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To: SvenMagnussen
The court will rule Obama’s birth records are irrelevant to the issue at hand, which is was he given those orders and did he disobey them by missing movement? The court will rule Obama’s birth records are irrelevant to that issue as a matter of law.
44 posted on 06/09/2010 1:53:11 PM PDT by colorado tanker
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To: colorado tanker

The de facto officer doctrine does not apply to Lakin because he made his concerns as to the eligibility of the CiC publicly know before POTUS was sworn in.

The de facto officer doctrine applies to defendants who raise concerns about the officer’s authority AFTER he is convicted. Lakin raised concerns before he was even charged.


46 posted on 06/09/2010 2:11:19 PM PDT by SvenMagnussen (Brown delivery gets there eventually (except for laptops).)
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To: colorado tanker
The court will rule Obama’s birth records are irrelevant to the issue at hand, which is was he given those orders and did he disobey them by missing movement? The court will rule Obama’s birth records are irrelevant to that issue as a matter of law.

The manual for Court's Martial *requires* that an officer facing dismissal be allowed to present the affirmative defense that the order(s) were unlawful.

Now it might be that the Court would rule that the orders were lawful regardless of the eligibility of the order giver, but that a different matter than just the issue of did he disobey the orders or not.

108 posted on 06/10/2010 11:23:44 AM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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