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Soldiers & Lawyers Readying Class-Action Lawsuits Against (Non?) President Obama
Friends and Fiends in DC | MB26

Posted on 07/28/2009 9:43:04 AM PDT by MindBender26

Behind the scenes, at many military bases across the country and around the world, a not-too quiet challenge is developing against Barack Obama and his questionable qualifications to be President of the United States.

Most FReepers are familiar with the ongoing civil litigation against Obama. Plaintiffs claim he is not constitutionally qualified to be president because he does not meet the legal description of a “natural-born citizen.”

Obama’s lawyers have never entered pleadings on the MERITS of the plaintiffs’ cases. They oppose the plaintiffs’ suits on the issue of “standing.” They claim the plaintiff’s do not have a right to sue. Generally, that “standing” claim is well-founded. Giving every citizen the right to sue the president would be a nightmare. Can you imagine George Bush defending 10,000,000 individual suits by Dems over the war in Iraq?

But recently, one plaintiff had a strong chance of being given “standing to sue.” The plaintiff was an Army Reserve Major, Stefan Frederick Cook, from the Tampa area. His call-up to active duty positioned him as a person who could demonstrate the likelihood of real damages if Obama was not a legally-elected president. Cook could be killed, wounded or even charged as a war criminal if Obama was not legally the president.

He sued, claiming Obama was not legally qualified to be President, not legally qualified to order him to do anything.

The judge was set to begin preliminary hearings when the government lawyers dropped a legal bomb. They canceled Maj. Cook’s orders for the obvious purpose of denying him standing. With Major Cook longer on activation orders, the case was moot and was dismissed by the judge.

This hugely significant legal surrender by the government was noticed by every lawyer in the country watching this issue. It also immediately became an enormous topic of conversation in every barracks in America. If Obama was willing to cancel one soldier’s deployment orders because of a court challenge to his right to be president, what would he do the next time someone raised the issue?

As a result, service members and lawyers began action immediately. It is believed that as many as 100 lawyers are preparing to file litigation such as Maj. Cook’s. This litigation would be in many courts across the country and put a huge strain on the Obama-DNC legal team. Do they cancel 100 sets of orders this week, only to face 1000 suits next week?

Even worse, sources close to some of the potential litigants tell me that at least four lawyers, including one very well known conservative Vietnam veteran-lawyer, are seeking enough clients so they can petition the court for the establishment of a Class of Plaintiffs in a proposed class action case. If that happens, then every military service member on orders for SWA would be covered.

At that point, Obama has no viable legal option. He has proven himself unwilling to try the case on its merits, and willing to cancel orders to avoid having to face discovery. How can he be POTUS and CINC if he cannot issue orders to the military he claims to command?

From there, every time Obama tries to act under color of law in any matter, military of not, someone sues and Obama’s action ceases.

This is an important turning point in a case of incredible constitutional and legal significance.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: barackobama; bho2009; bho44; birthcertificate; birthers; bloggersandpersonal; certifigate; classaction; colb; cook; eligibility; ineligible; kenya; majorcook; military; obama; obamanoncitizenissue; obamatruthfile; stefancook; unverifiable; usurper
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To: RummyChick

Well, I’ll try to find it, but I’m pretty sure that even if he was born in Kenya, he qualifies - unless his mother was not a citizen. I think at the time of Obama’s birth, the requirement was 10 years after the age of 14, btw; it changed a couple of times. If it was 10 years, then he wouldn’t be a citizen under the old rule because she wouldn’t have lived here long enough after 14 to confer that status, but the law was amended (in the 80s, I think) and only 2 years were required, in which case she would have been old enough.

She had been out of the country at various times for a few months here and there, but I don’t think she was actually living anywhere else, strictly speaking.

In any case, as I say, he wouldn’t be doing all this if there weren’t something to hide. Is it just that his elaborate fiction about himself will come tumbling down? Or is there really some disqualifying factor?


81 posted on 07/28/2009 1:25:39 PM PDT by livius
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To: Semper911

PING!! There you go friend. CO!!


82 posted on 07/28/2009 1:40:09 PM PDT by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: ChocChipCookie

I agree with you. ALL areas of this man’s past are not only fair game but should be required!! “Cipher” is a good word, I just call him a blank slate, but either way it’s pathetic!! CO


83 posted on 07/28/2009 1:42:04 PM PDT by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: ctdonath2

I agree with your point 100%. The Military are not asked to assassinate their brains when they join the service. For God’s sake this is the most important Constitutional issue that there could be at the moment. The speed with which this man is steam rolling over every aspect of America DEMANDS some verifications. Also, even in carrying out his “presidential” duties, he’s breaking the Consititution every single day. Look how he has concentrated all the power pretty much in the Executive branch (himself), thereby demolishing the checks and balances that were so cleverly established by the Founders of this wonderful document!! CO


84 posted on 07/28/2009 1:49:35 PM PDT by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: Uncle Chip

PING!! Sorry, I had to get off the ‘puter for a few hours. CO


85 posted on 07/28/2009 1:58:16 PM PDT by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: MindBender26

Major Cook is a brave patriot and he needs are support - he is paying a high price but he may ultimately be the one that allows us to get to the bottom of this.


86 posted on 07/28/2009 1:58:39 PM PDT by surfer
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To: MindBender26

.


87 posted on 07/28/2009 2:03:42 PM PDT by dubie
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To: livius

I am not sure what part of “he qualifies “ you mean. If born in Kenya UK Citizen and US citizen because he was born out of wedlock. The only possible out to that is if you find that it has to be a contiguous 12 month period right before his birth or if Ann was married in a customary marriage in Kenya which I am pretty sure the US would have recognized...but not 100% sure. Even if Ann had that ceremony it would be pretty hard to prove at this point and Obama would find no reason to make such a claim because it would not work in his favor.

He can milk this for the poor woe is me scenario.

If you are talking natural born citizen there is no other statute. You only have the Constitution and the 14th amendment with case law trying to interpret it.


88 posted on 07/28/2009 2:09:00 PM PDT by RummyChick
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To: TheOldLady

For further edification:

Title 8, Chapter 12, Subchapter III, Part I, § 1401 (commonly called “Section 1401”) defines a natural born citizen a follows:

(a) a person born in the United States, and subject to the jurisdiction thereof; (an aside, although children of illegal aliens are citizens if born in the US, children of foreign diplomats born here are not, because, under the parents’ diplomatic immunity, they are not “subject to the jurisdiction” of the United States)

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.


89 posted on 07/28/2009 2:25:38 PM PDT by MindBender26 ("Ok, so I screwed up... again. I'm 65. What are they going to do, send me back to Vietnam again?)
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To: RummyChick

I thought Obama’s parents were married here. In any case, it doesn’t say anything about being legally married, simply the qualifications that the “parents” (not “spouses”) must fulfill.

This was an immigration provision, so it would be defining and implementing the general provisions of a law, which in turn would have its roots in some Constitutional article. However, I still can’t find it, so I can’t swear that it said “natural born” and not simply “citizen.”

But in any case, he’s clearly hiding something. The fact that the House came out and declared him a “native of Hawaii” (whatever that means) today indicates to me that he’s worried and there’s a problem there.

This would make a great mystery if we were just reading it and it didn’t determine the future of our country...


90 posted on 07/28/2009 2:41:46 PM PDT by livius
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To: sbark

......#1 oath is to the Constitution

In that the POTUS, who takes a similar Oath swears to support the Constitution.......Which Obama is not doing clearly.....

......#2 is 2nd because a domestic enemy could be the POTUS

.....the founding fathers had thought this stuff thru, becuase they lived thru it 1st.

Yes thank the Lord for our extremely thoughtful forefathers, can anyone say Benedict Obama?


91 posted on 07/28/2009 2:51:00 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: livius

There is a UNIQUE status requirement for the President.

He has to be a NATURAL born citizen according to the Constitution. NATURAL means, born on US soil, of parents who were BOTH US Citizens.

Obamas dad was a BRITISH SUBJECT at birth.

Obama can never be a NBC.


92 posted on 07/28/2009 2:51:00 PM PDT by plenipotentiary (Obama was a BRITISH SUBJECT at birth, passed to him via Dad, can't be NBC)
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To: MindBender26

Where do you see Natural born in that statute?

it’s

The following shall be nationals and citizens of the United States at birth


93 posted on 07/28/2009 2:55:46 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: DYngbld

This is the crux of it. It’s why chain of command is so important. Time frames get very short, and the stakes go way up, and you want your people to act on orders without the hint of a question as to their wisdom or legality.

So far, this thing started with one Major questioning orders on the basis of legality. Within 2 weeks over 100 cases are being prepared on the same basis, and this time the members are active duty. Where will we be in a month?

1000 cases? 10,000 cases?

The only responsible thing for the WH to do is to make this a political question again, instead of a military one. The gang of four needs to get together (all D’s) and decide what to do on this.

Here’s another aspect of this situation. It’s one thing to bamboozle the sheeple here in the US. MSM is working overtime on that right now. There’s now a lot of smoke, and a couple of flames.

In foreign goverments, they aren’t speculating on this. They’ve gone after these records and they know where Obama is on this dispositively. Does Israel look like its afraid of the administration on Iran right now? Are they afraid of having weapons or funding cut off? If they are, they aren’t acting like it. Russia? China? India? All three have told us what we can do with climate change.

Obama’s doing a lot of foreign junkets, but he hasn’t come up with anything substantial in the way of progress with other nations.

If average Freepers are asking such simply dealt with questions, so are foreign governments, and they know what to do with the leverage. It serves foreign governments to keep a completely emasculated CINC in office for as long as possible. That’s the thing they all hated about Bush, was that the guy meant what he said, and really couldn’t give a toss what the Russians, Chinese, or Iranians thought. Bush ACTED in other spheres of influence. A politically compromised Obama is guaranteed not to.

All this completely goes away if the man produces what parents everywhere produce to get their kid into Little League. He’s spending millions in legal defense to prevent just that. Why?


94 posted on 07/28/2009 3:03:03 PM PDT by RinaseaofDs
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To: livius

You are mixing things up. There is NO other statute that outlines Natural born citizen as it relates to the Constitution. But look for whatever you found and see what it says.

Again, Constitution and 14th Amendment

Do you understand that Hawaii was not a State that recognized Bigamy?

Do you understand that Obama Sr was already legally married by Kenyan law?

Therefore, NO LEGAL MARRIAGE IN HAWAII - IF one existed which may not have happened. YES, the divorce says there was a marriage. So what. The family lies. Let me see the marriage license application where Obama SR LIED punishable by prison.


95 posted on 07/28/2009 3:03:57 PM PDT by RummyChick
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The least I can do is send this thread back to the top...


96 posted on 07/28/2009 3:24:08 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: MindBender26

Why on earth do you care what I think? You’re creeping me out with the PM and the nagging when I don’t answer you.

I bing’d “natural born citizen definition” and found a whole slew of new websites that say just about anyone is “natural born.”

So I guess you win. Please leave me alone.


97 posted on 07/28/2009 3:30:39 PM PDT by TheOldLady (0bama -- Beloved of the Morningstar)
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To: DYngbld

I was ALSO an enlisted type. Not officer.

Had the option, but did not intend to stay in the service.

I have great respect for our military, both enlisted and officers. For 20 years I operated a Navy MARS radio station from my home and handled health & welfare traffic for Navy and Marine Corp.

At 15 year, I received a certificate from a Rear Admiral thanking me. I have kept that certificate.


98 posted on 07/28/2009 3:54:57 PM PDT by Texas Fossil (The last time I looked, this is still Texas where I live.)
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To: MindBender26

It says no such thing. Where are you getting this bogus information? Please post a link so I can see who is spreading this crap.

That title is as follows:

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;

ETC.


99 posted on 07/28/2009 4:37:43 PM PDT by RummyChick
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To: concerned about politics
IF.... Oboma was born in Hawaii in 1955, Hawaii was not a U.S. state at the time. They didn't gain statehood until 1959. IF....he was born before Hawaii got U.S. statehood. He was, if fact, born on foreign soil under a foreign government. Just a thought.

I'm sorry but let's get things right. Hawaii was a US territory before it became a state, just like the other 49 states were. Puerto Rico is still a Territory and the people born there are US citizens, that is why the BS about Sotomayor parents being "immigrants" is just that, BS. Anyone born in Hawaii in 1955 would be a US citizen. Besides that Bozo was supposedly born in 1961.

Don't make sh** up or at least check things out. We don't need lies flying around. The real issue is enough. No long form BS shown makes Bozo a suspicious character indeed.

100 posted on 07/28/2009 4:44:17 PM PDT by calex59 (I, me, myself, am actually Jim Thompson)
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