Court-martial of Terry Lakin

The court-martial of Terry Lakin took place over December 14–16, 2010. Doctor Terry Lakin, a lieutenant colonel in the United States Army, announced that he would refuse deployment, and subsequently refused to deploy to Afghanistan because of his concerns over President Obama's constitutional eligibility to be president. It was Lakin's hope that he could request a copy of Obama's birth certificate as part of a court-martial, a goal that had eluded previous military defendants. Lakin had the support of three retired American generals, two of whom were working for Fox News Channel at the time.

Before Lakin went to court-martial, it was found by the judge that President Obama's eligibility (and hence his birth certificate) had no bearing on the case. Lakin pleaded guilty to two charges while pleading not-guilty to one other. Despite recanting his original concerns and asking the jury for leniency, Lakin was found guilty of all charges and sentenced to dismissal from the Army and a prison term of six months. Lakin was released from the United States Disciplinary Barracks after serving five of his six months. He was later denied a medical license in Kansas as a result of his dereliction of duty.

Background

Terrence Lee Lakin
D.O., M.P.H.

Lakin in Afghanistan (2005)
Other names Terry Lakin
Occupation Soldier
Flight surgeon
Years active 1992[1]–2010
Employer United States Army
Organization Walter Reed Army Med. Center
Home town Greeley, Colorado, US
Salary US$92,977.20[2]
prior to dismissal
Awards Bronze Star Medal

Terrence Lee Lakin is a native of Greeley, Colorado.[3][4] He has a doctorate in osteopathic medicine and a master's degree in public health.[5]

Lakin deployed with the US Army six times prior to his dismissal from the service, and is a recipient of the Bronze Star Medal.[5] In 2005, while assigned as a flight surgeon to the 4th Cavalry Regiment, then-Major Lakin was named as the Army Medical Department's Flight Surgeon of the Year for 2004.[6]

Refusal to deploy

Then-Lieutenant Colonel (LTC) Lakin had orders to report to Fort Campbell, Kentucky on April 12, 2010,[7] for his second deployment to Afghanistan.[8][9] On March 30, 2010, American Patriot Foundation, Inc. (APF) posted a video to YouTube of Lakin explaining his intent to disobey what he believed to be "illegal orders". Lakin explained that "all orders have their origin with the Commander-in-Chief", and he claimed that President Obama had not satisfactorily proven his constitutional eligibility for his station, so those orders could not be followed. President Obama had already released an image of his record of birth that showed he was born in Hawaii.[10] Lakin invited his court-martial to cause the president's legitimacy to be scrutinized, but also because he wanted the president to produce his original 1961 birth certificate to prove his "birth on American soil" and natural born-status.[9] Margaret Hemenway, speaking for the APF to Salon, repeatedly claimed that President Obama hadn't even released the same birth certificate Lakin had to give the military. The APF also raised funds to assist in Lakin's defense.[11]

Prior to April 12, Army officials stated they were aware of Lakin's intent to "violate articles 87 and 92 of [the] Uniform Code of Military Justice", but until he did so they had nothing further upon which to comment.[11] Instead of complying with his deployment orders, Lakin reported to the Pentagon. After being Mirandized[7] and informed by his commanding officer—Colonel Gordon Ray Roberts—that he would face court-martial, Lakin's Pentagon access badge and governmental laptop were confiscated.[8] Pending his court-martial, Lakin was assigned to duty at Walter Reed Army Medical Center in Washington, D.C..[7]

Analysis

Salon contributor Alex Koppelman noted that LTC Lakin was not the first US military member to "become a birther cause celebre", indicating the cases of Major Stefan F. Cook (Cook v. Good) and Captain Connie Rhodes (Rhodes v. MacDonald). Koppelman explained that neither of these lawsuits succeeded in a ruling on Obama's eligibility to be president. In contrast, since a court case (in this case, a court-martial) was the likely conclusion to Lakin's actions, his attorneys hoped that he could seek President Obama's original birth certificate for use in his defense.[11]

Commentary by others

Prior to Lakin officially violating his order to deploy, former Republican U.S. Senator Bob Smith, who founded the American Patriot Foundation, said: "...my personal belief is that when an officer has a constitutional question I don't have a problem with that being answered, that's his legal right to have that answered, but I'm not involved in it."[11] Three retired United States generals expressed support for Lakin. The first was retired Army Major General Paul E. Vallely, a senior military analyst for Fox News. In an interview, Vallely stated "I think many in the military – and many out of the military – question the natural-birth status of Barack Obama."[12] Following Vallely's announcement, retired Army Major General Jerry Curry[13] and retired Air Force Lieutenant General (and Fox News analyst) Thomas McInerney[14] also expressed public support for Lakin.

Trial

In September 2010, Lakin's military judge, Colonel Denise Lind, ruled that whether President Obama is constitutionally qualified for office had no legal bearing on Lakin's case. As such, Lakin could not make any demands for the president's birth certificate as part of his trial.[15]

On December 14, 2010, the first day of Lakin's court-martial at Fort George G. Meade, jurors were asked about their awareness of the "birther movement". Lakin pleaded guilty to violating article 92 of the Uniform Code of Military Justice (UCMJ) (failing to meet with a superior officer and failing to report to duty at Fort Campbell), and pleaded not guilty to violating article 87 of the UCMJ (missing a flight on which he was required); the court-martial continued on the second charge.[16][17]

Courtroom sketch of Lakin (left) and jurors (right) made 15 December

Facing up to 3.5 years in military prison and dismissal from the Army, on December 15 Lakin changed tack and stated that he was wrong to question the president's qualifications through his military service. He requested that the jury allow him to continue his career in the military ("I don't want it to end this way, I want to continue to serve"), and that he would now undertake his deployment if he could, even with his concerns about the president unaddressed. The defense brought witnesses before the court to testify on Lakin's behalf, describing the accused as a "compassionate physician" who always volunteered to help when needed. The prosecution introduced the officer that was deployed in Lakin's stead, who testified alongside his wife about how the last-minute deployment affected their lives.[18]

Lakin was found guilty of all charges on December 16. After five hours of deliberation, the jury sentenced him to six months in a military prison and dismissal from the Army, the sentence was approved by Major General Karl Horst. Lakin would begin his sentence immediately, though an automatic appeal would go before the United States Army Court of Criminal Appeals.[19][20]

Confinement and beyond

Lakin served five months in the United States Disciplinary Barracks at Fort Leavenworth, being released a month early on May 13, 2011.[21] On July 28, 2011, the United States Army Court of Criminal Appeals granted Lakin's request to withdraw his case from appellate review.[22]

Speaking on the subject of his outstanding appeals in June 2011, Lakin foresaw no complications in continuing to practice medicine.[23] On 21 October 2011, the Kansas State Board of Healing Arts denied Lakin a license to practice medicine in Kansas saying he "potentially jeopardized the health, safety and welfare of the military troops for which applicant was employed to provide medical care."[3]

Lakin later co-authored a book on his experiences, Officer's Oath: Why My Vow to Defend the Constitution Demanded that I Sacrifice My Career.[24]

References

  1. ↑ Sheridan, Michael (2010-04-14). "'Birther' Lt. Col. Terry Lakin to be court-martialed for refusing order to deploy to Afghanistan". Daily News. New York City, US: Mortimer Zuckerman. Archived from the original on 2011-01-06. Retrieved 2011-01-06.
  2. ↑ "2010 Military Pay Table" (PDF). Indianapolis, Indiana, US: Defense Finance and Accounting Service. p. 1. Archived from the original (PDF) on 2010-01-01. Retrieved 2011-01-01.
  3. 1 2 Smith, DeAnn (2012-02-02). "The doctor will/won't see you now". Kansas City, Kansas: KCTV. Archived from the original on 2014-03-31. Retrieved 2014-05-06.
  4. ↑ Lindenmayer, Colin (2010-04-02). "Soldier from Greeley won't go to Afghanistan until Obama produces birth certificate - WITH VIDEO". Greeley Tribune. Greeley, Colorado, US. Archived from the original on 2011-01-01. Retrieved 2011-01-01.
  5. 1 2 Lawrence, Chris (2010-08-06). "Iranian Lawyer Fears For Life; BP's Drilling Plans". The Situation Room. Season 6http://transcripts.cnn.com/TRANSCRIPTS/1008/06/sitroom.02.html |transcripturl= missing title (help). CNN.
  6. ↑ "14 March 05 OEF Deployment Photos". Schofield Barracks, Wahiawā, Hawai'i: 25th Infantry Division. 2005-03-14. Archived from the original on 2010-01-01. Retrieved 2011-01-01.
  7. 1 2 3 Dimascio, Jen (2010-04-14). "Army birther under investigation". Politico. Arlington County, Virginia, US: Allbritton Communications Company. Archived from the original on 2011-01-06. Retrieved 2011-01-06.
  8. 1 2 Miklaszewski, Jim; Mark Murray (2010-04-13). "Army to court martial 'birther' officer". GE Building, New York City, US: NBC News. Archived from the original on 2010-01-02. Retrieved 2011-01-02.
  9. 1 2 Lakin, Terry (2010-03-30). American Patriot Foundation: FTC Terry Lakin Defense Fund. San Bruno, California, US: YouTube. Archived from the original on 2010-01-01. Retrieved 2011-01-02.
  10. ↑ Hollyfield, Amy (2008-06-27). "Obama's birth certificate: Final chapter". Politico. Archived from the original on 2015-09-26. Retrieved 2015-12-09.
  11. 1 2 3 4 Koppelman, Alex (2010-04-05). "New soldier joins Birthers' anti-Obama crusade". Salon. Salon Media Group. Archived from the original on 2010-01-02. Retrieved 2011-01-02. Army lieutenant colonel says he'll refuse to obey any orders because of his concerns about president's eligibility
  12. ↑ Minor, Jack (2010-04-29). "Lakin receives support from retired Army General". Greeley Gazette. Greeley, Colorado, US: Zera Communications. Archived from the original on 2011-10-21. Retrieved 2011-01-06.
  13. ↑ Minor, Jack (2010-08-09). "Second General backs Lakin, says President should produce birth certificate". Greeley Gazette. Greeley, Colorado, US: Zera Communications. Archived from the original on 2010-11-14. Retrieved 2011-01-06.
  14. ↑ Linkins, Jason (2010-09-01). "Fox News Military Analyst Comes Out As Birther". The Huffington Post. New York City, US. Archived from the original on 2011-01-06. Retrieved 2011-01-06.
  15. ↑ "Army Birther Terrence Lakin Pleads Guilty After Disobeying Orders". The Huffington Post. New York City, New York: AOL. 2010-12-14. Archived from the original on 2010-12-18. Retrieved 2014-05-06.
  16. ↑ "Army birther pleads guilty to 1 of 2 charges". GE Building, New York City, US: MSNBC. Associated Press. 2010-12-14. Archived from the original on 2010-01-01. Retrieved 2011-01-01. The physician disobeyed orders to deploy to Afghanistan because he questions President Barack Obama's citizenship
  17. ↑ Hemmerly-Brown, Alexandra (2010-12-15). "Army doctor pleads guilty to three specifications in court-martial". United States Army. Army News Service. Archived from the original on 2014-05-06. Retrieved 2014-05-06.
  18. ↑ "'Army Birther' Terrence Larkin Changes Course, Says Will Deploy". The Huffington Post. New York City, New York: AOL. 2010-12-15. Archived from the original on 2010-12-18. Retrieved 2014-05-06.
  19. ↑ "Terrence Lakin Sentence: 'Army Birther' Gets 6 Months In Military Prison". The Huffington Post. New York City, New York: AOL. 2010-12-16. Archived from the original on 2010-12-18. Retrieved 2014-05-06.
  20. ↑ Hemmerly-Brown, Alexandra (2010-12-17). "Lakin discharged, sentenced to six months". United States Army. Army News Service. Archived from the original on 2014-05-06. Retrieved 2014-05-06.
  21. ↑ Jordan, Bryant (2011-05-18). "Ex-Army 'Birther' Doctor Released From Leavenworth". Military.com. Archived from the original on 2011-06-21.
  22. ↑ "United States v. Terrence L. Lakin" (PDF). July 28, 2011. Retrieved August 2, 2011.
  23. ↑ Jordan, Bryant (2011-06-28). "Birther Doc Wants Some Benefits". Military.com. Archived from the original on 2011-06-29.
  24. ↑ Lakin, Terry; Cashill, Jack; Mercaldo, David. OFFICER'S OATH: Why my vow to defend the Constitution demanded that I sacrifice my career. Amazon.com. ISBN 978-0578086644. Retrieved 2014-05-06.
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