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  • 1 Attorney Mario Apuzzo on the Terry Lakin Action Fund Radio Hour

    Attorney Mario Apuzzo on the Terry Lakin Action Fund Radio Hour
    By: Mario Apuzzo, Esq.
    September 11, 2011

    Singning The ConstitutioPlease 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/

    2 Responses to “1 Attorney Mario Apuzzo on the Terry Lakin Action Fund Radio Hour”

    1. The personal commitment to his oath shown by LTC Terry Lakin, exemplifies the courage of personal conviction that should be at the very heart of every single member of the US Military Officer Corps. I am proud that he serves the country and oath that I also served, and continue to honor.

      That officers’ oath, cited in Mario Apuzzo’s letter is extremely important to our way of life and our Republic. In these days when current resident, 1600 Penn Ave extolls Americans, “if you love me, you gotta make them pass this (jobs) bill”, you can already hear the revival of stomping boots we saw during the 2008 campaign where brainwashed youth chanted “obama is great and wonderful” slogans.

      Now is the time to take a lesson from history, but you only need to go back to 1934. Please read the oath of the German military prior to August 2, 1934:
      “I swear by almighty God this sacred oath:
      I will at all times loyally and honestly
      serve my people and country
      and, as a brave soldier,
      I will be ready at any time
      to stake my life for this oath.”
      See that members of the military took an oath to serve their People and Country.

      Now read this oath of the German military after August 2, 1934:
      “I swear by almighty God this sacred oath:
      I will render unconditional obedience
      to the Fuehrer of the German Reich and people, Adolf Hitler,
      Supreme Commander of the Wehrmacht,
      and, as a brave soldier,
      I will be ready at any time
      to stake my life for this oath.”
      See that the new oath had the military swearing allegiance not to their People and Country but to one individual leader.
      Reference: http://www.jewishvirtuallibrary.org/jsource/Holocaust/oath.html

      We must never allow this to happen in The United States of America by any occupier of 1600 Penn Ave, whether or not he/she is eligible to live there, as the current resident clearly is not.

      Thanx,
      Vixmith
      Ret’d, US Army
      Grad, USMA

    2. Only a person that is a Natural Born Citizen of the US, born to US Citizens parents is allowed to take the Commander in Chief’s Oath.

      BHO’s father was not a US Citizen and his mother was too young to confer her US Citizenship by descent to her son.

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