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Lawyer who challenged Obama: Ineligibility could prove costly
theobamafile.com ^

Posted on 02/25/2010 7:44:15 AM PST by capacommie

This Is Completely Uncharted Territory


Bob Unruh says an attorney whose legal brief in a case challenging Barack Obama's eligibility revealed a Supreme Court can remove an ineligible chief executive now has released an analysis confirming that if Obama isn't eligible, he could be charged under a number of felony statutes.

And that's just on the federal level; any state charges would be in addition, as would charges against individuals who may have helped him in the commission of any of the acts, according to Gary Kreep of the United States Justice Foundation (USJF).

Kreep has been involved in several of the cases that have raised challenges to Obama's occupancy of the Oval Office, including two in California.  One is on appeal in the state court system and names California Secretary of State Debra Bowen as defendant.  The other, in the federal court system, is on appeal before the 9th U.S. Circuit Court of Appeals.

Both make claims on behalf of individuals and political candidates in California over Obama's presence on the 2008 election ballot.

North Dakota Gov. Thomas Moodie, removed from office when the state Supreme Court found him ineligible

Kreep's legal research revealed two precedents he believes would be applicable in the Obama case.  In one, state officials arbitrarily removed a candidate from an election ballot because it was not proven the candidate was qualified for office.  In another, the North Dakota Supreme Court removed the sitting governor from office when it was documented he was not eligible under the state's requirements.

Now Kreep has released an analysis of the federal laws he believes could be applied should Obama ultimately be shown to be ineligible.

"If he is not eligible, he could be charged not only under with these crimes, but potentially with crimes in a number of states where he falsely represented that he was qualified to run, as well as people who helped him."

Further, there could be any number of challenges to virtually anything he did as president: his nominations, his executive orders and his signing of legislation.

"This is completely uncharted territory.  It could all be challenged as invalid.  There has to be a sitting president for [actions] to be valid.  If he's not qualified, if he's not the president, it isn't valid."

USJF staff attorney Chris Tucker cites the statutes that could apply here (cursor down) . . .
http://www.wnd.com/index.php?fa=PAGE.view&pageId=126137


TOPICS: Government
KEYWORDS: birthcertificate; certifigate; garykreep; kreep; naturalborncitizen; obama; usancgldslvr
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To: Dudoight

“We need to leave this alone and work on crippling ‘O’s agenda”

Go to hell!!!


121 posted on 02/25/2010 5:15:30 PM PST by dalereed
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To: Kenny Bunk
He may be the "de facto" POTUS as of now. But if he were ever determined to have not meet the Constitutional requirements from the get go, he would then cease to be even a de facato POTUS and be by definition a usurper at that point going forward. I would contend that someone can not be both a "de facto" POTUS and a (legally determined to be) usurper simultaneously.
122 posted on 02/25/2010 5:22:51 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: lucysmom
Question: If Arthur's eligibility was questioned at the time, why wasn't the Constitutional meaning of Natural Born Citizen defined by law then?

One could be born an Irishman, and still be born in the US, of parents who were US citizens. Since Arthur's mother was born in the US, and thus a citizen, and his father was a citizen by the time he became President, no one thought to ask *when* his father became a citizen. As it turned out it was 14 years or so after Chester's birth.

Being an Irishman can be just a state of mind. Lots of Irishmen fought for the Union, and for the Confederacy. Their grandchildren often still thought of themselves as Irish. (I had an Uncle, by marriage, like that He was James, his brother was Patrick, they went to St. Patrick's church) He would have been born around 1910 or so, but it wasn't in Ireland, but rather in Nebraska, and I don't think his father's birth was either. But he could turn on that brogue at will.

I once knew a guy, a least third generation US citizen, that spoke with a German accent. Dude looked like slightly taller and think Hitler. He was President of the campus Young Americans For Freedom. The father of my doctor, was a south Texas Rancher, who would not speak English in his home, although outside it, he could speak it just fine.)

Being Natural Born doesn't completely guarantee one would not have sympathies for a foreign nation or people, but making that a requirement for eligibility to the office of President was about the best they could do.

123 posted on 02/25/2010 5:23:57 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: lucysmom
Obama was up front about his father being from Kenya and his own dual citizenship at birth, so no fraud there.

Except when he certified himself as eligible. And when the DNC did the same after their convention.

124 posted on 02/25/2010 5:25:50 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: rxsid
facato = facto

lol

125 posted on 02/25/2010 5:26:40 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: parsifal
So, yeah, Obama loves Birthers until the 2012 elction and then he’ll lay the long form on them IMHO.

You think it will say his father was Frank M. Davis, or maybe Malcom X, or maybe just "unknown"?

If so, there's that fraud problem again. Then the people will toss him out on his big ears, for lying to them.

126 posted on 02/25/2010 5:27:39 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato
"Being Natural Born doesn't completely guarantee one would not have sympathies for a foreign nation or people, but making that a requirement for eligibility to the office of President was about the best they could do. "

That's exactly correct. It's not a 100% guarantee, but compared with someone born with foreign citizenship, or influenced by a foreign national parent(s) it does increase the chances of not having divided loyalties, owed to a foreign state.

127 posted on 02/25/2010 5:30:11 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: El Gato

I think it will say Barack Hussein Obama. That don’t mean he is the baby daddy, but that is what it will say. But I just suspect it is Frank Davis.

parsy, who needs to look at some photos of all three


128 posted on 02/25/2010 5:31:33 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: lucysmom
According to that line of thought, neither was Chester Arthur the 21st president.

He wasn't. The difference being, the proof was not discovered until just a couple of years ago. Obama has admited the facts which disqualify him. But the Courts didn't give a Rat's Ash, and the People were distracted by using "native born" of "born a citizen", pretending that those were the Constitution's eligibility requirement.

129 posted on 02/25/2010 5:37:23 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: lucysmom
I don't know about right, it does make it precedent.

People get away with violating the law all the time, often not ever being "found out" and charged, let alone convicted. Doesn't make the law invalid or negated. It means they got away with violating it. Only if a Court decides that what they did was not a violation of the law, as opposed to a jury finding that they did not do it, does it become a legal precident.

130 posted on 02/25/2010 5:40:18 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Kenny Bunk
Once declared ineligible, and the decision upheld by the Supreme Court, he would no longer be de Facto POTUS. He'd be, for legal purposes, a usurper. Someone not eligible to hold the office he occuppies. Lots of folks, both in and out of government, would insure that he left. Of his own free well, or doing the perp walk. His choice. Biden would become President, and would be defeated if he ran for re-election, much worse than Gerald Ford was in 1976, as would any other 'Rat tainted by belonging to the party which ran and elected an ineligible cannidate. Some RINOs too I imagine, would fall in their primaries. We might end up with 4 parties, or maybe more.

But the Constitution doesn't even recognize parties, so that is a secondary concern. The country has survived the break up and realighment of major parities in the past, it can do so again.

131 posted on 02/25/2010 5:51:29 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: OneWingedShark
Something tells me that uncovering a forgery made with all the official equipment would be more difficult.

Not so much. The original document is both typed and hand written. Putting on those handwritten parts, in a manner so as to be undetectable when compared with contemporary versions of the same signatures, could prove more than problematic. IOW, just cutting and pasting images is not going to do it, nor is forging those signatures. Even having a machine write them based on "tracing" contemporary versions of the signatures, would probably be detecable.

There would be other records that would be subject to 'discovery', beyong the original BC.

132 posted on 02/25/2010 5:55:18 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: parsifal
I think it will say Barack Hussein Obama

That's the only "safe" option. But it also makes him not a Natural Born Citizen, since Brack Hussein Obama was a visiting foreign student, not even a permanent resident alien, let alone a citizen of any sort.

133 posted on 02/25/2010 5:56:56 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: parsifal

“Obama loves Birthers until the 2012 elction and then he’ll lay the long form on them IMHO.”

Does it entirely escape you that such behavior would be unpresidential, not to mention childish?

Sure, I believe it’s in him, but do you?


134 posted on 02/25/2010 6:00:45 PM PST by reasonisfaith (Hey you noble leftists. If what you are doing is worth anything, it should be worth saying out loud.)
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To: reasonisfaith

Of course. But don’t forget “Operation Albatross.”

parsy, who knows.....


135 posted on 02/25/2010 6:06:29 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: El Gato

My feline FRiend —

You’re probably right. Most people didn’t know who bin Laden was then, and Slick Willy cared more about popularity and the ladies than about the country.

The problem, as I see it, is that there is no easy way out of this mess. We have an evil man, probably an imposter, in the White House. Removing him by any means other than an election defeat will hurt my country. There are so many ways it could go down, and none of them good.

In these internationally perilous times, we need grown-ups in charge, all eyes on the ball. I fear what might happen should a full-fledged constitutional crisis erupt. Again, I lived through Watergate, and those were simpler times, believe it or not. And it was awful.

I don’t want race riots, political chaos, terror from abroad. But I do want the truth, and I want those awful people held to account.

May the good Lord guide us.


136 posted on 02/25/2010 6:56:52 PM PST by Jedidah (Character, courage, common sense are more important than issues.)
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To: Dudoight; capacommie; All
"Notice how the darn health care disreform never seems to go away? It won't. They will push it through with 51 votes. Many of them don't care about their political futures. This is the progressive, socialist golden opportunity and they won't let it pass them by. They've been dreaming of this type of control for generations. Some have already thrown in the towel before the elections. Even Barry himself say's he may be a 1 termer. They want their ideology past, even at the expense of their careers."

Proof of this is starting to emerge from the shadows to mainstream.

Exclusive: What happens next in health care
"After a brief period of consultation following the White House health reform summit, congressional Democrats plan to begin making the case next week for a massive, Democrats-only health care plan, party strategists told POLITICO.

A Democratic official said the six-hour summit was expected to “give a face to gridlock, in the form of House and Senate Republicans.”

Democrats plan to begin rhetorical, and perhaps legislative, steps toward the Democrats-only, or reconciliation, process early next week, the strategists said."

and here

Despite Obama's Threat to Ditch Bipartisan Health Talks, Lawmakers Remain Divided
"Obama added that if voters are unhappy with results, then "that's what elections are for."

They really don't care the consequences to the damage they are doing to the country. Again, besides protecting the Constitution, THIS is another reason why the eligibility issue is so important. All this crap can be stopped in it's tracks when he's found to be a usurper.

137 posted on 02/25/2010 6:58:11 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: El Gato

Nixon quit on his own because he was going to be impeached. A congressional delegation led by his fellow Republican Barry Goldwater went to the White House to deliver the news that he was finished. It was not public pressure, but political reality.

Had Gerald Ford not pardoned him, Nixon would likely have stood trial for obstruction of justice for arranging to pay off witnesses. Ford sacrificed his own political future to save the country from the continuing spectacle, and I appreciate him to this day for doing that.


138 posted on 02/25/2010 7:01:31 PM PST by Jedidah (Character, courage, common sense are more important than issues.)
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To: Jedidah
Ford sacrificed his own political future to save the country from the continuing spectacle, and I appreciate him to this day for doing that.

I believe Ford truly loved this country.

139 posted on 02/25/2010 7:03:13 PM PST by thecodont
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To: mcshot

There are more than a few on FR who are willing to lie down and let the gov drive a steam roller right over them.


140 posted on 02/25/2010 7:12:34 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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