And if he sues then he can't establish standing because he can't establish a causal relationship between his injury and Obama's actions.
Aristotle was not Belgian. The central message of Buddhism is not every man for himself. The London Underground is not a political movement. Those are all mistakes. Furthermore, if you're looking for a "causal relationship" for Injury, as caused to Lt Col Lakin by his deployment orders as directed by the (de facto) President, start by READING the "National Security Act of 1947". Look for phrases like "Under the direction of the President" and "Subject to the authority, direction, and control of the President" and it will tell you who's in charge. The National Command Authority (NCA) the ultimate lawful source of ALL military orders passes down its directives from the SECDEF and President, both of which currently get their CONSTITUTIONAL POWER from Barrack Hussein Obama (as SCARY a proposition that is). The President at the TOP is ALWAYS responsible, as he ALSO has the AUTHORITY to, at his discretion and whim, RELIEVE FROM COMMAND all of those BELOW him, including the SECDEF himself! Again, sh!t rolls downhill. Command Authority in our military, from the time our Constitution was written to now, is derived FROM an -ELECTED- Commander in Chief (CinC). Thank goodness, too, or General George Washington could have resumed his Commission from whence he resigned in Annapolis on Dec. 23, 1783 when the Electoral College elected Washington unanimously in 1789 after our Constitution was fully ratified.
As everyone knows, there's room for only ONE Napoleon as long as Obama is president.
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Why isn't it that simple? I haven't looked at the order challenge procedural in many years but as I recall from Law School, ultimately, the officer has a right of review to the District Court.
This is the kind of case that could ultimately backfire on Obama. They ought to withdraw the order and dismiss this guy.
Seems to me his only vulnerability is his ability to front the cost of getting the evidence together and getting a decent lawyer to present his case and preserve his procedural right to get to a District Court.
A lot of this evidence is in files they managed to get orders sealing. And at one point, Orly was cooperative--is she still?
And of course there is downside risk generally if he gets this to a hearing on the merits and loses.
The fact that he has confidence in the lawyers running the show is not necessarily dispositive of issues regarding their adequacy.
BP his real handle is Rahm-sequitur and he is a massive tur.....ah troll.