This diary address a very strong concern that I have regarding a burgeoning connection between the current presidential “birth” controversy and the American military.  As you are aware, this is an issue that continues to be dragged out by a group of hard-lined conservative activists regardless of the support in affirmation of the president’s American citizenship by the Congress and the Supreme Court. However,recent moves by the birthers to involve members of the military foreshadow more serious consequences. In this case the goal of the birthers is two fold T&S, where T stands for Treachery and S stands for Sedition. More below the fold.

Recently California attorney, Orly Taitz, has filed a lawsuit demanding proof of Barack Obama’s constitutional eligibility to serve as president based upon documents that she has supplied the court which purports to be a Kenyan certificate of birth for President Obama. Based on this newly “unearthed” document, she has filed a motion in a U.S. District Court requesting authentication of this Kenyan document. This purported Kenyan document is not a birth certificate; rather it is a certified copy of a Registration of Birth, the details of which allege that Barack Obama was born at Coast General Hospital in Mombasa, Kenyan on August 4, 1961.

Attorney Taitz also represents Major Stefan Cook who is on active duty.  You may recall that Major Cook was in the national news recently. Major Cook first volunteered to deploy to Afghanistan and then upon receiving orders to go to Afghanistan refused on the basis that in his opinion President Obama did not meet the constitutional requirements to hold office as President of the United States. Therefore any orders issued by President Obama as Commander-in-Chief were invalid and need not be obeyed by military personnel. Major Cook’s case has recently been filed again in Federal court, this time including Major Cook’s superior officers and Secretary Gates.

However, the brief of this new filing raises a dangerous new specter in the form of a CLASS-ACTION claim open to all members of the military who share Major Cook’s opinion that President Obama is not constitutionally eligible to serve as Commander -in-Chief. This pernicious turn of events involving the military has created a potentially dangerous situation possibly sabotaging our upcoming war effort in Afghanistan.

Whereas the Nation is still at war and this is a critical hour regarding the escalation of our troupe force in Afghanistan potentially involving many bloody conflicts in the future, it appears to me that the actions of Attorney Taitz meet the legal definition of sedation.  Her movement of the legal process to be expanded into a class-action suit constitutes a highly divisive and demoralizing effect upon members of the military, especially those who will be deployed to Afghanistan in the coming months. From what I remember of the Nation during the days of World War II, anything that impeded or jeopardized our war effort was considered an act of treason, which at the time was punishable by death.

It is my suggestion that the Smith Act of 1940 which is still active American law should be used as the appropriate legal instrument for addressing this potential menace.  I should like to quote from Section 2 of this Act:
“(1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government;”

While the violence provision of the Smith Act may not be applicable to the conspiratorial alliance of the “birthers”, force on the other hand is highly pertinent. Currently, the United States has a duly constituted executive branch with all of its officers elected and appointed sworn in and properly functioning as prescribed by the Constitution. Raising some specious argument as the reason or the cause for which you may personally not like or want the continuance of said government is each citizen’s right. However, it is not any person’s right to attempt the overthrow that duly elected and sworn governmental body either by insurrection or collusive force without incurring the full wrath and punishment capability of the Government of the United States  

As a veteran, my prime concern is for the well being of our men and women in the military and my country.  In particular I am concerned with the well being of those soldiers who are already facing a battle hardened resolute enemy in the difficult terrain of Afghanistan, along with the thousands of other soldiers yet to deploy. The birther issue has moved beyond being a prop for jokes on late night entertainment TV. Rather it has become an treacherous issue with the power to severely compromise our national security, and now is the time to treat it as such. My hope and my desire is that the appropriate actions will be taken to remove this pernicious threat from our country’s immediate future.

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