Constitutional Law, Criminal law, Military, Politics, Society

Active Duty Soldier Joins Lawsuit Challenging Obama’s Right to Serve as President

lieuttwoLt. Scott Easterling has entered a novel fight while serving in Iraq: he is suing President Barack Obama. Easterling is calling the President an “impostor” and challenging his right to issue commands while his birth status is in question. It is one of a series of lawsuit challenging the right of the President to serve on the basis of his birth status. It appears that he could be joined by Senator Richard Shelby in the litigation. Shelby has refused to accept Obama citizenship until he sees a birth certificate.

Easterling is supporting challenges filed by California attorney Orly Taitz and her Defend Our Freedom Foundation. He issued a statement: “As an active-duty officer in the United States Army, I have grave concerns about the constitutional eligibility of Barack Hussein Obama to hold the office of president of the United States,” wrote Scott Easterling in a “to-whom-it-may-concern” letter.

The statement will raise an interesting question for an active soldier. It appears that Lt. Easterling is still following orders and he does have a right to file a lawsuit. However, calling the Commander-in-Chief an “impostor” in an out-of-court statement could be the grounds for discipline under the military code. Here is the statement that he released to the public:

To Any and All Interested Parties,
As an active-duty Officer in the United States Army, I have grave concerns about the constitutional eligibility of Barack Hussein Obama to hold the Office of President of The United States. He has absolutely refused to provide to the American public his original birth certificate, as well as other documents which may prove or disprove his eligibility. In fact, he has fought every attempt made by concerned citizens in their effort to force him to do so.
Until Mr. Obama releases a “vault copy” of his original birth certificate for public review, I will consider him neither my Commander in Chief nor my President, but rather, a usurper to the Office – an impostor.
My conviction is such that I am compelled to join Dr. Orly Taitz’s lawsuit, as a plaintiff, against Mr. Obama. As a citizen, it pains me to do this, but as an Offficer, my sworn oath to support and defend our Constitution requires this action.
I joined the Army at age 40, after working in Iraq as a contractor with KBR in ‘05/’06. I chose to work with KBR to support my troops and then left that lucrative position when the Army raised it’s maximum enlistment age to 40. Upon completion of Basic Training, I entered Officer Candidate School and commissioned as a 2LT in August 2007. After completing the subsequent Basic Officer Leadership courses, I was assigned to Ft. Knox and shortly therafter deployed to Balad, Iraq. I was promoted to 1LT on Feb. 2, 2009 and I have approximately five months remaining of our fifteen month deployment.
I implore all Service-members and citizens to contact their Senators and Representatives and demand that they require Mr. Obama prove his eligibility. Our Constitution and our great nation must not be allowed to be disgraced.
Very Respectfull,
Scott R. Easterling
1LT OD/LG
United States Army

[Update: Now a second soldier has reportedly joined Easterling in his challenge to the President’s legitimacy.

The case may follow the same course as the court martial of Lt. Ehren Watada for his public comments against the Iraq war. His case led to some novel appeals and a mistrial. 225px-lt_ehren_watada

253 thoughts on “Active Duty Soldier Joins Lawsuit Challenging Obama’s Right to Serve as President”

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  6. Buddha:

    Great article. Here’s my favorite part:

    “Robertson ordered plaintiff’s attorney John Hemenway of Colorado Springs, Colo., to show why he hasn’t violated court rules barring frivolous and harassing cases and shouldn’t have to pay Obama’s attorney, Bob Bauer, for his time arguing that the case should be thrown out.”

  7. Thanks for the link, Buddha. Conservatives are constantly whining about “frivolous law suits.” It’s about time that they were reminded what the phrase means. I hope more judges will use the rules and their inherent authority to slap sanctions on lawyers and plaintiffs who insist on pursuing this nonsense.

  8. Great digging, Vince. Of course, by tomorrow someone else will pop up and start all over again. It appears that dealing with trolls on this site is a lot like whack-a-mole.

  10. Vince,
    Your work on debunking this is superb and I’m saving all of your comments on my hard drive for future use. You beautifully exposed shady’s moving target strategy. He was slightly more adept than the usual troll, but far below the standards you set and expanded. Thank you for the learning experience.

    Gnome,
    Good catch.

  11. Vince,

    Somewhere Penn & Teller are applauding. Good show!

  12. Yeah, Ballad of High Noon, or Do Not Forsake Me Oh My Darling, one of my all-time faves, had a sublime rhyme, unique in the annals of English language poetry:

    “He made a vow while in state’s prison
    That it would be my life or his’n.”

  13. Shadow also repeated his statement that “people can get birth certificates in Hawaii not being born there.” March 2, 2009 at 10:58 am

    A poster at another site called the Department of Health in Hawaii and was told “that in cases of a child born overseas to American parents, under that often-cited 1982 law, they will issue a ‘certificate of foreign birth.’ The state would NOT falsify the facts to certify birth in Honolulu, as it states on Obama’s document. So if you accept that the Certification of Live Birth is valid (and I do), you have to accept that he was born in Honolulu. There was no way to get a certificate like that otherwise.” See post by “Roselani” at Dec. 15, 1:00 PM.

    The poster added that “I’ve checked out the ‘evidence’ myself, at the source, and you can’t, in fact, transform a foreign birth into a local one on a state document.” Dec 15, 11:53 PM

    These are at the conservative site American Thinker in the comments to an article by Randall Hoven; click on “comments” and scroll down.
    http://www.americanthinker.com/2008/12/natural_born_pickle.html

    This just confirms what I have been saying all along. The records of the Department of Health show that Obama was born in Hawaii. If those underlying records had showed otherwise, the Department would have had to issue a certificate of foreign birth showing birth in Kenya or wherever else it took place.

    Such a certificate of foreign birth, issued by a state agency, might be very helpful to adopted or immigrant children and adults, since they could show the same kind of official document for drivers licenses that everyone else shows, and the issuing officers would be familiar with it.

    The officials in Hawaii have certified that the Obama Certification of Live Birth (COLB) is valid and authentic. If it is revealed that the underlying records show otherwise, I suspect that they would lose their jobs and careers and face criminal charges. I seriously doubt that they would do so as long as those records exist.

    So much for the urban myth that Hawaii issues fictitious birth certificates to foreigners.

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