Judge Carter Ruling on MTD

scribd ^ | 10/29/09 | Judge Carter

[Elderberry]

Judge Carter Ruling on MTD

[lucysmom]

Judge Carter dealt with the whole issue of standing long before he mentioned the election. And the inauguration didn't factor into any of them. What the inauguration did impact was the question of redressability.

Orly maintained that she was suing Obama as an individual, not a citizen and had filed her suit before the election even though she didn't manage to serve him until August. She was attempting to time travel.

[mlo]

"I don’t have to go back and read anything."

No, wouldn't want to look at something that might prove you wrong, would you?

Well here is what I was replying to, in part...

"Isn't there an upper limit to the deception faux conservatives will be granted at FR any more, Jim? This poster is one of several who claim to be conservatives yet tout this crap ...etc...etc"

And here you are to pile on some more.

But noooo, I'm the one whining and biching at other freepers. Right.

[lucysmom]

Oops - should have been president, not citizen

[stockpirate]

Your job is posting here on FR.

[Freedom2specul8]

Bp2, who will listen? Who will care?

[Freedom2specul8]

I believe there is a rule about what not to do if someone clearly asks you to not post to them. You might want to find out what that rule is.

[Brown Deer]

Welcome to the Free Republic! I would like to recommend that you read the following threads, where you will find some very informative information. Enjoy your stay and remember the golden rule.

[Vendome]

What is your position regarding the eligibility of Obama and what your feelings about his appointments, that answer only to him?

[BP2]

Your (Drew68) job is posting here on FR.

Likely one of those new 30,000 Stimulus jobs ...

[Freedom2specul8]

LoL

[plenipotentiary]

The flaw in Judge Carters argument is here:

“..to effectively overthrow a sitting president who was popularly elected by “We the People”–over sixty-nine million of the people..”

At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.

[Fred Nerks]

http://www.theobamafile.com/ObamaCOLB.htm

http://www.theobamafile.com/_images/SunYatSen.jpg

[presently no screen name]

I'm the one whining and biching at other freepers. Right.

You've already proven it! Make that "Conservative' freepers - not the jokers that you align yourself with. There is NOTHING more to be said - Case closed.

[El Gato]

I just noticed that the oath of enlistment as quoted in the ruling is *wrong*. It leaves out the the word "the President of" as in "obey the orders of the President of the United States", instead saying "obey the orders of the United States".

The "oath" cut and pasted from the ruling:

I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

The oath from 10 USC 502:

“I, XXXXXXXXXX, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

Clerk messed up pretty badly there.

The officers oath is specified in Title 5 section 3331 It's not in Title 10 (Armed Forces) because it's not unique to military officers, rather it applies to individuals, "except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services", and is Constitutionally required by Article VI of the Constitution.

[BP2]

who will listen? Who will care?

With the correct Case Law argued — and in the proper Venue —
in the end, I still think only HERE can it be properly addressed:

[kukaniloko]

The Golden Rule would be to treat others as you would wish to be treated. If someone doesn’t want me to post to them, then they should not post to me, especially with an insult.

[mlo]

"The flaw in Judge Carters argument is here:"

The judge directly addressed your points in the decision.

[Non-Sequitur]

All hail Taitz! All hail Taitz! Oh say can you see, by the dawn's Orly light...

[plenipotentiary]

Show me a quote.

[lucysmom]

At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.

Orly didn't attempt service until inauguration day and didn't get it done until August.