Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 9 years ago

Is there any Legal Recourse to Stop Terri Jones' Proposed Koran Burning?

If the Koran Burning Causes Loss of American Life Will Obama Be Impeachable?

Why Hasn't Obama Been Sued Yet Over the Terri Jones Koran Burning Matter?

Here's what we know:

General Petraeus has stated under oath on the record that if Terri Jones does his Koran burning that U.S. troops will be endangered and there may be harm or loss of life by US troops.

We hear from poorly informed people "US forces can take care of themselves"

But the Commander of those forces says otherwise -- he says they may be shot, bombed, and die or be injured, because outcome of the Terri Jones Koran burning and its repercussions.

Meantime, Terri Jones says he plans to go forward.

This is called a "slow motion emergency".

Things like this have happened before -- and here's another thing we know:

Presidents can be sued in Mandamus for Failure to Act when action is called for.

What action is called for here?

Obviously the President cannot arrest Terri Jones at this point. What he can do is apply for an injunction in the Federal Court in Florida saying that Terri Jones is enjoined from proceeding with any Koran burning, or Koran destruction, or Koran disrespect in a public place during the remainder of 2010.

The Administrative Procedure Act, and the cases decided thereunder, allow such a suit. Any lawyer admitted to Federal practice could bring such a suit (see Punnett v Carter, 3rd Cir., 1979).

Obama has a duty undeer Article II of the Constitution to be Commander in Chief of the armed forces.

This kind of Commander has a duty (under Article 134 of the Uniform Code of Military Justice) to behave appropriately in matters of force protection.

General Petraeus has stated, under oath, on the record, before Congress, what the consequences are likely to be if Terri Jones goes forward with his action.

Here's another thing we know: The First Amendment is not absolute. There are limits. You can't shout "Fire!" in a crowded theater when there is no fire.

Why?

Because your speech act would place in grave and immediate danger the lives and safety of fellow theater occupants.

Obama should know this case -- he claims he was a professor of law -- Constitutional law.

So even if Americans don't really remember what they thought they heard in Civics 101 in High School, the President should know that life and limb come first over the First Amendment, and he has guidance on this matter from his CINC in the field -- Gen Petraeus -- very public guidance -- so it's on record worldwide.

Nobody in any country anywhere in the world is going to believe that faced with the threat made by Terri Jones, the President's correct action was to do nothing. Nobody will believe it. And it isn't true.

I'm not the only lawyer in America. I served my watch, I'm retired now. So I call on all my active brothers at the Bar, to come forward, now when American troops, and others Americans all over the world need you -- and sue this jelly spined President. Get a mandamus from a Federal judge that forces him to do his job.

And if he doesn't, and harm occurs, impeach him for violation of Article 134 UCMJ, a high crime and high misdemeanor if ever there was one.

Update:

To Clarify:

I am in favor of Obama seeking a Federal injunction that enjoins Terri Jones from Koran burning.

"Seeking" means asking a Federal judge for one, it's not the same as writing one out with Obama's own hand.

My only policy interest is force protection. Petraeus has spoke on that subject. I don't think I know more than he does about force protection.

There is some history here: We have the large amount of violence that occurred due to the Abu Gharaib photos. We also have the large amount of violence that occured due to the Koran flushing in toilet story, which was about Gitmo.

We know the history. The forces that I want to protect are Americans. And also US citizens all over the world.

None of you seem to remember the First Amendment clearly or properly. You have a sort of absolutist garbled version of it, based on what you thought you heard in Civics 101, while you were half asleep, or trying to remember a football play, which way to roll, left or right.

Update 2:

TO EMILY --- YES --- LIFE AND LIMB DO OVERRIDE THE FIRST AMENDMENT !!! THERE ARE MANY SUPREME COURT CASES THAT SAY EXACTLY THAT. IT IS THE LAW OF THE LAND !!

I WOULDN'T HAVE SAID IT IF IT WERE NOT TRUE.

THE FIRST AMENDMENT IS NOT ABSOLUTE.

IT DOES NOT AUTOMATICALLY TAKE PRECEDENCE OVER ALL OTHER CONSIDERATIONS AT ALL TIMES NO MATTER WHAT THE CONSEQUENCES.

EMILY YOU MAY BE A SMAERT LADY BUT YOU DO NOT KNOW BETTER THAN THE US SUPREME COURT WHAT THE FIRST AMENDMENT PROTECTS AND WHAT IT DOES NOT PROTECT.

I'M TELLING YOU IT DOES NOT PROTECT TERRI JONES IN THIS PARTICULAR SITUATION.

HE COULD PROPERLY BE ENJOINED, AND ON APPEAL, THE SUPREME COURT WOULD UPHOLD THE INJUNCTION.

OBAMA'S FAILURE TO SEEK AN INJUNCTION IS PROBABLY THE RESULT OF MASS MISEDUCATION IN USA. WE JUST DON'T TEACH THE CONSTITUTION PROPERLY IN THE SCHOOLS. PEOPLE GRADUATE WITH FALSE AND WRONG AND FOOLISH IDEAS. OBAMA MAY KNOW BETTER, BUT AS A JELLY SPINED MAN, AS A JELLYWAGGLE BLANCMANGE, HE LACKS GUTS!

6 Answers

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  • Anonymous
    9 years ago
    Best Answer

    Navy u can answer this better than most. I have two things that I can do on just the

    County level if this were my responsibility. Its not so I can't do a thing. However if

    it were mine. We would not be at the stage this is right now. We are on a slow burn

    to hell here. If someone does not step up and take control of this, and soon. We

    could suffer great harm throughout the world for the actions of one foolish person.

    And I don't mean this crazy *** pastor. I mean the spineless asshole in the out house.

    Edit: as of 1850 hrs, this issue is more upside down then

    it was when it first started. Pastor has said he believes he

    has the word of the Imam in NYC that they will meet and

    discuss the details to move the cultural center for his not

    burning the Korans this saturday as planned. However

    this deal appears to be not going to happen. The Imam

    in NYC declares he knows nothing about him saying he

    would change locations.

    So one of two things has taken place here.

    1. Someone lied to stop this action.

    2. If that is the case. You can forget 200 korans

    being burned there will be thousands burned in

    support of the Pastor who was lied to. Where in the

    hell is Rodney King when you need him. Oh by the

    way, the fning white house wants u to think Gates

    called this country preacher, and made the deal to

    not burn the Korans. BULL FNING ****.

  • 9 years ago

    First of all, I believe Terry Jones is wrong. In my personal opinion, he is making a grave mistake by proposing to burn the Quaran. However, we live in the United States of America, and contrary to what is obviously your belief, "life and limb" do NOT override the First Amendment. The Bill of Rights guarantees every American the right--not the privelege, the RIGHT-- to speak freely. Basically, as long as he is not breaking a law in the process, he can do whatever he wants. Is it in good taste? No. Is he using proper foresight to determine the probable consequences of his actions? No. But the point is, the First Amendment guarantees him his right to do what he wants, as long as no laws are broken.

    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." --Benjamin Franklin

  • 9 years ago

    Like Gavin Nuisance say's the door is wide open NOW! Stop him & 1 million others will fire'em up!

  • 9 years ago

    Enough! You've asked this question in slightly different forms a couple of times already.

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  • IceT
    Lv 7
    9 years ago

    There is nothing that can be done. It is protected by the 1st amendment.

  • Anonymous
    9 years ago

    I hope he burns them

    And i like to make a sexy time! very nice!

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