The Constitution, The Military and The Birth Certificate

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updated Feb 28, 2011

By Author - LawCrossing

12/15/10

Lt. Col. Terrence Lakin, a physician who was set to deploy to Afghanistan but disobeyed direct orders in early 2010, is facing a military court this week. He took his argument to the people months ago with a series of YouTube videos and declared that any ''reasonable person'' who views the evidence of the birth certificate from Hawaii would have serious doubts of its legitimacy. Birth certificates have historically provided certain information, such as the hospital where the birth occurred and the primary physician, though President Obama's 1961 birth certificate lacks both. Lt. Col. Lakin says he will deploy once indisputable proof of where President Obama was born is presented, and provided he doesn't find himself with a prison sentence.

There are those in the U.S. known as ''birthers'' who openly dispute the legitimacy of the records presented. Lt. Col. Lakin is one of them. He and other birthers say Hawaii's procedure of not releasing a certified birth certificate to anyone without a ''tangible'' interest is moot, since anyone who chooses to run for the presidency lays bare everything, including his place of birth. The Constitution is clear: you run for office, you open your life. Not doing so should disqualify anyone from seeking the presidency, according to Lakin's lawyers.

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Earlier this year, one military judge declared Lakin's argument insufficient justification for not reporting for deployment. He appealed the case and did not report for his second tour of duty. His attorney, Neal Puckett, who is civilian versus a military lawyer, says he's confident his client will be convicted of something, though he's not sure what. He says he doubts his client will be acquitted of failure to report. Lakin is a surgeon who had already spent one tour of duty in Afghanistan. He now faces close to four years in prison if convicted of all the charges he faces.

The trial and sentencing phase collectively should take no more than three days and Lakin remains hopeful.
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