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.
Yes, ultimately Orly is working for Obama’s removal. But she is asking the judge to examine the evidence she has provided that he was born in the Coastal Province of Kenya and therefore has no legitimate claim to give orders to the military. And they are putting themselves in legal jeopardy if they obey orders from an illegitimate authority. According to international law, going back for centuries, and according to the Nuremberg trials, to take one instance, it’s not enough for a soldier to say that he is obeying orders. They must be legitimate orders. You can’t just close your eyes to such questions and obey blindly.
But this judge is not expected to remove Obama personally. He is expected to consider the evidence and the particular case in question—can military personnel be expected to obey the commands of a commander whose legitimacy is in real doubt?
So, he should either be calling in expert witnesses to argue whether the evidence Orly provided appears to be legitimate, or is forged, or he should be asking Obama to provide the usual evidence that he is a natural born American citizen with a right to be President.
Nothing unusual about that. Nothing private or personal about that. Every American is expected to come up with a valid birth certificate if the situation and the law call for it.
Sooo basically what you're saying is that you cant get there from here. This is one gigantic load. If the Judiciary does not have the authority to determine the eligibility of a candidate for the presidency according to the Constitution, then just who does?