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Originally posted by adifferentbreed
Funny, the birthers are hateful, moronic, stupid....you pick the adjective, and yet it seems to be the Obama supporters with the vast majority of negative name calling responses.......
Lind also said that military law says that a soldier's personal beliefs or convictions are not sufficient to allow that soldier to determine that an order is illegal. The soldier has to have "no rational doubt" that the order is illegal before he or she can ignore it.
...
Afterward, Jensen said he respected the judge's ruling, but called it distressing.
Originally posted by Emilymary
Under international law if an act of violence or a killing etc is committed by military personnel who have not committed said act in the name of lawful command of their CinC then that military person is personably liable for the act and it is a crime - not an act of war.
Originally posted by Benevolent Heretic
Doesn't make sense, does it? That's because she didn't say that.
Originally posted by Emilymary
Let me make it simple for you.
The proof is in the records being so extraordinarily held secret and sealed.
This is why his lawyer issued for discovery.
The fact that records are open showing Barry Soetoro as an indonesian citizen are sufficient to raise a reasonable doubt as to whether he is a leagl POTUS with legal US citizenship etc.
The birth certificate is partly a red herring as his place of birth is but one questionable facet of the whole affair.
Where ever he was born he was born a dual USA/British citizen - immediately not'natural born' as the constitution requires.
However when he was adopted in Indonesia he unquestionably became an Indonesian Citizen losing his US citizenship.
It is alleged he travelled on an Indonesian passport but all records of his passport holdings - Indonesian or American are sealed.
There is no record that he ever gave up his Indonesian citizenship and took US citizenship and no record he ever changed the legal name of Barry Soetoro to Barack Obama.
It is alleged he attended American education as an overseas student. All records are sealed.
Mr Lakim needs to know that he is serving under a legitimate CinC.
If all the records are sealed he cannot know this unless they are released.
Under law he could expect the records to be released as they are vital to his case.
He refuses to deploy unless his orders have legal sanction.
He has now been denied what is basic justice by the refusal to release the records to save Soetoro 'embarrassment'.
The judge claims the question is for Congress.
This of course is nonsense. Congress only allows other peoples children to fight its mostly illegal wars and put their lives on the line.
To Lakim it is a question of vast importance. It decides whether he becomes a legitimate serving soldier or international war criminal.
Originally posted by soleprobe
your source says Philip Cave said she didn't mean that. There is no quote of the judge saying she didn't mean or say that so your point is moot.
Originally posted by Benevolent Heretic
Here is another article (CNN) on this issue.
Originally posted by Emilymary
The records exist but are sealed.
There is no dispute as to the information therein.
The file is the proof.
Originally posted by Emilymary
If they knew they wouldn't need to ask for them.
Using the courts to find out information beyond the fair scope of the lawsuit. The loose, vague, unfocused questioning of a witness or the overly broad use of the discovery process. Discovery sought on general, loose, and vague allegations, or on suspicion, surmise, or vague guesses.
I fail to understand why the normal practice and concept of 'discovery' be suspended when it comes to Soetoro/Obama.
Originally posted by Emilymary
If there is expectation based on the fact that Soetoro is a known Indonesian citizen
Originally posted by Emilymary
The records exist but are sealed.
The information needed is in those records.
They exist. They are. They are sealed. There is no dispute as to the information therein.
What is in the record - for instance an application for passport has to exist within the record.
If it is sealed then the information is required to show whether or not Soetoro/Obama is legit.
I cannot follow the argument that we don't have proof to request the opening of the files.
The file is the proof. Under law those files should be made available to the defendent.
To save Soetoro 'embarrassment' they are being denied.
As the clip I posted from revolutionary politics explains this is total injustice and an abuse of power and a denial of the defendent's rights.
Originally posted by Emilymary
Well like any action to 'discover' documents in any court action you apply for the document to dicover what is in it - hence the word 'discovery'.
This happens all the time.
Why in this case do you demand that the defendent prove what is in them first.
Defeats the object completely.
If they knew they wouldn't need to ask for them.
I fail to understand why the normal practice and concept of 'discovery' be suspended when it comes to Soetoro/Obama.
Why would anyone issue a writ for discovery if they had to have PROOF of what they wanted to discover.
Its ludicrous.