Sir Xsarus wrote:
The lack of standing is explained in the document, but your legal expertise lends you to believe that the judge is an idiot.
Simply stating that a soldier has no standing to question a "legal order" is not really a sufficient argument for lack of standing.
The question is based on whether or not the order is legal. Now it's entirely possible given the apparent qualities of the counsel for the plaintiff that this wasn't made sufficiently clear to the judge in this case. But I'm not sure how one could fail to grasp that fact while retaining the ability to chew food on their own.
So yeah. The judge is an idiot. Actually, he's presumably hoping that a lot of people reading his ruling are idiots and is counting on most people missing the glaring hole in his ruling due to being so enthralled and amused by his clever attacks on the attorney. Which seems to accurately describe most of the posters so far in this thread.
Quote:
Whatever you say, there's nothing I could say to address this. You think you're better at understanding fields then the experts of that field, I can't discuss anything against that kind of arrogance.
None of which changes the fact that I am right. There is no doubt that a soldier who questions whether the sitting president of the US meets the Constitutional requirements for the office has standing to charge that he is being put in harms way in violation of his rights without sufficient verification that his chain of command is legitimate and the orders he is being given are therefore legal.
You don't need a freaking degree in law to understand this, and everyone who *does* have a degree in law should understand it. The principle of standing isn't that complicated. Do the conditions charged in the case represent a condition of harm or risk to the plaintiff? yes or no? When establishing standing, the judge does not determine if the conditions being charged are true or not, but merely whether the plaintiff would be negatively impacted
if the charge is true.
If I claim that you left your water on and it flooded my home, I don't need to prove that you left the water on, or that it was your water. I only need to show that my home was flooded, that this caused me harm of some sort (financial in this case), and that if you had left your water on, it could have caused the flooding. Period. That's the extend of a finding of standing.
If Obama is not a natural born citizen, then any orders he gives down the chain of command are illegal orders. Any soldier following those orders could be subjected to any of a number of legal problems in that case, not to mention could be put into harms way without Constitutional authority. All a soldier has to do to show standing is show that he has been given any order which puts him bin harms way or subjects him to potential legal (or military) response.
Any deployment order falls into that category. There is simply no rational way to argue a lack of standing in this case. The judge is pretty obviously stretching the law in order to find the way he wants to instead of the way the law actually says he should find.
Quote:
CBD wrote:
I wonder if Obama has a passport.
This doesn't actually address the issue, illegitimate as it is. You can get a passport without being born in the US.
Yup. As I said, it's not "proof" that he's not a citizen, but the passport application information he filed from like 25 years ago would tell us what he listed as his citizenship, whether he filed with a birth certificate, or used some other form of ID. It's entirely possible, given that he spent the first 10 years of his life living in an foreign country, that he used a passport from that country as identification to get a passport here.
Or. He might have used his birth certificate. My point is that we have a Constitutional requirement in place. One side of this issue is just asking that available legal documents be reviewed to ensure that the requirement has been met, while the other side seems hell bent on hiding any documentation which might allow anyone to make this determination. While that doesn't prove any wrongdoing, it is incredibly suspicious...
I absolutely don't agree with the idea that if you have nothing to hide you shouldn't mind your privacy being violated. But that's not the case here. He's the one who ran for office. He ought to be open and forthcoming with something as simple as his birth certificate. It literally takes ten freaking minutes to get. How many millions of dollars has he spent preventing anyone from viewing it? I'm still at a loss as to why.