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To: jude24
2. Even assuming that Pres. Obama was illegitimate - that doesn't make the orders for her to deploy illegal. SecDef Gates, and other personnel confirmed by Congress - NOT the President - cut her orders. They are legal.

They are acting under orders and the authority of the President who is the Commander In Chief in times of war. They issue orders by dir.

The crux of the issue is that if the CIC is not legally authorized to be CIC, then all subsequent actions are illegal. This is not sedition, nor is it mutiny. There are simply too many questions that the man refuses to answer that are questioning his legitimacy.

32 posted on 09/04/2009 12:11:14 PM PDT by rjsimmon (1-20-2013 The Tree of Liberty Thirsts)
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To: rjsimmon
The crux of the issue is that if the CIC is not legally authorized to be CIC, then all subsequent actions are illegal.

First of all, even assuming the underlying assumption of your argument, that is not true. President Obama, even if he were technically unqualified, still holds apparent authority - and Congress, by seating him, has ratified his apparent authority with actual authority.

This is first year law school stuff.

36 posted on 09/04/2009 12:14:15 PM PDT by jude24
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To: rjsimmon
This is not sedition, nor is it mutiny.

Yeah, it is:

ART. 94. MUTINY OR SEDITION
(a) Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

92 posted on 09/04/2009 5:20:37 PM PDT by Non-Sequitur
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To: rjsimmon
President who is the Commander In Chief in times of war.

The President is Commander in Chief, all the time, war or no war.

172 posted on 09/12/2009 9:01:10 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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