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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: Tex-Con-Man
Like it or not, Obama was elected president. To change that requires a very drawn out political/legal impeachment process.

Not if he is not a natural born citizen and never qualified to sit in the Oval Office to begin with.

41 posted on 02/25/2010 9:55:45 AM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: CodeToad
"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?"

Apparently not.
42 posted on 02/25/2010 9:56:29 AM PST by EnderWiggins
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To: LucyT; pissant; ExTexasRedhead; BP2; Candor; patriot08; SatinDoll; george76; Beckwith; Red Steel; ..

Ping!!!


43 posted on 02/25/2010 9:59:18 AM PST by justiceseeker93
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To: Uncle Chip; CodeToad
Not if he is not a natural born citizen and never qualified to sit in the Oval Office to begin with.

Fine...let's entertain this political fantasy.

A birther lawyer eventually finds a sympathetic judge and lawyers argue and voila...Obama is not eligible. You now have a judgement.

Do you honestly believe that the Legislative and Executive branches of the government will allow the Judicial branch to decide who will be president?

My guess is the Executive branch would dare them to try to enforce the judgement, while the two main parties in the Legislative branch would unite in telling the Judicial branch that it is exceeding it's authority.

And if you would follow the link I provided you will learn that much of this is NOT new territory.

44 posted on 02/25/2010 10:13:25 AM PST by Tex-Con-Man
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To: screaminsunshine
It would be better to get ahold of proof and blackmail him?

What makes you think that isn't happening right now???

45 posted on 02/25/2010 10:21:00 AM PST by null and void (We are now in day 399 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Tex-Con-Man
Do you honestly believe that the Legislative and Executive branches of the government will allow the Judicial branch to decide who will be president?

Do you think that Article II of the Constitution should be enforced????

46 posted on 02/25/2010 10:22:23 AM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Dudoight; capacommie
"Right now this is a dead horse.

IF he was not born a US citizen, it will eventually come out years from now.

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

This isn't an either or situation. His eligibility can be dealt with along with his agenda.

His precedent must not be allowed to stand because it's believed the issue isn't politically correct to challenge.

Don't forget, it took over 2 years before Nixon resigned over the cover-up (& not necessarily because of the crime itself).

If Barry were to be found to be a usurper, not only would that virtually instantly stop all of his crazy agenda, but it would also severely damage the (D) "brand" with the blue dogs and the independents for a very long time.
As fallout, Pelosi would have issues of her own because she certified on DNC election records that Barry was an NBC and thus Constitutionally eligible. There would be others as well that would be seriously damaged by this.

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.

That is why, in addition to protecting the Constitution & the republic, the eligibility issue matters.
I'll leave with this...

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

 

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
http://fightthesmears.com/articles/5/birthcertificate.html

 

It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born).
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!


http://www.jeffersonsrebels.blogspot.com

 

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate based on the word of 1 relative. That is how a foreign born baby could get a HI BC on record, which in turn generates the "birth announcements" in the newspapers

Don't let his precedent stand.

47 posted on 02/25/2010 10:24:59 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Tex-Con-Man

“My guess is the Executive branch would dare them to try to enforce the judgement”

You are forgetting the most important group; We the People with our military. Just let a foreign body occupy the Whitehouse and see if the military doesn’t arrest and detain him for prosecution. Should they fail, we march on DC.

So, if you think the government can be complicit and allow him to stay, you’re dreaming.


48 posted on 02/25/2010 10:25:08 AM PST by CodeToad
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To: EnderWiggins

“Apparently not.”

So, far. What are you, a quitter?


49 posted on 02/25/2010 10:25:44 AM PST by CodeToad
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To: Tex-Con-Man

Don’t you think that those in all branches — Legislative, Executive and Judicial — have a duty to see that Article II of the Constitution is abided by???


50 posted on 02/25/2010 10:25:49 AM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: CodeToad

Just making that observation that, based on the success rate of the 100 or so cases that have gone in front of judges, one thing it is apparently not is “easy.”


51 posted on 02/25/2010 10:28:38 AM PST by EnderWiggins
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To: Uncle Chip
Do you honestly believe that the Legislative and Executive branches of the government will allow the Judicial branch to decide who will be president?

Do you think that Article II of the Constitution should be enforced????

Since you decided to answer my question with a question, I will see your question and raise you another question...

Which one is your favorite branch of government, and which one should decide this issue? (Careful...it might be a trick question.)

52 posted on 02/25/2010 10:31:03 AM PST by Tex-Con-Man
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To: Vaduz

Who got da goods?


53 posted on 02/25/2010 10:33:12 AM PST by screaminsunshine
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To: screaminsunshine

Who indeed?


54 posted on 02/25/2010 10:34:02 AM PST by null and void (We are now in day 399 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Tex-Con-Man

They all have their Constitutional duties and should do them.


55 posted on 02/25/2010 10:34:34 AM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: capacommie; Nachum; jesseam; freekitty; Foolsgold; oswegodeee; flat; unkus; ZULU; exit82; ...

Please God make this a reality to protect our future as a free nation and a free people.


56 posted on 02/25/2010 10:35:01 AM PST by ExTexasRedhead (Clean the RAT/RINO Sewer in 2010 and 2012)
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To: screaminsunshine; Fred Nerks; null and void; rxsid; stockpirate; george76; PhilDragoo; Candor7; ...

ping


57 posted on 02/25/2010 10:35:15 AM PST by null and void (We are now in day 399 of our national holiday from reality. - 0bama really isn't one of US.)
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To: EnderWiggins

“one thing it is apparently not is “easy.””

Nothing in the federal court system is ever easy. Many times it takes up to a year just to get a court date.


58 posted on 02/25/2010 10:36:37 AM PST by CodeToad
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To: Jedidah; screaminsunshine
"If we can flip Congress in November, we can politically emasculate him, let the Democrats dump him in 2012, then let history disgrace him."

Politically, that's a great strategy.

But what about our Constitution? If he's not exposed as a usurper prior to being voted out, then the precedent of a President being born the subject to a foreign crown will be set.

59 posted on 02/25/2010 10:36:59 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Dudoight
Yeah, we could do the logical thing; or, we could run in circles like our hair was on fire hurling semi-choherent insults at everyone who didn't agree with us.

Let's guess which way this thread goes.

60 posted on 02/25/2010 10:37:17 AM PST by Mr. Lucky
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