If she refuses to go and the Army goes the Court Martial route, Obama will be open for discovery no matter what you think.
No Red, he won't. Let's just take the charge of Unauthorized Absense. You have two possible defense arguments, one that says you really weren't absent, which would be impossible to argue in this case. And the other would be what's called an "affirmative defense". In other words, you stipulate that you indeed were absent, but you had a "good reason".
Now, what are those "good reasons". Well, it's fairly straight forward, and not entirely dissimilar to affirmative defenses that might be found in a civilian criminal case - things like insanity, or temporary insanity. Another is called a defense of impossibility, as in it was impossible for you to be there because you were hospitalized or incapacitated. A third might be because of duress of some kind, usually to mean the threat of immediate bodily harm by superiors in some way.
There's no way that a presiding officer is going to entertain an affirmative defense based on the eligibility of the POTUS, as such, no discovery motions are going to be granted on such a defense.
1)Barry was born to a foreign national father who had no perminant attachment to this country.
2)Bary was born with British citizenship via his father's British citizenship...no matter where he was born.
3)Assuming birth in HI, he was BORN with dual citizenship (i.e. potential for divided loyalties).
4)There is no known record of him renouncing his born with British citizenship.
5)Therefore, unless he prooves otherwise, he remains a British citizen today (& possibly a U.S. citizen. TBD).
So, she ask's the military court...does our Constitution allow for the Commander in Chief to be a British citizen or...possibly a dual citizen?
They can waive the "prima facia" short form HI colb all they want. Question is, "HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?"