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To: Mr Rogers
“But no Court is going to overturn the reasoning of WKA and try to insist that Congress throw Obama out of office. Won’t happen. Not unless he was born outside of Hawaii.

“I cannot stop folks from giving cash to birther cases, but the money would be better spent going to conservative candidates, and in educating people what America is really about.”

WKA only concerned whether he was a citizen. SCOTUS, citing Minor explicitly said it would not reach whether he was NBC and may yet do so with the right case. An obviously flawed IN appeals court decision has no precedent, except in IN.

As you point out, if Obama was not born in HI he would clearly not be NBC. To me (and to LTC Lakin) his refusal to release his HI vital records is a virtual admission that he is concealing ineligibility or an investigative path that could lead to ineligibility that his lawyers might not be able to thwart.

Pressing for discovery of Obama’s HI vital records is the primary justification for my personal contributions to birther lawsuits.

In my personal view it would be unpatriotic for me to stand by and let a likely usurper refuse to submit his prime original eligibility documents. I also contribute to efforts to vote him and progressives out of office. Why not do both?

Our founders permitted the quo warranto process (a delegation of Congress’ power by Congress to the DC courts) to allow a sitting president to be challenged, as affirmed by Judge Carter and Judge Lamberth.

I give money that I hope will lead to a party with standing being able to place the burden of proof on Obama to prove his eligibility using the constitutional quo warranto process. It is my expectation that LTC Lakin's legal strategy will lead to a quo warranto claim.

BTW, I have an honorable DD-214. Thanks for your service.

307 posted on 05/02/2010 9:13:09 AM PDT by Seizethecarp
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To: Seizethecarp

“WKA only concerned whether he was a citizen.”

Read the decision. They argue WKA is a citizen, not just because of the 14th amendment, but because he would have been a natural born subject in old England, and that bit of common law teaches us what natural born citizen meant in the Constitution.

The Indiana decision is obviously binding only on Indiana. However, the LOGIC they use is mainstream, and likely to be repeated anywhere.

Try to get Utah to adopt via the AG or ballot the definition of NBC as requiring 2 citizen parents. It won’t happen. Why? 1) The large majority of lawyers know it would be overturned, and 2) the Utah courts would follow Indiana’s lead.

You obviously are free to give $$ where you think it best spent. Some people would argue the money I’ve given JD Hayworth in AZ is wasted. Oh well. We all have to pick our fights and give our time and money where we believe it is right.

I got involved on birther threads for 2 reasons:

1 - I thought Lakin will have his butt handed to him, and said so. Within minutes, I was attacked as a traitorous troll who hates America. That made it personal.

2 - Reading the cases has been enlightening. I strongly disagree with how the courts have ruled in many areas, but it doesn’t help anyone to ignore what they have ruled. When someone says ‘Everyone KNOWS the Founder’s relied on Vattel’s definition’, they ignore both the facts and the case history - and that is a good way to lose future cases.


313 posted on 05/02/2010 9:30:49 AM PDT by Mr Rogers
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