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To: STARWISE
In that dismissal, Carter ruled that the federal courts do not have the constitutional power to remove a sitting president - that only Congress has that authority.

This judge was either bought or given an offer he couldn't refuse. Nobody was asking him to remove Obama from office. Only to require him to demonstrate that he is constitutionally qualified to act as Commander in Chief and give orders to the troops.

If he can demonstrate that he is qualified by coming up with the evidence in court. Fine. If not, then the Judge can demand that he come up with the proof. And then Obama's lawyers can appeal.

Obviously he can't fire Obama on his own authority. But he can require discovery: that Obama produce his proper birth records or be found in contempt.

2 posted on 01/14/2010 10:15:36 AM PST by Cicero (Marcus Tullius)
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To: Cicero
This judge was either bought or given an offer he couldn't refuse. Nobody was asking him to remove Obama from office. Only to require him to demonstrate that he is constitutionally qualified to act as Commander in Chief and give orders to the troops.

Read Orly's Complaint. That's exactly what she asked for.

If he can demonstrate that he is qualified by coming up with the evidence in court. Fine. If not, then the Judge can demand that he come up with the proof. And then Obama's lawyers can appeal. Obviously he can't fire Obama on his own authority. But he can require discovery: that Obama produce his proper birth records or be found in contempt.

Federal courts don't work that way. A case cannot be filed simply asking for discovery. Discovery is merely a way of gathering evidence for a trial. Before you can ask a federal judge to order discovery, there must be a case which asks the court to do something that the court has the authority to do.


5 posted on 01/14/2010 10:21:12 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Cicero

Right, and I believe thats all she is trying to do..get his documents opened up. Someone else can take it from there.


6 posted on 01/14/2010 10:24:46 AM PST by New Yawk Minute
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To: Cicero
This judge was either bought or given an offer he couldn't refuse.

The fact that the plaintiff's attorney was an incompetent boob and a total nutcase didn't help the case along any either.

9 posted on 01/14/2010 10:33:26 AM PST by Non-Sequitur
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