Posted on 07/14/2009 6:51:58 PM PDT by null and void
Nice try to remove Maj Cooks' "standing" Mr 0bama!
Not so fast there. If you are, as we strongly suspect, not constitutionally qualified to be the President and CiC, you aren't qualified to rescind an order either.
If Maj Cook and Dr Taitz fall into your trap and drop the suit they have tacitly agreed that you have the authority to issue a lawful order.
BUT If Maj Cook and Dr Taitz continue the suite based on your original illegal order and assert that you do not have the legal authorty to overturn the illegal order to send his unit to Afghanistan what happens?
All those people who accused Maj Cook of being a combat-avoiding-coward lose any credibility that they may have had by insisting that putting his career and future life on the line was only to slither out of a combat assignment.
Now he'd be suing to be lawfully sent TO combat. What could you do? Issue another illegal order to rescind the illegal rescinding of the first illegal order? Puh-lease.
Sorry, Mr Obama. Your only choice now is to show your legitimate birth certificate and have everything you have signed into law, and every appointment you have made as alleged president instantly rendered null and void, or you can step down and hope they remain in force.
Choose.
Not mine.
Not just yet. Biden is still legit.
Of course he'll need a Veep...
Excuse me for being VERY late to this thread, but...
Am I to understand that when challenged on the legitimacy of an order as CiC, 0bama tried to choose to rescind that order rather than face the court challenge?
If so, could it be any more obvious that he knows he would fail that challenge?
That is my understanding.
If so, could it be any more obvious that he knows he would fail that challenge?
Nothing comes to mind.
I can't fault your reasoning, but since there are Constitutional provisions for succession, and more importantly, it would be less disruptive to have a smooth transition to Bidet, that's the way I'd bet.
Not to worry, Ol' Gaff Machine Biden wouldn't last very long trying to stand on his own merits...
According to Stefan they are not giving up AT ALL.
Bump!
One can only hope.
The only other option you leave open is McCain.
Realistically, the country would implode in that case.
First off, the liberals would promptly go nuclear.
And Non-US Born McCain has his own Constitutional issues.
I agree the proper way to do it would be to kick 0bama out of the Whine House, and Bidet out of the Blair House and hold a special election.
Who would be in charge of the country while the election is being organized and campaigned out? The Imperial Congress? The military? Who?
Excellent post MM. IMO One all military connected families should read.
“I suspect the courts will say that the civilian authority, i.e. Congress and the USSC, has sworn him in and until he is proven not a US citizen the orders are lawful.”
Won’t work. Again, the oath officers take is to the Constitution, not the SCOTUS, POTUS, or Congress.
Worse, the military chain of command was designed to have a civilian at the top, not a general. Generals, and other officers, are legally wired to take legal orders, as per the UCMJ, which is a separate system of justice than the civilian system of justice (this is why all the talk of military tribunals instead of civilian legal courts for trying terrorists).
For an officer, it supposed to be simple: Is the order legal? Yes, follow it. Full stop.
If you are the Joint Chiefs of Staff for example, the same rule applies - does the President have the legal authority to give me as a Chief the legal ability to issue orders, or follow orders from the National Command Authority (President)?
No. Full stop. Joint Chiefs should be asking whether they have any legal authority at all to conduct military operations in any theater of war right now, because after last night, the answer is very possibly ‘No’. ‘Very possibly’ (reasonable suspicion) is the only standard an officer needs to question the legality of an order. If he thinks an order is illegal, he’s duty-bound to question it, or go to the brig like Lt. Calley.
One end around an officer could try is to use the same logic civilian law enforcement uses to search a car: exigency.
“I searched the car after pulling it over because to take the time to get the warrant from the judge, the suspect would have disposed of the evidence.”
You STILL have to have Probable Cause, but you don’t need to get the warrant to search the vehicle. Later, in court, you have to establish Probable Cause to make the evidence obtained from the search admissible in court.
How would an officer use this in this situation?
You act on the orders, based on the exigency of the situation - “We were under attack by overwhelming hostile forces” - and you followed orders issued by your commanding officer to order an airstrike on advancing troops, killing hundreds of those attacking troops.
If Obama is not legally allowed to be the National Command Authority, was the order to bomb attacking forces legal?
No.
Should the officer (suspecting Obama’s a Kenyan) ordered to call in the airstrike be subject to court marshall?
Yes. The officer had stated the night before that Obama was probably a Kenyan, yet followed the order anyway.
Would they find him guilty of obeying an order he knew to be illegal? Can’t say.
They may find him guilty, and find that the punishment to be nothing, not even an entry on his service jacket of the conviction, or in fact, perhaps get a commendation or medal if he exhibited bravery in execution.
The problem the military court has is that if he’s found innocent, an officer can basically follow orders from anyone they believe is credible. “Colonel Kurtz told me to burn all those villagers, and since he’s my CO, I did it. I trusted his judgement that the order was legal.”
Bottom Line? The military is in this position:
“We are issuing and following orders based on Obama looking like he’s the President, even though we aren’t sure he’s Constitutionally allowed to issue orders. This means if he tells us to launch a nuclear strike, we’ll probably do it, even though he’s not legally allowed to order such a strike, and even though it may kill more than a billion people.”
How do you get around it? Amend the Constitution. The requirement for the President to be a natural born citizen isn’t some arcane bylaw in some United States Code.
For Obama to be legally sworn in by anyone, he’d have to get 2/3 of the States to agree to an amendment allowing foreign-born citizens to be President (otherwise known as the Schwarzenegger Amendment, probably since he made a big deal once of wanting to introduce such a thing). Obama would have to have this done ‘retroactively’, to make all the damage he’s already done, including executive orders signed, stick.
This isn’t going to be a simple fix. As of last night, if you don’t think Obama is a US citizen, you can refuse orders, and apparently the response is going to be that your orders will be rescinded, rather than you go to the brig where you’d normally richly belong.
There’s going to be a week or two before this sinks in throughout the entire chain of command. At that point, the United States is pretty vulnerable. I’d think that the press is being told to lock this story down hard, because the more momentum it gains, the higher the probability of officers throughout the services and ranks questioning the legality of their orders.
From here on out, if you follow a command, you are essentially putting your trust in your CO to sort this out, and for now, you are going to do your job. We’ll see how long that lasts. It may last for quite a while. Who knows.
If we get in any kind of scrape requiring mobilization, then we’ll have a problem.
We are still within Biden's "he'll be challenged in the first six months" window.
With no chain of command in place the decks are cleared for a major (pun intended) incident.
This deployment issue has the potential to be greatly entertaining.
Yes he was. He was born to parents on active duty.
I am sure the dem slime machine is putting the poor major in its sites right now.
At least Palin will get a break for a while.
Thanks for the insight. I only am able to occasionally peek in and out of FR.com these days.
My best resource for what is really going on.
I simply do not have enough hours to stay as totally informed as I would like to be. So I ask what might seem to be simple questions on occasion.
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