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Judicial Watch Asks Court to Declare Clinton Constitutionally Ineligible to Serve as Sec. of State
Judicial Watch ^ | 08 July 2009 | Judicial Watch

Posted on 07/08/2009 9:36:54 AM PDT by BGHater

Files New Motion in Lawsuit on Behalf of State Department Foreign Service Officer

Contact Information:
Press Office 202-646-5172, ext 305


Washington, DC -- July 8, 2009

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that on July 2 it filed a motion with a special panel of three federal judges in the District of Columbia asking the court to declare Hillary Clinton ineligible to serve as Secretary of State. The Judicial Watch lawsuit, filed on behalf of a U.S. Foreign Service Officer and State Department employee David C. Rodearmel, maintains that the "emoluments clause" of the U.S. Constitution prohibits Mrs. Clinton from serving as Secretary of State until January 2013, and that Mr. Rodearmel cannot be forced to serve under the former U.S. Senator, as it would violate the 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 (Rodearmel v. Clinton, et al., (D. District of Columbia)).

Government lawyers had previously filed a motion to dismiss the lawsuit. Judicial Watch filed an opposition to the motion to dismiss, as well as a "cross motion for summary judgment."

According to Article I, Section 6 of the U.S. Constitution: "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." The text of the provision is an absolute prohibition and does not allow for any exceptions. However, as noted in the motion, "the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate, including as many as three times during the second, six-year term to which she was elected."

Congress attempted to circumvent this constitutional provision by "rolling back" compensation for the position of Secretary of State to the level in effect on January 1, 2007, when Mrs. Clinton's second term in the Senate began. The motion maintains: "This [fix] does not and cannot change the historical fact that the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate." Judicial Watch also notes that throughout the nation's history, "the Ineligibility Clause was readily understood and applied consistent with its plain language." Only relatively recently have government officials attempted to get around this constitutional provision through legislative quick fixes.

"Congress must not be allowed to do an end run around the U.S. Constitution," said Judicial Watch President Tom Fitton. "Hillary Clinton is ineligible to serve as Secretary of State until 2013. The Constitution is crystal clear on this point. We hope the court puts a stop to this naked attempt to circumvent the Constitution in the name of political expediency."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: bho44; bhostatedept; clinton; constitution; judicialwatch; secretaryofstate; soshillary; unfit
*Note*

I had to edit title to fit into title header.

Correct Title:

'Judicial Watch Asks Court to Declare Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State'

1 posted on 07/08/2009 9:36:56 AM PDT by BGHater
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To: BGHater

Good luck. This will attract as much interest and attention as Barry’s nationality and birth certificate.


2 posted on 07/08/2009 9:38:51 AM PDT by tips up
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To: BGHater

Three cheers for Judicial Watch!


3 posted on 07/08/2009 9:39:52 AM PDT by NorwegianViking (Organizing for America)
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To: BGHater

A man not eligible to serve as POTUS. A woman not eligible to serve as Secy of State. Both are RATS. Both are corrupt, contemptible creatures that are prime examples of the adage “sh*t does indeed float”.


4 posted on 07/08/2009 9:40:48 AM PDT by lilylangtree (Veni, Vidi, Vici)
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To: BGHater

at this point Hil will likely shake their hand and thank them for this


5 posted on 07/08/2009 9:40:54 AM PDT by Buckeye McFrog
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To: tips up
Good luck. This will attract as much interest and attention as Barry’s nationality and birth certificate.

Yeah, the Constitution is such a petty annoyance these days.

6 posted on 07/08/2009 9:43:00 AM PDT by TChris (There is no freedom without the possibility of failure.)
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To: BGHater
"Congress attempted to circumvent this constitutional......"

This administration & Congress are circumventing the Constitution on a daily basis....let me count the ways!!

Hope they get zapped on this one - with many more to follow, in order to put a stop to this.

7 posted on 07/08/2009 9:44:07 AM PDT by LADY J
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To: BGHater

This is a wasted effort. The law and constitution only applies to us lesser beings, not the ruling class.


8 posted on 07/08/2009 9:45:55 AM PDT by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: BGHater

Hillary is ineligible. Hadn’t heard that one before.
The Bigger Pink Elephant in the Room is still that Obama is ineligible. If and when that gets out, the biggest fraud ever perpetrated...the curse “may you live in interesting times” will really kick in to high gear.


9 posted on 07/08/2009 9:46:17 AM PDT by TheConservativeParty ("Government is not reason, it is not eloquence, it is force." George Washington)
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To: BGHater

I’m sorry, but after all the Klayman Era Judicial Watch Press Releases, you’ll forgive me if this one doesn’t get the same response as a headline stating “The Sky is Blue” would recieve.


10 posted on 07/08/2009 9:47:26 AM PDT by Lord_Baltar
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To: tips up

Good luck. This will attract as much interest and attention as Barry’s nationality and birth certificate.

I would rather they leave her alone and go after Obama. She is just illegal for a few years...He is “illegal” for life and is in the highest position in the United States.


11 posted on 07/08/2009 9:48:23 AM PDT by napscoordinator
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To: LADY J

Where is the F.B.I. ????!!!!!

It stands for F’n Bureau of INCOMPENTENTS ! ! !


12 posted on 07/08/2009 9:49:44 AM PDT by Huebolt
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To: BGHater; doug from upland

Doug,
Another try to get Hillary. What ever became of those lawsuits? It has been a while since you have posted anything. Something must be simering.


13 posted on 07/08/2009 9:50:57 AM PDT by napscoordinator
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To: LADY J
This administration & Congress are circumventing the Constitution on a daily basis...

As well as the judicial system including the Supreme Court!!!!

14 posted on 07/08/2009 9:51:22 AM PDT by JohnG45
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To: BGHater

Reads as if it really is ILLEGAL for that sorry witch to head our State Department.


15 posted on 07/08/2009 9:53:01 AM PDT by Republic ( Uhbama has sleezed his way through life.)
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To: BGHater

Haven’t any of you heard? The Constitution is a living, breathing document, continually evolving and re-inventing itself. It’s an on-going conversation among the American people.


16 posted on 07/08/2009 9:54:00 AM PDT by Oratam
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To: Oratam
Oh, I've heard the story before. Don't take it literal.
17 posted on 07/08/2009 9:55:55 AM PDT by BGHater (Insanity is voting for Republicans and expecting Conservatism.)
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To: lilylangtree
A man not eligible to serve as POTUS. A woman not eligible to serve as Secy of State. Both are RATS. Both are corrupt, contemptible creatures that are prime examples of the adage “sh*t does indeed float”.

This problem was brought up prior to her actually being nominated as Secretary of State. So lets not place all the blame on the Democrats. Not a peep was heard from any Republican Representative or Senator. That's the problem.

We expect corrupt behavior from the Democrats, so who will protect our interests?

Republicans? Quite obviously not!!!

18 posted on 07/08/2009 10:11:45 AM PDT by JohnG45
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To: JohnG45

“Republicans? Quite obviously not!!!”

They’re all playing the game of avaricious self-interest, and they’re playing it with our money. We all know that, right?


19 posted on 07/08/2009 10:25:26 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: BGHater

Once Hillary resigned she no longer was a “Senator or Representative” so I doubt it applies. It seems the law was intended to keep congresscritters from serving in the House or Senate and in a Federal capacity at the same time.


20 posted on 07/08/2009 10:26:59 AM PDT by Bob J ("For every 1000 hacking at the branches of evil, one strikes at it's root.")
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To: BGHater

Judicial Watch’s fund raising must be hurting. Time to sucker naive conservatives with more pointless red-meat lawsuits. “Yes. We are going to stop Hilary. So keep those dollars coming folks!”


21 posted on 07/08/2009 10:33:22 AM PDT by Seruzawa (Obamalama lied, the republic died.)
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To: BGHater

For later


22 posted on 07/08/2009 10:41:19 AM PDT by Salvation (With God all things are possible.)
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To: BGHater
'Judicial Watch Asks Court to Declare Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State'

It would have more fitting if they had included PINO, the illegal alien and usurper occupying the White House, circumventing the Constitution!!!

23 posted on 07/08/2009 11:16:24 AM PDT by danamco
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To: Huebolt; JohnG45
The FBI & Supreme Court do not seem to be on the side of the people.

It might be of some help if the spineless Republicans would take a stand for us. Sadly, I think we are on our own.

24 posted on 07/08/2009 12:31:21 PM PDT by LADY J
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To: TChris

Sure seems to be that way. Jacko’s funeral seems far more interesting to the media and public than truly important issues.


25 posted on 07/08/2009 2:44:40 PM PDT by tips up
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To: Seruzawa
I always liked a description of Judicial Watch which I used to see here:

Judicial Watch is like Al Sharpton and Jessie Jackson with a law degree

.

26 posted on 07/08/2009 3:30:09 PM PDT by Elle Bee
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