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To: 2harddrive
They say that, because then he would never have been eligible to hold the office in the first place, and so is NOT the President, and thus CANNOT be impeached!

He legally became President on the day the SCOTUS swore him into office. He can only be removed via IMPEACHMENT.
1,937 posted on 08/02/2009 10:35:44 AM PDT by Cheerio (Barack Hussein 0bama=The Complete Destruction of American Capitalism)
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To: Cheerio

No impeachment neccessary since he was never eligible to hold the office.

In this case I think they give Biden the oath of office and escort Obama out of the White House.


1,944 posted on 08/02/2009 10:37:56 AM PDT by Diggity
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To: Cheerio
He legally became President on the day the SCOTUS swore him into office. He can only be removed via IMPEACHMENT.

Beg to differ, but this situation is unprecedented in our history. We have to look to how our traditional law functions in similar instances to determine how to proceed if he's found to have committed actual fraud against us.

In any similar instance, I don't believe that any court would find that because a person was elected and sworn in, that that somehow mitigates the fact that they were never entitled to the office to begin with. There is no retroactive immunity from logic and reason in this regard, in my personal opinion.

Only a qualified President can be impeached, per the Constitution. If Obama is proven to be unqualified, and therefore ineligible to hold the office of President, then it just does not follow that he must be impeached. Logically, and legally, I don't believe he can be, as he was never the President to begin with (even though that fact is discovered after the election and swearing in).

Again, I believe that we have to look to how any other fraud of this type would be prosecuted, to divine the answer.

4,745 posted on 08/02/2009 11:56:50 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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