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President's lawyers say eligibility question over
WND ^
| 9/15/09
| Bob Unruh
Posted on 09/15/2009 7:45:03 PM PDT by pissant
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To: El Gato
Quick question. Can the defendants object to or appeal the judges decision should he deny the MTD and by doing so, delay the commencement of discovery ? The defense has everything to gain from creating unnecessary (yet legally based) delays. Judge or other parties could get sick, be involved in a scandal, discover a conflict, etc...actually the possibilities are endless....just curious as to your take on the defendants right to an appeal. Thx !
181
posted on
09/16/2009 8:09:38 AM PDT
by
rocco55
To: All
It makes me sick how much money he (Obama) is wasting in our court system by not releasing his birth certificate.
From a guy who wants to cut waste and excess spending, here’s something he could personally do to help.
To: SeaHawkFan
I'll need a citation for that. My understanding is that the Commander in Chief is the 'highest' ranking officer in the armed forces. (There is a protocol for all those salutes he receives.) I doubt if the President would be subject to the Uniform Code of Military Justice because, quite frankly, he outranks the Courts-Martial. In fact (see article 36) the President may even be allowed to prescribe uniform rules to military legal processions. The President is only directly beholden to the People, the Legislature, and the Supreme Court. As a civilian impersonating a military officer, the UCMJ also would not apply, only the U.S. CODE.
183
posted on
09/16/2009 8:53:34 AM PDT
by
so_real
( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
To: plain talk
The only remedy is impeachment IMO which would never happen with a dem congress. Doesnt matter. The American people deserve the facts - whatever they are. I guarantee that if Obama were shown to be ineligible a large segment of the public would cause the dems major problems. Obama would likely survive but the dems would take a major hit. I wrote a posting last week about the end game if it's shown that Obama is ineligible to be POTUS.
I also don't believe the courts will actually remove Obama from office. But, if the facts don't support him, the backlash will be huge.
The Democrats would never allow this Congress to even consider impeachment. And would give the Republicans a huge opening: by pledging to remove Obama from office, there would be a Congressional landslide in 2010.
Yes, there's always going to be the 20% on the left that believe the end justifies the means. But, I think that at least half of the Democrats would be absolutely disgusted if Obama turns out to be ineligible, because they would realize the subterfuge that was necessary to elect him.
184
posted on
09/16/2009 10:59:50 AM PDT
by
justlurking
(The only remedy for a bad guy with a gun is a good guy with a gun.)
To: so_real
Sounds like "panic mode" has ensued a bit. The statement is a side-long admission that they cannot argue the case on its merits, or lack thereof. Instead they are fighting the proceedings exclusively on a point of order. There's an old lawyer's aphorism:
"If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table."
I think we are at the third stage.
185
posted on
09/16/2009 11:02:54 AM PDT
by
justlurking
(The only remedy for a bad guy with a gun is a good guy with a gun.)
To: so_real
My understanding is that the Commander in Chief is the ‘highest’ ranking officer in the armed forces.
***
Yeah - but there is such a thing as fraudulent enlistment in the armed forces ...
Servicemen found to have enlisted when they were underage can be discharged under the fraudulent enlistment clause - they did not qualify in the first place ...
Maybe the same for Obama ???
186
posted on
09/16/2009 12:20:53 PM PDT
by
Lmo56
To: Lmo56
187
posted on
09/16/2009 1:02:36 PM PDT
by
so_real
( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
To: El Gato
You didn’t state any enforcement mechanisms therefore you have stated nothing really. In a practical sense impeachment is only legal remedy.
To: so_real
The Commander in Chief is a CIVILIAN, not a military officer. That is the way it was set up from the get-go. We have CIVILIAN control over our armed forces. Unlike where the Prince of Wales is also Colonel-in-Chief of a regiment over there and wears a uniform, here there is no such thing.
189
posted on
09/16/2009 10:18:41 PM PDT
by
dcwusmc
(We need to make government so small that it can be drowned in a bathtub.)
To: sjeann; emmyloukay
interesting and desperate
190
posted on
09/17/2009 12:19:48 AM PDT
by
Bellflower
(If you are left DO NOT take the mark of the beast and be damned forever.)
To: justlurking
If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table.
I like that. I hope the next step in the progression after pounding the table is to go pound sand!
191
posted on
09/17/2009 7:24:05 AM PDT
by
so_real
( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
To: dcwusmc
Agreed. The Commander in Chief is a civilian without question. However, I believe in the eyes of the Supreme Law, he is titled a "civilian officer", along with the Secretary of War et al, vis-a-vis
United States v. Burns (1870). Perhaps I'm overreaching, but I do think the U.S. CODE pertaining to civilian impersonation of an officer applies as the CiC is a civilian officer and beyond that the highest ranking officer in the entire military body.
192
posted on
09/17/2009 7:53:19 AM PDT
by
so_real
( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
To: so_real
Sorry, I think you ARE overreaching here. The President (or in this case, the Pres__ent) has authority over the military ONLY AS the civilian that he is. He is not a military officer in any conceivable way, shape or form. He is merely the apex of the pyramid, but it is only one hat that he wears.
In the sense you’re intimating, no, the US Codes do NOT apply to the POTUS or even the pretender-in-chief.
193
posted on
09/17/2009 1:09:00 PM PDT
by
dcwusmc
(We need to make government so small that it can be drowned in a bathtub.)
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