Sharon Rondeau – Lt Col Lakin Waives Article 32 Hearing

DECORATED ARMY DOCTOR WHO HAS REFUSED

TO FOLLOW ORDERS DUE TO DOUBTS ABOUT
OBAMA’S LEGITIMACY WILL GO STRAIGHT TO
COURT MARTIAL
Lt. Col. Lakin waives Article 32 Hearing

Author: Sharon Rondeau

Date: June 11, 2010
http://www.thepostemail.com/2010/06/10/lt-col-lakin-waives-article-32-hearing/

Lt. Col. Lakin has waived the initial hearing which had been scheduled for June 11, 2010.
He now expects to go straight to court martial.

(Jun. 10, 2010) — Army flight surgeon Lt. Col. Terrence Lakin has waived1 a preliminary, or
Article 32, hearing2 which had been scheduled3 for this Friday, June 11, 2010 at the Walter
Reed Army Medical Center in Washington, DC.

According to the press release4 of June 9, 2010, Lakin waived the hearing because the Army
had “made it impossible” for him to adequately defend himself. Information which Lakin had
requested for his defense had included records from the Hawaii Health Department which
purportedly has Obama’s birth information; the testimony of Dr. Chiyome Fukino5, Director
of the Hawaii Health Department, school and college admission records, and financial aid

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Sharon Rondeau – Lt Col Lakin Waives Article 32 Hearing

information. He had also asked that Obama testify. His requests were denied6 by Lt. Col.
Daniel J. Driscoll, Investigating Officer.

A video7 has been released wherein Lt. Col. Lakin describes what he expects to happen next
and what he sees as Obama’s questionable documentation released on the internet during the
2008 presidential campaign.

Cody Robert Judy, candidate for U.S. Senate from Utah and former presidential candidate,
has filed an Amicus Curiae brief8 with the U.S. Army on behalf of Lt. Col. Lakin.

When The Post & Email asked Tim Harrington, former Marine and author of the Citizens’
Tsunami blog,9 if the new development was favorable or unfavorable to Lakin’s case, he
answered:

Mr. Harrington: Yes. By waiving the (Article) 32, it brings it right into the court-martial
atmosphere. It’s the perfect way to do it. What we put up at The Jaghunter10 and I’m getting
ready to put up on Citizens’ Tsunami will show you all of the government agencies who came
on as soon as that went up, because they cannot get around it.

The only standing the American people have right now, with the amount of time we’ve spent
in the War Articles,11 or the UCMJ12 (Uniform Code of Military Justice), is the court martial.
The only change of the War Articles was the name in 1950. The interesting part of 1949,
going into 1950, brings us back to 1881. In 1881, in the War Articles, they came up with a new
idea called the Rules of Procedure. So if you take what’s happened and you take the changes
of what they’ve inflicted on the citizens’ common-law courts of 1946, which actually took the
power of the individual in the Grand Jury process (because that’s where the power lies; it does
not lie in the judge, the court, or the prosecutor). The Constitution guarantees you two
protections: a grand jury and a petit jury. Nobody can be indicted13 without the permission
of a grand jury. They tried to use an Article 32 as if it were a grand jury process. It is not. It’s
not even connected in any shape, manner or form to the Constitution or the Judiciary of the
United States.

But by making up the rules that they came up with in 1946, they took away the citizen
oversight of any criminal activities at the federal or state level. If a case were brought in
front of a grand jury, and through the process of that grand jury, they found other events that
were criminal, they had the right to investigate that and place a presentment, or indictment,
on those events. That’s why they were called a “runaway grand jury.”14

In 1946, they came up with the Rules of Procedure,15 whether they’re criminal rules of
procedure or civil rules of procedure, which the states afterward adopted in their own ways
through their own state legislation. They physically took away your standing, as you keep
hearing from everyone, because of their rules. Basically, you have been under a form of
martial law by your own judiciary since 1946. Your common-law court under the
Constitution ceased to exist.

The Post & Email then asked: However, that could not trump the Constitution, could it?

Mr. Harrington: It doesn’t change the Constitution at all. What it did was take your rights,
your protection (your rights come from your protection; the Bill of Rights and the

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Sharon Rondeau – Lt Col Lakin Waives Article 32 Hearing

Constitution are your protection; they’re not your rights) as a citizen of the United States,
whether you’re naturalized or natural born, it doesn’t matter; those are your protections. So
what they did was usurp your constitutional protections by inserting Rules of Procedure. And
that’s why when the American Grand Jury16 made those presentments17 and a gentleman
named Mack Ellis brought them into the Circuit Court in DC, Judge Lamberth came back
with an opinion and said, “You’re absolutely correct. Under the First Amendment you have
the right to assemble, do this, and make a presentment. But under the Rules of Procedure
which are now in place, I don’t have to recognize that.”

Now you have a federal judge on record telling you, the people, that he no longer has to listen
to you because they came up with their own rules, just like the Uniform Code of Military
Justice and War Articles.

The Post & Email: As if that trumps the Constitution?

Mr. Harrington: That’s exactly how they’ve gotten away with it since 1946. As we both
know, you can’t pencil in a change to the Fifth Amendment without a ratification or a
constitutional convention. They just did it, and for 46 years, it has grown to where it is today.
The court system is operating under Admiralty Law,18 international law; there’s no doubt
about that. I’m not big into the flag19 deal, but it makes sense, because in 1959, all of a
sudden you had military flags in all public, federal and state institutions.

The Post & Email: Was that done purposely?

Mr. Harrington: Yes, because you’re in an Admiralty Law environment. If Obama has
done anything, he has at least gotten the country to wake up to what they’ve lost to date for
not paying attention for the last 65 years.

The Post & Email: Which is longer than many of us have been alive.

Mr. Harrington: Exactly. But this Article 32 or this court martial is the only standing that
the American people have today to get the answers which 80% of the country wants.

The Post & Email: Because of those rules that were put into place in 1946?

Mr. Harrington: No, the rules in 1946 go to the civilian judiciary, and that is where they
took away your standing. The only place you have standing right now in this situation is in a
military court martial, because the military cannot operate or exist without a legitimate
commander-in-chief. They cannot even convene this court martial. Every court martial since
the day this man (Obama) was inaugurated revolves around the commander-in-chief. They
will argue that the system stands on itself; it does not. The only power Congress has,
especially when this idiot reviewing officer who said it’s a constitutional problem and not the
military’s problem – the military can’t make those statements unless they know that their
orders are lawful.

The Post & Email: Do you think Investigating Officer Daniel Driscoll has checked to see if
Obama is a legitimate commander-in-chief?

Mr. Harrington: It doesn’t matter. It’s not his right to assume; it’s no one’s right to

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Sharon Rondeau – Lt Col Lakin Waives Article 32 Hearing

assume. This goes directly to the Joint Chiefs of Staff.20 With the amount of questions that
are there about the man’s background and whether or not he’s legitimate, the military is
obligated to make sure he is. Otherwise, there has not been a lawful order given to the
military since the January 20, 2009 inauguration.

The Post & Email: Why has Driscoll issued an opinion which says that Lakin can have
certain pieces of the information he requested for his defense but not all of it?

Mr. Harrington: Because he’s an idiot. Let me give you an example. Walt and I have been
involved in some other military cases such as the Iron Triangle.21 Sergeant Hutchins22 is
sitting in a brig at Camp Pendleton today as you and I are speaking. On April 22, an en banc
appellate jury, which is all nine judges, overturned his conviction. So on April 22, this young
sergeant became an innocent man. But today he’s still in solitary confinement in Camp
Pendleton.

The Post & Email: Why is that?

Mr. Harrington: Because they can’t afford to let him out. The bigger question is, “Why is
he behind bars?” This is a kid who has no conviction any more, no charges, no nothing, but
he is still, in fact, incarcerated. It’s called “preventive detention.”

The Post & Email: Is there any chance he will be released?

Mr. Harrington: There’s a hearing on Monday on whether they will let him out. But the
thing is, as you and I are talking, there’s no reason to have that hearing to make that decision
because there are no charges against him to keep him there. They’re going to bring it to
COMA23 (Court of Military Appeals) and go in front of COMA and argue, but they have no
merit to argue in front of COMA to overturn the appellate process because what was done to
him was egregious, according to the UCMJ. His defense counsel was released without
notification to the defendant, and he was left without an attorney. And their only other
avenue, which they should have done immediately, as far as the JAG Corps, was to bring him
back, if he was guilty, on the original charges on which they convicted him. They cannot add
anything; they have to bring him back on the exact same charges. The problem there is that
they can’t, because the military, especially the Marine Corps, the Department of Defense, and
the media will be exposed. What does happen is that the defense gets to bring in all the stuff
we’ve dug up in four years of what has been done and withheld and enter it into evidence.
They can’t afford to have that happen.

The Post & Email: So what is going on with the military?

Mr. Harrington: The military is completely corrupt at the leadership level. Another
Marine who does a lot of writing came up with a description, and it made sense: You have
two parts of the military: You have the band of brothers, who are your heavy lifters, your
young men and women on the lower end of the food chain and their families. That is the
backbone of the military. Then you have the corporation, and the corporation is in bed with
what is going on in DC today. They turned their heads away from the Constitution years ago.

The Post & Email: Before Obama?

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Mr. Harrington: Way before Obama. The military complex is nothing about power and
money; the military and the JAG Corps is the biggest law firm in the world. What do you
need that for when you have the Department of Justice? In the changes of 1950 in the UCMJ,
the only thing that was supposed to happen at that point, besides just changing the name, was
to have officers of the court, attorneys who had graduated and had state licenses, to be
defenders and prosecutors. The other major change was instead of having just any old officer
as a reviewing officer, you actually had appointed officers and judges by the name, but only
appointed by the Department of Defense. That’s no judge. It’s an attainted system.

Now ask yourself, on a state license, to be an officer of the court as an attorney, how do you
then go in the military and all of a sudden become a federal attorney? The military, right
now, is in every aspect of law there is: international law, contract law; they’re in your
neighborhoods; they’re in civilian law. Then what is the DOJ for? Either you have this law
firm or you have that law firm. The problem is that they’re combined, and that’s why we kept
saying that the military system is coming into the citizenry. You couldn’t have Northcom; you
couldn’t have what went on in Samson,24 AL; you can’t have a lot of the things that you see
going on a daily basis that people just take for granted. Your Constitution doesn’t exist.

The Post & Email: Has Obama done away with it?

Mr. Harrington: Obama is the force and function to bring this all to the front burner.
Because of what’s happened, and if, in fact, by not producing anything in 15 or 16 months, the
government has already shown its guilt. If in fact anything could have been produced to
substantiate Obama’s birth in Hawaii, it could have been done in ten minutes. And what you
have going on here is a major meltdown of the entire system, because it’s corrupt not just at
the federal level; you’re corrupted all the way to the state level. Your state attorneys general,
elections commissions and electoral colleges are all responsible25 for vetting the person who’s
on the ballot, so they all have become co-conspirators if, in fact, he’s illegitimate, in the act of
treason.

The Post & Email: All of those entities said they weren’t responsible or that it was a non-
issue.

Mr. Harrington: It’s also bigger than that, because if you go back to Philip Berg’s case26 in
Washington, DC, Judge Robertson said that Obama had been vetted by having been
“twittered27 and blogged.” The most important part of that is in his opinion to Berg, he said
that Berg did not meet the requirements prior to the president taking office. That meant that
he didn’t contact his attorney general to make a complaint; he didn’t go to the Elections
Commission, and he didn’t contact the Electoral College to make a complaint there. Everyone
got into it after the election had taken place.

Commander Fitzpatrick and I have the paperwork to show that months prior to that
decision, every one of those things had been done in a timely manner. Walter got a hold of
the state elections commission in Tennessee; he contacted the attorney general; we have that
all on record as well as the receipts for certified mail.

The Post & Email: And they didn’t do anything?

Mr. Harrington: All the way to Dick Cheney. We have the date of November 14 when Dick

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Cheney’s office signed for that letter prior to when Cheney, as president of the Senate,
convened the Congress to count the electoral college votes.

The Post & Email: And Cheney failed to ask for objections.28 According to the
Constitution, he was supposed to have asked, “Are there any dissenters?”

Mr. Harrington: Exactly. You have had a coup in Washington for power. That’s the only
explanation. And through the time of these last three presidents, if you look at the extensions
of the Insurrection Act29 and all the things that have been put in place through Homeland
Security30 and the powers given to Homeland Security, Northcom,31 all these executive
orders, etc. – the only way you get away with an executive order without protest after 30 days
in Congress is if we are at war on our own soil. We’re not at war. The only way for a court
martial or military tribunal to take place is if we were at war. The only legitimate time was
during President Lincoln’s time in office, when martial law32 was declared.

The Post & Email: Was that unconstitutional?

Mr. Harrington: Some say it is, but it was not. It was constitutional. It was the only time
in United States history that state and federal courts couldn’t be open. The North was
fighting the South. So as far as a legitimate time of martial law, it had to happen, because it
was the only time in our country when we were at war with ourselves. The only other time I
know of when martial law was implemented was during the earthquakes in the 1920s in
California. You had martial law during Hurricane Katrina, but nobody ever actually declared
it.

The Post & Email: If Obama declared martial law, would the military follow the order?

Mr. Harrington: That’s why Northcom is set up; they’re already prepared to do that. The
first reports which came out on Northcom were talking about 20,000 troops. The problem is
that 20,000 combat troops are rotating in and out of theater. Why are they now up to over
80,000?

When you get into police-state activities, just go back to the G-20 meetings in Pittsburgh.33
Look at the pictures to see what went on at the G-20. Look at all these new federalized
agents. Every town everywhere in the United States has at least one or two federalized
officers. It’s out of control, and it’s because the government has usurped its powers. If the
Constitution was in place, the health bill couldn’t go through. People say that we have no way
of removing these people. The answer is, “Yes, you do.” The Constitution shows you a bill of
attainder is, in fact, for sitting representatives for one crime for which they can held
accountable federally: the AIG bailout. Remember that Barney Frank, Chris Dodd and the
whole crew wanted to single out the people who got the bonuses and tax 98% of that back to
the federal government. That’s a bill of attainder. They’re being put upon without the
permission of a jury. Now, not only is that an act of attainder (and that’s exactly why the
Senate didn’t pick it up), it doesn’t matter whether it became law or not. You have a voting
record, and you have a bill that was presented. So you have all the ayes and all the nays there,
but all of them combined allowed it to happen. That is a bill of attainder.

The criminals in command are aligned with the criminals in government. By allowing a
usurper to ascend to the office of president, there is no control over the armies and navies.

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We are in a constitutional crisis and national security crisis at the same time.

EndNotes:

1 http://www.safeguardourconstitution.com/

2 http://www.militarylawyers.org/article-32-investigations.htm

3 http://www.safeguardourconstitution.com/press-release/may-12-army-schedule-
formal-hearing.html

4 http://www.safeguardourconstitution.com/news/press-release-june-2010.html

5 http://hawaii.gov/health/about/admin/directorbio.html

http://www.safeguardourconstitution.com/images/stories/documents/io_ruling_on_
def_request_for_witnessesevid-usvlakin.pdf

7 http://obamareleaseyourrecords.blogspot.com/2010/06/ltc-terry-lakin-speaks-out-
on-his-court.html

8 http://codyjudy.blogspot.com/2010/06/amicus-curiae-in-defence-of-ltcol-lakin.html

9 http://citizenstsunami.wordpress.com/

10 http://thejaghunter.wordpress.com/

11 http://en.wikipedia.org/wiki/Articles_of_War

12 http://www.ucmj.us/

13 http://www.usconstitution.net/xconst_Am5.html

14 http://www.newswithviews.com/Stang/alan195.htm

15 http://en.wikipedia.org/wiki/Federal_Rules_of_Criminal_Procedure

16 http://americangrandjury.org/

17 http://www.transworldnews.com/NewsStory.aspx?id=152736&cat=19

18 http://topics.law.cornell.edu/wex/admiralty

19 http://usa-the-republic.com/items%20of%20interest/flag%20code.html

20 http://www.jcs.mil/

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21 http://en.wikipedia.org/wiki/Iron_triangle

22 http://thejaghunter.wordpress.com/2010/05/21/navy-jag-attainder-sergeant-of-
marines-lawrence-gordon-hutchins-iii/

23 http://www.texasdefenselawyers.com/html/military-law.html

24 http://australianetworknews.com/stories/200903/2513871.htm?desktop

25 http://www.archives.gov/federal-register/electoral-college/procedural_guide.html

26 http://citizenwells.wordpress.com/2009/03/06/hollister-vs-soetoro-us-district-
judge-james-robertson-march-5-2009-philip-berg-hemenway-obama-not-eligible-col-
hollister-barry-soetoro-judicial-judge-robertson-memorandum-air-force-colonel/

(or a shorter link http://tinyurl.com/3yzbbss)

27 http://www.wnd.com/index.php?fa=PAGE.view&pageId=90955

28 http://www.archives.gov/federal-register/electoral-college/procedural_guide.html

29

http://www.law.cornell.edu/uscode/html/uscode10/usc_sup_01_10_10_A_20_I_30
_15.html

30 http://www.dhs.gov/index.shtm

31 http://www.northcom.mil/

32 http://en.wikipedia.org/wiki/Martial_law

33 http://www.g20media.org/node/253

About Sharon Rondeau, Managing Editor:

Mrs. Rondeau is a natural born American citizen who joined the Patriot movement shortly
before the 2008 election. Since that time, she has been a regular contributor to several
grassroots websites and has been a member of the American Grand Jury from its inception in
March 2009. Sharon is the full-time caretaker of an adult disabled son.

Web Site: http://www.thepostemail.com/

Contact: http://www.thepostemail.com/contact-us/

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About Tim Harrington:

Bayside Graphics, a small Cape Cod art and design company owned by a former US Marine
Sergeant and his wife, have launched Citizen’s Tsunami apparel in an effort to unify patriotic
organizations concerned about their nation.

“We wanted to do something that addressed some of our concerns about the patriot
movement.” – said Bayside Graphics owner/artist Tim Harrington.

“My wife and I believe deeply in American freedom and liberty, as well as the free-market
solutions to economic challenges that made the USA the most prosperous nation on earth.” –
“We also believe in the patriot movement across the nation, but are concerned about
organizations failing to unify and work together. We are concerned that average citizens
are being pushed into a financial corner where they will be forced to choose between
socialism and starvation, and that well-intended patriot groups will fail to stop it from
happening by failing to organize or unify.” Harrington said.

Web Site: http://citizenstsunami.wordpress.com/

###

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