Lies, Forgery, Court-Martial, and another Illegitimate Court-Martial
Editor’s Note: This report is a continuation of the series on which The Post & Email and Walter Fitzpatrick were collaborating before Mr. Fitzpatrick’s incarceration on October 27, 2010 at the Monroe County jail. As stated to me, Mr. Fitzpatrick’s intent was to educate and inform the public and Lt. Col. Terrence Lakin about the court-martial process, which is one of attainder, or conviction without the benefit of a jury of one’s peers such as are guaranteed by the Fifth Amendment to the U.S. Constitution.
LCDR Fitzpatrick was court-martialed in 1989-1990 and maintains his innocence of the charges to this day. He has previously discussed “ghost witnesses,” how four people decided his fate before any hearing was held, and his belief that the same thing was being done to Lt. Col. Lakin who was, in fact, court-martialed earlier this week and sentenced to six months in prison, cessation of pay, and dismissal from the Army without further benefits after 18 years of service.
A document issued by the Congressional Research Service in 2004 states that “The President implemented the UCMJ through the Manual for Courts-Martial (MCM), which was prescribed by Executive Order 12473 (April 13, 1984)…Military courts are not considered Article III courts but instead are established pursuant to Article I of the Constitution.”
What if there is no legitimate President?
The 2008 Courts-Martial Manual can be found here consisting of almost 1,000 pages.
In December 2002, Mr. Ed Pound wrote an article in Time magazine entitled “Unequal Justice: Why America’s Military Courts are Stacked to Convict.” Of “military tribunals,” Wikipedia notes:
Decisions made by a military tribunal cannot be appealed to federal courts. The only way to appeal is a petition for a panel of review (which may or may not include civilians as well as military officers) to review decisions, however the President, as commander-in-chief, has final review of all appeals.
Although such tribunals do not satisfy most protections and guarantees provided by the United States Bill of Rights, that has not stopped Presidents from using them, nor the U.S. Congress from authorizing them, as in the Military Commissions Act of 2006.
Fitzpatrick has stated that the U.S. Navy continues to maintain a document with his forged signature as authentic to the present time, and that the corruption within the military reaches up to and includes Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff.
Harold
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