BORN IN THE USA?

'Important question about Constitution'

Army officer challenging Obama eligibility takes to airwaves to discuss legal fight

Posted: April 20, 2010
10:42 am Eastern

By Bob Unruh
© 2010 WorldNetDaily

G. Gordon Liddy

An attorney for an officer refusing all Army orders until Barack Obama's eligibility to be commander in chief is documented says his client formally has been "flagged" by the military and the formal filing of charges is expected within days.

Attorney Paul Jensen today was on the radio show of G. Gordon Liddy with his client, Lt. Col. Terry Lakin, who has told Obama in a letter that it's up to him to provide the proof.

The Constitution, Article 2, Section 1, states, "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."

Some of the various challenges and lawsuits allege Obama was not born in Hawaii as he has claimed and that the framers of the Constitution specifically excluded dual citizens – Obama's father was a subject of the British crown at Obama's birth – from being eligible for the office.

The issue has prompted a number of state legislatures to work on proposals that would require presidential candidates to submit proof of their eligibility. A similar proposal has been introduced in Congress by Rep. Bill Posey, R-Fla.

Lakin and his private counsel told Liddy today they are addressing this "important question about the Constitution."

"I've been flagged for missing movement and my intent to disobey all orders. That flagging means there can be no favorable actions taken for me," Lakin said.

He explained that he already had been picked for promotion to full colonel, "which would take place in a little over a year. That's in jeopardy now."

Jensen said his client was given "written notice" Monday of the "flagging."

"How tragic it is his promotion is being stopped," Jensen said.

The attorney said the next steps will be for the government to file charges and for an investigation to be commenced.

"It's by far the most difficult thing I've ever done," Lakin said. "The Lord blessed me with a great family, wife and good upbringing. I've tried to uphold the principles espoused by my parents and do the right thing and not take the easy way out. I just seek the truth."

"My motivation stems from my oath of office to defend and uphold the Constitution," Lakin said. "It's the Constitution. That needs to be upheld."

"We look forward to defending his case as events arise," Jensen said.

He suggested that the president's continuing efforts to withhold documentation that could resolve the question is, in itself, suggestive of a lack of evidence.

He also said that the failings of many of the cases that have been brought – standing or the issue of political question – "do not come into play in any way in Lt. Col. Lakin's defense."

Jensen also expressed confidence that discovery will be possible.

G. Gordon Liddy and Lt. Col. Terry Lakin at Radio America studios

"Every criminal defendant has to be allowed the benefit of doubt to discover information relevant or which may even lead to the discovery of relevant information that could support his case," he said.

"It would shocking to me that a defendant in a dock would not be permitted to discover information that would lend itself to proving his [case]," he said.

Lakin told Liddy he tried to resolve the questions through formal channels.

"I did seek out … friends and my chain of command in how to address this issue and hopefully get answers. … Really there was no forthcoming help from legal resources in the military and I did what I could on my own – essentially researching and finding out about a UCMJ Article 138 complaint I attempted to file over a year ago."

But he said he was told his complaint didn't have to be addressed.

Jensen said the military's Article 138 procedure wasn't really mean to solve a problem like this.

WND founder and CEO Joseph Farah and WND senior investigative reporter Jerome Corsi also appeared on the program to offer questions to Lakin, with Farah pointing out a new CBS-New York Times poll revealed only 58 percent of Americans even "think" Obama was born in America.

WND reported last week when the Army confirmed Lakin would be assigned to Walter Reed Army Hospital during an investigation.

Lt. Col. Terry Lakin is the highest-ranking and first active-duty officer to refuse to obey orders based on President Obama's eligibility.

Army spokesman Chuck Dasey told WND Lakin is only "under investigation" at this point.

"Lakin reported to the commander, Medical Center Brigade, Walter Reed Army Medical Center, on Monday, 12 April, after failing to report for duty at Fort Campbell, Ky.," a statement sent by Dasey to WND said.

"Lakin will be assigned to duty at Walter Reed pending investigation."

A spokeswoman for Lakin, Margaret Calhoun Hemenway, told WND that whatever the "assignment" amounts to, Lakin's access privileges were revoked, his computer was confiscated and he "is not permitted to support his Hippocratic oath … and take care of the troops as a doctor and a surgeon."

On the day he was supposed to have reported for deployment, Lakin was read his rights by Col. Gordon Roberts, his brigade commander, who discussed the situation with him and told him he had the "right to remain silent" because he was about to be charged with "serious crimes."

Hemenway said the message was that "he will shortly be court-martialed for crimes (specifically, missing movement and conduct unbecoming an officer) that for others has led to lengthy imprisonment at hard labor."