Lakin court martial, Obey orders, Disobey orders, Oath of office, US Constitution

Several days ago we learned.

“PRESS RELEASE
Army Refers Charges Against Lakin To Court Martial
Military Judge Appointed
Arraignment Set for Hearing on August 6, 2010
Washington, D.C., August 2, 2010.  The Army has now referred charges against LTC Terrence Lakin for a General Court Martial.  This action triggered the appointment of a Military Judge to preside over the trial, which will likely be scheduled before October, and held in Washington, D.C. at Ft. McNair.
 
On August 6, 2010 at Ft. McNair in Washington, D.C., the court will convene for the purpose of Judge Lind taking Lakin’s plea to the charges which consist of “missing movement” and of refusing to obey orders.”

The military officers oath of office.
“I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Under the Uniform Code of Military Justice, UCMJ, it is a crime to disobey a lawful order. Ultimately all orders flow from the commander in chief, the office of the president of the US. Here is an example of an order that should be challenged. Let’s suppose that a coup was taking place in the US. Let’s suppose that a rogue Speaker of the House was keeping the the president and vice president captive in a secret place and announced that they had been killed. Let’s further suppose that the Speaker gets sworn in rapidly and then begins issuing orders to the military. Let’s further suppose that an order is issued for an invasion of a country. Should military officers blindly follow this order?

The answer is obvious. The orders and the Speaker taking the presidency should be questioned, more information obtained.

We have a very similar situation now with Barack Obama illegally occupying the White House with no proof whatsoever that he is eligible. Terry Lakin has every right and duty to question this. Obama continues to use government attorneys to avoid presenting a legitimate birth certificate and other records. We have a usurper in the White House and thus every military order is subject to question.

LTC Lakin has a duty to defend the US Constitution and disobey illegal orders. It is Lakin’s superiors who should be court martialed.

Notice the emphasis placed on eligibility in the presidential line of succession.

 US Code

TITLE 3 > CHAPTER 1 > § 19
§ 19. Vacancy in offices of both President and Vice President; officers eligible to act
(a)
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.
(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.
(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that—
(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals.
(d)
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security.
(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.
(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.
(f) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.