CINC: Dereliction of Duty

I'm a simpleretired Navy veteranmedical doctor from Kentucky. In great frustrationI could not find a direct determination of the Commander in Chief's(CINC) military status in my limited Internet search on-line. As such, I will proceed under the presumption that the President of the United Statesfunctions in both a legalmilitary capacityand a legal civilian capacity. Regardless bothrequire the execution of his office in keeping to the Constitution and answering to We The People.

IfObama is notlegally a military officer by statutethen civil negligence would bethe equitable offense to the military charge ofDereliction of Duty as defined by the Uniform Code of Military Justice.

In fact, I am accusing Obama with bothDereliction of Duty and Negligencedue to his gross incompitance, his intentional acts of treason,and and hispolitical malfeasance in the performance of his responsibilities to our nation.

Let mefirst address the charge ofcivil negligence which is a breach of civil Tort Law. At his inauguration, Obama swore an oath the uphold, preserve, protect, and defendthe Constitution as the supreme law of the land.

His swornoath of office was, indeed, a legal contract with each one of us as individual citizens of the United States, to act in the best interests of our national security which isthe one trueresponsibility of government.Obama swore on the Lincoln Bibletoexecutehis office to the best of his ability and I maintain that he as failed to do so, with gross subsequentnegligence of his duty toAmerica.

By his own acts of commission or ommission Obama has failed to uphold his contract tothe American people at the highest levels of obligation. He has failed to excercise reasonable care,causingforeseeable extensive harm and factual causation, leading to multiple immediate threats to our national security.By hiswillful breach of duty he has saddled this generation and our children and grandchildren's generations with economic and national damages, the extent of which will be indeterminable and unassessablefor decades to come.

I will leave the full appraisal of just what harm he has caused to your take. I believe that you, asreaders of National Writers Syndicate, are quite capable of doing thatfor yourselves but I want to impart my gut feeling that Obama should be the subject of a class action tort proceeding as a result of his premeditated acts of fascism and willfull actsof treason against the state.

Obamahas failed to defend the United States of America from enemies both foreign and domestic. He has become, in fact, the #1 enemy of the state.

If I have provided a legal basis for class action against Obama and if there are any civil and Constitutionalattornies willing to initiate such a suit then I volunteer to be the first party to sign on as a plaintiff!

Of course, that is, if I have "standing" to sue Obama.U. S. District Judge Karl Forrester taught me that little loophole when he dismissed my Writ of Mandamus (Duncanv. the Commonwealth of Kentucky and Lexington-Fayette Urban County Government (NWS Archieves, Ref: Duncan).

Now, as to the charge of Derelection of Duty. Obama took the same sworn oathas I did when I became a Naval Hospital Corpsman and again when I became a Naval commissioned officer.I notice thathe returns a hand salute? Why would he ifhe is not officially a member of the Armed Forces?Why would he be the Commander In Chief of the Armed Forces, even though he is in non-uniformed status, if he weren't to be considered a member of the military? After all, he occupies thepositionofthe top officer in the Chain of Command, doesn't he?

Dereliction is the act of abandonment especially through neglect. The term is usually associated with duty and refers to failure, through neglegence or obstinacy, to perform one's legal or moral duty to a reasonable expectation.The avoidance of dutycan result in a charge of dereliction of duty.

I chargeObama, with Dereliction of Duty on the basis of his failure to immediatelyact onthe assessment of the Afghanistan theater of war and logistics and personnel requirements made by Gen. Stanley McChrystal and presented toObama 55 days agoas approved by his immediate Chain of Command, Gen. David Petreus and Secretary of the Department of Defense (DOD)Robert Gates.

As a consequence ofObama's dereliction,in failingto respond to Gen. McCrystal's DOD approved official assessmentin a timely manner, more than one United States serviceman has been unnecessarily killed or wounded in Afghanistan. An undetermined number of military deats and casualties in Afghanistan aredirectly attributableto the unreasonable and extraordinary criminal lapse of judgement anddelay of judgement by Obama.

Military members, in this case Obama, whose acts or commissionsrise to the level of criminal neglegent behavior can be tried for dereliction of duty under Article 92 of the UCMJ. Commanders (We The People) have an obligation to hold Obama accountable for his actions and ommissions. (Turner,) 2000

The military justice system isa key to combat readiness and capability. We cannot accept increased risks or finally make the ultimate sacrifice because of a person's (Obama) laziness or gross dereliction. (Turner, 2000)

Nor should we accept the same risks and consequencespurely forObama's political purposes.

The Manual for Courts Martial explains that "a duty may be imposed by treaty, state, regulation, lawful order, standing operating procedure, or custom of the service." "Actual knowledge of the duties may be proved by circumstantial evidence and need notbe shown if the individual reasonably should have been known of the duties…This may also be demonstrated by regulations, training,operating manuals, customs of the service, academic literature or testimony, testimony of persons who have held similar or superior positions, or similar evidence."

I think that the DOD has sufficient cause to open an investigation by the Judge Advocate General (JAG)against Obama for violation of UCMJ Article 92by the Direction of Secretary Gates.

Thefailure to open such an investigation would seriously call into questiondereliction on the part ofJAG and Seretary Gates (Civil or military) themselves. That's precisely what rank and file in the military is about. JAG is a duty to investigate Obama for dereliction and has a duty to do so now.

Obama should be tried in the civil courts for neglegence AND in Courts Martial. He has a dual responsibility to this nation and We The People. He has failed to fulfill his sworn duties.Absent his removal from office, he poses an ongoingclear and present danger to the inegrity and security of the United States of America.

Of course, the reality is that Obama has Presidential immunity and can only be removed through impeachment proceedings. Fat chance of that!

On the other hand, if he can be shown to be illigitamately electedas president he can be shown the door and evicted from the White House! That, as grandmother said often, would be that!

Would We The People have to file eviction proceedings in that case?

Let the cards fall where the may.

Dr. David M. Duncan

Lexington, KY

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