Judicial Watch back on the attack

Thu, 01/29/2009 - 5:43pm

Judicial Watch, perhaps best known for its judicial harassment of the Clintons in the 90s, is at it again. Today, officially on behalf of Foreign Service Officer David C. Rodearmel, the organization filed a lawsuit claiming that Hillary Clinton is constitutionally ineligible to serve as Secretary of State -- as they telegraphed last month that they would.

The basis of the lawsuit is that, in effect, any senator who was serving when a Cabinet secretary position received a raise (as the secretary of state did in January 2008) cannot then assume that position.

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.

In order to get around this, as presidents have done since the days of William Howard Taft, Congress decreased the salary of the secretary of state by $4700 in mid-December -- to the salary Rice was making when Clinton started her second Senate term. Judicial Watch argues that even though Clinton won't benefit from the pay raise Rice received, she nonetheless was there when it happened and thus is technically ineligible.

They furthermore argue that forcing Rodearmel to serve under her would be forcing him to break his Foreign Service oath, by which he promised to uphold the Constitution. Apparently, some habits die hard, and suing the Clintons is one of them.

Megan Carpentier | Permalink | | Comments? Login or register
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Is Judicial Watch applying

by CaitlynA on Thu, 01/29/2009 - 6:18pm

Is Judicial Watch applying this to Ken Salazar at Interior as well, or just Secretary Clinton? (as if I need to ask)

Silly

by MissAlison on Thu, 01/29/2009 - 6:46pm

So who is this David Rodearmel character?

Apparently, he works in the

by campskunk on Thu, 01/29/2009 - 9:29pm

Apparently, he works in the Office of International Religious Freedom in the state Department. You know, the ones who are tasked with rescuing those proselytizing Christian missionaries who go into Muslim countries and can't keep their mouths shut about Jesus. The Bush administration was a lot more concerned about other folks' religious freedom than they were about their physical freedom.

here he is. doesn't look like

by campskunk on Thu, 01/29/2009 - 9:44pm

here he is. doesn't look like the type who would take kindly to getting ordered around by womenfolk. Note the undergrad degree from Brigham Young with a ROTC specialization. I didn't know you could major in ROTC.

link to USAF Academy CV for Rodearmel

If Rodearmel had a case

by PYW on Thu, 01/29/2009 - 10:55pm

He'd have someone other than Judicial Watch, which has never won any of their nuisance lawsuits against the Clintons, file it. What a joke, lol.

That's how you know

by Annetoo on Fri, 01/30/2009 - 2:23am

Judicial Watch on the war path...that's how you know a Clinton is in power again

Judicial Watch should prosecute Bush Admin.Criminal Actions

by sakel on Fri, 01/30/2009 - 10:49am

We all know this is a frivolous, totally groundless action commenced by a bunch of Republican neanderthals whose only preoccupation is the vilification of the progressive elements represented by an unfortunately inept Democratic Party that failed under Reid and Pelosi to prosecute the Bush administration for their role in the current financial meltdown due to their treasonous squandering of the public purse.

The clueless but nasty misogynists behind the Judicial Watch should instead concentrate their legal efforts to prosecute all members of the Bush Administration, including Messrs. Cheney and Rumsfeld, for their treasonous actions against the American people in misrepresenting, misleading and squandering two trillion dollars in the ill conceived Iraq War and for willfully permitting the deregulation of financial institutions to the extent that it caused the downfall of the domestic and global financial systems.

Further, a special War Crimes Funds Unit should be set up to prosecute those responsible and to ensure that all Bush Administration members' bank accounts are seized and funds confiscated as well as their shares in Haliburton,GE, Saudi Arabia-controlled entities and other corporate shares offshore, and subsequently distributed to agencies that will assist the hardest hit citizens.

Judicial Watch should also support another National War Crimes Reparation Fund for Iraqi Women set up to help the 650,000 Iraqui women who were thrown out of their homes, raped and crippled and now wander the streets of their own country trying to care for their children; and for those million Iraqi women, formerly teachers, nurses, lawyers, now working in "entertainment clubs" [brothels for rich Kuwait/UAR businessmen] in Syria and Jordan to support their families.

Judicial Watch must act now and ensure that the trillion dollars spent on this war by the former president is returned to the people who are now suffering as result of the former Republican Administration's perpetrating this national fraud via their negligent oversight and willful criminal intent.

The socially myopic "usual suspects" behind Judicial Watch, prior to commencing their lawsuit against the former Bush Administration principals, should issue a heartfelt apology to SoS Hillary Clinton and former President Bill Clinton for their petulant, ill-advised, groundless and libelous actions. And they should all take a holiday in Iraq.