The judge won’t allow Obama’s Constitutional status to be addressed. That is the whole point. She said it is IRRELEVANT whether there was a valid presidential order authorizing the use of force.
And then because she said the authorization was IRRELEVANT she won’t allow any evidence about that into the proceedings. Lakin could actually have Obama’s BC in his hand, proving that Obama was not born in Hawaii and isn’t old enough to be POTUS, or anything else - and Judge Lind WOULD NOT ALLOW IT TO BE ENTERED AS EVIDENCE. She says it is irrelevant.
Take that to its logical conclusion. Brigade commanders could issue combat troops to Iran, and it wouldn’t matter whether there was a valid Presidential order authorizing it (as required for the “use of force” in SJ Res 23) or not. Brigade commanders have authority to invade other countries without authorization from the President or Congress (which delegated their authority specifically to “the President” alone for the war on terrorism).
That is why this is such an emotional issue for a lot of us. This precedent would totally undo the command structure of the military, if brigade commanders can decide, on their own, to invade a foreign country when the law only allows “the President” to do that.
“This precedent would totally undo the command structure of the military...”
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You’re really being silly. The precedent reflects perfectly what the command structure of the military has been since the founding of our Nation.
I know you’re emotional about this, but it does no good to spout nonsense. Do a little homework.