Hearing This Week in Judicial Watch Lawsuit Challenging Hillary Clinton's Constitutional Eligibility

Marketwire ^ | 9/14/2009 | Press Release

[Velveeta]

Hearing This Week in Judicial Watch Lawsuit Challenging Hillary Clinton's Constitutional Eligibility for Secretary of State

Challenge Filed on Behalf of State Department Foreign Service Officer -- Court Hearing Set for September 16, 2009

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that a lawsuit challenging the constitutional eligibility of Hillary Clinton to be Secretary of State (Rodearmel v. Clinton, et al., (D. District of Columbia)) will be heard by a special three-judge panel of the U.S. District Court for the District of Columbia:

Date: Wednesday, September 16 Time: 9:30 AM ET Location: Courtroom 22A The E. Barrett Prettyman Federal Courthouse 333 Constitution Avenue, N.W. Washington, D.C. 20001

At issue is Hillary Clinton's constitutional ineligibility to serve as Secretary of State. Article I, section 6 of the U.S. Constitution provides:

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time."

This provision, known as the "Emoluments" or "Ineligibility" clause is an absolute prohibition and does not allow for any exceptions. The "Ineligibility Clause" is interpreted by most as designed by our Founding Fathers to protect against corruption, limit the size of government, and ensure the separation of powers among the three branches of government.

On January 29, 2009, Judicial Watch filed a lawsuit on the grounds that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State under the Ineligibility Clause. The "emoluments" or salary of the U.S. Secretary of State increased at least three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's resignation.

The Judicial Watch lawsuit is on behalf of Foreign Service Officer and State Department employee David Rodearmel. The lawsuit maintains that Mr. Rodearmel cannot serve under Secretary of State Clinton as it would force him to violate an oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States.

"Our goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as Secretary of State until 2013. We hope the court puts a stop to this attempt to do an end-run around the Constitution in the name of political expediency."

For more information on this lawsuit, see http://www.judicialwatch.org/rodearmel-v-clinton.

Contact: Jill Farrell 202-646-5188

[Velveeta]

LOL

[SunkenCiv]

On January 29, 2009, Judicial Watch filed a lawsuit on the grounds that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State under the Ineligibility Clause. The "emoluments" or salary of the U.S. Secretary of State increased at least three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's resignation.

Sing it Obama!

"Whaaat's Law Got to do, Got to do, with it..."

[Velveeta]

I don’t have a clue.
However, their scorecard for at least entertainment value, is out of the park.

[Perdogg]

I am not sure.

[trumandogz]

We must go by the Framers “Original Intent” and it was their intent that that the clause in question only apply to males who were in a Congress that voted for a pay raise for a position that they would later be appointed.

[Grampa Dave]

I’m sure that this will be as effective as all the other lawsuits brought about by the same group against the Clintoons.

[Velveeta]

And there’s this:

Valerie Jarrett quietly jets to India to meet with the Dalai Lama on Tibet

WASHINGTON—White House Senior Advisor Valerie Jarrettt, who seemed to vanish at the end of last week, was actually dispatched to India on a delicate diplomatic mission: President Obama’ tapped her to meet with the exiled Tibetan religious leader, the Dalai Lama.

Jarrettt called on the leading figure for Tibet’s autonomy from China on Sunday and Monday, along with State Department Under Secretary Maria Otero, the Obama White House new Special Coordinator for Tibetan Issues.......

http://blogs.suntimes.com/sweet/2009/09/valerie_jarrett_quietly_jets_t.html
********************

Where’s Hillary???

[Velveeta]

Okay.

Are you sure that Hillary is a woman?

[swain_forkbeard]

What I remember is that she took the lesser pay and that this political expedient has been used before.

I am not sure it has been litigated before. I think not. The COTUS is quite specific in this area, but who knows how the courts will rule?

[P-Marlowe]

She’s a figurehead anyway. She has no power in the Obama Administration and she knows it. She will be resigning before this lawsuit goes anywhere.

[SunkenCiv]

Hillary’s probably in secret talks with Ahmednutjob in Iran; Valerie Jarrett’s job is to get the Dalai Lama on board with worldwide condemnation of Israel.

[a fool in paradise]

Right but I have to wonder if all they do is run interference on these issues to keep someone else from actually being able to achieve a win.

[Jane Austen]

I agree.

[sniper63]

"who knows how the courts will rule?"

They do have that wise Latina woman now.....

[pepsionice]

I believe by early 2010....maybe Feb...she will announce her resignation and run for governor. The curious thing is who replaces her.

[freebird5850]

“I did read today that Zer0 and Bubba had lunch together. Wonder what was discussed?”
They discussed how Zero will seize ultimate control and appoint Bubba as VP.

[nikos1121]

I’m not sure I follow this.

Under Clinton the secretary of defense was a republican and I believe an elected Senator who had not completed his term.

YOU have other examples of elected officials serving on cabinet or other posts. Mitch Mcconnell? Doesn’t he apply?

[nikos1121]

George Mitchell NOT Mitch Mcconnell

[wintertime]

announced today that a lawsuit challenging the constitutional eligibility of Hillary Clinton to be Secretary of State
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So?....Why isn't Judicial Watch interested in Obama’s eligibility to be president? Where are are the law suits on **that**?

Also...I hope they will vigorously file suits demanding an investigation of Pelosi’s letters to the secretaries of 50 states requesting that Obama be placed on the ballot.

[Lurking Libertarian]

All she would have to do is accept the pay prior to the authorization of the pay increase in the Congress in which she participated.

Which in fact she did.