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

Sunday, 6 June 2010

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

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

  1. A pen Says:

    Was it not Obama who ordered more troops to Afghanistan, the very order Lakin challenges as unlawful? Does it matter if the president passes that order to Lakin himself or through fifty officers on it’s way to Lakin? Driscoll has in his mind to protect the president not the constitution. What more evidence does Driscoll need than Obama admitting his dual citizenship when the law clearly holds that no president can have any other allegiances? Driscoll is looking at evidence so his role is to examine what was to have been a complete investigation not to assemble a prosecution with as limited evidence as possible. We shall see where the traitors lie in wait to ambush Americans for their nation.

  2. bill Says:

    Thanks Mr.Harrington,excellent article and I am in hopes it will help in waking up America to facilitate citizens ,getting directly involved.

  3. Jimbrown Says:

    Is it possible that Driscoll did NOT receive sufficient and substantive argument in the submissions from the defense? Maybe they should copy and paste for their next submission above? I’m sure he wants to CYA just a tad for such an important hearing. This case always felt like it had the possibility for the military to raise this issue where the friendly DOJ does not tread. It needs to be done very carefully for all concerned.

  4. A pen Says:

    A man, Tim Adams, claims that as chief elections officer in the state of HI in 2008 that there was no BC on file there.

  5. Patriot Says:

    Commander, Rise up for America has a line at the top saying, “Arrested again! TN is out of control.” We’ve been waiting for the report you mentioned over the weekend. Please Sir would you let us know or contact J.B. about what’s going on?

  6. robert g collins sr Says:

    Please keep me in the loop. Thanks, Glen

  7. […] Friday, 3 September 2010 URGENT: PASS TO Lt.Col. LAKIN […]


  9. […] Lieutenant Colonel must challenge the authority of his Attainder Court-martial as is laid out in plain language before. CLICK HERE! […]

  10. […] challenge the authority of his Attainder Court-martial as is laid out in plain language before. CLICK HERE! Laconically: Without a legitimate United States commander in chief there is absent authority to […]

  11. oz bec Says:

    There is NO ONE who knows more that OBAMA is illegally occupying the office of president of the U.S. And just on the U-tube site this morning (as there has been countless other times) with OBAMA plainly stating he in not an American, that he was indeed born in Kenya.

    Congress ought to be held in contempt and treason for their refusal to act on OBAMA’S illegally holding the office of president. And the officer judging LTC Lakin’s court marshal needs to be brought up on chargers of treason as well if he refuses providing LTC Lakin evidence to clear himself of the charges against him. All military personnel are under oath to defend the constitution of the United States, and further more they are under orders to obey any/all legal orders, and to refuse to obey any unlawful orders.

    Anything less than giving LTC Lakin the opportunity of a fair and just hearing and allowing his presenting any evidence to clear his self in the court marshal is injustice. I have had faith in the military justice system, whereas I have little to no faith in the American judicial system. Perhaps I have been led astray in my belief on the military judicial system, as I am the general population has been lied to in the conveniently covered up LIE of the American government as it is. I am grateful I am not presently in the military as I too would refuse any orders coming from OBAMA until he had satisfactorily proven he is legit (which he could not) and/or until he was brought up on charges for treason. And FYI I am a veteran .

    Denying LTC justice for fear of admitting the truth about Obama and being concerned about embarrassing OBAMA or even our country is criminal. In my opinion each and everyone in on the OBAMA conspiracy ought to be tried including Michelle OBAMA on treason, and immediately, not let it be dragged out until the crime becomes old news. Short of doing the right thing in this moment is more damaging to the welfare of our country, and the judicial system than the embarrassment and convictions of some high level positions of our government.

    If it is true that NO ONE is above the law in our country, NOW is the time to prove it. AND it needs to be proven. With everyone being so jubilant over having elected the first black president in this country, and the first non American president, it is time to try and convict on treason the first black president. DO NOT let it set a precedence to have future non Americans hold the office of president of the United States.

  12. Jb Says:

    Why can’t ” we the people” buy air/tv time to finally bring this eligibility question up once and
    for all? Do any Patriots own some of the airways?
    Let’s quit playing cat & mouse and get the ad(S) out
    direct to the public by just ONE powerful person that would automatatically be believeable!! Use
    military tactics and play the ad across country


  13. […] Colonel Lakin’s attainder court-martial (click here and click […]

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