Fitzpatrick was arrested in April after he interrupted a closed door grand jury hearing in an attempt to make a citizens arrest of jury foreman Gary Pettway. Fitzpatrick felt Pettway and the jury was illegally blocking his attempts to indict President Obama. Fitzpatrick has said he believes Obama is not an American citizen and is serving illegally as president.

Reports the AP:

Fitzpatrick is charged along with Darren W. Huff, 40, a former militia member from Dallas, Ga., accused of inciting a riot at the Monroe County Courthouse in April while coming to Fitzpatrick’s defense after Fitzpatrick’s intrusion on the closed grand jury session in Madisonville. Huff, who also faces related federal charges, was among about a dozen armed people who gathered at the courthouse. Records show Huff had said that he and others planned to take over courthouse in Madisonville and arrest “domestic enemies of the United States engaged in treason.”

The Post & EMail has had a series of “interviews” with the retired LCDR about his own case. Reading his interview make for light reading on a dreary day in much the same way as Lewis Carroll’s Through the Looking Glass is a good read. The parody of the the queen of tarts is just too cute.

Now it seems that the retired LCDR is in violation of the civilian courts version of R.C.M. 804. The Monroe County Advocate reports:

A man who is so bound and determined to take President Obama to court that he once made his way into a closed grand jury session failed to appear in Monroe County Criminal Court Friday morning. Circuit Court Clerk Marty Cook said Fitzpatrick was sent notice that he was supposed to be in court Friday, but he did not show by the 10 a.m. start time. Blackwood issued a capias for Fitzpatrick’s arrest and ordered him to be held on no bond when he is picked up.

LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and the need for seniors to set the example. I’m reliably informed that in addition to formal counselings every effort was made pre-preferral to convince LTC Lakin to obey his orders. In the face of such contumacious behavior the Army had no choice but to prefer charges. Enlisted personnel are regularly disciplined, court-martialed, and jailed for the same or similar conduct and who have better reasons for their AWOL. Such a stunning lack of officership cannot pass unnoticed or undisciplined. Neither President Obama nor his administration has any role in this case at all. Should the administration try to get involved they should be told – politely – to butt out.

Paul Jensen, tried to imply things that were false by clever irrelevancies and innuendo, but he told one outright whopper: In the state of Hawaii there’s a statute that allows anyone born outside the state of Hawaii, including in a foreign country, to obtain a Hawaiian birth certificate, at any age, by going back and filling out a form. Jensen then cited HRS § 338-17.8 Certificates for children born out of State. That law does not allow “anyone” to obtain a Hawaiian birth certificate. It is limited to applicants who can prove to the director that “the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.” . . . He said “anyone” but of the billions of people in the world, it only applies to a handful of Hawaii residents who give birth to children out of state. . . . The law HRS 338-17.8 was not passed until 1982. President Obama’s birth registration was filed August 8, 1961. A registration could not have been filed in 1961 under this (or any) Hawaiian statute.

The officer refusing Army orders until Barack Obama documents his eligibility to be president and commander in chief is hitting the airwaves tomorrow to answer questions about his challenge to the president. Lt. Col. Terry Lakin is scheduled to be on the G. Gordon Liddy show tomorrow from 10-11 a.m. EDT.

As a conspiracy theorist I think this is a plot all intended to create a Wuterich issue thereby delaying any action while litigation is ongoing about out-takes. I did check, and there is no definition in the DSM IV for guano loco (but a change in the soon to be released DSM V may be expected perhaps). [n.1]

“Rather than contesting the suit,” Day wrote, “the Army took the highly peculiar step of revoking the major’s deployment order, suggesting that the Pentagon generals are not entirely confident that they can demonstrate the legitimacy of their purported commander in chief. “The Pentagon’s decision to back down rather than risk exposing Obama’s birth records to the public means that every single American soldier, sailor, pilot and Marine now holds a ‘get out of war free’ card.”

The major – referring to the abortive case of Major Cook — was on voluntary orders. He could have just as voluntarily asked to revoke them at any time up until the day before going. He chose to express his request to revoke the voluntary orders through litigation. So why not just revoke the orders. That’s not backing down.

A spokeswoman for the case, Margaret Calhoun Hemenway, told WND that whatever the “assignment” amounts to, Lakin’s access privileges were revoked, his computer was confiscated and he “is not permitted to support his Hippocratic oath … and take care of the troops as a doctor and a surgeon.”

This is standard procedure for anyone who is placed in a disciplinary status and won’t be working in the Pentagon anymore. Then of course, if it was a government computer the government is entitled to take it back. It’s organizational property, has to be accounted for, and LTC Lakin doesn’t need it anymore. There’s nothing sinister about that. He had the opportunity to practice his Hyppocratic oath, and along with his oath as a commissioned officer. He’s given both up.

n.1. The Urban Dictionary defines guano loco variously:

Crazy, in fact probably totally insane. Acting in the manner of Tom Cruise jumping on Oprah’s sofa or Joaquin Phoenix on the Letterman show. Hearing voices and imagining things that haven’t happened or people saying things that they haven’t. Possibly caused by some recent trauma, however more than likely always present just brought to the surface in times of high emotion.

How interesting, and perhaps appropriate, American Thinker reports:

Army doctor Lt. Col. Terrence Lakin yesterday met with his brigade commander, Col. Gordon R. Roberts, who proceeded to read LTC Lakin his Miranda rights, and who informed LTC Lakin he had the “right to remain silent” because LTC Lakin is about to be charged with serious crimes. Col. Roberts was at age 19 awarded the Congressional Medal of Honor, the only recipient of the nation’s highest honor currently on active duty in the Army.

This was in reference to the formal counseling given a number of days ago. Although I’m not sure he was really read Miranda, more likely Article 31, UCMJ. The piece concludes, with some cute hyperbole that:

A devoted physician and military officer may go to military prison, to protect the secrecy of the President’s original birth documentation held by the state government of Hawaii. The secrecy of the President’s paper trail may be about to gain a martyr.

The Colorado Independent has a piece on today’s developments, which includes this point:

Lakin spokesperson Hemenway appeared on the Peter Boyles radio show Monday. Hemenway and Boyles voiced support for Lakin in his “search for the truth” and looked forward to the “showdown” or what Boyles called a “reckoning” for the president.

I’m sorry, but does anyone know if the attorney’s representing LTC Lakin have any military law experience, or associated with someone who might have an inkling of military law?

And which lucky TDS attorney will get this case if there is an Article 32, UCMJ, hearing ordered – we know who you are?