Via WND plus the interview with LTC Lakin and Attorney Paul Jensen which aired on August 13th, 2010.  

Officer's defense team demanding Obama docs - 'I can't think of a single reason why the judge would take the government's position' - By Bob Unruh -

The key defense attorney for an Army officer being put on trial for refusing orders he views as suspect because of the possibility Barack Obama is not eligible to be commander-in-chief is demanding documentation from the president.

On the G. Gordon Liddy radio show today, Paul Rolf Jensen said the request for "discovery" in the Lt. Col. Terrence Lakin case – the access by the defense to documentation in the government's possession that could help its case – is being submitted.

Jensen had been asked whether there is a legal basis for denying a defendant on trial on criminal charges legitimate access to documentation that would prove his case.

"We are today officially requesting that discovery," Jensen said. "If the government refuses to give it to us, then we will a week from today file a motion to compel discovery.

"I can't think of a single reason why the judge would take the government's position," he said.

The controversy stems from the Constitution, Article 2, Section 1, which 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."

A number of challenges and lawsuits have been based on the constitutional requirement, some alleging Obama does not qualify because he was not born in Hawaii in 1961 as he claims. Others say he fails to qualify because he was a dual citizen of the U.S. and the United Kingdom when he was born, and the framers of the Constitution specifically excluded dual citizens from eligibility.

Complicating the issue is the fact that besides Obama's actual birth documentation, he has concealed documentation including his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, Illinois State Bar Association records, baptism records and his adoption records.

Lakin declined to follow deployment orders after he tried through military channels to affirm the validity of orders under Obama's command and was rebuffed. He had been scheduled to deploy to Afghanistan again.

Lt. Col. Terrence Lakin

Lakin is not the first officer to raise questions. Others have included Army doctor Capt. Connie Rhodes and Army reservist Maj. Stefan Cook. But Lakin is the first active-duty officer to raise the question.

In at least one of the earlier disputes, the Army simply canceled the orders rather than allow the argument to come to a head.

The issue of discovery in such a dispute is critical. The multitude of civil cases that have been brought over the Obama eligibility dispute all have failed to reach that process because of federal judges who have ruled on issues generally involving "standing." The judges have concluded that damages from an ineligible president suffered by the plaintiffs would not be more for them than any other member of the public, so there is not a specific damage or danger.

Jensen has explained that the Lakin case is different, since his client is being processed on criminal charges over the issue – a status that puts him in imminent danger of specific and personal "damages."

The courts already have shown a weakness on the subject of Obama's records. The discovery-of-evidence issue previously was raised in court by attorney John Hemenway, who was threatened by a federal judge with sanctions for bringing a court challenge to Obama's presidency.

Hemenway is serving in emeritus status with the SafeguardOurConstitution website, which is generating support for Lakin. Hemenway brought a previous court challenge, now on appeal, on behalf of a retired military officer, Gregory S. Hollister, who questioned Obama's eligibility.

The Hollister case ultimately was dismissed by Judge James Robertson, who notably ruled during the 2008 election campaign that the federal legal dispute had been "twittered" and, therefore, resolved.

Robertson sarcastically wrote: "The plaintiff says that he is a retired Air Force colonel who continues to owe fealty to his commander in chief (because he might possibly be recalled to duty) and who is tortured by uncertainty as to whether he would have to obey orders from Barack Obama because it has not been proven – to the colonel's satisfaction – that Mr. Obama is a native-born American citizen, qualified under the Constitution to be president.

"The issue of the president's citizenship was raised, vetted, blogged, texted, twittered and otherwise massaged by America's vigilant citizenry during Mr. Obama's two-year campaign for the presidency, but this plaintiff wants it resolved by a court," Robertson wrote.

Then the judge suggested sanctions against Hemenway for bringing the case. Hemenway responded that the process then would provide him with a right to a discovery hearing to see documentation regarding the judge's statements – not supported by any evidence introduced into the case – that Obama was properly "vetted."

Hemenway warned at the time, "If the court persists in pressing Rule 11 procedures against Hemenway, then Hemenway should be allowed all of the discovery pertinent to the procedures as court precedents have permitted in the past.

"The court has referred to a number of facts outside of the record of this particular case and, therefore, the undersigned is particularly entitled to a hearing to get the truth of those matters into the record. This may require the court to authorize some discovery," Hemenway said.

The court ultimately backed off its threat of sanctions.

In a separate case, the 3rd U.S. Circuit Court of Appeals threatened sanctions against attorney Mario Apuzzo. The court quickly backed off, however, when Apuzzo noted that under the rules of court procedure, being subjected to sanctions and penalties would give him the right to discovery in the case, possibly including Obama's birth certificate.

The Constitution requires a president to be a "natural born citizen," and, while the term is not defined in the Constitution, many legal analysts believe at the time it was written it meant a person born in the U.S. of two U.S. citizen parents. Critics say Obama clearly does not qualify under that definition, since he has admitted in his book his father never was a U.S. citizen. Some legal challenges have argued he wasn't even born in Hawaii.

Tim Adams, a former senior elections clerk for Honolulu, has said there "definitely" are problems with Obama's Hawaii birth story.

"As of the time I was in Hawaii working in the elections office we had many people who were asking about the eligibility of Senator Obama to be president. I was told at the time there is no long-form birth record, which would have been the case if President Obama was born in [a] hospital in Honolulu. There is no such form in Hawaii," he said.

In today's Liddy interview, Jensen said the government could invoke the "presumption of regularity" in defending Obama's status, but that would be considered a rebuttable presumption in court.

"In order to rebut that presumption, we [would] seek evidence [through discovery] that the president is constitutionally ineligible," he said.

Lakin confirmed during the same interview that he's received "overwhelming support" from many of his peers. But he was counseled by his lawyer not to discuss specifics because of the pending court martial, scheduled for October.

Jensen said it's clear that if the president had the birth documentation that reveals his status as a "natural born citizen," he already would have presented it.

"The president has been invited repeatedly to release his Hawaiian birth certificate. He hasn't done so. Lt. Col. Lakin wrote to the president before refusing orders. If the president were going to do that he would have done so already. [His decision] leads me to suspect he doesn't have [it]," said Jensen.

Lakin said the issue is the U.S. Constitution, and whether it is still controlling in the U.S. or not.

Jensen also addressed the issue of the threats being issued against his client by at least one senior Army officer.
...much more here; http://www.wnd.com/index.php?fa=PAGE.view&pageId=191085

WND's complete eligibility archive here; http://www.wnd.com/eligibility

MP3 of LTC Lakin's appearance on the G. Gordon Liddy show here, 1 hour; http://feeds.radioamerica.org/loudwater/ggl/000003486_000_000000006.mp3

Previous reports on LTC Terry Lakin can be found here.  Visit the Birther Vault for my rebuttal to CNN's lynching of LTC Terry Lakin[http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html]. note: visit SafeguardOurConstitution.com and help with LTC Lakin's legal defense fund or share the website with friends if you can't afford the funds or both. This brave patriot is risking his career in the defense of the United States Constitution, which he took an oath to do.


DECORATED ARMY DOCTOR LTC TERRY LAKIN PHYSICALLY THREATENED BY LEAD PROSECUTOR AT ARRAIGNMENT HEARING


Army Refers Charges Against LTC Terry Lakin To Court Martial, Arraignment Hearing on August 6, 2010 - Aug. ...

Press Release: LTC Terry Lakin Makes Formal Request of Hawaii Deposition - July 29th, 2010 -
Press Release: LTC Terry Lakin Appeals Army's Disparaging Fitness Report - July 16, 2010


LTC Lakin Waives Preliminary Hearing, Case To Proceed Directly To General Court Martial - 6/9/10

Lt. Col. Terry Lakin Letter to Barack Obama
- Lt. Col. Lakin - Press Release April 13 2010: You Have the Right to Remain Silent  -
Lt. Col. Terry Lakin Charge Sheet
Army Sets Court-Martial Hearing in Criminal Case Against Decorated Army Physician, LTC Terry Lakin -
Ruling on Defense Request for Witnesses and Evidence in LTC Lakin's court-martial - 6/1/2010
Obama an Unconstitutional Illegal President - 20100201 Issue Wash Times Natl Wkly - pg 5
Official Hawaii Certificate of Live Birth vs Obama's Certification of Live Birth




LTC. Terry Lakin on the G. Gordon Liddy show, recorded on 4/20/10, and some...