If so, then they have abdicated their duties to 'Check and Balance' the Executive Branch and Obama under judicial review.
Maybe I’m just too naive, but I can’t imagine anybody doing this unless they were being threatened.
Then again, there are a lot of things I can’t imagine, that people have been capable of. It just feels so much more like betrayal when it’s done by the people who know how to talk as if they’re good guys.
Judge Lind took judicial notice of Congress certifying Obama as the electoral winner. Do you know if Lakin’s counsel has asked that that be removed because the certification was not lawfully done? Without that being lawfully done, Obama’s authority HAS been obstructed, specifically by Kerchner’s court case - so Obama would not fit the definition of a de facto officer and that argument would have to be taken out of consideration.
It would also mean that it can’t be a political question because Congress can’t impeach a president who has never even been lawfully declared the winner of the electoral vote. Actually, a de facto president couldn’t even be impeached because they were never actually the POTUS. What is the procedure to get rid of a de facto POTUS, since impeachment isn’t possible?
That screws up almost the entire decision by Lind. Not that she really cares. Sigh.