Maj Gen Paul Vallely discusses LTC Lakin's
Court-Martial & Conviction on the
Peter Boyles Radio Show - 12/16/10
Partially transcribed by Edward C. Noonan
Hear the full interview at http://www.youtube.com/watch?v=hDA5pQu1G40&feature=player_embedded
NOTE: Here in this radio interview between Radio Host Peter Boyles and Major General Paul Vallely (Retired) you will hear General Vallely say “American people must stand up and say we are not going to take it anymore!"
General Vallely opined to Peter Boyles that the Military Judge, Colonel DENISE R. LIND basically provided Lakin’s attorneys “no opportunity for a defense on the root question whether the orders were from a chain of command and all the way through up to the White House to Obama, whether he was eligible to be Commander in Chief. So therefore if he wasn't, then the orders were not lawful."
"It's a total Kangaroo court..." agreed both General Vallely and host Boyles.
"This just shows you just how far down our justice system has gone as well as within our Uniformed Code of Military Justice - - within the Armed Forces."
Host Peter Boyles responded with his summary of the trial by saying, "In the pre-trial in September... Colonel Lind in the pre-trial denies him of any rights he would have in a civilian court room, he doesn't have discovery, he's not allowed to call witnesses, he's not allowed subpoena power, he's allowed nothing ..."
General Vallely stated to the radio host, "...It is a Kangaroo court! If I can't go in and defend myself and all really he was asking was that eligibility be proven like all of us have to do - provide a birth certificate that we are in fact a natural born citizen of the United States and in that particular office of President it is required..."
General Vallely also stated, "And I have to produce my birth certificate for almost everything that I've done."
He also said, "I remember going in and having had to present my birth certificate when I went into the Armed Forces at West Point, as a cadet. And later on down the line for a passport."
General Vallely also made the comment regarding Obama that, "there was no vetting, and nobody is challenging it within our government."
The General also stated, "We all know that his father was born in Kenya..."
"...As citizens we have to produce a birth certificate for many things we do, and that's all we ask of Obama to do," said the General. "And the fact that he will not do it raises a lot of questions."
Boyles stated of LTC Lakin, "...now this man, will certainly be incarcerated and Barack Obama sits silently by and lets it happen." Then he said, "And that's way out of line!"
General Vallely agreed and retorted with "WAY OUT OF LINE!"
Then the General said, "...there seems to be total intimidation from the White House on the Department of Defense down to the convening authority."
"How did we get here, Peter? That's the question" mused the General. "How did we get here with the corruption at the Federal level of our governments - - our court system, our judges, ruling from the bench on political whims and beliefs rather than the rule of law ... this is where we have come today. It's absolutely unbelievable! That's why it's got to be changed. And if we can't depend on the Supreme Court to enforce the rules of the land then we are lost as a nation and a Republic."
Radio host Boyles said regarding to the oath of office that all American leaders swear, "the oath is not to any individual or to the President; the oath is to the Constitution."
Boyles then made a reference to Nazi Germany where they made "the officer corp." take the oath to "Hitler instead of Germany or any established rule of law."
And the General stated, "...there's so many other things, Peter, happening in this whole judicial court system with the corruption within the Department of Justice. Not only does it have to do with what their trying to do with the detainees in Guantanamo, it has to do with Jan Brewer in Arizona, and it goes on and on and on. It goes to the mere fact that the 9th Circuit Court of Appeals out of San Francisco is totally corrupted in judging and delivering rules and procedures and what will be said and not said from the stand point of those seeking defense of their cases. And we see it happening all over the country every day."
Boyle asks, "So what happens next?"
The General responded by saying, "Weakness breeds contempt." "So when you see the weakness of a system and it starts breaking down and we can see this happening in Greece and we can see it happening in oversees ..." "...so the weakness in government to stand by values and to stand by what's right, and we know what's right, within your heart you know what's right and wrong. It's not something you have to go to school for."
The General summarized LTC Lakin's case as, "the chain of command was not validated." "And that validation was strictly a proof of natural born citizen - and that was NOT there."
The General also said military judge, "Colonel Lind stated in the hearing that there would be no discovery because it would embarrass the President of the United States to take any efforts to move forward on that issue. Now what does America think about something like that, if they were to be faced in a court and you could not present your evidence in discovery because it would be embarrassing to the other party?" "Where's that in the law?" he said.
Boyle read a quote from military judge Lind, "Any suggestion by the defense that the authority of military officers to issue lawful orders ceases to exist if a serving president is found to be unqualified is erroneous. Any suggestion by the defense that the president is found to be unqualified to hold office then service members have no duty to follow any orders of military superiors is equally erroneous."
Boyle and the General agreed that this ruling made it at this point, "ALL OVER for Lakin."
General Vallely further stated, "...we see instances of the violations of this rule of law during the Nazi regime, with Hitler and basically where you had a rule of man who from a rule of law and so you see how easily a Republic like the United States and our Constitution by a rule of man can move so quickly in its interpretation and its enactment and following of what was intended by the rule of law."
He also said, "...this Republic has moved so far away from the Constitution and the rule of law now that we are in deep trouble, and the question is, HOW DO WE GET BACK and how do we preclude this administration from taking us into a progressive Socialist area. That looks like a tyrannical government being formed - to a lot of people...taking over the gun rights, precluding of citizens from the Constitution, the second amendment, the 1st amendment rights. The threats are now coming out about quelling and being able to shut down the internet..."
"This is a dangerous, dangerous time in our lives," the General said. "And the American people must stand up and say we are not going to take it anymore, THIS IS IT!"
Boyle commented from his notes by saying that "...there are some legal scholars that believe he (Lakin) was placed under duress by Judge Lind...and she was biased by denying evidence, discovery, etc, and that Lakin's commanding general, Major General Carl Horst, has the authority to allow a second trial..." and he continued, "... if Lakin is sentenced to more than one year in prison, he also will receive an automatic appeal to the Army Court of Criminal Justice effectively as a second jury and could overturn his convictions. If he loses the appeal, at the ACC level, Lakin can appeal to the Armed Forces and if the CAFF...denies it, Lakin could go to the Supreme Court, but says the scholars, the Supreme Court rarely grants hearings to Appeal systems."
The General responded next by saying, "...Someone needs to take up the ability to do something about this. Now, Congress can certainly take some initiative and they've certainly stayed away from it, for the part, I haven't really seen anybody standing up in Congress, Senators or Congressmen. Somebody in the court system, and I'd like to see our Supreme Court get a little more actively involved in what's happening here. And not just sit there ... and act so passively about what's happening in our country."
It is my opinion that every American in our nation should read and watch this interview between Paul Boyles and Major General Paul Vallely. I am requesting every reader immediately forward it to their community leaders, their Congressional Representative, their Senator, their family members, their friends, their neighbors. Announce it on Facebook, MySpace and every other place you can think of. Send it to your news media, your TV stations and your radio stations. Like General Vallely admonishes, “American people must stand up and say we are not going to take it anymore!”
Edward C. Noonan
Former 2010 US Senate Candidate (CA)