Denise Lind would not accept any argument regarding the eligibility of Obama.
So you are wrong. Lind specifically told him he does NOT have a right to present his evidence. She called it irrelevant. The CENTRAL POINT she made in order to keep Lakin from presenting evidence was that EVEN JOSEPH STALIN COULD BE PRESIDENT AND COULD MEET THE REQUIREMENT OF THE AUTHORIZATION TO USE FORCE. This in spite of the 20th Amendment saying that if the POTUS failed to qualify he could not “ACT AS PRESIDENT”.
The Authorization to Use Force specifically required the PRESIDENT to decide where, when, and to what extend force should be used in foreign countries. Their legal consent was conditional upon that. If Joseph Stalin was President and forbidden by the 20th Amendment to “act as President”, then the terms for legal authorization to use force would not have been met, and the entire combat operation would be unlawful.
Lind knew that, and her claim that the SecDef or anybody else could decide on a “surge” in Afghanistan without the consent of a lawfully-acting President is a travesty. The only LAWFUL authorization for those guys to even fly to Afghanistan is because Congress said it’s OK as long as the President says it’s OK.
When I said he could file a lawsuit, I meant that he could file one in federal court. The court might or might not dismiss that case, but he was free to file it.
I am not surprised that he couldn't present that kind of evidence in the context of the court-martial. The purpose of the court-martial was to prosecute Lakin for refusing to follow orders. His desire to litigate the qualifications of the president is not inconsistent with his obligation to follow orders. He could have done both simultaneously. His mistake was that he thought he could give his desire to litigate priority over his obligation to follow orders. In other words, he was not at liberty to allow his litigation activities to disrupt his military duties. Our soldiers depend upon one another and there were soldiers who were depending on Lakin.
Nobody doubts that Lakin was genuinely interested in pursuing his constitutional theories, but he was required to do so in a manner that did not interfere with his continuing duties as a soldier. Until removed from office, Obama is the president and as such is the Commander in Chief.
A word on Joseph Stalin: If you have sufficient imagination to create in your mind a scenario in which Joseph Stalin was somehow able to convince a majority of voters (and their electors) that he was a natural born citizen and should be president, then you have sufficient imagination to finish that scenario such that Stalin takes the oath and serves as president until Congress removes him from office by impeachment. In the meantime, he would be the president and the Commander in Chief.