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Hillary's appointment challenged in Court--as it should be!

Hillary
Posted By: Marta Fernandez on January 30, 2009

Judicial Watch Files Lawsuit Challenging Hillary Clinton Appointment on Behalf of State Department Foreign Service Officer
Contact:
Press Office 202-646-5188


Washington, DC -- January 29, 2009

Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a lawsuit against newly sworn-in Secretary of State Hillary Rodham Clinton on behalf of U.S. Foreign Service Officer and State Department employee David C. Rodearmel, (Rodearmel v. Clinton, et al., (D. District of Columbia)). The lawsuit maintains that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State and that Mr. Rodearmel cannot be forced to serve under the former U.S. Senator, as it would violate the oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States.

Under the "Emoluments" or "Ineligibility" clause of the U.S. Constitution, no member of Congress can be appointed to a civilian position within the U.S. government if the "emoluments" of the position, such as the salary or benefits paid to whoever occupies the office, increased during the term for which the Senator or Representative was elected.

Specifically, article I, section 6 of the U.S. Constitution provides, "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time." The text of the provision is an absolute prohibition and does not allow for any exceptions.

According to Judicial Watch's lawsuit, the "emoluments" of the office of U.S.



Secretary of State increased three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's recent resignation. The lawsuit notes that Congress attempted to evade this clear constitutional prohibition with a so-called "Saxbe fix" last month, reducing the Secretary of State's salary to the level in effect on January 1, 2007. This maneuver, first used in the Taft Administration, has been more frequently used in recent years by both parties, allowing notably Republican Senator William Saxbe to become U.S. Attorney General in 1973 and Democratic Senator Lloyd Bentsen to become Treasury Secretary in 1993. A similar "fix" has been enacted for Senator Ken Salazar to join the Obama Cabinet as Secretary of the Interior.

Judicial Watch's lawsuit, however, points out that the legislation "does not and cannot change the historical fact that the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Defendant Clinton's tenure in the U.S. Senate . . . ." The U.S. District Court for the District of Columbia is required to give expedited consideration to the lawsuit.

"This historic legal challenge should remind politicians of both parties that the U.S. Constitution
is not to be trifled with," said Judicial Watch President Tom Fitton. "Mrs. Clinton is constitutionally ineligible to serve as the U.S. Secretary of State until at least 2013, when her second term in the U.S. Senate expires. We hope the courts will put a stop to these end runs around the Constitution and affirm the rule of law."

Related Documents
Statement by Plaintiff David C. Rodearmel and Background Information
Complaint for Declaratory and Injunctive Relief




Our lives begin to end the day we become silent about things that matter. -Dr. Martin Luther King, Jr.

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Gregory V. Boulware, Esq.
Assistant Managing Director at Managing Director's Office, City of Philadelphia
/*

"Hear, Hear!" I also agree with the letigation!!! It keeps us all on our toes!!!
"FOR THE PEOPLE, BY THE PEOPLE, and OF THE PEOPLE!"

Greg.
gvb1210me@yahoo.com
http://www.BoulwareEnterprises.com

"What About The Wall Street Bonusus..from and paid for by THE AMERICAN PEOPLE?"
*/
Saturday, January 31st 2009 at 12:09PM
Gregory V. Boulware, Esq.
Assistant Managing Director at Managing Director's Office, City of Philadelphia
/*
Sorry for the type-o, "LITIGATION!"

Greg.
*/
Saturday, January 31st 2009 at 12:11PM
Marta Fernandez
CUNY -Queens College class of 1985
Irma---on that "robert powell" person I believe is the same as you know who--under different profiles, but the same person-I find him mentally defective, quite stupid- uniformed,uneducated--poorly read, angry, asinine and well as you so eloquently put it " stuck on stupid"---

As for the appointment--I know exactly why he appointed her--I know the game of politics, and that was a smart move on his part-(Obama and Hillary) as the story unfolds I will explain more--too many folks don't understand the game of chess--checkmate!
Monday, February 2nd 2009 at 2:03PM
ROBINSON IRMA
UC, Davis class of 1992
Marta, how interesting as I thought that they in Congress had done a little deal that had made this matter legal when it first came up over Hillary's appointment would violate this very Constitutional law you just posted!!!!!?!!!!

Thanks as this is very enlightening and giving me more faith that this adminsitration is putting our government back into the hands of the people as our Constitution states.

Please, please, please Marta keep us all up dated about this matter...
Thursday, April 10th 2014 at 6:47PM
ROBINSON IRMA
UC, Davis class of 1992
Mozell, why do we have laws when we have to come to this point of distruction...and, still ask not how did we get here but lets stay here, because to start doing something will take time??? Is this what you are saying?

Well here are my two cents..we did not get here over night. A few years ago I say a 'joke' that said "America is for sale, check it out here" and there was a picture of the Whitehouse.There is not just one ponzi scheme there are many from the out of control:gas prices, credit cards clogging up our mail each dayto The lobby money to our politicians that we kept putting back into office to only hear the same old tired promises every four years. The only change is it is not working any more in amyone favor or may that saying "America your chickens have come home to roost" or as my grandmother use to say, "What is done in the dark will come to the light".

This is just the beginning my brother. the finger pointing has just begun. Did you notice today how Congress is blaming the CEOs? Well this could not have happened if these people were in D.C. working for our interestand not for big business' interest paid for by lobbist. Or, are we now saying that it was those like you and I who voted these politicians into office to get this country in the shape it is in???

Please pay close attention to what the watch words are going to be for now and for the future: THE CONSTITUTION. ENFORCE YOUR LAWS that are already on the books. I know this well as this is what the 60s was all about, my brothers and sisters. Or that old saying, "Those who FORGET history are doomed to repeat it". This time it is not Dr. M. L. King but President Obama forcing this country to in force it's own Consittutional laws and not those like me out in the streets doing PEACE marches but helping him in other ways by forcing the truth to the forefronts. We are on the computers in the 21st century.Congress will soon be in court along with the CEOs and everyones at the ends of those 'fingers being pointed at them' please trust me Mozell, this is how a government of the people works!!!!And, you Mozell are doing your part with your poems. We all have our different way of contributing and most of us do not know this.It is called communication. Blaming gets us no place but into court(smile)but, this can be a good thing(smile)

I will leave you with this my brother, tomorrow, next year and 50 yearsfrom today will come, be you or me or anyone ready or not it will come(smile)you are young yet...Oh, about the lawyers even they are going broke as the only lawers making any money are the bankrupcy attorneys. I read this today in my New York Times(smile)
Thursday, April 10th 2014 at 6:47PM
ROBINSON IRMA
UC, Davis class of 1992
Mozell, have you heard that we are at war? That because "WE" can not afford a War(that Clinton failed to read about before voting for it) is being paid off by Chin?. That an economy depends on being able to get the products to market(does our oil come from the middle -east and south America from people who do not like us due to a failed political machine)?Euorpe can not go against Iran or Russia as this is where they get their OIL from my brother.

Do you know that WAR affects our economy and a female Sectrary of state that goes before Muslime countrys with pants on OFFENDS them? Did you know that Hillary has already backed out of what she said about abliverating any one who attacks Israel, well please check out how people in Israel are about to "ATTACT" the powers that be in Israel if Israel does not start enforcing its own laws about not building new settlements illegally as they are doing on Palistianin lands? How can Hillary calm the citizens of Israel when she has already taken sides with these powers that be in Israel?

What about the question that the PUBLIC like myself are still asking, say how much of that charity money given to the Clinton's charities actually went to the charities.Was more of these monies given to the private accounts of the Clintons as some charities do???!!!??

Mozell, this is thes same reason why this new appontee of Obama is in trouble as his charity money'given' was DEEMED not a legal charity at all. Hillary has a lot of law suits by American citizens coming in her future as this is now a government OF THE PEOPLE...
Thursday, April 10th 2014 at 6:47PM
ROBINSON IRMA
UC, Davis class of 1992
And robert, just for you I will second that , "STUCK ON STUPID" phrase of Rev. J. W.(smile)
Thursday, April 10th 2014 at 6:47PM
ROBINSON IRMA
UC, Davis class of 1992
Sister Marta, for the first time, I take back all of the years of complaining to the FCC about Rev. Jesse Jackson was the only Black voice allowed on the public air waves. If this had not been the cause of them believing so much in the Clintons as who really represented what WE consider a BLACK president(and first lady Hillary Clinton) then Hillary would have been the first female president and not someone like our presient "first lady" Michelle Obama.

CAUSE and EFFECT...KARMA...a blessing or what ever one wants to call it, it is all good(smile)The majority will still believe that we are so stupid we do not know how to plan. Therefore they over rule that wise saying about keeping your enemy closer!!! Now, I want to know where she got the money to pay off her campaign debts as was re ported just before she was sworn in? She and Bill said that they only earned $10 million. And, the time limit for the campaign or the party to pay the debt off ran out long ago!OOPS MAYBE he $10 million pulled out of those wars in Africa like the McCains had to admit???!
Thursday, April 10th 2014 at 6:47PM
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