Skip to comments.Hearing This Week in Judicial Watch Lawsuit Challenging Hillary Clinton's Constitutional Eligibility
Posted on 09/14/2009 11:40:33 AM PDT by Velveeta
Hearing This Week in Judicial Watch Lawsuit Challenging Hillary Clinton's Constitutional Eligibility for Secretary of State
Challenge Filed on Behalf of State Department Foreign Service Officer -- Court Hearing Set for September 16, 2009
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that a lawsuit challenging the constitutional eligibility of Hillary Clinton to be Secretary of State (Rodearmel v. Clinton, et al., (D. District of Columbia)) will be heard by a special three-judge panel of the U.S. District Court for the District of Columbia:
Date: Wednesday, September 16 Time: 9:30 AM ET Location: Courtroom 22A The E. Barrett Prettyman Federal Courthouse 333 Constitution Avenue, N.W. Washington, D.C. 20001
At issue is Hillary Clinton's constitutional ineligibility to serve as Secretary of State. Article I, section 6 of the U.S. Constitution provides:
"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time."
This provision, known as the "Emoluments" or "Ineligibility" clause is an absolute prohibition and does not allow for any exceptions. The "Ineligibility Clause" is interpreted by most as designed by our Founding Fathers to protect against corruption, limit the size of government, and ensure the separation of powers among the three branches of government.
On January 29, 2009, Judicial Watch filed a lawsuit on the grounds that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State under the Ineligibility Clause. The "emoluments" or salary of the U.S. Secretary of State increased at least three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's resignation.
The Judicial Watch lawsuit is on behalf of Foreign Service Officer and State Department employee David Rodearmel. The lawsuit maintains that Mr. Rodearmel cannot serve under Secretary of State Clinton as it would force him to violate an oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States.
"Our goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as Secretary of State until 2013. We hope the court puts a stop to this attempt to do an end-run around the Constitution in the name of political expediency."
For more information on this lawsuit, see http://www.judicialwatch.org/rodearmel-v-clinton.
Contact: Jill Farrell 202-646-5188
LOL, let’s get it on!
I need to talk with Mr. Rodearmel!
I remember when this was talked about
Has it been tied up in litigation since?
I’ve heard rumors that Hillary is going to resign and run for Governor of NY. Do you suppose this has anything to do with her decision?
She was ineligible to run the first Health Care Commission, and it was illegal for her to do that in secret. We all saw what became of that.
Then there is Algor fund raising from his office.
I do not expect the judicial branch to prosecute or even investigate mere Constitutional breaches, we have become so much more Progressive than that.
Hillary may look on this as an opportunity.....for 2010? In the meantime would she replace the replacement senator. Look what ignoring the Constitution is doing to this country. Throw the illegal ba$tard$ out!
The clause only applies to males and not females as the Framers specifically used the word "he."
I remember this too.
Regardless of how this turns out, I’m glad to see there is a growing movement in the US that believes the Constitution actually means something (vs. something that can be ignored when it is inconvenient.)
Then she will dump gov of NY to run for POTUS.
What is Judicial Watch’s actually scorecard of victories in lawsuits against the Clintons?
Not just bringing to court, victory in the final decision?
That’s discussed in the lawsuit.
Judicial Watch, the “Washington Generals” of the legal world.
Yes YOU do! Great idea. ;-)
Indeed, it’s been tied up since.
Per Judicial Watch’s site, they’ll go all the way to the Supreme Court.
I guess it depends on whether the rumor is true or not.
I did read today that Zer0 and Bubba had lunch together. Wonder what was discussed?