UPDATE: U.S. Army Staff Sergeant Raymond Lee Girouard’s military attainder erased in part

Knoxville News Sentinel (Link)

by Mat Lakin

The former soldier from Sweetwater, Tenn., who beat charges of war crimes has won another legal victory.

The U.S. Court of Appeals for the Armed Forces last week threw out Ray Girouard’s negligent homicide conviction in the deaths of three Iraqi captives during a May 2006 raid on a suspected training camp for terrorists. (Link)

More: Steele’s March (Part I with links to Parts II, III, IV and V)

CAAF log (Link)

TREASON complaint renewed: It’s been two-years!

A Robert Hefner illustration

The Fundamental Transformation of America (click here)

National Call to Action: A Season of Treason  (click here)!

The National Call to Action means YOU! (click here)

 

Click on Robert Hefner's illustration for OPERATION AMERICAN FREEDOM!

 

 

17 March 2011 OBAMA TREASON COMPLAINT (click here)

Thursday 17 March 2011

From: Walter Francis Fitzpatrick, III, United States Navy Retired

To: The Federal Grand Juries sitting in Knoxville, Tennessee

SUBJECT: Renewed formal criminal complaint naming Barack Hussein OBAMA and OBAMA’s CRIMINAL ASSISTANTS in commission of the crime of TREASON against the United States of America.

1.     We are arrived at a point in our Nation’s life where Barack Hussein OBAMA and OBAMA’s CRIMINAL ASSISTANTS threaten the life of our Nation to the point of death. OBAMA and his CRIMINAL COHORTS install an unconstitutional, rival and competing government that replaces our United States Constitution.

2.     Mr. OBAMA’s unconstitutional government is thriving and growing. Under Mr. OBAMA the United States Constitution no longer operates. Mr. OBAMA and his OUTLAW PARTNERS enforce only their own form of unconstitutional, treasonous government.

3.     Proofs and evidences of OBAMA’s TREASON are manifest. Moreover we have Mr. OBAMA’s two-year silent agreement and consent.

4.     Chillingly we find senior military officials, command racketeers, no more obedient to the United States Constitution than Mr. OBAMA.  I point to the ATTAINDER courts-martial of Army Colonel, Doctor Terrence Lakin and Sergeant of Marines Lawrence Gordon Hutchins, III. I point to the militarization of domestic emergency services and civilian police forces.

5.     Law enforcement officials of every stripe are paralyzed in their unwillingness to do their duty. State and Federal judges accept OBAMA’s TREASON and are derelict in the performance of their duties (enclosures below).

6.      I on the other hand refuse to accept the complicity of cowards. I insist and inspire YOU, the Federal Grand Jury, in the exercise of your Great Commission: The Power of Presentment. You are capable of transforming a collective fear and shame darkening this land in to the peaceful exercise of constitutionally recognized law enforcement.

7.     Be mindful and clear on this point, this point alone: We the People—in one aspect or another—are the final arbiters in this matter. We the People hold in our hands the final appeal our Declaration of Independence and United States Constitution command.

Here endth the lesson,

/s/

Enclosure (1) 02 July 2009 Royce Lamberth Court Order (click here)

Enclosure (2) 01 April2010 Carroll L. Ross Grand Jury Order of Instruction (click here)

~~~~~~~~~~

The first criminal complaint naming OBAMA in commission of TREASON!

Tuesday, 17 March 2009 (click here)

~~~~~~~~~~~

The Great Commission – The Power of Presentment! (click here)

 

Cometh the hour cometh the man. An open letter to all Federal Grand Juries regarding their Great Commission: The Power of Presentment!

The Season for Treason (click here)

Click on Robert Hefner illustration to read A Season for TREASON!

Walter Francis Fitzpatrick, III

Wednesday, 16 March 2011

Federal Grand Juries #1 and #2 sitting in Knoxville, Tennessee

c/o Jury Administrator Helen Spears

800 Market Street; Suite 130

Knoxville, Tennessee 37902

To the Foreman and Jurors:

Accept this as a call to action in the exercise of your Great Commission!

Our Founding Fathers commissioned you as the most powerful law enforcement agency known in human history. In your Great Commission the Founders invest in you the Power of Presentment. Your Power of Presentment and Great Commission authority are reduced to writing in this day still as found in our United States Constitution.

We are arrived at a point in our Nation’s life where the life of that Nation is threatened to the very the point of death. Dictatorial and tyrannical government oppressions are intolerable. Another unconstitutional, rival and competing government is installed and thriving in the place of our United States Constitution.

Our present system of government is unsound and unconstitutional. Our laws are unstable. Government functionaries appropriate your Great Commissioned using the Power Presentment against We the People. We all of us are besieged and betrayed by a terrible affliction. We all of us smell the rotten order in our Country while the judges refuse to sniff their own robes.

Reclaim your appropriated and abused Great Commission. Renew the purpose and design of your Power of Presentment.

Lawlessness begets lawlessness. Your clear and compelling duty is to see to the great work We the People bring to you. Cometh the hour cometh the man!

Born fighting,

/s/

ACTS of TREASON!

The Post & Email (click here)

Sharon Rondeau Post & Email managing editor radio interview archive (click here)

CLICK HERE to give voice in answer to Dave Weinbaum’s question regarding OBAMA’s TREASON!

Do you think it’s treasonous for Obama to continue his ban on drilling
in light of his contempt citation and the growing crisis in the Mideast ?



SOETORO-OBAMA commits an Act of War–TREASON– against the United States of America forcibly resisting the United States Constitution by successfully installing a rival, unconstitutional competing government. (click here).

Precedent: The Whiskey Rebellion (click here)

• Obama declares war on the states (Arizona for example) (click here).

• Obama deploys troops to Samson, Alabama. The Constitution forbids civilian-military partnerships in civilian criminal law enforcement operations (militarization of our domestic police forces – click here).

• Obama takes a seat as president of the United Nations Security Council (click here).

• Leftist Judge Rule ObamaGov can force U.S. Citizens to buy its products (Health care bill outcome – click here).

• Lieutenant Colonel Lakin’s attainder court-martial (click here and click here).

• The North American Union: Every attempt to erase U.S. boundaries and recant U.S. Sovereignty (click here).

• Treason is destroying America…as Obama always intended (for another list click here).

Sharon Rondeau: THE SECRET COLUMBUS-DAY COURT-MARTIAL: IS THE SAME THING HAPPENING TO LT. COL. TERRY LAKIN THIS COLUMBUS DAY?

Navy Rear Admiral
John Bitoff

This segment of The Post & Email’s coverage of the court-martial of LCDR Walter Francis Fitzpatrick, III details the events of October 12, 1988, wherein Fitzpatrick states that his fate was decided by four military officers who illegally colluded and convened to pronounce him guilty before any public hearing took place.

Read the rest…

Sharon Rondeau at The Post & Email: Military Law Manual: Authority to order courts-martial resides with the Commander-in-Chief

OFFICERS MIGHT BE PROSECUTORS, BUT THEIR AUTHORITY COMES FROM THE COMMANDER-IN-CHIEF

by Sharon Rondeau

Sharon’s interview here…

Related report: Punishment Without Law!

The Navy-Marine Corps team reporting on the anniversary of “The Longest Day” (6 June 1944)

JAG HUNTER here with Sergeant of Marines Timothy Joseph Harrington:

“Constitutional jurisprudence” as compared to “military jurisprudence”

Daniel J. Driscoll opines regarding the question on lawful orders: “In my view our constitutional jurisprudence allows Congress alone, and not a military judicial body, to put the president’s credentials on trial.”

Next Friday (11 June), Driscoll sits as the probable cause hearing officer in the process leading to Terrence Lakin’s general court-martial.

(J.B. Williams “A Right to Lawful Command” here)

Driscoll is wrong. Let’s examine why.

Lakin is subject to U.S military jurisdiction as he faces possible punishment under America’s military discipline system.  Nothing about the military’s discipline system is “constitutional.”

Lakin is being held to account under a “military code of greater age and dignity and of a more elevated tone than any existing American civil code, as also a military procedure, which, by its freedom from the technical forms and obstructive habits that embarrass and delay the operations of the civil courts, is enabled to result in a summary and efficient administration of justice well worthy of respect and imitation.” (Winthrop’s preface)

“Congress did not originally create the court-martial…but continued it in existence as previously established [during the Revolutionary War].  [The court-martial] is perceived to be in fact older than the Constitution, and therefore older than any court of the United States instituted or authorized by [the United States Constitution]. (Winthrop, p. 48)

Military disciplinarians have embraced this martial law ever since as a supreme form of government transcending even the Constitution (the existing American civil code Winthrop obliquely describes as an embarrassing cause for delay in civilian criminal trials).

Service under this “dignified and elevated code of military jurisprudence” (as opposed to that pesky and newer constitutional jurisprudence),  burdens every officer with duties to:

1. Know with certainty that their superior authorities lawfully hold office, and

2. Disobey orders known to be unlawful.

An “order” is an Executive mandate. (Winthrop, p. 576)

“…All military authority and discipline are derived from one source—the Sovereign, so in our army every superior, in giving a lawful command, acts for and represents the President as the Commander-in-chief and Executive power of the Nation, and the source from which [the senior officers’] appointment and authority proceed. Hence the dignity and significance of a formal military order and hence the gravity of the obligation which it imposes upon the inferior to whom it is addressed.” (Winthrop on page 572)

“Military officers are bound to obey all legal orders of their commander but not his illegal orders.” (Winthrop, p. 571)

“Obedience to orders is the vital principle to the military life—the fundamental rule, in peace and war, for all inferiors…

Obedience to command is the chief military virtue, in relation to which all others are secondary and subordinate…

Obedience is for the soldier the first great bond or charter of his service…

The first and last virtue of a soldier…

The first, second, and third part of a soldier is obedience…

The first duty of a soldier is obedience, and without this there can be neither discipline nor efficiency in the army…

To ensure efficiency an army must be, to a certain extent, a despotism. Each officer is invested with an arbitrary power over those beneath him, and the soldier who enlists in the army waives, in some particulars, his rights as a civilian, surrendering his personal liberty during the term of his enlistment, and consents to come and go at the will of his superior officers. The soldier agrees to become amenable to the military courts, to be disciplined for offences unknown to the civil law, to relinquish his right of trial by jury, and to receive punishment which, to the civilians, seem out of all proportion to the magnitude of the offense…

No other obligation must be put in competition with obedience to orders; neither parental authority, nor religious scruples, nor personal safety, nor pecuniary advantages from other services. All the duties of his life (the soldier’s) are according to the theory of military obedience, absorbed in that one duty of obeying the command of the officer set over him…” (Winthrop and others p. 571).

The “superior officer” must be one authorized to give the order; else indeed his command would not be a lawful one. (Winthrop, p. 577)

An illegal order emanating from the president can confer no authority. A command not lawful may be disobeyed, no matter from what source it proceeds. (Winthrop, p.  575)

And with that “there is nothing better settled, as well by the civil and military laws, that neither officers nor soldiers are bound to obey any illegal order of their superior officers, but on the contrary it is their bounden duty to disobey them”…no illegal act can be justified, no matter how high the source from which it emanates, by an order from a superior authority. The soldier is still a citizen, and as such is always amenable to the civil authority. (Winthrop with others, p. 575)

No person in Congress relieves an officer of the duty under the American War Articles (or the Uniform Code of Military Justice) to disobey an unlawful order.

The Courts-martial is indeed a creature of orders! (Winthrop, p. 49)

“Not belonging to the judicial branch of the Government, it follows that courts-martial must pertain to the executive department; and they are in fact simply instrumentalities of the executive power, provided by Congress for the President as Commander-in-chief, to aid him in properly commanding the army and navy and enforcing discipline therein, and utilized under his orders or those of his authorized military representatives.

“Thus indeed, strictly, a court-martial is not a court in the full sense of the term, or as the same is understood in the civil phraseology.

“The court-martial is indeed a creature of orders…” (Winthrop, p. 49)

The First Duty: Reconcile the Treason!

Lakin’s convening authority with Driscoll (Lakin’s disciplinary hearing officer)—as their First Duty—must confirm Obama’s legitimacy to hold office and issue orders.  They must confirm Obama’s legitimacy/eligibility before Terry Lakin ever walks into the hearing room.

Normally the general presumption of law is in favor of the Executive authority of military orders (Executive mandates) emanating from official superiors. (Winthrop, p. 575)

That presumption is shattered by Obama’s public confession in commission of Treason, an act risen up in criminal accusation from the U.S. military ranks in March 2009.

Lakin’s Defense.

The unlawfulness of Obama’s command must be a fact!

The onus of establishing this fact—except where the order is palpably illegal upon its face—devolves upon the defense, and clear and convincing evidence will be required to rebut the presumption that Obama is legit! (Winthrop, pgs. 575-576).

No one in Congress is responsible or accountable to defend Colonel Lakin.

To constitute the specific offense of disobedience of orders the “superior officer” must of course be known to be such by the accused, at the time of his giving the order which is not obeyed.

Obama’s background is an open secret.  Not a single person wearing the uniform of the U.S. military possesses specific knowledge that Obama lawfully holds office of President as Commander-in-Chief.

At the same time, every U.S. officer is required to know as a matter of duty whether the Commander-in-chief legitimately holds office. This to include Army Lieutenant Colonel Daniel J. Driscoll (Lt.Col. Lakin’s Article 32 hearing officer).

Simply said, no order issued by any officer in the American military establishment is a lawful order since 20 January 2009.

Source note: Military Law and Precedents: A Martial Law Classic

“Written by William Winthrop (1831 – 1899), Colonel, United States Army, this second edition (1895) is the revision and enlargement of the work. This comprehensive treatise details early military law [and martial law], written and unwritten, and explains the intricacies of the courts martial process. It remains the most important historical reference source for military justice practitioners. It is still frequently cited by military appellate courts. It has been called ‘a masterpiece of painstaking scholarship, brilliant erudition, and lucid prose.”

Colonel Winthrop formally held the position of Judge Advocate General, U.S. Army

NAVY JAG ATTAINDER! Sergeant of Marines Lawrence Gordon Hutchins, III

Hutchins should be released

“I think it is despicable that Sgt. Hutchins is still being held in the brig. This young man did nothing wrong, as far as I am concerned. He was at war. …

“Personally, I smell something rotten and it ain’t in Denmark — it is right here in our own backyard. It is time to release Sgt. Hutchins, return him to his rank and apologize for the wrongdoing done to him in the name of politics in the upper echelon of the Marine Corps.”

Karen Lorimer (In a letter to the editor of the North San Diego County Times)

Oceanside, CA

Timely: Dr. Laurie Roth in yesterday’s Canada Free Press:

Stop treating our troops like terrorists!

NAVY JAG HOUCK STILL HOLDING SERGEANT HUTCHINS UNDER ATTAINDER! (click here)

For among other reasons because of that pesky autopsy report! (click here)

RELEASE SERGEANT HUTCHINS TODAY! (click here)

SERGEANT OF MARINES LAWRENCE GORDON HUTCHINS, III

Army Lieutenant Colonel 30-year JAG defense counsel – junior U.S. senator from Massachusetts SCOTT BROWN – WHY IS SERGEANT OF MARINES LAWRENCE GORDON HUTCHINS, III STILL LOCKED UP?

CONTACT Lt. Colonel – U.S. Senator Scott Brown (click here)

NAVY TJAG – Vice Admiral James W. Houck – One man directly responsible for Marine Sergeant Hutchins ATTAINDER!

Who gives HOUCK the such power as to keep men known innocent imprisoned without a Jury’s permission?

Who gives HOUCK the power to force servitude in the service of government interests?

To Massachusetts Senator JAG Scott Brown: Who takes HOUCK’s power of ATTAINDER away?

U.S. Soldiers face Attainder Courts-martial while Somali pirates are tried in a federal court

U.S. launches criminal probe on soldiers in Afghanistan

More…(video)

Let’s recap: The Constitution protects the Somali pirates. The Constitution does not protect American Servicemen.

“The case could be the first of several piracy prosecutions in U.S. courts. It’s part of a larger U.S. policy debate over how best to deal with the insurgents and criminal activities that contribute to the persistent instability in Somalia, a poor and chaotic country that’s become a haven for al-Qaida-linked terrorists.”

More…

SOETORO-OBAMA blankets these indcent men with the protection of OUR Constitution. But proscribes constitutional protections for our Troops. YOU are the reason why this is happening! (A Robert Hefner illustration)