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Soldier doubts eligibility, defies president's orders
WND ^ | February 23, 2009 | Bob Unruh

Posted on 02/23/2009 6:47:18 PM PST by Joiseydude

A U.S. soldier on active duty in Iraq has called President Obama an "impostor" in a statement in which he affirmed plans to join as plaintiff in a challenge to Obama's eligibility to be commander in chief.

The statement was publicized by California attorney Orly Taitz who, along with her Defend Our Freedom Foundation, is working on a series of legal cases seeking to uncover Obama's birth records and other documents that would reveal whether he meets the requirements of the U.S. Constitution.

"As an active-duty officer in the United States Army, I have grave concerns about the constitutional eligibility of Barack Hussein Obama to hold the office of president of the United States," wrote Scott Easterling in a "to-whom-it-may-concern" letter.

(Excerpt) Read more at wnd.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: bho44; birthcertificate; certifigate; getalife; naturalborn; naturalborncitizen; notthisshiitagain; obama; orlytaitz; taitz; tinfoil
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To: Non-Sequitur

He will have access to the information if they try to charge him. If they charge him he will get more soldiers following him. If they do not charge him the case will go forward. If it gets dropped, more soldiers will follow him. Nice how that will work.

Scalia said it during a speech at a university - i will find the cite. Scalia said a candidate will have standing. nice how that works. Enjoy.


201 posted on 02/24/2009 10:58:12 AM PST by Frantzie (Boycott GE - they own NBC, MSNBC, CNBC & Universal. Boycott Disney - they own ABC)
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To: Frantzie
He will have access to the information if they try to charge him. If they charge him he will get more soldiers following him. If they do not charge him the case will go forward. If it gets dropped, more soldiers will follow him. Nice how that will work.

He can try. His charges will no doubt stem from refusal to obey his company or his battalion or his brigade commander. He can try and bring Obama into it, that doesn't mean he'll be successful. The military judge will have the final say in what's allowed and what isn't.

Scalia said it during a speech at a university - i will find the cite.

If you would please. I have a tremendous amount of respect for Justice Scalia and would be interested in reading his thoughts on the matter.

202 posted on 02/24/2009 11:02:06 AM PST by Non-Sequitur
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To: Non-Sequitur
someone who can show he or she has suffered damages by Obama's actions that are real and concrete, and not theoretical or conjectural. What are the real damages this officer has suffered?

Can we apply the Lilly Ledbetter standard to your statement?

Wasn't the point of the "Lilly Ledbetter" law that Obama signed that she couldn't possibly have known that she was being harmed until well after the statutes of limitation of remedy had passed?

Since Obama refuses to make his qualification documentation available, how can anyone know they are harmed until it's too late to remedy the situation?

-PJ

203 posted on 02/24/2009 11:46:04 AM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: MindBender26
Obama can not succeed with a “unduly burdensome” argument, since one production by a civil servant from Hawaii puts all these cases to rest.

I also wondered why there can't be an Article VI Supremacy argument to be made.

The "one production by a civil servant from Hawaii" is hiding behind Hawaii's data privacy laws to protect Obama from having his birth certificate revealed. But doesn't the fact that the presidential qualifications stem from Article II of the Constitution, and Article VI say that the Constitution is the "supreme law of the land," and that "Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" open a door of opportunity?

Wouldn't this assume that the Constitutional requirement to show qualification trumps Hawaii's state privacy laws? Couldn't this be used to compel Hawaii to provide Obama's birth certificate?

-PJ

204 posted on 02/24/2009 11:59:13 AM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: Non-Sequitur
I'm sorry, but I assume you are not an attorney in sticking to the “damages” issue

Think about it two ways.

First, you are confusing “Damages” and “Damage.”

“Damages” are a quantifiable amount of (usually) dollars that serve to compensate for “damage” done.

You can be “damaged” (hurt/endangered/jeopardized) without having a fixed set of “damages” that would be identifiable to right the wrong...

You can sue in court or mount an affirmative defense that you are taking / took the action you took to prevent yourself from being DAMAGED..... all (perhaps) so you will not have to sue for (monetary) DAMAGES later.

Secondly. It is Black Letter Law that you cannot make a contract to do an illegal thing.

For example, no matter how we word it, you and I cannot enter into an enforceable contract to rob a bank.

By extension, one cannot be required to do something by someone who does not have the standing to make you do it.

205 posted on 02/24/2009 12:01:40 PM PST by MindBender26 (The Hellfire Missile is one of the wonderful ways God shows us he loves American Soldiers & Marines)
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To: Political Junkie Too
The killer word here is “show”

Yes, there is a requirement to be a certain “class” of citizen to be President, but to whom, does who, have to “show” that a prospective president meets that requirement?

To what degree of certainly?

When?

By what means?

Upon whom does the burden of proof fall? The supposed president or those who would seek to disqualify him?

Do any later amendments conflict with the natural-born requirement?

How is natural-borm defined?

Who defines it?

Outa the range of my 3.6 in Con Law!

206 posted on 02/24/2009 12:13:58 PM PST by MindBender26 (The Hellfire Missile is one of the wonderful ways God shows us he loves American Soldiers & Marines)
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To: MortMan

See posts #97 and #171.


207 posted on 02/24/2009 12:18:58 PM PST by Sarajevo (You're just jealous because the voices only talk to me.)
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To: MindBender26
but to whom, does who, have to “show” that a prospective president meets that requirement?

Continuing to play the Constitution game, I would say the "to whom" is:

1. to the other two branches of government. That would be Congress and the Supreme Court.

2. to the other parties of the Constitution, which would be to the several States, and to the People.

3. One could argue that for 2. above, the Senate acts as agents for the several States, and the Hosue acts as agents for the People.

For "who," I would say the candidates running for the office, and failing to show proof during the candidacy does not relieve the winner, as president, from showing the proof afterwards (amendment XX). Actually being sworn in and taking office does not relieve one of continuing to meet the qualification (and need to show proof), nor does running for a second term. If proof was not provided upon taking office, the fact of having been president should not relieve one of showing proof for taking the office a second time.

-PJ

208 posted on 02/24/2009 12:28:23 PM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: Political Junkie Too
Can we apply the Lilly Ledbetter standard to your statement?

Not logically, no. Ledbetter was able to identify real damages suffered, though after the time limit in the statute. For this officer there is no time limit, just a question of what damages Obama may have caused him.

209 posted on 02/24/2009 12:37:37 PM PST by Non-Sequitur
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To: Non-Sequitur
But the point still remains that Ledbetter was not aware of being damaged at the time that she was damaged.

Isn't the officer simply trying to ascertain whether he's being damaged, instead of waiting for four or eight or more years to find out if he was, in fact, damaged?

-PJ

210 posted on 02/24/2009 12:46:00 PM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: MindBender26
I stand corrected. I've been using 'damages' and 'injury' interchangably and I shouldn't have been. But what we can agree to, I hope, is that in order for Lt. Easterling to demonstrate standing then he needs to point out specifically how his legally protected interests have been harmed or injured in any way if Obama is shown to be constitutionally unqualified to be president. And I also hope that we can agree that these injuries have to be actual and not conjectural or hypothetical.

By extension, one cannot be required to do something by someone who does not have the standing to make you do it.

So we get back to the question, what is Obama forcing him to do?

211 posted on 02/24/2009 1:17:47 PM PST by Non-Sequitur
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To: Non-Sequitur
You're diverting from the issue. Obama is Constitutionally UNQUALIFIED!!!
212 posted on 02/24/2009 1:28:31 PM PST by Yosemitest (It's simple, fight or die.)
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To: Non-Sequitur
That's up to the good Lieutenant, since if Obama has no right to tell him what to do, then anything he is forced to do at Obama’s behest is inappropriate if he wants call it so!

Seriously, Is this a filed matter?

Do we know AOR (Attorney Of Record?) Will they take a contribution?

213 posted on 02/24/2009 1:30:42 PM PST by MindBender26 (The Hellfire Missile is one of the wonderful ways God shows us he loves American Soldiers & Marines)
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To: Yosemitest
You're diverting from the issue. Obama is Constitutionally UNQUALIFIED!!!

Proving that seems to be the problem. He doesn't seem inclined to help.

214 posted on 02/24/2009 1:30:47 PM PST by Non-Sequitur
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To: Political Junkie Too
This would work itself through the courts, in no more than 60 months... unless it took more time!

:`)


215 posted on 02/24/2009 1:32:36 PM PST by MindBender26 (The Hellfire Missile is one of the wonderful ways God shows us he loves American Soldiers & Marines)
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To: Non-Sequitur
And I also hope that we can agree that these injuries have to be actual and not conjectural or hypothetical.

His case now is for prevention, rather then compensation or redress.... and that certainly is an arguable case!

216 posted on 02/24/2009 1:35:33 PM PST by MindBender26 (The Hellfire Missile is one of the wonderful ways God shows us he loves American Soldiers & Marines)
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To: Non-Sequitur
Obama's refusal to produce the original birth certificate proves that!
'nuff said!!!


217 posted on 02/24/2009 1:40:04 PM PST by Yosemitest (It's simple, fight or die.)
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To: wac3rd
"I think that the actual damages and losses that anarchists, blacks and Leftists would do (trillions of dollars) will, unfortunatly derail anything ever being pursued. When his term(s) is/are over NBC or CBS will do a pseudo-story and realize he was Kenyan. OJ was acquitted for the same reasons, urban chaos and anarchy."

If this is true - it's going to happen one day - one way or another.

If we let our country go down the drain & live in fear - it will only get worse & then it will be past the time anything can be done to rectify the problem.

218 posted on 02/24/2009 1:57:46 PM PST by LADY J
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To: Joe Marine 76

He’s just getting his jollies by hassling people on this topic; he’s said so himself. He does it for enjoyment. Pretty sick, huh?


219 posted on 02/24/2009 2:14:03 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: PurpleMan

>>>Then again, I’m not a lawyer.

But you are a promoter of liberalism on FR.


220 posted on 02/24/2009 2:16:34 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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