Skip to comments.Kuhner: Arpaio Probe Could Dwarf Watergate
Posted on 07/20/2012 12:11:33 AM PDT by Meet the New Boss
America may be facing a constitutional crisis. Sheriff Joe Arpaio of Maricopa County, Ariz., has made a startling declaration: President Obamas birth certificate is fraudulent. If true and I stress if then this scandal dwarfs Watergate. In fact, it would be the greatest political scandal in U.S. history.
Recently, Sheriff Arpaio held a news conference. He said that his team of independent investigators composed of former law enforcement officials and reporters have for months meticulously examined the computer-generated birth certificate that Mr. Obama revealed to the public in April 2011. Their stunning conclusion: The document is a forgery. His chief investigator, Mike Zullo, says that the document is full of errors and omissions.
Sheriff Arpaios findings threaten to plunge America into an unprecedented crisis. For if and again, I emphasize if he is correct, then Mr. Obama has perpetrated the most elaborate hoax in U.S. history. A fraudulent birth certificate would mean that Mr. Obama is ineligible to serve as commander-in-chief. His presidency would therefore be legally and constitutionally illegitimate.
The consequences would shake the country to its very foundations. It would mean that he should be immediately removed from office impeached. Moreover, every law and executive order passed under his administration Obamacare, the economic stimulus, the Dodd-Frank financial reform, the government takeover of General Motors and Chrysler, the granting of amnesty to nearly one million illegal immigrants, the National Defense Reauthorization Act, the drone assassination list would be null and void. The logic is inexorable: Should the presidents legal authority be deemed invalid, then everything resulting from it is also baseless. The Obama presidency would be overturned. Mr. Obama himself would be facing criminal charges and possible jail time for committing fraud.
(Excerpt) Read more at times247.com ...
That's not correct; Obama would not be the first governmnet official found to have held an office for which he in fact was not eligible, and under the de facto officer doctrine actions taken by him would not be void.
It will be necessary for Congress and a new president to actually repeal laws signed by Obama such as Obamacare.
Also, the Constitution vests exclusive authority in the Congress to impeach, convict and remove a president.
Even if the evidence is established in a court proceeding that the birth certificate was forged, the House would have to vote to impeach and the Senate would have to vote to convict him.
Furthermore, if Obama loses the election, as was the case with Clinton's crimes when he left office, we will hear the refrain "can't we just move on" from both Democrats and Republicans.
And if Obama wins the election with these birth certificate allegations hovering over him, the politicians and the mainstream media will claim that the voters have spoken and do not care about the forged birth certificate and therefore there should be no impeachment proceeding.
We need to both defeat Obama in the election and then we need to press our elected representatives to hold him accountable for his crimes in order to uphold the principle that the rule of law in America applies to all, ESPECIALLY those holding high office.
The probe could dwarf Watergate but it won’t, unfortunately. The media will just ignore it. This guy seems a bit late to the dance hall.
That's the truth. The GOP are a bunch of cowards. The Tea Party needs to work over time to get McCain and Boehner out of office.
>> the refrain “can’t we just move on” from both Democrats and Republicans
Yeah, and upon that refrain, best we compel them to move their pathetic asses out of the realm of governance they regularly abuse, exploit, and dishonor.
AZ went for McCain in large numbers. Idiots.
Fast & Furious ALONE involves the DEATH/MURDER of hundreds of human beings, including two U. S. law enforcement officials. One in the U.S. and one in Mexico. The cover up is FAR LESS important than the crime involved.
Yet, we have heard NOTHING from the media about the program, or WHY or WHO would ever be approve such a hair brained idea in the first place. Even after Obama endorsed the cover up by claiming Executive Privilege.
If Obama is fraudulent then everything he has done is as fraudulent.
Not only his birth is fraudulent but his Social Security and draft status are fraudulent.
And the Supreme Court is fraudulent if they don’t take this issue up.
I don’t understand why you would say that Obama’s laws, etc. would not be void. If he wasn’t legitimate, then game over, his signature on EVERYTHING would be null and void. If we went with your theory that Congress would have to repeal laws, etc. we would have to assume that Congress would actually do that. I don’t think that you are correct because what would also assume that they would be honest enough to do that.. Why would anyone else be deterred from doing this again except make sure that they have enough Congressmen and Senators to NOT repeal their laws.
It doesn’t make sense. It would be like my writing checks from your bank account and forging your name. I could write checks to friends & family and then it would just be on the honor system that they would return the money? No, it would be found that the checks were not legitimate and the checks would be found to be null and void.
Also, we can’t impeach someone who was never legitimate in the first place. He would be removed from office as well as Joe Biden. Boehner would be put in as President (thank God Nancy Pelosi isn’t Speaker anymore!!)
I’m not a lawyer, but I have been following this story for several years and I have never heard anyone say those things before.....
De facto officer doctrine can only be cited by ignoring the Constitution's own requirements placed on the office; i.e. to invoke it is deprivation of rights under color of law. (The rights being deprived are those of every citizen to a government which follows its binding Constitution.)
It’s just what the law is, as developed over centuries going back to English common law.
Under this legal doctrine, even though it is later discovered that a government official who holds color of official title to his office by virtue of a known election or appointment failed to meet a prerequisite of holding office, such as an eligibility requirement, nevertheless actions taken by him within the scope and by the apparent authority of that office will be considered valid and binding.
There is an argument to be made under the language in the cases that once the citizenry is on notice of the defect in the office-holder, that they are not entitled to rely on official acts and from that point on the acts should be considered void.
However, because the MSM has ignored or ridiculed this at least as of now I would not say that the citizenry at large is as aware of this, as say, the TomKat divorce, so I don’t think we are yet in a position to apply that aspect of the case law.
“...dwarf Watergate.” ?????
Bulls**t. We can’t even enforce the Law against Atty. Gen. Eric Holder who is in Contempt of Congress. We can’t even get him out of office. Fast & Furious would have dwarfed Watergate if Congress and the Senate had any ba**s.
Has he seen this:
OBAMAS KENYAN BIRTH RECORDS DISCOVERED IN BRITISH NATIONAL ARCHIVES
Well, yeah... duhh... I was kinda saying the same thing.
Yes but Obama and any other government official who deprives someone of a civil right by virtue of an official action is subject to the penalties under the statute 18 USC § 242 you cited and also the remedies under the analogous provisions of 42 USC § 1983 WHETHER OR NOT he is ineligible.
“Constitutional Crises” is putting it mildly. This case will determine if we do in fact have any constitution left.
‘bam, Eric, and Valjar have figured out that the principal “the law does not enforce itself.” They can rule by fiat until the legal apparatus forces them to stop. You can do a lot of stuff in the year or so it takes to file the legal paperwork.
They also know if we catch up with them, they’ll go down for a long time.
Check out Ulsterman’s new post; it gives you a pretty good idea of where they’re trying to take us. Puts it in a whole new perspective.
baloney de facto officer doctrine does not apply obama was challenged before he took office..keep reading case law
I feel like I am watching the old movie...
The Birth Certificate is fraudulent? Wow, this is really new news.
More propaganda. You don’t impeach someone who was and is ineligible to begin with. All acts are then fraudulent and void.
Correct me if I'm wrong, but I think Clean Hands Doctrine would also be in play, would it not? The De Facto Officer Doctrine exists to protect those who were innocent of the deception from unjust harm that would have befall them if the officer's actions were voided, but the Clean Hands Doctrine would imply that those who were in any way a party to the deception would not be entitled to such protection.