Thomas A. Lamb believes that citizens have a right to see the personal records of candidates for President, including their college and medical records. He filed suit against Obama and Romney in Alaska Superior Court to get them. (Romney was eventually dropped as a defendant.)
The Superior Court ruled against Lamb for 4 reasons:
- Failure to prefect service
- Lack of standing
- Lack of subject matter jurisdiction
- Failure to state a claim for relief
Lamb lost on appeal and on March 12, the Alaska Supreme Court affirmed the dismissal on items 2-4, not addressing service.
Read the decision.
In Judge Pfiffner’s opinion he outlines why Lamb’s claims of fraud fail. If birthers had any sense they would read that section and apply it to the CCP stuff. Then they might begin to understand why the CCP will fail in the March/April/Summer reveal.
as expected
We’ve all heard those grounds for dismissal before. The problem with birther pro se or Orlylaw plaintiffs is that they never seem to learn from their mistakes.
And these are not some trivial failures, they reside at the foundation of our legal system.
Well, anyone who doesn’t prefect service deserves what they get, but can we agree on a general point?
Doesn’t anyone who is under the jurisdiction of the Commander-in-Chief, whose life is subject to the whims and judgment of the military’s leader – doesn’t any such individual have a tangible interest in the birth documents that substantiate the nativity claims of the one with all the power?
Didn’t Terry Lakin, and anyone serving in the military, have a tangible interest in the birth records of the prez?
Shouldn’t Hawaii allow them to see the originals?
The answer is: Of course.
It was a rhetorical question.
Thank you for your indulgence.
No, not at all, I fail to even understand your so-called logic.
In fine, it is the role of your Congress to vet your President. Once that is done, the game is over.
Could you imagine the chaos if every member of the armed forces had the right to check, double check & triple check the credentials of everyone issuing orders?
No, we cannot agree on your point, which is ludicrous.
You need to read up on the de facto officer doctrine. Google it.
When I was in the Navy, I did not have the right to demand to see proof that my Commanding Officer actually graduated from Annapolis or proof that he had actually been appointed to be the Captain of my ship. I did not have the right to say “Show me your papers.”
And Hawaii law spells out who has a tangible interest in seeing the birth records of someone born in Hawaii. Terry Lakin did not qualify.
The short answer to your questions is NO! The long answer is still NO!
Lakin’s option was to obey the lawful order of his immediate superior, or chain of command, and he chose not to do so, at which point, he self destructed his career, and probably his life. Whether he liked or believed that there was someone in his chain of command who was not whatever, is irrelevant to his disobeying a direct order.
As to your questions, rhetorical does not cover stupid and ignorant.
papers please
birfzarro ordered
from his new superior
them’s the rules
for those not born
with a white exterior
burma shave
Disrespect, defiance and willful ignorance of U.S. law are common characteristics of birtherism.
/offtopic
I have a good friend who loses in chess all the time because he makes the same dumb mistakes over and over again. He loves to go skirmishing with his cavalry …
No birther seems to even remotely understand how the military operates, which makes me doubt (m)any of them ever actually served (and the few who obviously did, like Kerchner, are intellectually dishonest).
According to the de facto officer doctrine, all orders from an ineligible President are still legal and valid.
Only orders which are themselves illegal on their face (such as “shoot these children!”) can legally be disobeyed. “I believe the CiC was born in Kenya” is not grounds for disobeying orders.
The day of my high school graduation it was announced that the principal had been fired. We later learned that he falsified his qualifications and he was not actually qualified to be a high school principal.
His signature is on my diploma, but I have confirmed that the diploma is valid. The de facto officer doctrine in action!