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) . . .
And when we take control the first piece of legislation brought up and passed should be that anyone running for president must fully disclose place of birth and all records pertaining to their past such as school records health records, etc. Also the constitution should be followed and only natural born citizens should be allowed to run for president.
It's a memo from the Office of Legal Counsel to the Attorney General on justice.gov It references Clinton v. Jones, Nixon v. Fitzgerald, United States v. Nixon etc.
http://www.justice.gov/olc/sitting_president.htm
I agree. To overlook the NBC and other Constitutional requirements will have thrashed the Constitution leaving us with God only knows what - which is their plan.
Ping
Easier and better to do that through the states, because that’s where names are put on the ballot. And some states (Arizona is out front on this) are working on it already.
Agreed! This is over!
Move to issues that we can control.
IMHO America made a huge mistake. One that would probably be impossible to undue without a constitutional crisis, martail law, etc. No one would have ever thought anyone would have the audacity to actually pull off what Obama and Pelosi and the democrat party pulled off. No one could have imagined this could happen. We weren’t ready for such blatant criminal behavior. We should be ready for anything the rats could try to pull off in the future. Our party needs to step up on this one. I can’t believe they are sitting on their hands. They should not be ignoring this. Boener needs to come forward.
That would be too confusing. Some states would adopt the law, some would not. It needs to be a federal law being the president holds a federal office.
It already IS a federal law. It’s the constitution.
We are a federal system. The feds can’t tell the secretaries of state how to organize or print a ballot or how to run an election. That’s one reason why we’ve got such a messed-up federal election system, hanging chads and all that.
The states run their own elections, period. So that’s where candidates can most easily be denied a place on the ballot.
They gotta be making some money off the internet advertising on the number of hits. Nobody does this much stupid stuff for free. Do they?
parsy, who got “Gardez Loo” out of a legal book
Well then -- take a bathroom break!!!
It also discusses the problems that arise from the separation of powers issues.
A Sitting President's Amenability to Indictment and Criminal Prosecution
Obummer is the biggest plot afoot against us, Jedidah. He needs taken down and let the chips fall where they may...or maybe the p*ss pots fly where they may, a la Parsifal’s picture.
Obama is so far ahead of the Republican fools that serve as his useful idiots it's funny.....
Infiltrate, Impoverish, and Control...the agenda is succeeding spectacularly and will only accelerate regardless of 2010....
Yawl better catchup..... fast
Kind of like a tumor, which undoubtedly needs to be excized. The question is not IF but WHEN. The operation needs to be conducted to do the least possible harm to the patient.
I contend that shrinking the tumor politically before removing it is the best option, considering that the tumor is in the midst of very vital organs. We don’t want to cripple or kill the patient, just heal her.
Excuse the metaphor if it offends.
Capa, this guy could very well be a player for the other team. Not a good record.
“We need to leave this alone and work on crippling ‘O’s agenda”
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?
See post #32...
The "undo the election" thinking is the most politically naive.
Like it or not, Obama was elected president. To change that requires a very drawn out political/legal impeachment process.
“Like it or not, Obama was elected president. To change that requires a very drawn out political/legal impeachment process.
“
That’s just your opinion. Removing him due to him not being a US Citizen has never been an issue and no one knows what the requirements would be. I imagine he’d be run out on a rail.
I gotta friend in Chicago who likes the way you think,you want I should give him a call?.
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