Posted on 04/27/2010 11:18:54 PM PDT by STARWISE
“Actually, under the Manual for Courts Martial, he’s asking the judge.”
If it makes you feel better, he is asking the JUDGE to answer a question outside the judge’s jurisdiction.
“And that would have supported and defended the Constitution, just how?”
It would be honest. If Obama’s election makes orders to go to Afghanistan illegal, then it makes every order given since Jan 2009 illegal, including PCS orders, etc.
The military doesn’t have a role in deciding who the President is, outside of individual votes.
I don't think they can take the chance. They need to make an example out of Lakin to keep others from following suit.
Good Order and Discipline, which includes morale, might not be well served by too harsh a sentence. The sentence is up to the Court, not the judge, although the convining authority can, IIRC, lesson the sentence if he/she wishes. (And he might, for that same reason).
Which is why I don't see prison time. They may sentence him to some and suspend it, but he won't see the inside of the disciplinary barracks. But one way or the other his military career is over.
Not if it shows he was not born in the US.
The Manual for Courts Martial specificially indicates that the authority of the order giver is a factor in the lawfulness of the order.
Even if it shows that. He missed movement and he refused to obey the orders of his brigade commander. He can still be convicted of both.
The Manual for Courts Martial specificially indicates that the authority of the order giver is a factor in the lawfulness of the order.
And the order giver was his brigade commander.
Yes. Natural Born.
Natural Born does not necessarily mean born in the US. My parents were in the military, I was born in West Germany. My legal status is Natural born.
I don’t know all of the specifics in this case, however, if they were living there and/or they were themselves legal citizens of the United States, there is a very good chance that this kid’s legal status is that of a “natural born” citizen.
Your opinion. The Constitution requires that in order to be eligible to the office of President, a person must be a natural born citizen. The long form contains information about the birthplace of the parents, 7c and 10c on the version you lined. If they were born in the US, they they were most likely citizens, if not, they might not have been at the time of birth and further documentation would be required to determine their citizenship at the time of birth. The long form also contains fields which can be filled in a variety of ways, some of which point to a *possible* fraudulent filing, such as 4a, all 5x fields, 6a and 6b (which could be blank) ,11a and 11b. Since there is *some* evidence pointing to an non-Hawaiian birth, those indicators would carry some weight towards requiring some additional verification.
BTW, the state has not verified any document. And they have made no statements at all in court, under oath. Just press releases.
If she's correct, then she is not the First Lady, is she?
The order to report to him, yes, and the other order Lakin is accussed of disobeying. But likely not the deployment order, or even it it came through the Brigage CO, it did not originate with him. Someone gave him the order, and someone else gave that person the order, and so one, until you get to Obama., where as another occupant of the office once said, "The Buck Stops" The question then is "did have the authority to issue such an order?". If he's not eligible, he's not the President, and has no authority at all.
Your opinion. The Constitution requires that in order to be eligible to the office of President, a person must be a natural born citizen. The long form contains information about the birthplace of the parents, 7c and 10c on the version you lined. If they were born in the US, they they were most likely citizens, if not, they might not have been at the time of birth and further documentation would be required to determine their citizenship at the time of birth. The long form also contains fields which can be filled in a variety of ways, some of which point to a *possible* fraudulent filing, such as 4a, all 5x fields, 6a and 6b (which could be blank) ,11a and 11b. Since there is *some* evidence pointing to an non-Hawaiian birth, those indicators would carry some weight towards requiring some additional verification.
Aside from a presidential pardon if the man is convicted, there isn't anything Obama can do to rescue him from the path he's chosen.
Aside from a presidential pardon if the man is convicted, there isn’t anything Obama can do to rescue him from the path he’s chosen.
Others would follow Orly Taitz.
Okay... military parent overseas for the govt
is a qualifier, which was excluded from your
description.
That's irrelevant to the charges. It's the order of the brigade commander he's charged with disobeying and which he'll be tried for.
Good catch! (well...in a way. People don't usually speak like lawyers...they don't worry about modifiers)
But, she is a lawyer...a Harvahhhhd lawyer. And she read a prepared speech that dropped a major clue of great value to those who drool at the prospect of challenging his "natural" citizenship (and challenging her as an accomplice).
So, she is either taunting us...or what?
After considering your comment, I think you are right...she is taunting us.
obumpa
I’m speaking of the odds of his winning are low and the odds of his losing are high. And this is not a do-or-die situation.
Bastogne’s heroes gave their blood to prevent a German breakthrough that would have opened up our rear area and supply lines. Thousands of our troops would have been killed and it would have taken some time to control that kind of damage. Germany would not have succeeded because they were at the end of their ability to fight, and we had air and combat power superiority. It was not futile, and they succeeded. It certainly didn’t look very good for a while, though.
For those who believe in getting Obama to reveal his records, this is a critical issue dealing with the legitimacy of his presidency. However, I don’t believe Lakin has much chance of getting discovery and claiming victory.
I don’t want to see him injured, so he needs to find a way to regroup and come at this a different way on a different day.
Engineers, scientist and mathematicians do too.
Little details can make the difference between a nice solid bridge and "Galloping Gerty". (Look it up. :) )
Or any other sort. That means the ruling is binding within the jurisdiction of the Indiana Court of Appeals, which is the state of Indiana.
I don't live there, nor do most other Americans.
Besides which, it's a federal question. It won't be binding on all federal courts unless the Supreme Court upholds it. By "It" I mean the definition of "natural born citizen", not the ruling per se.
There are a lot of steps between a Court Martial and a Presidential Pardon. They are called appeals. The first one might even be automatic, depending on the sentence imposed. The Court has the option of pretty everything from essentially nothing, up to but not including death, unless the offense is committed "during wartime", then even death is an option.
The Missing movement charge only allows a maximum of:
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
They aren't going to give him anything terribly much for failing to report, under the circumstances. (essentially an administrative, as opposed to operational, order).
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