Retired Air Force Lt. Gen. Thomas McInerney, a Fox News contributor, filed an affidavit in the case of an officer who refused orders to go to Afghanistan, arguing that President Barack Obama was not born in the U.S., the website Talking Points Memo said Wednesday.

McInerney  headed the Alaska Command, which included Eielson Air Force Base, 20 years ago. He retired in 1994.

"The affidavit from McInerney acknowledges concerns about Obama's Constitutional eligibility, and demands that he release his birth records or that the court authorize discovery," TPM said.

The President of the United States, as the Commander in Chief, is the source of all military authority. The Constitution requires the President to be a natural born citizen in order to be eligible to hold office. If he is ineligible under the Constitution to serve in that office that creates a break in the chain of command of such magnitude that its significance can scarcely be imagined.

As a practical example from my background I recall commanding forces that were equipped with nuclear weapons. In my command capacity I was responsible that personnel with access to these weapons had an unwavering and absolute confidence in the unified chain of command, because such confidence was absolutely essential-- vital-- in the event the use of those weapons was authorized. I cannot overstate how imperative it is to train such personnel to have confidence in the unified chain of command. Today, because of the widespread and legitimate concerns that the President is constitutionally ineligible to hold office, I fear what would happen should such a crisis occur today.

In refusing to obey orders because of his doubts as to their legality, LTC Lakin has acted exactly as proper training dictates. That training mandates that he determine in his own conscience that an order is legal before obeying it...Indeed, he has publicly stated that he "invites" his own court martial, and were I the Convening Authority, I would have acceded to his wishes in that regard. But thus stepping up the bar, LTC Lakin is demonstrating the courage of his convictions and his bravery. That said, it is equally essential that he be allowed access to the evidence that will prove whether he made the correct decision.

For the foregoing reasons, it is my opinion that LTC Lakin's request for discovery relating to the President's birth records in Hawaii is absolutely essential to determining not merely his guilt or innocence but to reassuring all military personnel once and for all for this President whether his service as Commander in Chief is Constitutionally proper. He is the one single person in the Chain of Command that the Constitution demands proof of natural born citizenship. This determination is fundamental to our Republic, where civilian control over the military is the rule.

According to our Constitution, the Commander in Chief must now, in the face of serious-- and widely held-- concerns that he is ineligible, either voluntarily establish his eligibility by authorizing release of his birth records or this court must authorize their discovery. The invasion of his privacy in these records is utterly trivial compared to the issues at stake here. Our military MUST have confidence their Commander in Chief lawfully holds this office and absent which confidence grievous consequences may ensue..

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