[colorado tanker]

His orders would not have been signed by Obummer, but by officers whose authority is not in question. Plus, legally Obummer is the President unless and until he is impeached or a competent authority declares him ineligible. He was sworn in by the Chief Justice and took the Constitutional oath which means for the time being he is President.

The colonel will be throwing away what appears to be a distinguished career but will have no chance of winning or forcing the birth certificate issue.

[norton]

"His orders would not have been signed by Obummer, but by officers whose authority is not in question. Plus, legally Obummer is the President unless and until he is impeached or a competent authority declares him ineligible. He was sworn in by the Chief Justice and took the Constitutional oath which means for the time being he is President."

Military authority flows from the Constitution, through the CNC (Obie) and down to the guy who signed the orders and to the guy protesting them. The Officer Corps swears allegiance to the constitution and NOT to the CNC/president, George Washington was kind of hard line on that concept. The issue is whether or not it is, in the end, a LEGAL order, and an order initiated by an illegal authority should be pretty clearly not enforceable.

Otherwise you are correct, the guy is toast.

Note that the original article includes a statement to the effect that the order is assumed to be legal...so there!

[spookie]

We take an oath to defend the constitution against all enemies, foreign and domestic. Art II section 1 specifies the two basic criteria to be eligible for president. Natural born means both parent u.s. citizens. Obama upon birth had dual citizenship thus ineligible. The media claims he is natural born, he is not. Thus orders by the military going over seas is under the direction of the president as ultimate CinC. Therefore orders out of the country is invalid.

[Mr Rogers]

Correct. A Court-Martial will not look in any way at the President’s birth certificate. All they will care about is if the order was signed by proper authority. If so, then the LTC is guilty.

If I were on the Board, I would find him guilty and sentence him as appropriate.

[El Gato]

Plus, legally Obummer is the President unless and until he is impeached or a competent authority declares him ineligible. He was sworn in by the Chief Justice and took the Constitutional oath which means for the time being he is President.

Like an unconstitutional law which once found to be such is null and void from the day it was passed, an ineligible office holder is only de facto. Once declared ineligible, which is the point of the L/C's action, he will never have actually been President. Being sworn is just on requirement. One actually takes office, and if eligible becomes President, by the clock, not the act of taking the oath. The oath could be taken in writing, or be given by most anyone, or by no one (although a witness would be nice). The whole "inauguration" thing is tradition, not Constitutional requirement.