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Lawyers? 14th Amendment prohibits Kerry from Presidency?

 
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hatecelebs
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PostPosted: Thu Sep 16, 2004 4:03 am    Post subject: Lawyers? 14th Amendment prohibits Kerry from Presidency? Reply with quote

The 14th Amendment, Section 3, states:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Emphasis added.

Does this disqualify Kerry from the Presidency? Any constitutional lawyers out there?
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stevec
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PostPosted: Thu Sep 16, 2004 4:54 am    Post subject: Reply with quote

Yes it does. But in this day and age, can it be enforced? After Clinton's what does "is" mean. I have been saying this for the past month here.
Yes, it should prevent Kerry from holding ANY public office. It should also disable him to keep the Senate seat and even all wages and benefits from public office, including retirement and medical benefits. The spelling is clear, "Kerry is Not eligable to run for the Presidency" Period.
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PostPosted: Thu Sep 16, 2004 2:01 pm    Post subject: Reply with quote

any lawyers out there?
question. can a formal charge be made that he would have to answer to at a federal courthouse to address this issue by a citizen?
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dmackto
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PostPosted: Thu Sep 16, 2004 2:39 pm    Post subject: Reply with quote

I agree that he should not be running for president BUT since he is and the election is just 48 days away, if we successfully waged a campaign to get him removed from the ballot, how would it appear to the people around the world that are looking for chinks in our armor? Will it appear US elections are frauds? Will it shake the faith of the Afgan and Iraqi people that democracy does work?

They don't understand our system. Hell, we don't understand it often enough. I am afraid they would be told George Bush had his opponent removed from the ballot and the US elections are frauds. And I am afraid they would believe it.

For this reason, I'm not sure it would be a good thing to have Kerry removed from the ballot. He must be defeted so that the election of George Bush is validated in the eyes of the world. The democratic propaganda has been telling us and the world for four years that George Bush stole the election. Kerry needs to be defeated badly, the bigger the landslide the better. And THEN, after he is defeted, push for him to be removed from public office all together as he should have been to begin with.
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gia_lin_fo
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PostPosted: Thu Sep 16, 2004 2:44 pm    Post subject: Re: Does 14th Amendment, Sec. 3 prohibit Kerry from Presiden Reply with quote

hatecelebs wrote:
The 14th Amendment, Section 3, states:

...

shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Emphasis added.



Unfortunately, it does not state how the facts are to be established, and, fortunately, I don't think he can get two thirds of each House to support him. I believe he gave aid and comfort to the enemy, but, my beliefs only count on 2 Nov.
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EODARMY
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PostPosted: Thu Sep 16, 2004 5:20 pm    Post subject: Sue Reply with quote

Sue the federal government for failing to enfore the law. No need for Congress to get involved. If a lawsuit were filed, the issue would go to the Supremes before the election!!!!!!!!!!!!!!!
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bsjracing
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PostPosted: Thu Sep 16, 2004 5:23 pm    Post subject: Reply with quote

october surprise? Shocked
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happyday
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PostPosted: Fri Sep 17, 2004 5:58 am    Post subject: Reply with quote

dmackto wrote:
I agree that he should not be running for president BUT since he is and the election is just 48 days away, if we successfully waged a campaign to get him removed from the ballot, how would it appear to the people around the world that are looking for chinks in our armor? Will it appear US elections are frauds? Will it shake the faith of the Afgan and Iraqi people that democracy does work?

They don't understand our system. Hell, we don't understand it often enough. I am afraid they would be told George Bush had his opponent removed from the ballot and the US elections are frauds. And I am afraid they would believe it.

For this reason, I'm not sure it would be a good thing to have Kerry removed from the ballot. He must be defeted so that the election of George Bush is validated in the eyes of the world. The democratic propaganda has been telling us and the world for four years that George Bush stole the election. Kerry needs to be defeated badly, the bigger the landslide the better. And THEN, after he is defeted, push for him to be removed from public office all together as he should have been to begin with.


I agree, but I'm going to put in my legalistic two cents worth. First, Kerry has not been charged with either treason, giving aid and comfort to the enemy, or conspiracy to overthrow the government in either a military or civilian court, and I believe that it would be necessary to not only charge him but also to convict him on these charges to prevent him from holding office. Might make a nice Christmas present, waddaya think? Twisted Evil
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army72
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PostPosted: Fri Sep 17, 2004 8:28 am    Post subject: Reply with quote

As much as I have seen that his actions did give aid and comfort the the enemy, I know he has his attack dogs in place just in case. The MSM might implode if you take down the symbol of their party. One can only hope!!!!!!!

I would like to see a forum where O'Neill and others are allowed to explain all of the bizarre actions of JFKerry to the masses without interference. Then allow the reporters or talking heads to ask specific questions and allow for follow up. I believe many people in the democratic party would see this guy without their rose colored MSM biased stooges to do the interpreting. This story speaks for itself, but getting the truth through their media barriers is the tough job.

I do see a shift in tactics. Since they know they cannot win this battle, they've shifted to a race baiting attack. But this 'PROBLEM' is not going away. THE BIG VIETNAM HOMECOMING PARADE WILL BE HERE SOON!!!
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spartan
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PostPosted: Fri Sep 17, 2004 12:29 pm    Post subject: legal strategy Reply with quote

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, [b]shall have engaged in insurrection or rebellion against the same[/b], or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability


Hmmmmmm you have a case methinks

first of all from a previous post - it doesnt stipulate that a coviction in court is required. If the case can be made (solidly) that his actions during the two visits to Paris or during his meetings in kansas city or his actions "enjoining purgery to usurp national goals" prior to the winter soldier and congressional testimonies. Then I think you have it.

secondly - the case doesnt have to be settled by november

thirdly - ya ever hear of an injunction ??? Smile ( in this case to stop a violation of the 14th ammendment from happening)

fourthly - it will not be denied on the grounds of de minimis non curat lex because of the severity of charges and the enormity of its implication

fifthly - taken together as a whole I bet we would have a good shot if we can get to a fair federal judge - and with blogosphere and media backing


tim
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hatecelebs
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PostPosted: Mon Oct 11, 2004 11:15 pm    Post subject: Kerry violates 14th Amendment Reply with quote

This writer agrees with me:

http://pittsburghlive.com/x/tribune-review/opinion/columnists/datelinedc/s_259616.html

Seditious behavior

Can or should we accept the truth revulsion that we are living through today?
While some politicians have shaded the truth, most of them still stop at deliberate lies. While truth tampering did not begin with Bill Clinton's election, an era of sanctioned evasion began in 1992. But only a few spoilsports cared.

The international post-war reputation of the United States for honesty in diplomacy, commerce, law and in day-to-day transactions became a joke. A handful of people made a lot of money from the financial disasters of Enron, Global Crossing, Xerox and years passed before one or two culprits faced jail time. The message was loud and clear. In an ethical society, it is easy for an unethical person to become rich and successful; honesty has no currency.

John Kerry certainly is following in the Clinton tradition.

Unlike President George W. Bush, former Vice President Al Gore and most candidates for office, Kerry refuses to allow the Pentagon to release his military records. Speculations are rife, from his Purple Hearts, to criteria about his medals, and why Kerry did not receive an honorable discharge until March 2001, nearly 30 years after his service ended on July 1, 1972.

No explanation has been offered.

Informed guys in the Pentagon believe Kerry originally was discharged in the 1970s with a "general" discharge and used his pro-Clinton votes during the impeachment of Boy Bill to apply political pressure for an upgrade. Obviously, his military records would contain material on his appeal, and might explain the 30-year delay.

From the scant information available, John Kerry signed his enlistment contract with the U.S. Navy on Feb. 18, 1966. He was discharged from "total active duty" on Jan. 3, 1970, with three years and 18 days of active duty. On that date, he was posted to the Naval Reserve Manpower Center in Bainbridge, Md., with "ready reserve" status and required to do 48 drills and 17 days of active duty a year until 1972. That year, on July 1, he was transferred to "standby reserve -- active" and was discharged from the U.S. Naval Reserve on Feb. 16, 1978.

Kerry's friends can and will argue about dates. But here are some irrefutable facts:

Kerry was a commissioned officer in the U.S. Navy

Kerry was an official of Vietnam Veterans Against the War (VVAW), a self-styled revolutionary organization giving aid and comfort to our enemies

Kerry was and is a U.S. senator

Kerry was and is in violation of the U.S. Constitution.
In May 1970, Kerry, a commissioned officer in the U.S. Navy, was in Paris on his honeymoon. He met with Madame Nguyen Thi Binh, the Viet Cong's foreign minister. The next month he joined the Communist-controlled VVAW and helped organize their seditious Winter Soldier hearings in Detroit, along with their march to Washington. These events were designed in rebellion against the U.S. government and to change its policies.

On April 22, 1971, Kerry, still an officer in the U.S. Navy, gave evidence to the Senate Foreign Relations Committee of his shame in being an American and told horror stories of the behavior of the U.S. military. Throughout the next six months, Kerry remained active with the VVAW as a leader and a spokesman, appearing on national television to claim that he had been a war criminal and a delegate at meetings with the Viet Cong in Paris.

During this period, Lt. John Kerry attended many VVAW meetings and mass rallies at which the Viet Cong flag was displayed and the U.S. flag desecrated. He also attended a VVAW conference where the assassination of U.S. senators was discussed. He took no action to close that discussion or report it to the FBI, despite the participants' planning murder. He did, however, leave before a vote was taken on how to implement the crime.

It could be argued that, in 1970 and 1971, John Kerry, an officer in the U.S. Navy, violated the Uniform Code of Military Justice, Article 104, part 904; and the U.S. Code 18 USC 953, for violating the U.S. Constitution.

From these facts, Kerry also may be in direct violation of the 14th Amendment, Section 3 of the U.S. Constitution, which states, "No person shall be a Senator or Representative in Congress, or elector of President and Vice President" having previously taken an oath to support the Constitution of the United States who has "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

Even though it was 33 years ago, the Constitution places no time limit on prosecution. If Kerry placed himself in violation of our laws, there are many witnesses available and willing to provide testimony of those events. Let's uncover the revolting truth.

Dateline D.C. is written by a Washington-based British journalist and political observer.
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JROTC
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PostPosted: Mon Oct 11, 2004 11:27 pm    Post subject: Reply with quote

Don't forget the indictment that will be delivered tomorrow - 10/12.

Ms Marine'sWife posted it (Federalist.com Petition) on 10/10 @ 0426. Part said:

Quote:
His treasonous actions in 1970-1971 are the subject of an indictment that will be delivered to Senate President Dick Cheney, Senate Majority Leader Bill Frist and Attorney General John Ashcroft on 12 October. The indictment [www.PatriotPetitions.US/Kerry] notes both Kerry's UCMJ and U.S. Code (18 USC 2381) violations, and it calls for his disqualification for public office in accordance with the Constitution's Fourteenth Amendment, Section 3, which states: "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President...having previously taken an oath...to support the Constitution of the United States, [who has] engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."


God Bless
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Navy_Navy_Navy
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PostPosted: Mon Oct 11, 2004 11:30 pm    Post subject: Reply with quote

Unfortunately it's not a legal indictment - it's only an "indictment" in the literal meaning of the word. Sad

If it were a legal indictment, we could all go home.

Or turn this into an all-party-all-the-time board. Wink
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Mustang
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PostPosted: Tue Oct 12, 2004 12:18 am    Post subject: Reply with quote

Also see the posts by Mustang under the Research Section - who is actively trying to launch a class action lawsuit against Kerry on behalf of all in-country and Vietnam Era Vets.
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HardCorps
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PostPosted: Thu Oct 14, 2004 9:46 am    Post subject: 14th amendment Reply with quote

I believe that section of the 14th amendment has a legal history that was specifically designed for the Civil War and pretty much only that particular problem of former Confederate Officers attempting to govern in the Union. Any attempt to tie this to Kerry although I would love to, is seen as half cocked.

The most legitimate claim for Kerry to be demonstrated guilty of official constitutional treason is violation of Article 3 section 3.

I too have signed the petition, but just like the severely flawed Judicial Watch Request (it was very motivating, but was not well put together by JW), the petition for Treason is missing 4 specific elements for that charge to be considered serious. I have been working very hard on a post listing the 4 elements. This is not over Nov. 2 no matter what happens.
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