Replies

"There is an inside story out there that the Joint Chief's required Biden to sign the orders on the grounds that he is Acting President under the 20th Amendment."

Is this right? "The Constitution already says that in the event of the incapacity, death, resignation or removal from office of a President, it is the Vice-President who fills the role of President."

Yes.

Also responsive to bgill's #594:

Please explain more about the Biden thing. Are you saying the Joint Chief's know for a fact (or at least highly suspect) the order was issued by an ineligible CinC? If so, then that's a huge red flag which begs the question why aren't they pushing to end this charade of his?

The succession clause turns on a "President" in office; same as the Supreme Court nomination clause. Under clear and unambiguous Supreme Court decisions, a person who is not eligible to hold an office does not hold it. Obama is not the President--he is just a fake.

The legal proposition is the 20th Amendment which provides that when Congress certifies an eligible person as Vice President, but fails to certify an eligible person as President, the Vice President is "Acting President" which is where we presently sit. Biden is Acting President.

I don't know for sure, and there is insufficient information available to tell what really happened. However knowledge that Obama has some problem with his eligibility to occupy the office is widespread in DC. Most insider's assume that he is not eligible.

What the Joint Chief's think is beyond me. I have always thought the military was most exposed by this condition and I am surprised that the Chief's have allowed the situation to continue. So it would be reasonable to see them act to cover the risk that this particular operation, in the context of the character of the exposure, might have liability they did not want their people to take on.

There is also an Insider story that Obama was not involved in the decision to act--that the decision was made by Hillary and Panetta. That story may be attempted cover for ultimately relying on action by Joe; the entire story may be fake; we really don't know yet.

I guess at a minimum, you can assume that the obvious controversy over his eligibility is having some impact on the decision making process.