Why isn't it that simple? I haven't looked at the order challenge procedural in many years but as I recall from Law School, ultimately, the officer has a right of review to the District Court.
This is the kind of case that could ultimately backfire on Obama. They ought to withdraw the order and dismiss this guy.
Seems to me his only vulnerability is his ability to front the cost of getting the evidence together and getting a decent lawyer to present his case and preserve his procedural right to get to a District Court.
A lot of this evidence is in files they managed to get orders sealing. And at one point, Orly was cooperative--is she still?
And of course there is downside risk generally if he gets this to a hearing on the merits and loses.
The fact that he has confidence in the lawyers running the show is not necessarily dispositive of issues regarding their adequacy.
“Why isn’t it that simple?”
Because Obama’s eligibility isn’t up for review. The legality of the order will be assumed unless PROOF is offered to the contrary.
You can’t just say, “This order is illegal...now let me look for a reason why.”
” . . . his only vulnerability is his ability to front the cost of getting the evidence together and getting a decent lawyer to present his case . . .”
Does Lt. Col. Lakin have a legal fund that needs our contributions?