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To: Jacksonian Grouch
OK, I kinda am seeing your point so I thought I'd just post for clarity sake what exactly he petitoned the court for, IOW, his prayer for relief.


WHEREFORE, Plaintiff prays that this Court will enter a temporary restraining order without hearing, waiving all bonds or other financial requirements, and set this matter for hearing on Preliminary Injunction approximately ten days (not counting weekends) from the entry of this order. Specifically, Plaintiff prays that this Court

(1) recognize and respect Plaintiff’s status as a conscientious objector based solely on legitimate doubts concerning the constitutional qualifications and eligibility of the de facto President and Commander-in-Chief, Barack Hussein Obama,

(2) enjoin Defendants Colonels Robert M. Gates, Wanda L. Good and Thomas D. MacDonald from deploying Plaintiff to Afghanistan or anywhere on active duty at all until

(3) such time as the constitutional qualifications and eligibility of Barack Hussein Obama to serve as President and Commander and Chief have been established by clear and convincing evidence (which standard of proof befits a constitutional requirement, especially in light of the confusing and conflicting circumstantial evidence set forth in Exhibits B and C).

132 posted on 07/16/2009 2:27:12 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: CodeToad

good points also, and there’s no denying it’s right there, in black and white.

Considering that much of the suit stressed the legitimacy issue, could this portion of the prayer for relief be construed as an “out” which the judge availed himself of? Because given the tenor of subcase (3), the spirit of the lawsuit strikes me as being one of challenging the NCA’s qualifications. The restraining order on deploying to a combat theater was but a part of the order.

JG


166 posted on 07/16/2009 5:12:59 PM PDT by Jacksonian Grouch (God has granted us Freedom; we owe Him our courage in return)
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