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Military Commanders issuing orders do so on behalf of the President (LTC Lakin)
Military Law and Precedents ^ | 1896 | Colonel William Winthrop

Posted on 08/07/2010 8:22:35 PM PDT by bushpilot1

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To: jamese777

The 20th Amendment isn’t about the time between the election and January 20th. It’s about what happens on January 20th if the President elect has “failed to qualify” by then. At that point only the VP elect can “act as President”. The 20th Amendment governs what is supposed to be happening TODAY.

Obama is not allowed to have the presidential powers right now.

Anybody who is harmed by him illegally exercising those powers has standing to sue right now - to sue for the violation of the 20th Amendment to be remedied.


101 posted on 08/08/2010 7:19:43 PM PDT by butterdezillion (.)
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To: centurion316

Where does the 20th Amendment ever mention either Congress or the political parties? What do they have to do with the price of tea in China?

Everybody in the world could sign a piece of paper saying Obama is qualified, but Hawaii has a specific rule that says that his birth facts can’t be legally determined until his BC is presented as evidence to a judicial or administrative person or body and it is decided whether the BC has any legal value.

At this point anybody who swears an oath that Obama is eligible is documentably perjuring themselves, because the fact of his birth cannot have ever been legally determined.

It’s the law in Hawaii. Neither Congress nor the DNC nor the HDP can just step over that law. They can try, because they’re lawless thugs. But if we are truly a nation of laws - if you truly support the rule of law - their attempts to sabotage the law or circumvent it should be met with outrage and a demand for the rule of law.

It makes me very, very sad to see people try to substitute the rule of MEN for the rule of law. Neither the DNC nor Congress can undo the requirement of HRS 338-17.


102 posted on 08/08/2010 7:24:44 PM PDT by butterdezillion (.)
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To: butterdezillion

The factS of his birth cannot have been legally determined (i.e. when and where he was born and to whom).


103 posted on 08/08/2010 7:26:19 PM PDT by butterdezillion (.)
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To: butterdezillion
I just don’t know where to look for that information. Any ideas?

That information can be found in CONPLANS or, when implemented, OPLANS and OPORDS. All military operations are derivatives of these plans. Deployment details can be found in the TPFDL (Time Phased Force Deployment List)associated with each CONPLAN/OPLAN. Unfortunately for you, access to these documents requires a valid SECRET clearance and a need to know. I fear you are out of luck.

104 posted on 08/08/2010 7:27:28 PM PDT by centurion316
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To: centurion316

There is no general outline of what each rank is authorized to do?


105 posted on 08/08/2010 7:28:28 PM PDT by butterdezillion (.)
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To: centurion316

What if a brigade commander tries to deploy somebody to Iran to fight the mullahs without a CONPLAN/OPLAN authorizing it?


106 posted on 08/08/2010 7:30:40 PM PDT by butterdezillion (.)
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To: butterdezillion

My dear, you are so completely clueless that it has become comical. You refuse to listen to any number of opinions from people who are clearly experts in your particular area of inquiry. Then, you immediately proceed to some pronouncement that illustrates how utterly ignorant you are and how determined you are to remain in that unfortunate condition. Since you are not interested in the answer, why do you continue to ask the questions?


107 posted on 08/08/2010 7:32:53 PM PDT by centurion316
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To: centurion316

You said that the authorizations for various levels of commands are found in the specific orders, and you gave the anachronisms. But, you said, I couldnt’ see any of those things. So I asked a general question about who can authorize what kinds of things. I presume that the anachronisms you mentioned involve the strategic plan which is drawn up at the higher levels, and they have schedules or frameworks to breakdown how the strategy divides into the smaller assignments. But that’s what I’m trying to find out. Nobody has been particularly helpful, although they all seem very willing to ridicule me for wanting to know.

So then - presuming that because these plans are only allowed on a classified basis and only on a need-to-know basis, they must be formulated at the higher levels - I translated it into the simple terms I’ve been asking about all along: What if a brigade commander ordered troops to Iran to fight the mullahs when that was not in the strategic plan set by the highest levels of the military and/or civilian leadership?

The question stands. I think it’s very valid, and if all these “experts” are so smart it should be a piece of cake to answer. So what’s the hold-up? Why not just answer?

If the deployment order that Lakin was supposed to receive was contained in an overall plan which only the top-level leadership can see, then how can anybody say that those orders are dependent of the top-level leadership?


108 posted on 08/08/2010 7:39:32 PM PDT by butterdezillion (.)
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To: butterdezillion

Jeesh. Should be:

If the deployment order that Lakin was supposed to receive was contained in an overall plan which only the top-level leadership can see, then how can anybody say that those orders are INdependent of the top-level leadership?


109 posted on 08/08/2010 7:41:41 PM PDT by butterdezillion (.)
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To: butterdezillion

I think that you need to direct these questions to a competent mental health professional. That is definitely not me. I sincerely hope that you do this, but I think it best that I end any and all communication with you. All the best.


110 posted on 08/08/2010 7:48:49 PM PDT by centurion316
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To: centurion316

Sigh.

The standard response to a question that should be easy for an expert to answer: leave, muttering something about me being crazy.

I believe it was Albert Einstein who said that a person who couldn’t explain something to a little child must not understand it himself.

I don’t think the question is that hard. It’s frustrating that nobody will answer it.

But I do wish you the best as well.


111 posted on 08/08/2010 7:54:34 PM PDT by butterdezillion (.)
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To: butterdezillion

The 20th Amendment isn’t about the time between the election and January 20th. It’s about what happens on January 20th if the President elect has “failed to qualify” by then. At that point only the VP elect can “act as President”. The 20th Amendment governs what is supposed to be happening TODAY.

Obama is not allowed to have the presidential powers right now.

Anybody who is harmed by him illegally exercising those powers has standing to sue right now - to sue for the violation of the 20th Amendment to be remedied.


Its surprising then that no one has been granted standing in 71 attempts.
What is the process for letting Obama know that he’s not allowed to have presidential powers right now? Should Mitch McConnell and John Boehner set up a meeting?

I think you’re forgetting that Obama’s Electoral College votes were certified and he was administered the Oath of Office. He’s the president and even though I know how much you hate hearing it, “de facto officer” is still in force.
Until there is some official body that rules Obama to be ineligible, he is entitled to exercise the powers of the office.


112 posted on 08/08/2010 8:13:12 PM PDT by jamese777
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To: butterdezillion

Okay. Here’s a document which sort of outlines things, although the anachronyms are hard to follow for a novice like me.

www.dtic.mil/doctrine/jrm/jplan.doc

This is what it says:
>>>>>>>>>>>>>>
There are several types of deliberate plans that are prepared under joint procedures and in prescribed formats as either an OPLAN, CONPLAN with or without time-phased force and deployment data (TPFDD), or functional plan.

An OPLAN is a complete and detailed operation plan containing a full description of the concept of operations. It identifies the specific forces, functional support, deployment sequence, and resources required to execute the plan and provides closure estimates for their movement into the theater.

A CONPLAN without TPFDD is an operation plan in an abbreviated format that would require considerable expansion or alteration to convert it into an OPLAN, campaign plan, or OPORD. It contains the CINC’s Strategic Concept and appropriate annexes.

A CONPLAN with TPFDD is a CONPLAN that requires more detailed planning for phased deployment of forces. Detailed planning may be required to support a contingency of compelling interest and critical to national security but is not likely to occur in the near term. It may also be required where the primary purpose is force movement planning in support of alliances.

A functional plan involves the conduct of military operations in a peacetime or permissive environment. These plans are traditionally developed for specific functions or discrete tasks, such as nuclear weapons recovery or evacuation, logistics or communications, but may be developed to address functional peacetime operations such as disaster relief or humanitarian assistance. (JP 5-0, Chapter I, para 13a) “
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

I don’t see any other explanation for CINC so I would gather that means Commander-In-Chief. Do I have that right?

Seems like the first step where the CINC’s input is translated into military plans is a CONPLAN, which needs to be developed into an OPLAN which would include overall plans for troop deployment.

As I understand it, that would mean that if Obama authorizes a “surge in Afghanistan”, that is basically a CONPLAN. The Joint Chiefs of Staff work together to develop that into an operational plan (OPLAN) which includes figuring out what forces need to be where and when. Those plans are implemented by the units called upon.

Am I making sense of this at all? I don’t claim to be an expert, but I am a willing and eager learner and if anybody can help me make sense of it, or correct me where I am wrong, I would be most appreciative.


113 posted on 08/08/2010 8:23:24 PM PDT by butterdezillion (.)
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To: jamese777

I haven’t said that Obama is not president. I’ve said that he is not allowed by the 20th Amendment to exercise the Presidential powers.

Taking the oath of office is one of the 2 Constitutional requirements for someone - whether they are the President already or not - to be able to exercise the presidential powers. The other requirement is that they must “qualify” by Jan 20th. If Obama took the oath of office he meets ONE of the two requirements. He can’t have the presidential powers until he meets BOTH requirements.

So saying that he took the oath of office is neither here nor there to the question of whether he ever “qualified” - the other Constitutional prerequisite for exercising the Presidential powers.

Obama never “qualified”. The 20th Amendment says that the VP elect (Joe Biden) is to “act as President”.

As long as somebody besides Joe Biden is acting as President, the 20th Amendment is being violated, since Obama failed to qualify by Jan 20, 2009.


114 posted on 08/08/2010 8:27:34 PM PDT by butterdezillion (.)
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To: butterdezillion
Sad, isn’t it?

You don't find this surprising? Not a single active duty birther willing to disobey orders while standing in solidarity with Lakin to be Court-Martialed alongside him?

Why do you suppose this is?

115 posted on 08/08/2010 8:56:41 PM PDT by Drew68
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To: Drew68
Why do you suppose this is?

careerist (w/families)...& not a patriot?
...no insult intended, Freepers.


116 posted on 08/08/2010 9:06:00 PM PDT by skinkinthegrass (Zer0 to the voters: "Here's my DeathCARE Plan"...now....just die (quicky), please. :^)
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To: butterdezillion

Thank you. QED.


117 posted on 08/08/2010 9:25:11 PM PDT by txnuke (Obama votes "PRES__ENT" because he has no ID.)
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To: butterdezillion
7. The 20th Amendment says that if the President elect has “failed to qualify” by Jan 20th the Vice President elect is to “act as President”.

I watched the Inauguration live. After Justice Stevens swore in Biden, I heard him chuckle and say "Congratulations, Mr. President."

That was only in the live feed. Any stored video has had the audio amended. But I know what I heard. So did everyone else watching.

SCOTUS knows.

118 posted on 08/08/2010 9:29:11 PM PDT by thecodont
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To: bushpilot1

Interesting document.

Thanks for digging it up.


119 posted on 08/08/2010 10:31:02 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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To: bushpilot1

Interesting document.

Thanks for digging it up.


120 posted on 08/08/2010 10:32:09 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
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