Lt. Col. Terry Lakin is the highest-ranking and first active-duty officer to refuse to obey orders based on President Obama's eligibility.
The defense attorney for an officer refusing Army orders until Barack Obama documents his eligibility to be commander in chief has hinted that the president's proof of eligibility could come up during the course of the government's prosecution of his client.
"In the (Uniform Code of Military Justice), just as you would expect, criminal defendants have the process of the court, for subpoenas and depositions under the rules that are prescribed," attorney Paul Jensen said during an interview today on G. Gordon Liddy's nationally syndicated radio show.
Jensen was on the program with his client, Lt. Col. Terry Lakin, who posted a YouTube video inviting his own court-martial because he believes military orders under an ineligible president are illegal. He then posted a letter telling Obama it's up to him to provide the proof.