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To: Sola Veritas
...as a commissioned officer of the United States I know that my “authority” to act on behalf of the U.S. is based upon my commission from the “people” through their Congress...and shall I say it...the POTUS. My commission doesn’t come from the SCOTUS. I cannot nor should not act until directed by constitutional authority. The military cannot remove a POTUS...even an illegal one...that requires the congress. Then the VPOTUS becomes CINC and orders flow from that person.

...do you really want members of the military to make decisions on who is or is not POTUS? The moment that happens, then the military becomes king and not the people. Transition of authority must be orderly and constitutional and not based upon the military acting. At that point we no longer have a country, when the military deposes the CinC.

Firstly, transition of POTUS authority only ever happens because the military either acts, or decides to do nothing. That's the de facto reality. Every President who has ever served in that capacity has only been able to do so because the military decides to obey him, and to not stage a coup. That's the de facto reality—which so far has always operated in support of what's true de jure (and a good thing, too.)

Yes, your authority to serve as an officer of the military comes from the US Congress. However, that commission simply allows and requires you to obey the POTUS as CIC. If a court of competent jurisdiction (i.g., the SCOTUS) issues a decision to the effect that Obama cannot Constitutionally be POTUS, then he is not, and never has been, POTUS. Which means he is not, and never has been, CIC.

So, not only would be there be no need for any action by Congress, it would be logically and legally impossible to remove someone from an office that he does not hold, and has never held. At that point, your duty as a commissioned officer would be to respect the chain of command, which means you obey the CIC, and ignore orders from anyone who is not in your chain of command—such as Obama, subsequent to such ruling by the SCOTUS.

149 posted on 09/26/2009 1:09:32 PM PDT by sourcery (Party like it's 1776!)
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To: sourcery; All

“So, not only would be there be no need for any action by Congress, it would be logically and legally impossible to remove someone from an office that he does not hold, and has never held. At that point, your duty as a commissioned officer would be to respect the chain of command, which means you obey the CIC, and ignore orders from anyone who is not in your chain of command—such as Obama, subsequent to such ruling by the SCOTUS.”

This is all extremely hypothetical and it is not going to happen. So, it really isn’t worth continued discussion. Let us all hope, that should POTUS Obama were, which I doubt, to be ruled against by the SCOTUS...that things will devolve in a lawful(constitutional) manner without any need for lines to be drawn. My duty, as I understand it (and your views aren’t going to change it), is to stay out of setting up or tearing down a POTUS. I have to put aside my personal feelings and stay neutral when acting in an official capacity. Anything else would be to violate the intent of my oath as I understand it.

Major Cook and Captain Rhodes, in my opinion, acted properly - using the courts - to question the authority of POTUS Obama. When ruled against, they saluted smartly and drove on. They did not violate their oaths. However, some of the stuff you are saying...in my opinion....smacks of inciting mutiny and sedition in the Armed Forces; this must NEVER happen. With true respect and concern I implore you to be careful what you write.


158 posted on 09/26/2009 2:13:47 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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