Posted on 02/25/2010 7:44:15 AM PST by capacommie
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) . . .
If Arizona passes a bill requiring ALL CANDIDATES to submit the same forms documentation and subjects all documentation to the same scrutiny, that isn't nuts, its fair. What's nuts is singling out one guy and insisting he has to show more ID than anyone else in the same circumstances while claiming that the demand is reasonable.
Maybe there were no questions because Arthur's status as a Natural Born Citizen was accepted as fact due to his birth on US soil and his mother's citizenship.
The other very real possibility is that you're wrong and Obama is a Natural Born Citizen.
What's right, and what's going to happen may coincide, and then again, they may not.
yes he would. He would be the ineligible, yet de facto POTUS. But he would still .... still ... have to be removed by Congress.
Remember your Dickens,
Because it was unnecessary since the definition had been well known in common law as the Court in Minor versus Happersett noted when it quoted the definition again as the Court in The Venus case of 1814 had quoted it:
"The natives, or natural-born citizens, are those born in the country, of parents who are citizens."
And that definition has never changed.
Do you really think the O administration and the others behind the curtain wont stop this pursuit? We don’t stand a chance against the squirrely shenanigans they can pull.
Thanks.
We don’t stand a chance against those that control this Manchurian creation.
Gosh, Uncle Chip, that's just way too simple.
Why don't we do this, instead? Let's have the Democrats nominate a guy to run for POTUS who doesn't meet that basic specification. Then, let's have the Republicans overlook it during a two-year campaign, so the American voting public can vote for the guy, after the election officials in 50 states overlook it to certify him on their official ballots. Then let's have The Electoral College overlook it and vote him into office, so the Chief Justice of the SCOTUS can overlook it and swear him in. Twice.
Now we can have four years of preoccupation with the President's eligibility while he leads the country to hell in a handbasket! What jolly fun! Gee, I wonder if there is any concrete plan taking shape somewhere to hobble the Kenyan Kommie if the other party sweeps into Congressional power in 2010, as they assure us they are going to do.
But why worry about that? Instead, millions of us will go to Washington, DC, stand in front of the White House and scream "GOTCHA, YOU BASTARD," at the top of our lungs. Whereupon, the ineligible sitting President will pack whatever he can steal from the mansion, and slip out the back door, leaving a resignation note on the hall table. Yeah, that'll work.
There is no happy ending to this national disgrace. In the meantime, we have a country to run, and our party has no plan to do so, and no leader to make one, and carry it out.
“Wouldn’t it be just as easy to dsimiss him as President, jail him, and leave the DNC is shambles for years to come, maybe even totally destroy what’s left of the DNC?”
If it were so easy....it should have already been accomplished.
Obama looked very imcompentent on T.V. yesterday. I think we need to attack him and attack him on every front with everything we have. I dont want to attack him about his big ears. I dont want to attack him about things that lack substance. I want to attack him on policy, credibility. This B.C. undermines both. It proves he is morally bankrupt.
I think the Republicans have plans for how to address this problem when they take back the House and Senate. As they showed yesterday, they came in and made the Democrats look like bunch of idiots, simply because they were prepared for the ambush.
Show me.
Some birther's argue that "natural born citizen" and "native born citizen" are not the same, now you present evidence that indicate they are.
Some birthers claim that citizenship naturally follows that of the father, passed on in the sperm, if you will - do you offer the above quote as evidence that the baby inherits citizenship from both the egg and the sperm?
The quote does not say "both parents" nor does it say "parents, one of which is a citizen", it is simply plural as "citizens" and "natives" are plural. We might assume that because natives and citizens are a broad class of people, more than one set of parents gave life to them, and that among those pairs of parents were some of mixed citizenship.
“If it were so easy....it should have already been accomplished.”
You obviously have no experience in the federal court system.
The term "native-born" -- I don't know.
With regard to your other question, until the Cable Act of 1922, and citizenship laws of the 1930s a woman who married a man acquired his citizenship status upon marriage, not vice versa. So yes, the citizenship of the father was automatically the citizenship of the child. The citizenship of the mother was almost irrelevant because that citizenship followed that of her husband as well.
So it doesn't have to explicitly say "both parents". Anyone familiar with the law throughout American history would know that the father's citizenship was all that was important, because it was not possible for the mother to have a citizenship different from her husband.
Maybe there were no questions because Arthur's status as a Natural Born Citizen was accepted as fact due to his birth on US soil and his mother's citizenship.
--------------------------
Maybe that's what they thought. Maybe there was no indication that his father was a foreign national. Who knows. You'd have to ask the folks around then what they thought...or what they didn't think because of what they didn't know.
If he wasn't there, he wouldn't be leading the country to hell in a handbasket. What empowers him daily is the fact that he knows he shouldn't be there and yet he is and no one can do anything about it. So then illegal does as illegal is.
The talk shows around the country are NOT preoccupied with the eligibility issue, and yet he still leads the country to hell in a handbasket. How is that??? Maybe they should switch their preoccupation.
I'll bet those Republicans who defied and talked back to and embarrassed Obama yesterday at Blair House know that he is occupying the office illegally. Though they can't come right out and say it, it showed in their disdain for his lying deceitful usurping self.
Anchor baby's are native born by statue (i.e. not naturally, but because some legislatures decided that was a good idea at the time).
An anchor baby can actually have triple citizenship at birth. US citizenship by being born in country, foreign citizenship from country B inherited from the father and foreign citizenship from country C inherited from the mother. Furthermore, the child will not only have been born to foreigners, but to at least one foreigner who broke our immigration laws on top of it.
Barry was born a subject of the crown of her Majesty the Queen of England.
I am just speculating. What do you want me to show you? Kind of a weird response really. It will play out in the future. I am trying to be hopeful. I am hoping there will be Tea Party candidates that will demand that this will be investigated, and not sit on their hands. However, right now with the Democrats controlling the entire Federal Gov. Obama can do nearly anything he wants.
I am very frustrated. We have been dealt a very bad hand and I have 0 confidence in the way the Republicans are playing it right now.
I was saying to Uncle Chip that the winners in 2010 had better show up in DC with good plans and be ready to hit the ground running.
As far as "investigating eligibility," goes, our best bet seems to be the Writs of Quo Warranto now being pursued by Donofrio and Apuzzo. If (and when) they are granted, they will not lead to automatic removal of Obama,(he would still have to be Impeached and Convicted) but they will serve the purpose of derailing his agenda.
Bottom line: Chaos reigns and the Left, including Obama, loves it that way. We need the GOP to plan and lead our way out of it, not just take a seat.
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