LTC Lakin Shoots For Birther Holy Grail–DISCOVERY
The American Patriot Foundation, run by a group of long-time GOP ops, where funds for Lakin’s legal defense are solicited, tax-deductible, so they say, has posted a press release to its website Safeguard Our Constitution:
Testimony Sought of “Custodian of Records” AND Production of all records relating to President: Decision to be made by Army Major General
Washington, D.C., July 29, 2010. The Army doctor who is facing a court martial for refusing to obey orders, including a deployment order for his second tour of duty in Afghanistan, has formally requested his Commanding General approve a deposition in Hawaii of the records-keeper of the State Department of Health—and the production of all of their records concerning Barack Obama.
The records Lakin seeks have been the subject of intense interest ever since the closing days of the 2008 presidential campaign when a document appeared on the internet purporting to be a certification that Hawaii’s Dept. of Health had records showing he had been born in Honolulu. Since then, Dr. Chiyome Fukino the head of that agency has made public statements on the subject, but has refused all requests for copies of the actual records in the Department’s custody. Recently, a former Hawaii elections clerk has come forward saying that he was told that the Department’s records showed Obama was NOT born in Hawaii.
The United States Constitution requires that a person be a “natural born citizen” to be elected to the presidency. If Mr. Obama was not born in Honolulu as he has claimed, then he is unlikely to be a “natural born citizen”. An examination of the records kept by the Hawaii Dept. of Health are an essential first step in ascertaining Mr. Obama’s constitutional eligibility to hold the office to which he was elected in 2008.
While no civil litigant has obtained discovery of these records, and all the civil lawsuits seeking those records have been dismissed on procedural grounds, Lakin’s case is different because he is the subject of criminal prosecution, and upon conviction stands in jeopardy of being sentenced to years at hard labor in the penitentiary.
Last month, Lakin waived his right to an Article 32 pre-trial hearing, which had been scheduled for June 11. The “former Hawaii elections clerk” being used as a pretext for DISCOVERY, was a short-time temp worker in the Honolulu City Clerk’s elections office, where supervisors deny he would have had access to Obama’s health records.
In a discussion on the milblog CAAflog, a comment:
I’m as defense-hacky as they come, and it this were a wild swing during an otherwise valid case, I’d say go for it.
Put another way, government-hacks hate it when trial counsel do really dumb, improper things that mess up what would have been an otherwise valid case.
Well, us defense-hacks hate it when a guy is so poorly represented that not only does he make matters worse for himself thanks to defense counsel’s advice, but arguably, but for someone buzzing in his ear about this (likely his current civ counsel) he wouldn’t have done what he did in the first place and thrown away his career.
I have little sympathy for the LTC, but what I do have is extreme anger at the civ defense counsel which I guess also engenders a tinge of sympathy for the LTC.
Defense counsel are like docs, first, do no harm. This guy didn’t just cut the wrong leg off, he cut it off knowing the guy didn’t need surgery at all, and he’s now leaving the sponge sewn up inside.
For a very full examination of United States v. Lakin, follow along with Court-martial.com here and here.
See also:
Birther Lakin’s Case Looking FUBAR
What Can Birther Lakin Expect?
The GOP Ops Behind Birther Lakin
Birther Lakin Has A Date With The Army Today
Birthers’ Newest Great White Hope
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