Attorney Mario Apuzzo on the Terry Lakin Action Fund Radio Hour

                                                         By: Mario Apuzzo, Esq.
                                                           September 11, 2011

Please listen to David Moxley’s interview of Attorney Mario Apuzzo. Mr. Moxley’s interview was done for TLAF (Terry Lakin Action Fund) Radio Hour and pre-recorded on Friday, September 9, 2011. Attorney Apuzzo discusses Obama’s Article II eligibility, the meaning of an Article II “natural born Citizen,” and the state of the political and legal battles to bring the issue of Obama’s eligibility to justice.

In the interview, Attorney Apuzzo also discusses the injustice suffered by LTC Terry Lakin, who most recently served as Chief of Primary Care and Flight Surgeon for the Pentagon’s DiLorenzo TRICARE Health Clinic. He was also the lead Flight Surgeon responsible for caring for Army Chief of Staff General Casey’s pilots and air crew. LTC Lakin was also selected for promotion to Colonel. As a commissioned officer, LTC Lakin took an officer’s oath which provides:

“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” 5 U.S.C. Sec. 3331, Oath of Office.

Note that the oath refers to “all enemies, foreign and domestic.” If a sitting President is not legitimately holding the power of his office, he can be considered a “domestic” enemy. The officer’s oath is also different from an enlisted person’s oath. While enlisted personnel are bound by the Uniform Code of Military Justice to obey lawful orders, an officer’s oath does not include any provision to obey orders. Officers are bound by this oath to disobey any order that violates the Constitution of the United States. Hence, the officer’s oath calls for loyalty to the Constitution and the Constitutional Republic and not to the President. Another way to look at the oath is that it calls for allegiance to a political philosophy (republican government) and not to the President or Commander in Chief.

Consequently, LTC Lakin was faced with an ethical dilemma for which there is no precedent because it concerns on one side the question of whether the President and Commander in Chief is legitimately holding the power of that office and on the other side the legal requirement that an officer obey all legal orders and follow The Uniform Code of Military Justice (UCMJ), 64 Stat. 109, 10 U.S.C. Ch.47. Pursuant to his oath, LTC Lakin attempted to make sure that Obama meets the Article II eligibility requirements of the Constitution and that he is therefore not a “domestic” enemy, a matter that for LTC Lakin could have been easily resolved by Obama himself. Instead of getting the truth, he was court-martialed without being given any right to meaningful discovery, was found guilty of disobeying orders, was sentenced to 6 months in federal prison (he served 5 of those months and then got released), was caused to forfeit all pay and allowances, and was dismissed from the Military.

The show will air Monday, September 12, 2011, at 3:00PM on http://www.americaswebradio.com/.  The following is the link to the podcast which will be posted on Tuesday, September 13, 2011: http://www.radiosandysprings.com/showpages/TLAF.php.

Please note that the Terry Lakin Action Fund Show is changing its name to Officer’s Oath. Dr. Terry Lakin and friends will be hosting the new show.

Mario Apuzzo, Esq.
September 11, 2011
http://puzo1.blogspot.com/
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