SOMETHING NEW IS COOKING ON THE OBAMA BIRTH ISSUE
Behind the scenes, at many military bases across the country and around the world, a not-too quiet challenge is developing against Barack Obama and his questionable qualifications to be President of the United States and Commander in Chief of the Armed Forces.
Most Free Republics are familiar with the ongoing civil litigation's against Obama. Plaintiffs claim he is not constitutionally qualified to be president because he does not meet the constitutional requirements of a natural-born citizen. (ie both parents are US citizens and he is native born on US soil). Obama refuses to produce his long form birth documentation to prove his origins, plus we already know that his father was not a US citizen.
Obama's lawyers have never entered pleadings on the MERITS of the plaintiffs cases. They oppose the plaintiffs' suits on the issue of standing. They claim the plaintiff's do not have a right to sue. Generally, that standing claim is well-founded. Giving every citizen the right to sue the president would be a nightmare. Can you imagine George Bush defending 10,000,000 individual suits by Dems over the war in Iraq?
But recently, one plaintiff had a strong chance of being given standing to sue. The plaintiff was an Army Reserve Major, Stefan Frederick Cook, from the Tampa area. His call-up to active duty positioned him as a person who could demonstrate the likelihood of real damages if Obama was not a legitimate president. Cook could be killed, wounded or even charged as a war criminal if he knowingly executed Obama's illegal presidential orders.
He sued, claiming Obama was not constitutionally qualified to be President, and therefore not authorized to order him to do anything, because his Officer's oath was sworn to support and defend the constitution against all enemies foreign or domestic and to refuse to obey all unlawful orders.
Enlisted men, however would probably not achieve standing to sue the President, because their oath is sworn to not only defend the constitution but also to obey the orders of the President and all officers appointed over them in accordance with the UCMJ.
The judge was set to begin preliminary hearings when the government lawyers dropped a legal blockbuster. They canceled Major Cook's orders for the obvious purpose of denying him standing. With Major Cook no longer on activation orders, the case became moot and was dismissed by the judge. But it didn't stop there .... the government spitefully had Cook fired from his civilian job because his civilian employer was involved with some government contracts. Nice guys huh?
This hugely significant legal surrender by the government was noticed by every lawyer in the country watching this issue. It also immediately became an enormous topic of conversation in every barracks in America. If Obama was willing to cancel one soldier's deployment orders because of a court challenge to his eligibility to be president and then continues to conceal his official birth status, then what would he do the next time someone raised the issue?
As a result, service members and lawyers began action immediately. It is believed that as many as 100 lawyers are preparing to file litigation such as Major Cook's. This litigation would be in many courts across the country and put a huge strain on the Obama-DNC legal team. Do they cancel 100 sets of orders this week, only to face 1000 suits next week?
Even worse, sources close to some of the potential litigants tell me that at least four lawyers, including one very well known conservative Vietnam veteran-lawyer, are seeking enough clients so they can petition the court for the establishment of a Class of Plaintiffs in a proposed class action suit. If that happens, then every military service member on orders to SW Asia would be covered.
At that point, Obama will have no viable legal option. He has proven himself unwilling to try the case on its merits, and willing to cancel all orders to avoid having to face discovery. How can he be POTUS and CINC if he cannot issue orders to the military he claims to command?
From there, every time Obama tries to act under the banner of law in any matter, military of not, someone sues and Obama's action ceases.
This is an important turning point in a case of incredible constitutional and legal significance.
I am fascinated to see how all of this unravels.
Behind the scenes, at many military bases across the country and around the world, a not-too quiet challenge is developing against Barack Obama and his questionable qualifications to be President of the United States and Commander in Chief of the Armed Forces.
Most Free Republics are familiar with the ongoing civil litigation's against Obama. Plaintiffs claim he is not constitutionally qualified to be president because he does not meet the constitutional requirements of a natural-born citizen. (ie both parents are US citizens and he is native born on US soil). Obama refuses to produce his long form birth documentation to prove his origins, plus we already know that his father was not a US citizen.
Obama's lawyers have never entered pleadings on the MERITS of the plaintiffs cases. They oppose the plaintiffs' suits on the issue of standing. They claim the plaintiff's do not have a right to sue. Generally, that standing claim is well-founded. Giving every citizen the right to sue the president would be a nightmare. Can you imagine George Bush defending 10,000,000 individual suits by Dems over the war in Iraq?
But recently, one plaintiff had a strong chance of being given standing to sue. The plaintiff was an Army Reserve Major, Stefan Frederick Cook, from the Tampa area. His call-up to active duty positioned him as a person who could demonstrate the likelihood of real damages if Obama was not a legitimate president. Cook could be killed, wounded or even charged as a war criminal if he knowingly executed Obama's illegal presidential orders.
He sued, claiming Obama was not constitutionally qualified to be President, and therefore not authorized to order him to do anything, because his Officer's oath was sworn to support and defend the constitution against all enemies foreign or domestic and to refuse to obey all unlawful orders.
Enlisted men, however would probably not achieve standing to sue the President, because their oath is sworn to not only defend the constitution but also to obey the orders of the President and all officers appointed over them in accordance with the UCMJ.
The judge was set to begin preliminary hearings when the government lawyers dropped a legal blockbuster. They canceled Major Cook's orders for the obvious purpose of denying him standing. With Major Cook no longer on activation orders, the case became moot and was dismissed by the judge. But it didn't stop there .... the government spitefully had Cook fired from his civilian job because his civilian employer was involved with some government contracts. Nice guys huh?
This hugely significant legal surrender by the government was noticed by every lawyer in the country watching this issue. It also immediately became an enormous topic of conversation in every barracks in America. If Obama was willing to cancel one soldier's deployment orders because of a court challenge to his eligibility to be president and then continues to conceal his official birth status, then what would he do the next time someone raised the issue?
As a result, service members and lawyers began action immediately. It is believed that as many as 100 lawyers are preparing to file litigation such as Major Cook's. This litigation would be in many courts across the country and put a huge strain on the Obama-DNC legal team. Do they cancel 100 sets of orders this week, only to face 1000 suits next week?
Even worse, sources close to some of the potential litigants tell me that at least four lawyers, including one very well known conservative Vietnam veteran-lawyer, are seeking enough clients so they can petition the court for the establishment of a Class of Plaintiffs in a proposed class action suit. If that happens, then every military service member on orders to SW Asia would be covered.
At that point, Obama will have no viable legal option. He has proven himself unwilling to try the case on its merits, and willing to cancel all orders to avoid having to face discovery. How can he be POTUS and CINC if he cannot issue orders to the military he claims to command?
From there, every time Obama tries to act under the banner of law in any matter, military of not, someone sues and Obama's action ceases.
This is an important turning point in a case of incredible constitutional and legal significance.
I am fascinated to see how all of this unravels.
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