September 2nd, 2010
03:07 PM ET
11 years ago

Judge removes ‘birther’ elements from Army doc's court martial

(Updated at 6:30 p.m. ET)

- A judge on Thursday denied a request for President Barack Obama to testify at a court martial for a U.S. Army flight surgeon who refused to deploy to Afghanistan until he saw proof that Obama was born in the United States.

The judge, Army Col. Denise Lind, said any evidence or witnesses related to Obama's citizenship is irrelevant to the charges against Lt. Col. Terrence Lakin, who has 17 years of service in the U.S. military.

After failing to deploy with his unit in April, Lakin was charged with missing a movement, disobeying a lawful order and dereliction of duty.

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Filed under: Birthers • President Obama
soundoff (76 Responses)
  1. Lando

    Lock this coward scumbag in Guantanamo..does not deserve to be in the military service.

    September 2, 2010 03:56 pm at 3:56 pm |
  2. jay

    Court martial him!!!!!!!!!!!

    September 2, 2010 03:59 pm at 3:59 pm |
  3. Facts are not fair to the GOP

    I hear that republicans say GITMO is a nice place for alleged terrorists and those who commit treason, so I am hopeful this idiot gets to see it first hand. Taking advice from foreign born birther, Orley Taits, is not a good plan if you are sworn to defend the U.S.

    September 2, 2010 04:01 pm at 4:01 pm |
  4. ABM

    Lock him up already.

    September 2, 2010 04:02 pm at 4:02 pm |
  5. Cedar Rapids

    This was the obvious ruling. It has no bearing on the charge of whether or not he disobeyed orders. No surprise here.

    September 2, 2010 04:05 pm at 4:05 pm |
  6. Robert

    A court marshall or worst is in order. Refusing the command of a superior officer is an extreme offense.

    September 2, 2010 04:08 pm at 4:08 pm |
  7. D. Bunker

    That soldier is a good example of your insane birthbaggers losing their minds.

    September 2, 2010 04:11 pm at 4:11 pm |
  8. The Choobs

    Give it up, Brithers. This Army officer is wasting valuable military and judicial time and money on this frivolous and purely politcal gambit. To quote Judge Clay D. Land in Rhodes v McDonald (a similar case brought by Birther wingnut Orly Tatz): "A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly disserve the public interest.

    September 2, 2010 04:12 pm at 4:12 pm |
  9. mms55

    hooray, a judge with a brain!

    September 2, 2010 04:15 pm at 4:15 pm |
  10. Willa-PA

    Army officer should be court marshialed! so should anyone that still believes Obama is not a born American, if that were possible, othewise put in a loony bin...

    September 2, 2010 04:17 pm at 4:17 pm |
  11. Nero

    If you want to get technical, McCain wasn't born in the U.S. The Panama Canal was always Panamanian territory leased to the U.S. In saying this, I don't doubt McCain's qualification to be president if he had won. Get over it, and let's move on.

    September 2, 2010 04:18 pm at 4:18 pm |
  12. Doraine Gordon

    Good for that Judge! The very idea of that idiot trying to shirk his overseas duty by saying such things about President Obama. That idiot needs to be court martialed and thrown under the Brig!!

    September 2, 2010 04:20 pm at 4:20 pm |
  13. Steve-O

    How could it possibly be 'irrelevant' to the trial?!...It's the REASON for the trial!

    September 2, 2010 04:21 pm at 4:21 pm |
  14. Ken in NC

    Kudos to theJudge. There's a man with some common sense.

    September 2, 2010 04:22 pm at 4:22 pm |
  15. Whatever

    THANK GOODNESS!!!!!!!!!! Crazy folks!!!!

    September 2, 2010 04:23 pm at 4:23 pm |
  16. TexFandango

    An appropriate decision by the military court. Time to move forward with a trial and conviction – based on LTC Lakin's own statements. Yes, it is the responsibility of every officer and solder to ensure that the orders they follow are in accordance with the Uniform Code of Military Justice; however, it is not their prerogative to disobey orders due to personal opinions relating to the legitimacy of the Commander in Chief. If countenanced, that would make commanding troops untenable and incite anarchy where we can least afford it: In combat.

    September 2, 2010 04:25 pm at 4:25 pm |
  17. Marcus

    If this birther wants to voice his stupidity,it's his right. But he can't expect that everybody else will pander to his delusions. And if by voicing his delusions he puts at risk his career and even his freedom, he knew what he was doing all along... Pay the price.

    September 2, 2010 04:28 pm at 4:28 pm |
  18. Patriot

    Send the birther to Abu Gharaib and let him complain there.

    September 2, 2010 04:29 pm at 4:29 pm |
  19. Dean

    The Guy is a coward

    September 2, 2010 04:31 pm at 4:31 pm |
  20. Dutch/Bad Newz, VA

    Hawaii has released a copy of the president's birth certificate – officially called a "certificate of live birth" – and the hospital where he was born took out ads in two Hawaiian newspapers in 1961 announcing the birth.
    Send him to Leavenworth for disobeying a direct lawful order and derelection of duty. LTC Lakin has been in the military long enough to understand the UCMJ. As a veteran, I must say that you are a disgrace to the uniform sir.

    September 2, 2010 04:31 pm at 4:31 pm |
  21. Marcus

    And let's not forget the obvious fact.
    He was born in Hawaii and the proper document to register births in that STATE is the "certificate of live birth".
    There may be other documents in other STATES that are called "certificate of live birth" without the same LEGAL STATUS that Hawaii gives to the document with this name, which seems to be the origin of many delusional rants from the birthers, but what matters is what HAWAII recognizes as "certificate of live birth", NOT the other states.

    September 2, 2010 04:33 pm at 4:33 pm |
  22. Marty, FL

    Oy vey, another birther...LOL

    The glaringly absurdity is the tax dollars these CONSpiracy theorists are wasting in our court system. It's nonsense.

    September 2, 2010 04:36 pm at 4:36 pm |
  23. Troy

    This is really getting old. End this trial and send this traitor to Gitmo.

    September 2, 2010 04:40 pm at 4:40 pm |
  24. Sissy

    Give this idiot a "Dishonorable Discharge" and put him in the Brig for awhile.......this kind of Military person does not deserve the Honor and Respect Americans give to the rest of our Fighting men and women in uniform.......he is a disgrace.....more like a Coward that is just trying to find a way to get out of going to Afganistan because he is scared......either way this kind of soldier is more a threat to the rest of our military men and women than the Taliban........sure wouldn't want this man in a battle with my son or daughter sharing the same Fox Hole.......

    September 2, 2010 04:40 pm at 4:40 pm |
  25. Kaci

    I don't have any sympathy for this guy. You can't say, "oh, I don't think I'll go today~" It's been proved that Obama is the President of the United States....that's enough. Birthers are nutty people. They apparently can't reason out birth certificates or ads in papers.

    September 2, 2010 04:42 pm at 4:42 pm |
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