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To: OldDeckHand
Once the trial judge rules the orders lawful, a jury's decision is a foregone conclusion. Nullification isn't going to come into play here.

His best chance is to go with a panel rather than just a judge. Most O-6s didn't get there because they are unintelligent. If none of them have any hope of making O-7, I would not rule out the possibility of a jury nullification even if it is a very remore possibility. The defense could go on the offence and try to get on the conservative talk shows and explain that there is a USSC case that clearly states that the jury is judge of both the law and the facts.

The concept that the tribunal is the sole judge of the law is a judicially created fiction and was never contemplated by the founding fathers. Another judicially created fiction is the whole standing issue as it relates to violations of the Constitution. Every citizen should have the right to question the constitutional qualifications of a President through a quo warranto action.

125 posted on 04/22/2010 10:50:41 PM PDT by SeaHawkFan
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To: SeaHawkFan
His best chance is to go with a panel rather than just a judge. Most O-6s didn't get there because they are unintelligent. If none of them have any hope of making O-7, I would not rule out the possibility of a jury nullification even if it is a very remore possibility.


I've discussed this possibility too. His lawyer has got to do his best Perry Mason impersonation against a stacked deck.

130 posted on 04/22/2010 10:58:54 PM PDT by Red Steel
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To: SeaHawkFan
Every citizen should have the right to question the constitutional qualifications of a President through a quo warranto action.

Amen to that.

147 posted on 04/23/2010 4:40:15 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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