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Thinking the Legally "Unthinkable" in the KSM Trial
intellectualconservative.com ^ | 12/15/09 | Jack Kemp

Posted on 12/15/2009 7:28:46 AM PST by circumbendibus

If Khalid Shaikh Mohammed is clever he will turn his trial into an Obama birth certificate circus. The New York Post has an excellent piece by attorney Michael Schwartz, pointing out the difficulty of predicting a jury's verdict in the pending Khalid Shaikh Mohammed trial in New York City. His article is entitled "Why the gov't could lose this case." But there is a complex, two-part possibility that Attorney Schwartz did not consider.

KSM has said he wants to put the US government on trial and will probably bring up the Bush administration and mention waterboarding as torture in the courtroom, playing to the international media. But why would he limit himself to attacks on the last administration? KS Mohammed could well bring up the subject of Barack Obama never producing his long form birth certificate and thus claim he is not qualified to be President of the United States, thus rendering invalid his appointment of Attorney General Holder. It would throw the court into an uproar and possibly cause a Constitutional crisis, exactly what KSM wants – and the Obama administration doesn't want to see on television just before the 2010 or 2012 elections.

KSM doesn't even have to research the citizenship matter much. He could merely attain transcripts of the case attorney Orly Taitz won against the government in attempting to deploy a soldier overseas who claimed that Barack Obama wasn't a valid Commander-In-Chief. He could also use the public record of Philip Berg's testimony in his attempt to question President Obama's citizenship before the US Supreme Court.

Perhaps Khalid Shaikh Mohammed has worked out a private deal with the Obama administration to not bring this up, but he would obviously be more than willing break that deal and advance a media-based jihad where he could extend the trial for a number of months.

This brings us to the second part of this complex situation regarding a possible courtroom discussion of Obama's legal citizenship. Just as a prudent person never loans out anything they won't mind never getting back, what if Obama has figured for KSM's questioning the Obama Presidency's legal authority – and would enjoy a Constitutional crisis that throws the country into an uproar? Obama is governing as if he has one TWO-YEAR term, not four. What if the destruction of Constitutional rule and capitalism is his aim, as many a website has made a case for? That would mean Obama would relish a Constitutional crisis and might even want to use it to declare martial law.

Don't assume that Obama wants what most people want in America. If that were true, he never would have flown a 747 trailed by a jet fighter over Manhattan as if it were another 9/11 – or moved this trial to the New York federal courthouse. Why would you give the man who appointed a bunch of unaccountable, unconstitutional Czars and is involved in passing an unreadable healthcare bill in the middle of a Saturday night the benefit of the doubt?

Jack Kemp, not the politician of the same name, has been a frequent contributor to American Thinker and the T(im)Birdnow Blog. He has also been quoted in National Review Online's PhiBetaCons blog and has written for the Baltimore Jewish Times. SundialMan@aol.com


TOPICS: Editorial; Foreign Affairs; Government; War on Terror
KEYWORDS: alqaeda; alqaida; aq; birthcertificate; birthers; certifigate; eligibility; ericholder; gitmo; guantanamo; holder; islam; jihad; khalidshaikhmohammed; ksm; obama
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To: null and void

Personally, I am of the opinion BHO is a socialist secularist with Islamic roots, not a Muslim. The former is more dangerous than the latter because the former, time and time again, has shown the sort of willingness to bend their personal images to fit the desires of their audience. BHO played the good Muslim while living in Indonesia, but now he plays the part of the secularist liberal cultural Christian which constitutes his current audience.

Obama, Pelosi, and Reid aren’t working to overthrow the US and place it in the hands of the Muslims. These people care about power, not mere ideology, and there is far more power in the ideology of secularist socialism than there could ever be in Islam in the context of the modern world. These folks would rather place us under the domination of a World Socialist government than institute Shariah Law, slowly stripping away everything that makes us American and, in the long term, stripping away everything that makes us human as well.

Real power is gained by stripping away cultural contexts and organically forming new ones around the whims of the leaders, not by merely trying to fit a culture into the context of another. People tend to go along with the former and tend to show resistance to the latter.

Be careful. We are dealing with the sort of people that would play to our rightful fears of Islamism in order to unite us under their banner to stamp it out, all the while tightening their noose about the neck of our beloved freedom. BHO may have been educated in a radical Muslim environment but I’d be wary of assuming that he is anything but a secular socialist who bends to whatever image he needs to bend in order to acquire power.


61 posted on 12/15/2009 10:32:06 AM PST by MWS
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To: The Toll

Not to worry. He will be dead dead dead.

Either in the wild, or in the gas chamber.

It’s just a question of how much damage he gets to do before his end.


62 posted on 12/15/2009 10:34:59 AM PST by null and void (We are now in day 328 of our national holiday from reality. - 0bama really isn't one of US.)
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To: MWS

Well said.


63 posted on 12/15/2009 10:42:15 AM PST by null and void (We are now in day 328 of our national holiday from reality. - 0bama really isn't one of US.)
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To: circumbendibus

BOMSHAKALACKA!!!

http://atlah.org/atlahworldwide/?p=2268


64 posted on 12/15/2009 11:34:07 AM PST by danamco
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To: circumbendibus
KSM doesn't even have to research the citizenship matter much. He could merely attain transcripts of the case attorney Orly Taitz (won?) against the government in attempting to deploy a soldier overseas who claimed that Barack Obama wasn't a valid Commander-In-Chief. He could also use the public record of Philip Berg's testimony in his attempt to question President Obama's citizenship before the US Supreme Court.

If that possibility would reach the surface, that could make more damage and victims in the street than the 9/11 attack did???

65 posted on 12/15/2009 11:42:01 AM PST by danamco
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To: Genoa

Here is one novel:

http://www.usofearth.com/2011-obamas-coup-fails.php


66 posted on 12/15/2009 11:49:02 AM PST by danamco
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To: null and void
“I know of no one not firmly in the 0bama camp or with even the slightest clue how to determine authenticity of a birth certificate who even claims to have actually seen the alleged document.”

Fine.

As far as I am concerned, without a court hearing I cannot be certain that the public COLB is authentic or not.

The COLB has not been submitted for independent forensic analysis. Claims that the COLB is fake or altered are interesting but not legally meaningful out of court.

Let me be more precise. Obama’s campaign claims that they have a COLB which, if genuine, would be “self-authenticating” under the federal rules of evidence absent any probative evidence to the contrary.

Absent a court order such as a best evidence discovery order, the burden of proof is on those who challenge a self-authenticating document to prove it is invalid, not on the person who offers the self-authenticating document.

So far no court has granted standing to any plaintiff to demand discovery of the vital records behind the COLB, which is the ultimate fact issue, not whether the COLB was doctored (although that would be criminal it wouldn't make Obama ineligible).

We do have actual legal proof that HI has a birth vital record for Obama that HI was forced to disclose. The vital record only discloses Obama’s name, Barack Hussein Obama II. D’Onofrio claims that FOIA requests have further nailed down the date of the record to within a few days after Obama’s reported birth date, but that could still be due to a report of home or foreign birth by a family member.

HI has gone so far to confirm that Obama’s vital record confirms that Obama was born in HI. They do not specify whether the records were from a home birth or were amended. HI will not disclose whether the word “filed” instead of “accepted” on the public COLB means anything.

Yes, HI has refused to explicitly confirm the Obama publicly disclosed COLB, but they haven't refuted anything on it either.

We do not know yet whether Obama could actually show up in court with a self-authenticating COLB, but from what HI has been willing to say to date they have given the appearance that such a COLB could be produced, perhaps identical to the one Obama already has shown. We just can't know without a court proceeding, so Obama remains protected at this time.

67 posted on 12/15/2009 11:49:54 AM PST by Seizethecarp
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To: danamco

Thanks for your feedback. I view Rev Manning’s videos daily. I’m not sure where you are going with your last two posts to me. What are you concluding? I’m not sure I understand.


68 posted on 12/15/2009 11:53:26 AM PST by circumbendibus (Where's the Birth Certificate?)
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To: circumbendibus
He could merely attain transcripts of the case attorney Orly Taitz won against the government in attempting to deploy a soldier overseas

The case Orly Taitz won? That's a laugh riot! The case was dismissed after the Army rescinded the soldier's deployment orders. The case never went to trial, yet stands as the closest thing to a courtroom victory the birthers have enjoyed during this entire eligibility circus.

69 posted on 12/15/2009 12:06:38 PM PST by Drew68
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To: circumbendibus

Did I post you more than once???


70 posted on 12/15/2009 12:09:15 PM PST by danamco
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To: danamco
To: circumbendibus
BOMSHAKALACKA!!!

http://atlah.org/atlahworldwide/?p=2268

64 posted on Tuesday, December 15, 2009 11:34:07 AM by danamco [ Post Reply | Private Reply | To 1 | View Replies | Report Abuse]

--------------------------------------------------------------------------------

To: circumbendibus
KSM doesn't even have to research the citizenship matter much. He could merely attain transcripts of the case attorney Orly Taitz (won?) against the government in attempting to deploy a soldier overseas who claimed that Barack Obama wasn't a valid Commander-In-Chief. He could also use the public record of Philip Berg's testimony in his attempt to question President Obama's citizenship before the US Supreme Court. If that possibility would reach the surface, that could make more damage and victims in the street than the 9/11 attack did???

65 posted on Tuesday, December 15, 2009 11:42:01 AM by danamco [ Post Reply | Private Reply | To 1 | View Replies | Report Abuse]

71 posted on 12/15/2009 12:21:44 PM PST by circumbendibus (Where's the Birth Certificate?)
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To: null and void

He’s done them ALL Nully and in fact, much much more!!. Time my friends, time. Tick, Tick, Tick!! CO


72 posted on 12/15/2009 3:56:08 PM PST by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: circumbendibus

If KSM would succeed to raise Barry Soetoro’s eligibility in court, which I doubt, the possibilities of street fights could cause more blood and victims than on 9/11!!!


73 posted on 12/15/2009 6:23:32 PM PST by danamco
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To: circumbendibus; penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; ...

Thank you ... was gone all day.


74 posted on 12/15/2009 8:37:13 PM PST by STARWISE (They (LIBS-STILL) think of this WOT as Bush's war, not America's war- Richard Miniter)
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To: C210N

The irony of this, and they wanted him ( KSM ) tried in a civilian court and not a military tribunal.... I bet they wish he was being tried in a military tribunal now...


75 posted on 12/15/2009 9:02:26 PM PST by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: circumbendibus

obumpa


76 posted on 12/15/2009 9:29:30 PM PST by Dajjal (Obama is an Ericksonian NLP hypnotist.)
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To: Genoa; circumbendibus

It would be ironic or even poetic justice, if Dear Leader got exposed and bit by the terrorist and religion he is pandering to.


77 posted on 12/18/2009 4:58:18 AM PST by FreeAtlanta (There is no "O" in Transparency.)
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To: FreeAtlanta
Yes. I'll take that.

My preference is for Congress to step in and move KSM trial back to Gitmo.

78 posted on 12/18/2009 5:45:16 AM PST by circumbendibus (Where's the Birth Certificate?)
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To: circumbendibus

KSM will walk out of that courtroom a free man. That’s suits Baraq Sheik Obama just fine.


79 posted on 12/18/2009 5:51:18 AM PST by Fresh Wind ("...a whip of political correctness strangles their voice"-Vaclav Klaus on GW skeptics)
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To: Fresh Wind

I don’t think the good people of New York will go for that. They need to do more to stop this travesty from happening. Bloomberg should be impeached for allowing this.


80 posted on 12/18/2009 6:46:47 AM PST by circumbendibus (Where's the Birth Certificate?)
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