Skip to comments.Cpt Connie Rhodes, MD refuses deployment to Iraq until Obama’s legitimacy for CinC is verified
Posted on 08/28/2009 8:21:55 PM PDT by rxsid
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Obama has a document that is prima fascia evidence of his birth in HI.
Is he going to show it online?
But if they keep on revoking orders, the word is going to get out that if you don’t want to be deployed, just file a BC demand. I don’t see how they can keep revoking without serious consequences.
Then maybe he should just prove his citizenship in a clear, indisputable way, even if he doesn’t have to. Isn’t that what a leader should do? What is most effective?
***prima fascia evidence ***
Sounds like lawyer-talk.
Just exactly what is this “prima fascia” evidence of which you speak?
Thanks for the ping!
Hypothetically, And I'm speaking hypothetically here, what would be your conclusion if he does rescind the order?
Just who would have "standing"?
Dr. Orly has put her lifes blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.
Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.
She has even gone to Isreal and Russia to spread the message about Obamas inelgibility!
She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880
God bless this American patriot and keep her safe.
“of course, one will be provided for her to shepherd her through the Article 32 investigation and beyond, but that JAG won’t help”
Maybe thin skin on my part, but I’d change that to “that JAG CAN’T help” in the civil action. My experience with Trial Defense Services (maybe a new name now) is that they’re very good, and very independent. As a former USAF Area Defense Counsel and Circuit Defense Counsel, I can attest that we were GLEEFULLY independent - and probably took a little more perverse pleasure in jacking the command chain around (appropriately) than we should have!
On substantive issues for this doc, I agree that she’s exposed to a number of UCMJ charges and specs, which will likely prevail at the trial court level if it goes that far. A good defense counsel will file an appropriate, and fully researched, motion to dismiss, but the judge won’t grant it in the 39a, he or she will let the appeals court deal with it. As is appropriate, if it’s going to have any precedential value.
From the morale/good order and discipline angle, I’m not sure how helpful it’ll be for those in the AOR already.
It's far more insidious than that.
If it is established that anyone can get out of a deployment merely by suing, then the assumption the the subsequent war crimes trials will be that anyone who went knew that the orders they were following were illegal.
The poor bastards won't even have the fig-leaf of "I was just following lawful orders".
Ah well, that didn't work in Nuremberg either. (Oddly they were following a foreign-born leader that time too)...
“It’s not spelled out as an allowable affirmative defense in UA cases according to the manual for courts-martial, or in any case law in which I’m familiar.”
My only caveat would be that it is a defense to disobedience of a lawful order that the order was not lawful - in fact, that’s one of the elements the prosecution has to prove, and if a proper defense motion was filed, OR the 32 officer (ought to be a JAG, but the Army doesn’t normally do that) had the stones, it might be come an issue at the 32.
For crying out loud, can’t the man simply show the public his birth certificate?
I’m guessing as just a Captain, she probably still owes them some time.
Agreed - and a Med Corps Captain is a baby officer - most of them make O-4 in less than 2 years. And the “volunteer” part is over once you’ve committed, until your commitment is up. I know YOU know that, just making the observation.
I believe Obama will be removed from office...don’t know what calamity it may take or what kind of power he will try to weild before it happens.
Two’s in, OldDeckHand. You have it exactly right; however, if I were defending this one, I’d demand that the disobedience of a lawful order charge and spec be addressed before anything else. If the order’s determined to be unlawful, all the other charges go away.
No one who is not FIRMLY in his camp claims to have seen the actual document. Even his political supporters have never claimed to have seen the full birth certificate.
All we peons have ever seen, all a "neutral" judge has ever seen, all any federal government official has seen is a few images on a computer screen.
And each reissue an image of the several versions of that alleged document 'magically' filling in details that someone (usually Polarik or Beckwith) pointed out were missing in the latest version.
Don't you think that it's the teensiest bit suspicious that the second version at 1/4 the resolution of the first version shows the impressed state seal (wrong version for the date issued, btw) while it was invisible on the high rez version????
wow, just wow.
“what happens if Obama gives orders to commit a war crime?”
Thanks for asking that question. We (JAGs) brief the troops on the Law of Armed Conflict (LOAC) a minimum of once a year, and one of the major issues is disobedience of orders. Basically, you disobey an order at your peril, but an unlawful order (to violate the Geneva Convention) needs to be reported immediately, and we tell them exactly how to do that (up the chain, report to the IG, tell the chaplain, etc.).
A soldier must refuse unlawful orders.
Remember Mi Lai?
You have done and are doing a superb job in legal efforts to protect the US Constitution against fraud and resultant tyranny. It is ironic but understandable that you a former subject of communist despotism should as an American citizen lead the battle in defense of our Constitutional representative government against a usurper led or abetted growing socialist tyranny that many of our fellow citizens seem not to recognize. You know the face of the enemy, while most of our people do not. We American people overall do not begin to understand or appreciate what you are doing for us. I do. You have the strength of moral right and the letter of the Constitution on our side, and eventually, you will prevail. Thank you for your courage, patriotism and zeal in addressing what appears to be a horrendous political crime against our republic.
John D. (Dave) Blair IV
Colonel, Special Forces, US Army (Ret.)
“The law is obviously not my area of expertise, so Im just curious, what happens if Obama gives orders to commit a war crime?”
Whether he is legitimately POTUS or not, an order to commit what one knows to be a “war crime” must be disobeyed. If not, you become just as subject to prosecution. However, his being of an extreme liberal bent, I don’t POTUS Obama would ever issue an order to commit a “war crime.” He is actually going to extreme measures, IMO hurting the military, to ensure that none are committed. The rules of engagement in Afghanistan, to “protect” civilians, are in my opinion putting our military personnel in a dangerous situation and setting them up for tactical failure. That, of course, is my opinion and carrys no weight.
har har dee har har
So name me one person in today’s Army who was drafted, conscrpted or had a gun held to his/her head to sign up.
Lt. Quarles Harris (passport break in) was killed and there's been no investigation that I can find. That's a red flag. I'm not so sure the problem is the long form. The natural born status didn't get any traction from the COLB but then we all know he's not natural born by his personal statements and his books. Sure, it would be great if there's no authoritative witness, hospital, etc. but I suspect the bc is just more smoke and mirrors he's so skilled at. Remember, he's locked down everything from the bc to the day he walked into Congress. What else is out there that we're missing while focusing so much time on the bc? Of course we can multi-task with the college records and his not so good buddies and his passports but the majority of the focus (well spent and all but...) is on the bc and his delaying it is also delaying us getting into other suspicious areas. He and his handlers have had years to work on their play book. They aren't dumb. They'll drag it out and drag it out and let the media have a field day with the kooky right-winged Birthers and when it can't be delayed any longer, he'll triumphantly whip out the vault bc showing everything we've asked for. He will be victorious and lord it over anyone who has ever questioned him. That will shut down any further questions into the passports and college scholarships and social security numbers and real estate scams and dual citizenship and selective service and his muslim faith and everything else. That will be the end of the republic and America.
One would think that every US citizen would have a “tangible interest in the vital record” but apparently HI and Hussein don’t.
But but but isn't this court where justice is applied???
No, young man, this is a court of Law, where law is applied, sometime we achieve justice, but out goal is to follow the law.
If only they would en masse.
I checked CPT Rhodes out on AKO (Army Knowledge Online). She is an Active Duty (regular army) Medical Corps CPT. That means they just can’t blow her off like they did MAJ Cook because he was a reserve “volunteer.” I think she is very brave to do this, as was MAJ Cook. I don’t what to denigrate Dr. Taitz, she is a sincere person, but I do wished CPT Rhodes had an attorney with a little more gravitas.
Posters like you are the reason I monitor FReep. Thanks for the excellent clarification.
Not at all. What the State of HI now issues called - Certification of Live Birth - is prima fascia evidence of birth, and that has been tested in court, all the way to the Supreme Court - it's settled law. Now, the only other hurdle to get over would be to verify the authenticity of such a document. For that, all Obama would need to supply would be a sworn affidavit from an appropriate HI officials stating that the document was genuine and hasn't been altered in any way. That's it. Case over.
Don't shoot the messenger.
Except the term is natural BORN citizen and not natural citizen. Doesn’t mean he could have changed citizenships throughout his life but that he was BORN with dual citizenship.
The problem isn't what was said.
The problem is that under Hawaii law the original birth certificate showing foreign birth can be on file, and Hawaii can still legally issue a birth certification showing birth on the islands.
The birth certification with that flat-out lie on it is perfectly legitimate under Hawaii law.
I have personal experience with the legal fictions allowed on birth certificates.
The judge has already denied the TRO. The order is available on PACER, which I checked after seeing it reported on Twitter this morning.
In my experience, the presiding judge can make a difference, but the military court system is given to the wild departures from convention that is seen in the civilian world. Which is why I said in an earlier post, I don't think any district judge is going to grant a TRO - but ANYTHING is possible. I would say ANYTHING isn't possible in a military courtroom - remember, the presiding officer is under the same constraint as the other jurists and defendant - they President is the Command-in-Chief, and they serve at his pleasure. That's a powerful dynamic that's not going to lend itself to evidentiary fishing trips for presidential birth records.
I tend to think this wont happen, but I find it fascinating Obama wont just sign a release on the Long form BC and clear this up. Sooner or later it would seem hell hit a judge who is a partisan, and decides to bust his balls.
Occam's razor tells me that the most likely reason he doesn't want his LF certificate in public view because there's something on it that would cause him some grief or displeasure. What that is, I have no idea. Personally, I was and continue to be in the camp that his eligibility to be president is still questionable, even if he was born in HI. But, SCOUTS disagrees with me, and has signaled that they have no appetite to entertain such challenges - disappointing.
Yes to both counts. As I said earlier, if he can provide both items, then he has set a very high hurdle for the plaintiff to walk over - assuming that the case is ever heard on the merits.
What’s a PACER? Link please.
On what terms was it denied?
She's certainly no Constitutional scholar.
See the sources the Founding Fathers used, for example, Vattel quoted long standing law of nations and asserted that natural born citizenship required BOTH being born in a country, AND being born of TWO citizens of that country.
The Founding Fathers wanted to insure that to hold that one singular office, the presidency of these United States, one had to be free of any hint of divided loyalties, allegiance, or affinity.
They specifically didn't want some Brit taking over the place.
Since Obama was born of a British Subject (I don't think anyone argues that point) he is, by birth, a British Subject, (and arguably a Kenyan as well!).
IF he was born in Honolulu, he's also an American citizen, but merely being born on US soil doesn't qualify one as a Natural Born Citizen.
If he was born elsewhere, under the laws in effect at the time, he wasn't even an American citizen at birth.
Let me be clear, I'm not a document examiner and I have no idea if what is purported on the internet to be Obama's COLB is legitimate, nor do I care - it's not germane in any way to the case.
What is germane is the multiple public statements from HI officials. I assume that they would sign affidavits repeating their public proclamations. I think that's a perfectly logical presumption. And, if they would offer such sworn testimony, it means that their is a legitimate COLB in Barack Obama's possession - or he could ask for another one from HI - irrespective of any fraudulent garbage that's already made it's way to the internet.
For me, it's the public proclamations that is so compelling - nothing more.
If you think a reasoned legal opinion is "disruption", I'm not sure what it says about your ability to evaluate facts or listen to reason. Just saying.
PACER is the court docket that you can subscribe to. Registering is free, but you have to pay 8 cents per page to view documents.
Link to PACER is here: https://pacer.uspci.uscourts.gov/cgi-bin/menu.pl?puid=
The order is too long to post (three pages), but here’s the “concluding” paragraph:
If the "trash" is evidence, destroying evidence could be a crime in and of itself.
There are circumstances where "Pick up that trash." is an unlawful order.
In this case, it means "evidence on it's face". In other words, in a trial preceding, the evidentiary burden would switch to the opposing party after prima fascia evidence was admitted and accepted into the trial record. That becomes an enormous burden for the opposition to overcome.
Thanks for the encouragement. I'm afraid you're in the minority.
I agree. If there is a God in Heaven, I do not believe he will allow this fraud to remain in Office.
I agree. If there is a God in Heaven, I do not believe he will allow this fraud to remain in Office.
Good question. To begin with, this "lack of standing" grounds for dismissal, is one of - if not THE - most abused procedural grounds that courts at all levels use. It needs to be addressed, not just for this case, but for all cases.
It really became en vogue during the 1960's when there were countless challenges to the constitutionality of the Vietnam war - all but one (I think) was dismissed for "lack of standing".
Standing usually means that a party has material interest in the case and the court can provide some sort of remedy or relief for the party. I know what you're going to say - Don't we all have an interest here, and can't the court provide a relief or remedy just by ordering Obama to show his long form BC? I would think so, but I'm not a federal judge. So, my opinion is just like yours in this matter - worthless.
Your entire argument is that his citizenship was indeed controlled by the laws of Kenya and Great Britain.
Therefore, although he is a US citizen by statute he is not a Natural Born Citizen. NBC's need no law to declare them citizens.
” With that statement, and a Certification of Live Birth, Barack Obama will win any and all legal challenges, “
What expertise does Dr Fukino have to declare anyone a natural born citizen ?
She needed a year of tutoring after graduating from college to get into the local medical school,
she’s not board certified
and her niche area of practice has focused on the medical needs of native Hawaiians,
like diet, weight control, blood pressure management.
She also hopes to incorporate Huna,
the ancient Hawaiian healing techniques of chanting, herbs ,spirituality and plants into her medical practice.
I can find nothing in her published educational background to indicate she has ever taken a course on the Constitution
or authenticating documents .
Her two statements have been ambiguous , poorly worded and beyond her professional bailiwick.
And they are the linchpins of those who say she has vindicated Obama.
I imagine a half way decent plaintiff’s attorney could easily impeach her.