Interesting read.
I don’t know enough law to evaluate any of this. What I do know is that this situation probably can only be resolved by a combination of publicity and legal actions. If this gentleman is willing to be a martyr for the cause, which is how I read his statement, then it might do some good in bringing the issue to wider attention and doubt about Obama. I honestly don’t know, and certainly I would never advise anyone to do this. It’s his choice.
People can say what they want to say about Leo. He is certainly someone who marches to his own drummer but he is also very bright in doing his legal research on these cases. He has mined through a lot of Scalia’s oustanding writing.
Leo is a straight shooter. He pulls no punches. I disagree with him about troops not getting involved in cases. I agree that extreme care was required with counsel by extremely experienced and competient attorneys. I have asked here is their is a retire or ex-JAG officer group who are now practicing attorneys who could help.
I think FreeMan’s suggestion to Orly that they should have been named as John Doe’s - if legally possible - was the way to go.