Posted By Peter Feaver Share

Two recent items for the civil-military file caught my eye.

First, is the curious case of Lt. Col Terry Lakin, an Army physician who released his own video  explaining why he refused to deploy to Afghanistan. His rationale: he believes that the orders sending him to Afghanistan are illegitimate because President Obama has not proven (to Lakin's satisfaction) that Obama was born on U.S. soil as the Constitution requires. Accordingly, Lakin refused to report for duty and the administration has decided to subject him to a court martial.

Lt. Col. Lakin is being touted as a hero in some quarters, but this is an easy call. Regardless of the merits of the claims of birthers, the Army is doing the right thing in punishing Lakin. The legitimacy of Obama's election has been validated by a constitutional process, and he was sworn into office by the Chief Justice of the Supreme Court (twice!). Lakin has no more standing to privilege his interpretation of the evidence and the Constitution than do other soldiers who may claim that the war in Iraq is illegitimate because Congress did not vote on a declaration of war. Our system of democratic civil-military relations would crumble if military officers arrogated to themselves the job of enforcing constitutional interpretations that were rejected by the rest of the political system.  

To me, the crucial issue is the provenance and competence of the person making the charge.  If Lt. Col Lakin was claiming that he had privileged information about some sort of illegality - say, for the sake of argument, that he was assigned as a military aide to President Obama and, in that capacity, witnessed personally something that no one else knew about -- then he might be covered by an extraordinary exception to the civil-military rule. That is not the case here.  He has no more facts about Obama's birth than anyone else; he is just saying that he finds the facts in the public domain unpersuasive. What Lakin and his backers are doing is very corrosive of healthy civil-military relations and they should stop. The court martial will likely put a stop to it.

Second is the release of the annual Military Times survey of its subscribers (unfortunately, the news reports and poll details are behind a subscriber firewall). This survey is not a random probability sample of the entire military, but it is a serviceable sampling of career-oriented military personnel (both officer and enlisted) and because it has been administered the same way for several years now, it is especially useful for tracking changes over time.  

Two newsworthy bits from this poll. First, the percentage of respondents reporting a Republican affiliation has dropped markedly since 2004 and the percentage reporting as Independents has increased during the same interval. The Military Times survey may exaggerate the decline. A Georgetown University Ph.D. dissertation by Heidi Urben that I helped supervise, and that did have a random probability of Army Officers (not enlisted, and not the other services), showed no such decline, but did show that Army officers were "weak partisans." These two different poll results may be capturing the same underlying phenomenon: that the officer corps is slowly moving away from a strong identification with the Republican Party. For those of us who champion a non-partisan military as a bedrock for healthy civil-military relations, this is good news.  

The second bit of news may be a bit harder to code: the Military Times survey showed that respondents graded President Obama fairly low in terms of his performance as President and as Commander-in-Chief, and markedly lower than the ratings they gave President Bush at the end of his term.  A plurality also said the President should defer to the generals and admirals in setting wartime strategy (Urben's dissertation showed only one-third of Army officers held that view).  These results may simply reflect partisan views; or it may reflect the military's lack of confidence in President Obama, something that the President has been unable to rectify in his first 15 months in office. Or they may signal greater unease with the prospects of the wars in Afghanistan and Iraq; military optimism in Afghanistan dropped markedly over previous surveys, though respondents were more optimistic about Iraq than they had been in earlier surveys.  

My sense is that Obama can safely discount the viewpoints of Lakin and other military officers who question his legitimacy as Commander-in-chief. But he would be wise to take seriously those who question is efficacy as Commander-in-chief. He is the boss regardless and America's good record of civilian control does not look to be in any serious jeopardy. But a wise Commander-in-Chief pays attention to the morale in the ranks.

Jang Dong-Min-pool/Getty Images

 

ZATHRAS

4:03 AM ET

April 20, 2010

Indeed...

....but he should not assign morale among one part of this constituency more than its due weight. Frankly, confidence in President Obama's predecessor as commander-in-chief, after the experience in Iraq and years of drift in Afghanistan, is something I would expect of someone who just didn't pay much attention to public policy.

But what I really want to know is, what the hell goes on at Walter Reed? First the homicidal psychiatrist, now this unusually creative deployment dodger. Is the Army Medical Center being used as a dumping ground for substandard officers?

 

ARBNMP

9:09 AM ET

April 20, 2010

Proof?

The birthplace of the President has never been substantiated by an official birth certificate displaying the attending doctor and hospital. If it's not an issue, why not show it let the document speak for itself? In order to get a passport, one must submit an attendant birth certificate, as one must when gaining a commission in the Armed Forces. A public election does not confer citizenship status.

 

GRANT

1:23 PM ET

April 20, 2010

To start, his place of birth

To start, his place of birth has been extensively proven.
Second, it doesn't matter. Even if we did accept the dubious argument that he had not been born in this nation he still would qualify as a natural born citizen of the United States on basis of the fact that one of his parents was an American citizen.
Thirdly, this somehow assumes that a man not born to a fortune, not born to major political allies, and who had a rather slim chance in his youth of ever holding major office would somehow manage to hide this for decades.
Fourthly, it's immaterial to the discussion. The point is that the officer in question deliberately did not obey orders from superior officers, and did not offer a legally legitimate reason for why he did not. Regardless of his president's citizenship, he openly refused to go to a warzone that he had been ordered to. It is essentially no different from a soldier refusing to go to Iraq because he had decided that President Bush had made an illegal decision.
If we were to set this matter in 1941, and an officer refused to serve in Europe or the Pacific because he had doubts as to whether President Roosevelt was a citizen would our military tolerate this? If it was the Korean War, the Vietnam War, or the Persian Gulf war would our military tolerate this? I certainly hope not, to do so would lead to a failure in our chain of command. The Supreme Court has already ruled on such matters over the years, and in my opinion this is hardly the time to start questioning them or our presidents, or our military command based on nothing more than poor rumors.

 

HCV

9:39 PM ET

April 20, 2010

Proof

Grant nailed it, but I would add one more thing:

"The birthplace of the President has never been substantiated by an official birth certificate displaying the attending doctor and hospital."

There is no place in the Constitution or other law that says "the birthplace of the President must be substantiated by an official birth certificate displaying the attending doctor and hospital." There's actually no place that says it must be substantiated at all, but if there were, what he submitted would be sufficient.

The President substantiated his birth with precisely the document anyone would use: the standard certified document issued by the records organization of his birthplace. It is the document anyone would use to get a passport, or to get a security clearance, or in any other situation where it is required to know one's date and place of birth.

It was sufficient for the election authorities in all the states and US territories, who allowed him on the ballot. It was sufficient for Hillary Clinton and John McCain, who conducted campaigns against him without ever raising the issue. It was sufficient for Congress, who certified the results of the election. It was sufficient for the Supreme Court, the Chief Justice of which swore him in.

The fact that it is not sufficient for you turns out to be immaterial. It is certainly not adequate grounds to disobey direct military orders.

 

HCV

9:57 PM ET

April 20, 2010

Proof II

Oh, I just read more carefully what you wrote:

"In order to get a passport, one must submit an attendant birth certificate, as one must when gaining a commission in the Armed Forces."

Absolutely false. I had to get a passport for my son a couple of years ago. When he was born, we got what I guess you're calling an "attendant birth certificate." The State Department would not accept that. They wanted a certified document from the county.

If you think about it, the reason why is pretty obvious: the document from the hospital was not certified by anyone. The county one was. No government official even looked at the record from the hospital before they gave it to us.

So, the county presumably has an original document from the hospital, which guess what? They don't give out. Because then they wouldn't have it any more. Instead, they gave one a certified document attesting to one's date and place of birth.

And guess what again? It looks almost exactly like Obama's.

You don't have to believe me -- go to your county clerk's web site and request a certified copy of your birth certificate for a passport application. It'll cost you a few bucks, but you'll find it, again, will look pretty much like Obama's. They might even tell you what it looks like for free, if you ask.

 

JJH722

9:34 PM ET

April 20, 2010

Sorry, the pathology isn't equal to both sides

It's an interesting dichotomy, although you intend it as a metaphor: a soldier's refusal to obey a commander-in-chief springing from that soldier's distorted perception of reality (Obama was born in the US) versus another soldier's refusal to deploy based on the argument that Congress cannot abdicate it's responsibility to declare war. After all, one might ask, if the war hasn't been declared, is it legal? Alternatively a soldier might refuse to deploy because Bush's 2000 victory was born out of a dubious, tortuous legal drama that might be legitimately considered unconstitutional. The difference between the latter two scenarios and the awol birther is that at least they hare based on legitimate constitutional concerns. It's not insane to believe that Bush's election was unconstitutional. It's not insane to believe that Congress shouldn't be able to abdicate its war powers. It takes a nutjob, and one of the right's variety, to both subscribe to and act on such an obviously apocryphal canard. Far more believe this tripe than did the "Truthers".

 

MANRAY

1:48 PM ET

April 21, 2010

What would a proof result to?

People could go on talking about his citizenship throughout his term but the fact still remains, he is now our President whether you like him or not. This country has seen all the worst that the elements and man can dish out. As an SEO Reseller, I've already been slammed with economic turmoil, unrest and uncertainty, and I've risen above it. As an American I've been incapacitated with severe leadership doubts, and yet I've managed to move forward with it. In fact, we all can. Those with a mentality like Lt. Col Terry Lakin are the ones that provide inconsistency to this country. I would understand if he doesn't want to fight in Afghanistan because of human rights, but reasoning out the citizenship of your commander in chief is just plain ridiculous. What's even more hilarious is that California has an Austrian Governor, and yet no one even tried to probe deeply into his citizenship. You all must remember, the only thing that separates people in this country is just an accent, but what unites us is the drive to become Americans.

They are not that different from each other. The President and the Lieutenant both have sworn to serve the United States of America, and that should be their number one priority. That should be ours as well.

 

RONINIRVINE

2:07 PM ET

April 21, 2010

You do not give Lakin enough credit

Have you watched Lt Col Lakin's video statement on Youtube? He is factually correct in every detail. Lakin is sworn to uphold the Constitution and if he believes Obama is not eligible to hold the office, it would violate his conscience to obey orders he thinks are illegal.

Lakin is inviting his own court martial for the good of the country. I do not think the Army will court martial him because they did not court martial the two previous Army officers who refused orders on the basis Obama has not proven he is eligible for office. Why would they start now?

The Army is talking tough but a court martial will never happen. Even in military justice, the accused has some rights - especially when his refusal to obey orders is based on Constitutional grounds. In a court martial, Lakin would be given a right of discovery. Obama has spent too much time and money avoiding discovery for that to happen now.

Of course, when people see Lakin is not court martialed, other Army and Navy officers will be encouraged to disobey orders also. The most we can expect to happen from this case is that it will embolden states like Arizona to pass laws saying any presidential candidate must show his birth certificate in order to be on that state's ballot.

According to CBS News, Obama's approval ratings are 44% and dropping like a rock. The longer this issue is in the news, the more people are going to look into it and see that Lakin and the other Army officers are correct.

 

RONINIRVINE

2:16 PM ET

April 21, 2010

Errors in logic

The author assumes because Obama was sworn in by Chief Justice Roberts (and makes a comment as if the second private swearing in made it doubly Constitutional- a comment that is doubly ridiculous), that somehow proves Obama is eligible for the office. Not in the least.

The case against Obama's eligibility has not even been heard in the Supreme Court yet. But if the court ever hears the case, Sotomayor will have be recused. If Obama is ineligible for the office, then Sotomayor's appointment to the court is invalid. And so would any subsequent appointment to the court. There is no way anyone can see a justice being objective in such a case.

 

RONINIRVINE

2:22 PM ET

April 21, 2010

Lakin is well within his rights to demand the issue be resolved

The author writes: "Our system of democratic civil-military relations would crumble if military officers arrogated to themselves the job of enforcing constitutional interpretations that were rejected by the rest of the political system."

The problem, of course, is that no constitutional interpretation has happened by any legal authority. McCain asked Congress to look into the question of whether he was eligible, but Congress never looked into Obama. The issue brought forward by Lakin is still open to interpretation and is a matter of political and legal dispute. Lakin is well within his rights to demand the issue be resolved.

The number of rank of officers refusing to obey orders will only grow until the issue is resolved. Obama could make this all go away if he would only release the birth certificate with the doctor's name on it. I had to do that just to get my sons the right to play Little League. The presidency is more important than Little League.

 

Shadow Government is a blog about U.S. foreign policy under the Obama administration, written by experienced policy makers from the loyal opposition and curated by Peter D. Feaver and William Inboden.

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