Monday, February 18, 2013

How I celebrate President's Day 2013

I thought it appropriate -- and a little bit funny -- to wait until President's Day to release my latest -- and I think last -- volley into the battle to establish that Mr. Barack Hussein Obama, II, is ineligible to be President of the United States.

So today I am releasing a new computer-virus like Motion which seeks to emulate a computer generated Directed-Denial-of-Service network attack on the Federal Criminal Justice System.  My Nyguen Motion arises from the United States Supreme Court’s opinion in Nguyen v. United States, 539 U.S. 69 (2003), which held that any decision of an improperly constituted judicial body must be vacated.  In total, Obama has appointed 173 judges, namely two Justices to the Supreme Court, 30 judges to the United States Courts of Appeals and 141 judges to the United States District Courts.

The argument of the Nyguen Motion is straightforward: (i) Article II, Section 2, clause 2 grants the President the power to “appoint” federal judges, (ii) Obama is not eligible to be President as he is not a “natural born Citizen” and has refused to tendered any admissible proof that he is even a U.S. Citizen, (iii) therefore, his appointments are void under the holding of Nguyen v. United States and (iv) accordingly, all judicial acts by those judges – specifically including incarcerating prisoners – are void.

I have released the Nyguen Motion to prisoners convicted by Obama-appointed Judges and their defense attorneys and I expect the Motion to be filed in dozens of cases by them in the near future. Like a DDoS computer attack, my Nyguen Motion will circulate among the prison population and criminal defense bar. Once the Motion is properly presented, the Courts will be forced to deal with the merits of Obama’s legitimacy as the doctrine of ‘standing’ will no longer be a barrier to adjudication. My Nyguen Motion forces the Courts to make the choice of issuing the requested subpoenas – thereby finally settling the issue of Obama’s eligibility to be President – or affirming that the Sixth Amendment has been repealed by Judicial fiat because it threatens the status quo. Either way, we will know as a People whether it is time to convene a Constitutional Convention to re-assert our fundamental rights..


Anonymous said...

Nguyen does not repeal the de facto officer doctrine.

Even if Obama were ineligible, he's the de facto officer and thus all decisions by judges appointed by him stand.

The difference in Nguyen was that the panel wasn't properly constituted.

The court in Nguyen cites the de facto officer doctrine "which confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment to office is deficient". Which is what would apply in the hypothetical scenario that Obama were ineligible.

In contrast, the court said Nguyen is different because "there has been a violation of a statutory provision that embodies weighty congressional policy concerning the proper organization of the federal courts".

In other words, if the judge was appointed by an ineligible President, the former applies.
If the wrong judge is part of the panel, the latter applies.

Not hard to understand if one tries to.

Anonymous said...

Both are interesting arguments, I may have to see the 4 judge dissent before weighing in.

Anonymous said...

The minority opinion basically states that Nguyen's rights were not substantially affected because the "wrong" judge was competent ("Petitioners have not shown that the claimed error seriously affected the fairness, integrity, or public reputation of judicial proceedings."), and also that Nguyen forfeited his right to challenge the judge because he did not do so during the original proceedings despite knowing it was the "wrong" judge.

Anonymous said...

I like the point of this. Tell a convict he was wrongly convicted. See if they wont' fill the courts with law suits and appeals

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