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It would be good not to represent that Ryder says more than it says because the de facto officer doctrine does not apply to decisions as yet unmade which is the point of Ryder after all where Coastguardsman Ryder brought up the point before the decision was made as does Colonel Hollister in his case.

What is perplexing to me is that Judge Robertson does not feel the federal courts have any role in answering the question, "Were I, as a retired Air Force Colonel [Col. Hollister] and thus subject to perpetual presidential recall to duty, to receive orders from this president so to do, would I have to obey such an order, given the uncertainty surrounding the authority and eligibility of this president to issue such orders to me in the first place? Where so many questions remain on the legitimacy issue, what would be my constitutional duty in this regard, which I swore to in taking my own Constitutional Oath?"

Evidently Judge Robertson found this question "unreasonable," since the "citizenship test" of the president had been amply ventilated on the Internet over the past year or so.

O Goodie. The Internet is now the American standard of law and our court of justice. Okey-dokey. But then, Judge Robertson: Why do we need YOU? Maybe we ought to encourage all federal judges to retire, and leave American constitutional law and justice to determinations on/by the Internet?

Whatta jerk.

I would most desperately like to know what is in the Berg "sealed case"....

Thank you ever so much, AmericanVictory, for your provocative and perceptive insights!

Thank you, for your interest. What is interesting is that in a case where a judge relied upon "blogging and twittering" on the Internet as the ultimate arbiter of American consittutional justice, when Hemenway moved for judiical notice of statutes in Hawaii, the Kenyan birth certificate filed before Judge Carter and the differing official certifications to the states by Pelosi, the lawyers for Soetoero a/k/a Obama first chose to ignore the effort and then, upoon a show of cause issued by the Clerk, opposed with some serious misrepresentations. The case is well worth watching and one wonders what other reservists and even guard members are thinking as they learn that it is going on? It would be good if Hemenway and Donofrio couid communicate.

The fact remains that the question of why Colonel Hollister should not be able to have the election of Soetoro a/k/a Obama declared only to have made him a president de facto and not de jure if Coastguardsman Ryder was able to have the appointment of the Coast Guard appeals panel members so declared? Is the One too big to be held to have acted above the law and thus fail as the constitutional fraud that he appears to be?