The retired military brass are afraid that if the issue of whether Obama can “act as President” is pushed when the military leadership this corrupt, there will be a bad precedent set.
And already, the military judge has said that the Constitutional status of the President is irrelevant to combat orders. That’s a scary precedent right there. If you take that precedent to its logical conclusion, Lakin’s brigade commanders could also have ordered him to deploy for combat operations in Iran, and it would be “irrelevant” whether a valid Commander-in-Chief had ever authorized combat in Iran.
See, the whole case that the military is making is that it doesn’t MATTER whether there is a valid President who authorized combat operations in Afghanistan, because brigade commanders can give all these smaller orders that, when combined, accomplish military combat without there having to be authorization from “the President” (who is given the sole authority to “use force” in the war on terrorism).
And that is a serious, serious claim that should have the military folks saying WTH???!!
If that's the case, then why not just go through with the trial, be found guilty, and then start the appeals process? At the very least the government would be forced to show its evidence that proves that 0bama is legally qualified to serve as President.
Of course, if the government has no such proof, that will also come out at trial. And if he is still convicted, then he'd have grounds for appeal.
My reasoning is that by even starting this process, this man's military career became effectively finished anyway. If the difference of each possible outcome would be just a change in the size of the cell in which he'll serve his sentence, or the length of that sentence, then there is no good reason to give up if indeed the government has no case. Now he's essentially going on the record and saying the government was right.
I think for most of us, this should end any questions people may have had regarding 0bama's eligibility. While a different outcome would have been preferred, it just has to be accepted that he is eligible, and that it is done with.