Florida Democrat asks for Discovery into Obama Eligibility

JT For Political Reform 2012/09/22 12:22:08

Florida Democrat who went to court to determine whether Barack Obama is
qualified for the office of president is asking the First District
Court of Appeal there to order legal “discovery” in the case, a process
in which each side examines evidence held by the other.

“Appellant submitted multiple sworn affidavits setting forth the
fraudulent nature of Appellee Obama’s birth certificate and other
identifying documents,” said the appeal of a decision by Judge Terry
Lewis, who said Obama is eligible and the case shouldn’t go forward.

The arguments were filed by attorney Larry Klayman, founder of both
Judicial Watch and Freedom Watch, who is being assisted in the case by a special Constitution Action fund. The case is on behalf of Michael Voeltz, a registered member of the Democratic Party of Florida.

“Appellee Obama conspicuously offered no evidence to the contrary and
instead asked for a stay of discovery in order to avoid a proper
determination of his citizenship. With only appellant’s affidavits in
front of him as no contra-affidavits were put forth by appellee Obama,
Judge Lewis ignored this sworn evidence and incorrectly determined that
appellee Obama was a natural born citizen,” the filing explains.

It continues: “A question of fact such as this cannot be determined
without the parties having been given the opportunity to take discovery.
Appellant was not permitted to investigate through discovery or even
observe the underlying documents that allegedly establish appellee
Obama’s natural born citizenship.

“If appellee Obama was born outside of the United States then he is
not a natural born citizen, or even a citizen. In addition to being born
within the United States, as noted above, a natural born citizen must
be born to two U.S. citizen parents. If it is shown through discovery
that Barack H. Obama Sr., appellee Obama’s father, was not a U.S.
citizen at the time of appellee Obama’s birth, then appellee Obama is
clearly not a natural born citizen as required by the U.S.

The case seeks to exclude Obama from the 2012 ballot. Klayman and
Voeltz claim that Obama is not a natural born citizen as required by
Article 2, Section 1 of the U.S. Constitution, because he was born a
British subject.

The case cited the evidence produced by Arizona Sheriff Joe Arpaio’s
special investigative unit, which has asserted that the birth
documentation from Hawaii that Obama claimed was “proof positive” of his
Hawaiian birth is not real.

As WND reported, Voeltz, a
voter and taxpayer in Broward County, challenged Obama’s eligibility,
arguing that the “natural born citizen” clause was rightly understood in
historical context to mean a child not only born in the U.S., but born
to two American-citizen parents, so as not to have divided loyalties.
Obama, however, readily admits to being born a dual citizen because of
his father’s British citizenship.

But Lewis rejected the evidence before him and ruled that Obama is eligible.

“The United States Supreme Court has concluded that ‘every person
born in the United States, and subject to the jurisdiction thereof,
becomes at once a citizen of the United States,’” Lewis wrote.

Not exactly, Klayman explained.

“The judge equated being a ‘citizen’ with a ‘natural born citizen’
and cited no authority to conclude the two terms are the same,” Klayman
said. “He quotes other state’s cases, where judges reached that
conclusion, but that’s not precedent for him. What other courts said in
lower cases means nothing to him.”

Is Obama constitutionally eligible to serve? Here’s WND’s complete archive of news reports on the issue

Lewis also said the case had to be dismissed because Obama, the only
candidate offered by the Democratic Party, actually was not “nominated”
as a candidate for president because at that time the nominating
convention had not been held.

Lewis also said his court lacked jurisdiction in the case.

Klayman argued in the appeal brief that Lewis is wrong on several counts.

“Lewis’ ruling bars any elector contest of eligibility in a
presidential primary, or in any unopposed primary, and is clearly
contrary to the plain wording of the well crafted and crystal clear
Florida statutes,” he wrote. “Appellant rightfully has standing, and the
judiciary is obliged to make a determination as to eligibility of ‘any
candidate,’ including presidential candidates.”

He continued: “By his own birth story, well told, he is not an
eligible natural born citizen, due to foreign citizenship at birth.
Appellant also asks for a determination of current citizenship that
would require examination of all of Mr. Obama’s passport and other
relevant records.

“If it is found that Barack Obama Sr. is indeed the father of Barack
H. Obama II, then appellant also seeks an injunction, preventing the
placement of the name Barack H. Obama on the Florida General Election
Ballot by order of the Florida judiciary, since he would not be an
eligible natural born citizen.”

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  • carsrus

    Obama lies will protect the marxist-maoist muslim commie shill until he
    leaves office on January 20,2013! THEN all HELL will
    break open &nbs...
    'Lookin' &nbsp... for
    'seein' him and criminal Holder in a Fed Pen!

  • Ken

    to fight this. BO is a FRAUD!! I have been investigating this myself
    for the last four years and this man is a LIAR. I can't figure out why
    no one, not even the federal judges will go up against him. It's never
    too late to through this LIAR out of office.

  • Fogbow_Foggy

    Good, then Jan. 20, 2017 won't be too late. Or too early, for that matter.

  • To
    many people realize Obama is not to be on the ballot of even in office.
    To admitt such is true would open the door to many demo-rats going to
    prison or paying hight fines at theleast. Well it should be that way.
    They broke the law in covering up this matter.

    The goverment is not to be above the law !
    Obama is not to be on the ballots !

  • Count
    your last government check because it is about to
    stop. Obviously spoken like a true IDIOT, What do you believe? U came
    from a pile of DUNG? Yep that is it. Sheeple = fogbow-foggy -Brain. Bah,
    BAH! A belief in ones creator is where the morals come from.

  • The word "REQUiRED", is the key, US Constitution Artcle 2 Section 1.

  • Fogbow_Foggy

    comment of the day, JamesT, because if the word "required" is the key,
    why doesn't Article II, Section 1 contain the word "required"??

  • Fogbow_Foggy

    God is on your side, birthers, how come all you do is LOSE? Doesn't God
    have the power to remove a president? Hasn't God put President Obama
    ahead in all the polls? Isn't God going to guarantee that he gets
    re-elected in November? Or do you worship a totally powerless God, who
    has let you lose 150 lawsuits in a row?

  • revgay

    maybe---but God is eventually going to judge1 oNE DAY NOT VERY FAR IN

  • Fogbow_Foggy

    I've been reading that for 4 years, Reverend Gay.

  • woodr

    Stand fast and watch the deliverance of the Lord.

  • Fogbow_Foggy

    I've been standing fast and watching for four years. When is it coming? ;-)

  • CJM2Top 100

    few are willing to go against the current administration for
    anything---and giving in to bullies gives them permission to continue
    their errant ways. The judge in GA capitulated at the last minute to
    the chicago mafia that is running rampant in our Nation's capitol; I
    doubt that this judge will have the gumption to do the right thing and
    rule against the wannabe dictator currently in the Oval Office. If our
    cowardly congress had taken action within the first 6 months of his
    office, we would nt be in the mess we are now in. We hire
    congressional members to represent us so we would not have to take the
    measures to ensure legitimate individuals are holding office. If they
    can't do thier job, vote them out or recall them. America deserves
    better than a do nothing congress.

  • Vote out all the judges that have not done right by the American people. they know Obama is not a citizen of USA.

  • revgay

    its almost too late to rule O ineliglble to even be on the ballot---all of this has been by design!

  • historyguy48
    I am a student of history, an author of many novels, and a
    My historical interests span just about every facet of human history and
    I usually read two to three books a week even though I write an average
    of seven hours a day.

    little, far to late. This should have been done prior to Dear Leader
    establishing control over the Justice Department. Now it is nothing but a
    dead end street, going nowhere.
    Worse yet, the person who the case
    was filed for may just die suddenly from a heart attack. That seems to
    happen around Dear leader very often. Maybe it's his charisma or
    something although it may also have something to do with a drug
    developed back in the 1960's for this purpose.

  • dhm52

    drug developed in the 1960s cannot be found in standard blood/urine
    screening. A forensic technician must specifically test for that drug.

  • historyguy48
    I am a student of history, an author of many novels, and a
    My historical interests span just about every facet of human history and
    I usually read two to three books a week even though I write an average
    of seven hours a day.

    course, it was used to eliminate those that needed to be
    eliminated.Makes sense right? It also doesn't take much, just a few
    drops so it is very difficult to detect and is virtually undetectable
    after just a few hours.
    Better living through chemistry, or, at least, better dieing!

  • More and MORE EVERYDAY! It is CLEAR, that we have an Election taking place in OUR country, that has ILLEGALS running for OFFICE.
    H E L L O!
    IS EVERYONE A S L E E P ?????
    Print out Copies of OUR Constitution and Put it UP EVERYWHERE!!!(Car windows,stores,telephone poles ,Everywhere) :)
    Help PEOPLE wake up!
    Peace and Post the Constitution Everywhere :)

  • JustAnotherJoe10

    the time the courts get through with dragging this issue through the
    mud, Obama will have had the time in the interim, to destroy this
    country (even more), and the truth about where he was born will not
    matter any more.

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Top Opinion

  • Mel the Witch POTL PWCM~JLA 2012/09/22 12:46:39
    Mel the Witch POTL PWCM~JLA
    Nice but here is the harsh reality. "Bama's" Guilty as Sin AG cleared on all charges, Rangel Guilty as hell cleared on all charges, Maxine Waters Guilty cleared on all charges. Reid should be in jail, Polousy should be in jail...all are free...

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  • Aqua Surf BTO-t-BCRA-F 2012/09/23 00:28:20
    Aqua Surf BTO-t-BCRA-F
    Lewis is another bought off crook. Paid or blackmailed or threatened. Whichever, he is unfit to wear a judicial robe.
  • keeper 2012/09/22 15:06:53
    It would be nice if more democrats would see the error of their ways~
  • Arizona1950 2012/09/22 15:01:31
    Getting Obama off the ballot would be a good thing for this country.
  • Temlakos~POTL~PWCM~JLA~☆ 2012/09/22 14:28:48
    At best, this will be yet another embarrassment to a court system determined to bury this case. Just another pointer to how far they will go.
  • MichaelJ 2012/09/22 13:16:30
    Is this just a tiny indication that the democratic party still has members who can remember what their party was at one time? As a former democrat who was forced to give up the party I hope so.
  • JT For ... MichaelJ 2012/09/22 13:21:56
    JT For Political Reform
    So do I.
  • freethinker 2012/09/22 12:54:55
    Anyone with Commen Sense knows He Is the Fraud From Hell!
  • JT For ... freethi... 2012/09/22 13:08:32
    JT For Political Reform
  • Mel the Witch POTL PWCM~JLA 2012/09/22 12:46:39
    Mel the Witch POTL PWCM~JLA
    Nice but here is the harsh reality. "Bama's" Guilty as Sin AG cleared on all charges, Rangel Guilty as hell cleared on all charges, Maxine Waters Guilty cleared on all charges. Reid should be in jail, Polousy should be in jail...all are free...
  • JT For ... Mel the... 2012/09/22 13:09:16
    JT For Political Reform
    I agree. But when you have Holder for the AG, you know all the bad guys are going to get off.
  • JT For Political Reform 2012/09/22 12:23:15
    JT For Political Reform
    There are even liberals that question Obama's eligibility.

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