To date, not a single court has moved to take this issue up. And, in every understanding of existing US statutory and constitutional law, the ONLY way to remove a sitting president is by impeachment in the House and conviction in the Senate.
I'm sorry you're either too obtuse to understand these very elementary American jurisprudential concepts, or too argumentative to care.
Personally, I agree with Mark Levin on this issue. Period.
Why do you hate America?
Objection. Assumes facts not in evidence!
IMO the sole reason the 9th Circuit agreed to hear oral arguments in Drake v. Obama is their extreme discomfort with the Obama DOJ contention that for a sitting president, ONLY the Senate gets to interpret the constitutional meaning of “natural born citizen” eligibility.
My take from the oral argument is that even these three Democrat appointed judges (one Carter, two Clinton) couldn't stomach the idea of stripping SCOTUS of the exclusive power to rule of the meaning of NBC.
Judge Berzon said she was “concerned” by this “vague” argument (my children knew it was time to cringe when I used the words “I'm concerned”). Berzon is referring to the same argument that both you, BHO, and the Obama DOJ made in their brief and oral argument, the argument that impeachment is the only remedy for ineligibility and that conviction (and definition of ineligibility) is the exclusive right of the Senate.
Berzon followed that up with “That's not what it (the Constitution) says” and “Where does it say that?
Berzon specifically challenges the Obama DOJ argument that ineligibility, a condition which pre-dates inauguration, can be grounds for impeachment! Here is my own version of the transcript:
36:00 Constitutional discussion with DEJUTE
BERZON: If we did need to get to the political question I was a little concerned about you try to point to textual commitments in the Constitution to other branches, but theyre a little vague, are they not? What provisions of the Constitution do you think are committing these eligibility determinations of an officer of a candidate, of an officer, of an actual official to Congress, the Electoral College or somewhere else?
DEJUTE: Right, well it isnt that general, your Honor. It isnt a federal official or some other person, its the sitting president.
BERZON: Alright.
DEJUTE: Its a distinction worth noting because the commitment to the House is that that body has the sole authority under the Constitution
BERZON: to impeach.
DEJUTE: To impeach. And the Senate has the sole authority
37:00 BERZON: But this wouldnt be grounds for impeachment, would it?
DEJUTE: Wouldnt it be a high crime and misdemeanor? I dont know were in the area of there has clearly been no case law. But I do know that if the Constitution says that the only body that can remove a sitting president is the Congress in both houses, then the
37:22 BERZON: Where does it say that?
DEJUTE: Well, I just suggested, and you did accurately say impeachment
the House says that the House has the sole responsibility to impeach. The Senate has the sole responsibility to convict, and in the Nixon case, the United States Supreme Court has cautioned courts to allow impeachment proceedings as a quintessential non-judiciable element and to stay away because that is what the Senate has the sole responsibility to do, and, by definition, not the courts.