Posted on 07/16/2009 9:30:23 AM PDT by jaxon72
A federal judge this morning dismissed the suit filed here by a U.S. Army reservist who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president.
Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook's suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook’s suit is “moot” in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.
"Federal court only has authority of actual cases and controversies," Land said. "The entire action is dismissed for lack of subject matter jurisdiction."
I just finished reading this section. It applies basically to the Vice President temporarily assuming presidential duties when the President becomes physically incapable of performing his duties such as when Eisenhower had a heart attack or the when RR was wounded by an assassin.
I don’t find it logical that a man who represents that he is constitutionally qualified and then makes it clear by his behavior that he was not was elected according to the Constitution. I don’t find the proposition that a man who knowingly commits fraud in reprsenting that he was constitutionally qualified for an office he was not constitutionally qualified for is elected according to the Consititution to be either logical or coherent. I don’t appear to be the illogial one in this exchange.
Didn't it also prevent enforcement of the Twelfth Amendment? "Standing" is supposed to be granted based on legal entitlements and expectation of harm. Who is legally entitled to the benefits of the Twelfth Amendment? Who is harmed if the Twelfth Amendment is not enforced?
The Ninth Circuit played "standing" games in one of the "assault weapons ban" cases. The Court denied standing to people who could be put in prison by stating that the Second Amendment protects only Militias. That might be a reason to rule against the plaintiffs, but the threat of prison should have been sufficient to grant standing.
At this point, I wouldn’t accept as valid any document that Obama provided or that the State of Hawaii provided. He’s had plenty of time to forge a BC. We’ve seen the extent to which he’ll go to politically manipulate anyone who attempts to cross or stand up to him. So anything Hawaii provides on his behalf should be assumed to have been provided under duress.
The only acceptable outcome to me would be a SCOTUS ruling on the definition of NBC after they’ve considered his British citizenship at birth and heard independent, expert testimony on the credibility and validity of any BC documentation.
So I wish people who are chanting “Where’s the birth certificate” would wake up and realize that anything Obama provides cannot be accepted. He (or his designated agents) forged his online COLB. They’ll do it again because the stakes are higher now and this time they’ll do a better job.
I can’t agree with you whatsoever.
Does not tell us whether Obama is eligible to serve as Commander-in-Chief!
However, there was a process to address this issue. The process did not include going through the courts.
BTW I totally agree with the proposition that BHO is a Saul Alinsky trained Marxist intent on turning this country into a socialist regime. But you could also say the same is true for most elected Democrat office holders. It will not be easy dislodging BHO & Co. from power. But may I suggest we begin our efforts right here and now and recruit quality limited government conservatives to run for the House and Senate in next year’s midterm elections? It will take a lot of good old fashioned hard work including walking precincts, manning phone banks, stuffing envelopes, writing letters to the editor, wearing buttons and tee shirts, slapping on bumperstickers, putting up yard signs, networking with friends, relatives, neighbors and co-workers to bring about the change we want. There are no easy answers to this predicament. But the simple and unvarnished truth is this: The Republican Party must be rebuilt and refurbished and the Congress must be retaken in 2010. Nothing short of this will even put a dent into BHO’s radical left socialist agenda.
In the even a hypotehtical President had a debilitating stroke, but did not die and was incapable of personally resigning, this would be the avenue taken. He would not be impeached, having committed no high crime or misdemeanor, and technically would be held in office until the end of his term (barring his recovery).
Right you are! It didn’t answer the question of whether Obama is eligible to serve as Commander-in-Chief. They more-or-less answered that question for us when they revoked Major Cook’s deployment. Obama will eventually have to present proof in court though (i.e. Lightfoot vs. Bowen in Santa Ana Federal Court).
I could see a bunch of spec-4’s with two or three tours in Iraq signing up with her or the next guy recalled from inactive duty on stoploss. Maybe several majors that have their 20 years in.
The author deliberately intends to mislead in this first sentence.
Donofrio and Berg may have gotten everyone excited about their cases and unintentionally let them down when their cases were dismissed or refused, but I don’t believe they ever mislead anyone with an erroneous interpretation of circumstances/events.
Taitz repeatedly misrepresents conversations, interactions, circumstances, and outcomes/results in a delusional way. I won’t speculate on
whether or not it’s intentional on her part.
I gave her the benefit of the doubt for a long time. I’ve lost confidence in her ability to succeed because I don’t think she’s operating in reality.
I’ll be happy if she proves me wrong.
Nope:
http://www.freerepublic.com/focus/f-chat/2293530/posts
This is what I was saying yesterday. As soon as an active duty member uses this, the press spin about ‘reservists being able to refuse orders up until the last day’ falls away.
No way to spin an active duty member trying this. We’ll see what happens.
The DOD *has* to court martial this guy
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He didn’t strike. He wasn’t given the opportunity. And...He **plainly** stated that he was very willing to obey and would obey any lawful order.
He asked for clarification of his orders to assure that they were lawful. It is his duty before God to only obey **lawful** orders and to also question and clarify any that he believes may possibly be unlawful.
On what possible issue could he face court martial?
Obama is crippling our army. Let's get this straight.
No soldier should follow any usurper over a cliff. It is a simple matter for Obama to verify his natural born citizenship. He should do so immediately!
I was referring to Bobby Jindal if he ran (I was responding to someone who had mentioned him). One person on here already claimed Jindal wasn’t a citizen.
“Does not tell us whether Obama is eligible to serve as Commander-in-Chief”
I have no idea how that statement relates to my comments about Taitz.
“Anyone can produce a certified birth cerfificate issued by our state, for about $10.” ( silverleaf)
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Yes,...For a crummy $10 to $15 dollars Obama could have settled the matter completely.
It is **OBAMA** who is crippling the military and sowing doubt by refusing to provide paperwork that his secretary could obtain with a 1 minute phone call.
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