Silence is golden. It can also be an admission of guilt:
Tacit: 1 : expressed or carried on without words or speech <the blush was a tacit answer — Bram Stoker>
2 : implied or indicated (as by an act or by silence) but not actually expressed <tacit consent> <tacit admission of guilt>
Obama and Congress filed their opposition brief in the Kerchner v. Obama & Congress lawsuit in the U.S. 3rd Circuit Court of Appeals in Philadelphia,PA. The roughly 20-page opposition brief was filed in response to Kerchner’s 115-page appeal. From Commander Kerchner:
What a lame and empty defense. Basically they’re saying Obama and Congress can totally ignore the U.S. Constitution and there is nothing We the People can legally do about it. No one has standing to right the wrong when Obama & Congress illegally violate Article II of the Constitution and seat illegally an ineligible person as President and Commander in Chief of our vast military power. We the People created the federal government and We the People are going to fix this totally broken and runaway federal government. These Progressive/Socialist/Marxists have gone a bridge too far in the disgraceful and unconstitutional 2008 election. This will not stand. We the People will not permit it.
The Lazy, Disrespectful, “Hail Mary” Response
On its face, the Department of Justice’s opposition brief looks like lazy lawyering–basically relying on “everyone else dismissed the case, you should too”, aka, ‘everyone else ignored the information Constitution and so should you”. DOJ focused primarily on the issue of standing, arguing the same old lazy line that the plaintiffs did not prove a particularized injury and that the Court had no jurisdiction anyway. It is truly astounding: the Constitution protects individual liberty–individuals are harmed by an illegal President: their liberty, security and safety. DOJ says ‘so what, everyone is effected’, as if the Constitution does not matter. Lame indeed.
It is also a slap in the face to Commander Kerchner, attorney Appuzzo, and all Americans for the DOJ to treat so cavalierly the Constitution for the United States of America. They didn’t respond to one charge, and by that silence admitted their knowledge of Obama’s ineligibility and demonstrated their disrespect for the Constitution.
And that Constitution directed that the Judiciary have and exercise original jurisdiction over all matters related to the Constitution. The Judiciary, by ignoring this directive regarding Article II is committing treason to the Constitution. The Constitution is not up for a vote, and the Article II eligibility questions are not a political question.
Finally, this strikes me as a Hail Mary pass for a couple of reasons. First, they are unable to refute any of the facts spelled out in the Kerchner appeal: they are silent…and hoping no one will notice the 115 pages of detailed legal arguments documenting Obama’s ineligibility. Second, it will buy more time, perhaps to eek out another year for Obama, provide an opportunity to bribe or threaten the Court, or provide for the replacement of more Supreme Court Justices.
So much for the “Department of Justice”.
Alternative Plans in the Works?
I have noticed that the attorneys always change on the DOJ briefs in defense of Obama. Could it be that some attorneys in DOJ actually know the law and request assignment somewhere else, or query their superiors about the merits of Kerchner’s case?
Is anyone inside the Obama administration right now counseling him to resign for some made-up reason? Are any of the Cabinet members considering the 25th Amendment? Are there any in the House or Senate who will be brave enough to initiate an investigation leading to disabling Obama under the 25th Amendment? Obama is a most dangerous man, especially since Americans have rejected him en masse.
Right now, the Judiciary, Obama, Congress, and the Justice Department are literally on trial. If they fail through cowardice, lack of integrity, or for the promise of something, we will know that it is absolutely time to remove them all from office. And we will develop an alternative plan.