updatehttp://www.wnd.com/index.php?fa=PAGE.view&pageId=137013WND Exclusive BORN IN THE USA?
Officer questioning eligibility faces new threats from Army
'You could be sentenced to dismissal, confinement'
Posted: April 05, 2010
9:00 pm Eastern
By Bob Unruh
© 2010 WorldNetDaily
Lt. Col. Terry Lakin is the highest-ranking and first active-duty officer to refuse to obey orders based on President Obama's eligibility.
The Army is threatening to dismiss and jail an active-duty lieutenant colonel who says he won't obey military orders until he knows that President Obama is in the Oval Office as a constitutionally eligible president, according to his supporters.
A statement given to WND today by Margaret Hemenway, who is acting as a spokeswoman for the case involving the American Patriot Foundation and Army Lt. Col. Terrence Lakin, said Lakin is "undaunted" and has not changed his position.
Lakin announced his position with a video stating he would not follow orders because he was not sure of their legality under Obama, who has concealed personal information that could confirm he meets the constitutional requirement that a president be a "natural born citizen."
WND reported earlier when the Army "unofficially" recommended a medical evaluation, which Lakin refused.
New strategy unveiled on answering Obama's eligibility questions. See how you can help.
Now, the Army has issued a "counseling form" warning Lakin his deployment orders are valid. The document has been posted on the Safeguard Our Constitution website, which is assembling support for the officer.
"On 30 March 2010, this command became aware of your intentions to refuse to follow deployment orders. Your stated reason for refusal was your belief that the election of the President of the United States is invalid because you believe he is not 'native born' [sic]. This counseling is to inform you that your deployment orders are presumed to be valid and lawful orders issued by competent military authority," said the document from the "counselor," Lt. Col. William D. Judd.
The letter reminded Lakin of his April 12 due date at Fort Campbell, Ky.
"Failure to follow your reassignment and/or deployment orders may result in adverse action including court-martial," the officer was warned.
The document cited articles 86, 87 and 88 of the Uniform Code of Military Justice: being missing, disobeying an order and contempt).
"If found guilty … you could be sentenced to dismissal from the service … forefeiture of all pay and allowances; and confinement for a period of months or years in a military prison," the warning stated.
The statement released by Hemenway noted Lakin is being supported by "hundreds" of people who have donated to his legal defense fund. He announced his refusal to obey orders after unsuccessfully following channels to get the same verification from the president that the officer has been required to provide throughout his 18-year military career.
The website also notes that the "counseling" document wasn't completely accurate. It's not "native-born" that is in question for Obama; it is the constitutionally mandated "natural born citizen."
Although the term is not defined in the Constitution, legal scholars believe it is best understood to mean a U.S. child of U.S. citizen parents.
WND has reported that the controversy raises the prospect that the government ultimately may not want to pursue a prosecution because a defense attorney could demand in court proof that the orders are issued by an eligible president.
Even participants in a forum on the left-leaning Huffington Post website seemed to agree in part.
"Freakin' Brilliant!" said one. "They can't court-martial him [without] the defense getting the judge to order the the (sic) birth-certificate be produced! Either Obama will have to produce or they can't prosecute. Genius."
