Birther Defense Not Working for Army Doc Who Refused Afghan Duty

[PhiLandShiR 18]

http://www.politicsdaily.com/2010/09/03/birther-defense-not-working-for-army-doc-who-refused-afghan-duty/?icid=sphere_aolnews

So much for the "birther" defense. An Army judge turned down a request for President Obama to testify in the court martial of an Army doctor, Terrence Lakin, who refused to serve in Afghanistan because he first wanted proof that the president was born in the United States and therefore has authority to order his deployment.

Army Col. Denise Lind, presiding over a pretrial hearing, ruled that any evidence or witnesses involving Obama's citizenship was irrelevant to the charges against Lt. Col. Lakin, which include disobeying a lawful order and dereliction of duty, CNN said. Prosecutors have argued that -- apart from any question about the president -- Lakin, a surgeon, is in trouble because the officers ordering him to deploy were his legitimate superiors in the chain of command.

Lakin's lawyers say all military orders, at their root, come from the commander-in-chief, and "if the president is ineligible you need to know that," CNN said.

Lind's ruling at Fort Meade, Md., came after a report that retired Air Force Lt. Gen. Thomas McInerney had filed an affidavit on Lakin's behalf. McInerney argued that Lakin's demand for Obama's birth record was legitimate and "essential to determining not merely his guilt or innocence" but whether Obama's "service as commander-in-chief is constitutionally proper."

McInerney, a Fox News contributor, thus joined the birther argument, which maintains that Obama was not born in the U.S. -- which would make him ineligible to be president -- despite evidence to the contrary and repeated statements by Hawaiian authorities that his birth certificate is on file and in order.

If court-martialed, Lakin could face a dishonorable discharge and as many as two years in confinement. He could also forfeit his pay -- nearly $8,000 a month.