066

BTW Lakin has been "flagged," given administrative duties at Walter Reed, and lost his shot at promotion to full Colonel. Proceeding with a court martial will force discovery. What will happen when one windmill actually falls? Stay tuned.

[MrsD]

Friday, April 23, 1010, AP
Formal court martial charges have been brought against Lt. Col. Terrence Lakin, the Army doctor who believes President Obama may not be a natural born citizen, for failing to follow orders, the military said today.

Lakin was charged Thursday "with one specification of a violation of Article 87, Missing Movement and four specifications of a violation of Article 92 (three specifications of Failure to Obey a Lawful Order, and one Specification of Dereliction of Duty)," said Chuck Dasey, spokesman at Walter Reed Army Medical Center in Washington, where Lakin is assigned.