First, let me start with the obvious.  Any reasonable person who has spent the slightest amount of time looking into the question would be convinced that President Obama was born in Hawaii.  Here is a news release issued by the Hawaii Department of Health on 31 October 2008.  Dr. Chiyome Fukino, the Director of Health under the Republican Governor Linda Lingle, stated:  “I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”  As reported in this Honolulu Advertiser article, in July 2009 Dr. Fukino reiterated that she personally saw “the original vital records maintained on file by the Hawai’i State Department of Health verifying Barack Hussein Obama was born in Hawai’i and is a natural-born American citizen.”  For those who fall within the Venn diagram circle labeled “Rational People,” that’s enough. Oh, there’s much, much more, like the birth announcement that ran in the 13 August 1961 Sunday Advertiser and the birth announcement that ran in the 14 August 1961 Honolulu StarBulletin.  But nothing else is needed given Dr. Fukino’s statements. 

So what’s LTC Lakin’s beef?  In this letter to the Commander in Chief of the Army and Navy of the United States, LTC Lakin tells the President that he’s “been troubled by reports that your original birth certificate remains concealed from public view along with many other records which, if released, would quickly end questions surrounding your place of birth and ‘natural born’ status.”  Then he states:  “Until the summer of 2009, the Hawaiian Department of Homelands would not accept [a] Certificate of Live Birth to determine native Hawaiian identity– the Department insisted upon also reviewing an original birth certificate.”  Wait a second.  I thought that to be President, one had to be “a natural born Citizen,” not a natural born native Hawaiian.  Why do we care what’s necessary to acquire native Hawaiian status?  The question is whether President Obama was born in Hawaii — not whether his ancestry qualifies him as a native Hawaiian (which, of course, no one suggests).  So why does LTC Lakin consider that fact important?  He gets to that later:  “Given the fact that the certification that your campaign posted online was not a document that the Hawaiian Department of Homelands regarded as a sufficient substitute for the original birth certificate and given that it has been your personal decision that has prevented the Hawaiian Department of Health from releasing your original birth certificate or any Hawaiian hospital from releasing your records, the burden of proof must rest with you.”  So because the Hawaiian Department of Homelands allegedly didn’t accept a Certificate of Live Birth as sufficient proof for a different purpose (but apparently does now), the Commander in Chief has the burden to prove his place of birth to a military subordinate?  It would appear that LTC Lakin doesn’t fall within the “Rational People” Venn diagram circle.

But wait; there’s more.  Here’s a link to an Article 138 complaint that LTC Lakin filed against Army Chief of Staff General Casey on 20 November 2009 for “following and promulgating invalid and/or illegal orders from a person that is not eligible to be the Commander-in-Chief of our Armed Forces.”  LTC Lakin wrote:  “I do not believe there is sufficient evidence to conclude that Barrack Obama is a Natural Born Citizen to be eligible to hold the office of President of the United States and Commander-in-Chief of our Armed Forces. Therefore, all orders directed by or guidance followed by order of Barrack Obama are invalid orders, and General Casey is violating his Oath of Office. General Casey is also making it impossible for all Officers under him to uphold their Oath of Office.”  (Here, by the way, is the response that Army OTJAG’s Administrative Law Division sent to LTC Lakin.)

Final stray thought:  in this piece for the American Thinker, LTC Lakin wrote, “No one I spoke to was able to offer any evidence that the president is ‘natural born.'”  Maybe if we can arrange a phone call between LTC Lakin and Dr. Fukino, we can end this circus.

16 Responses to “Stray thoughts about LTC Lakin’s guano crazy letter to the Commander in Chief and guano crazier Article 138 complaint”

  1. Laura says:

    I could write a book on why Obama is not eligible to be POTUS but you still would not believe it. I have done extensive research on this issue, I concur with Col. Lakin. Hopefully this will be resolved in a court of law.

  2. JTS says:

    I’m not up following the various back and forth of the “birther” movement within Federal Court, but I believe that this issue HAS been settled by a Court of Law. Please correct me if I’m wrong, and case citations would be helpful so we could all pull the opinions and examine them ourselves like good lawyers.

  3. One Peeved Steve says:

    Me thinks the Chief of Justice at the Miltary District of Washington is salivating already.

    Concur with all previous comments (that fall within the venn diagram, that is). According to his logic, there are currently no lawful orders being given – anywhere. The entire US military should stand down. Or, at least, there is no actual requirement to stand up.

    Unless he backs down (and part of me hopes he doesn’t), he will get what he deserves.

  4. Anonymous says:

    Tell you what, if you can give me just one coherent, legally accurate argument as to why President Obama is not eligible to be POTUS, I’ll advance buy 100 copies of whatever book you eventually write.

    Somehow, I think my money is safe.

  5. Anonymous says:

    I wonder if he’s going to challenge jurisdiction of his court-martial. Under his theory, any preferral and referral of charges would suffer from the same defect as the deployment order.

    He says in the “American Thinker” article that he has “made the decision to disobey all military orders.” Is he still showing up to work and doing his job? If he is, he might have the same problem CPT Rhodes had; Judge Clay Land thought that picking and choosing which orders to follow undermined her claim that she believed the order to deploy was unlawful.

  6. Not a Fan But in the Venn says:

    Does anyone else think it’s at all ironic that we’re still having this debate about whether the 2008 Democratic nominee is a “natural-born” citizen of the US when the 2008 Republican nominee was clearly not born in the US? The bottom line is that both men were born to US citizens, so where they were born doesn’t matter. (Yes, I’m familiar with the notion that Obama’s mommy might have renounced her citizenship or something like that, but the arguments start to get really far-fetched at that point.)

  7. Snuffy says:

    I find the whole diccussion quite entertaining, but I would not characterize it as a debate. Rationale vs. irational doesn’t really qualify as a debate does it- after all, logic and truth will never dissuade an irrational thinker from thier position, right?

  8. Anonymous says:

    The discussion WRT the validity of the Birther movement is not what I find interesting. It is the issue of GO&D that interests me. I would like nothing more than to see this officer sent to the brig for a significant time for his crimes. This is not a debate. This is a crime being committed by a criminal with a cheering section.

    Deploy or resign. Those are the LTC’s options. The military is not and should not be a proving grounds for political fights – crazy or otherwise.

    Sorry for the vitriol but this man makes a mockery of the military, and we assist by not throwing the book at him.

  9. Christopher Mathews says:

    “Maybe if we can arrange a phone call between LTC Lakin and Dr. Fukino, we can end this circus.”

    You know that’s not true. The point of this circus is that it’s not supposed to end.

  10. CPT Rob M says:

    Good point. At least the guys on the left who refused to fight in “Bush’s war” could claim that it was just the war, not Bush himself, that was unconstitutional. That way they could still justify coming to work, collecitng a paycheck, miliking all their government benefits, etc. The only order they were “obligated” to disobey was the order to do their job.

  11. CPT Rob M says:

    I like OTJAG’s response to his Art 138 complaint. I feel bad for COL Swope, who had to act like it was a legitimate complaint and take several paragraphs to say what could be said in one (very short) sentence. “I trust this information was helpful to you” was a nice, final “f-off.” Is that the job of the Chief of Admin Law, or did all the O-6s draw straws to see who’d have to handle it?

    On a more serious note, the letter points out that “the wrongs you complain about are matters of law.” That means he, like all the other military birthers, will be stymied in his quest to obtain the real birth certificate. All the civil suits were dismissed before they ever got to discovery. If this guy truly falls on his sword, he’ll go all the way to trial- but before he does the military judge will rule as a matter of law that either the President is a native born citizen, or his citizenship is irrelevant to any charge or defense. Either way, the issue will be foreclosed and there won’t be any disovery or prodcution of evidence. (Not unlike how Watada’s plan to produce legions of “experts” who would testify as to the illegality of the Iraq War was thwarted before he even got his moment in the sun.)

  12. Anonymous says:

    I’m not sure there is equivalency between Watada and this guy.

    While I don’t condone what he did (I personally thought invading Iraq was criminally stupid but not illegal) it seems to me there is a lot less crazy in opposing morally the invasion of Iraq than opposing whether or not President Obama is legitimately President.

    I think there is at least a facially non-crazy argument to be made about the illegality of the Iraq War versus the birthplace of President Obama.

  13. Christopher Mathews says:

    I hope we can all spare a moment to sympathize with the military counsel who will be assigned to defend LTC Lakin.

    Officer accuseds are generally regarded as the most difficult to represent. There’s a good chance this guy will take “difficult” to a whole new level.

  14. thorswitch says:

    I’m not a lawyer, so please take my comments with that in mind. I’m just an interested citizen who’s spent a lot of time learning about the issues.

    Among birthers, there’s a serious misunderstanding regarding the Hawaiian Department of Homelands (HDH) and the reasons behind their wanting original birth certificates as opposed to the certificate that the Department of Vital Records (HDVR) provides to those requesting a copy of their BC. In their minds, they see the HDH requirement for the original birth certificate as an indication that some part of the Hawaiian government doesn’t contain enough information to establish one’s citizenship.

    Instead, the reason they need additional information is that they’re trying to establish if a person has sufficient requisite native (Polynesian) Hawaiian ancestry in order to qualify for their program. While I’m still vague on the specifics (sorry!,) as I understand it, the HDH program helps people of native Hawaiian ancestry obtain land for homes.

    As a result, the citizenship status – in terms of American citizenship, and whether or not the person is a natural-born citizen – isn’t of any concern to them, making their rejection of the COLBs that are sent out to people requesting BCs irrelevant to the issue at hand.

    It’s too bad no one took the time (or, perhaps, no one had the knowledge) to inform LTC Lakin about that ahead of time.

  15. Mike says:

    As an objective, neutral but curious citizen I’m compelled to ask: Since Dr. Fukino has verified that an original birth certificate exists, why doesn’t Obama authorize its release in addition to the COLB that has been displayed?

  16. Ed Davison says:

    He ought to be like OBAMA and claim he is a Muslim, and can not kill his Brothers. Liar Obama existing Birth Certificate is a cheap fraudulent document that omits the Doctors name, the Doctors signatue, the length of the baby, the babys weight, the Actual form demonstrated was not in use until the 1980’s…1,000’s of Americans display their BC every day. LITTLE LEAGUERS TO PROVE THEIR ELGIBILITY TO PLAY…BUT NOT JACKASS OBAMA?