“I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right,” Yates wrote in a letter to justice department lawyers. “At present I am not convinced that the defense of the executive order is consistent with these responsibilities nor am I convinced that the executive order is lawful.”

This is pathetic (non) legal reasoning.

If she believed gay marriage was not right, would that empower her to ignore Obergefell?

If she were "not convinced" that some court opinion or statute was lawful, could she just make believe it did not exist?

This is as meritless as the military wingnuts who were not only not convinced, but asserted a firm belief that Obama was not the legal president as justification not to comply with orders they determined to be unlawful as a result. At the court-martial, that inadmissible nonsense could not even be argued as it had no basis in law, leaving no defense at all. A pure heart, and an empty head, is not a defense.

If she felt she could not do her job, she should have resigned. She did not last long as a D.C. Celebrity Apprentice before she was told, "You're fired!"

This is as meritless as the military wingnuts who were not only not convinced, but asserted a firm belief that Obama was not the legal president as justification not to comply with orders they determined to be unlawful as a result. At the court-martial, that inadmissible nonsense could not even be argued as it had no basis in law, leaving no defense at all. A pure heart, and an empty head, is not a defense.

In their case, if they really believed that the White House had been seized by a usurper, they had an obligation under their oath to take up arms to drive him out.

They lacked the temerity to do so.

Instead, they hung out in a sort of wimpy no-man's land: "You're a usurper, so we don't have to obey you, but we don't dare oust you by force either." So of course the bureaucracy simply asserted itself and ground them all to power.

"You're fired!"

I like: "Drain the swamp!"

Its about time we had a president on the right that has a backbone!!!!!!!!!!!!!!!!

Attaboy....Go, Donald!

Now please begin to consolidate power by disappearing McCain, Graham, Rubio, Schumer and Pelosi.

In their case, if they really believed that the White House had been seized by a usurper, they had an obligation under their oath to take up arms to drive him out.

Yes, Lt Col Terry Lakin.

It was not a "they." It was a "he."

Kinda hard to take up arms and drive anyone or anything out when you're an "Army of One."

Kinda hard to take up arms and drive anyone or anything out when you're an "Army of One."

Not a bit hard to take up arms. Just hard to win. People hyperventilate about politics and religion.

Not a bit hard to take up arms.

You first, old paint. ; )

You first, old paint. ; )

Exactly!

It's why I always roll my eyes at people hyperventilating about politics and threatening to take up arms over this or that.

In their case, if they really believed that the White House had been seized by a usurper, they had an obligation under their oath to take up arms to drive him out.

No, they had the option to file a meritless Article 138 complaint or, in the case of an officer, to resign their commission. They do not have an obligation to commit treason and take up arms against their own government.

When the military member refuses to comply with an order he considers unlawful, he does so at his own peril.

Yes, Lt Col Terry Lakin.

It was not a "they." It was a "he.

It was definitely a "they" and not a "him." Lakin was not even the first to assert this crap. There were a bunch of these nutbags, e.g., Maj. Stefan Cook.

Cook v. Good, No. 4:09-cv-00082, 2009 WL 2163535 (M.D. Ga. July 16, 2009) (denying TRO seeking stay of military orders pending confirmation of Obama’s eligibility; dismissing case), appeal dismissed, No. 09-14698-CC (11th Cir. Nov. 24, 2009);

Cook v. Simtech, No. 8:2009cv01382 (M.D. Fla., July 27, 2009), recons. denied, (Aug. 6, 2009) (finding motion to reconsider “frivolous and wholly without merit);

http://www.stripes.com/news/army-caught-up-in-reservist-s-obama-conspiracy-theory-1.93679

Army caught up in reservist’s Obama conspiracy theory

By Megan McCloskey
Stars and Stripes
Published: July 30, 2009

Army Maj. Stefan Cook sought out a notorious lawyer in February, formally volunteered for an Afghan deployment in May and was granted orders to deploy in June.

But the Army reservist’s intention appeared not so much to fight for America as to fight against President Barack Obama, in furtherance of a bizarre conspiracy theory.

In July, Cook filed a lawsuit against the Army, the defense secretary and the president, claiming that Obama could not lawfully order him to go to war because he is not the legitimate president of the United States.

Cook is one of the so-called “Birthers,” a small group of activists who subscribe to a fringe conspiracy theory alleging that Obama was not born in the United States and therefore cannot legally serve as president.

[...]

Maj. Cook ended up out of the Army Reserves, with his clearance pulled, and with his civilian job with Simtech vaporized due to his lack of clearance.

There's more. For a while, it was a cottage industry for a few birther lawyers.

They do not have an obligation to commit treason and take up arms against their own government.

Of course it's not treason if they are upholding the Constitution by attacking a usurper.

Needless to say, if they have decided this on their own, they are lone nuts who will soon be dead.

So practical people don't let themselves be carried away by political nonsense, lest they find themselves having to face their own cowardice.

Of course it's not treason if they are upholding the Constitution by attacking a usurper.

If you, or Terry Lakin, took up arms against the U.S. government, that is the definition of treason. You might get hanged in an elevator shaft. Of course, you do not get hanged if you succeed in overthrowing the government. I hope your one man army has a good plan to take on the U.S. Army and the U.S. Marine Corps.

If you, or Terry Lakin, took up arms against the U.S. government, that is the definition of treason. You might get hanged in an elevator shaft. Of course, you do not get hanged if you succeed in overthrowing the government. I hope your one man army has a good plan to take on the U.S. Army and the U.S. Marine Corps.

EXACTLY!