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To: BP2; LucyT
Is Quo Warranto the only remedy she seeks?

It has always seemed to me that the correct basis on which to address the problem is the position that he cannot act as President.

A Military Officer cannot be forced to obey commands issued under his authority.

It seems to me that the Military cannot live with the situation in which they don't have a CIC.

I have been after Farrah to delegate one of his writers to go interview the Judge Advocate General to find out what the international law ramifications are to military in the field. I believe legal liabilities and immunities turn on lawful orders.

53 posted on 10/12/2009 9:27:12 AM PDT by David (...)
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To: David; rxsid; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; GOPJ; BP2; ...
Thanks, David.

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. . . for further discussion.

54 posted on 10/12/2009 9:44:01 AM PDT by LucyT
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To: David; Red Steel; All
As pertains to the military officer plaintiffs in the Barnett case, would Quo Warranto be necessary relief for them? Perhaps a declaratory judgment from the Court finding Obama constitutionally unqualified to be president would suffice as relief for the military plaintiffs. Upon such a judgment, an officer sworn to uphold the Constitution could not recognize the purported President as CIC, and therefore would be under oath to not obey any order issuing from him.

Wouldn't any federal court have power to issue such a judgment? One would think so by a plain reading of Article III, Sec. 2 of the Constitution: The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution...

58 posted on 10/12/2009 12:30:53 PM PDT by justiceseeker93
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