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NJ ALJ says "Obama born in Hawaii" with no evidence introduced. Fair or foul?

Temlakos~POTL~PWCM~JLA~☆ 2012/04/11 11:53:55
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In the latest Obama eligibility challenge, an Administrative Law
Judge cleared Obama for the New Jersey Democratic Primary today. The two
men who objected to Obama’s nominating petition vowed to appeal.


Obama eligibility issues

Nick Purpura of Wall Township, NJ, and Ted Moran of Toms River, NJ,
filed their objection Thursday with the New Jersey Board of Elections.
Lawyer Mario Apuzzo of Jamesberg, NJ, delivered the brief and spoke
directly to Robert Giles, Director of Elections. Apuzzo argued Purpura
and Moran’s case today (Tuesday, April 10) at the Office of
Administrative Law in Mercerville. The Elections Division notified the
Obama campaign at once, and they sent their own lawyer, Alexandra Hill,
to appear. Administrative Law Judge (and Associate Director of the OAL)
Jeff Masin presided.


Purpura and Moran objected to Obama appearing on the June 5 Democratic Primary ballot on two grounds:


  1. No one knows exactly who Barack H. Obama is, because he has had
    three different names in life. Furthermore, he has never furnished a
    true copy of his birth certificate to the Secretary of State. So no one
    can be sure that Obama was born in the United States.
  2. Obama’s father was a British colonial subject. He not only was not a
    naturalized citizen on the alleged date of Obama’s birth, but indeed
    never sought naturalization. Therefore Obama could never be a
    natural-born citizen no matter where he was born.

Ms. Hill offered no evidence, but spent her time objecting to the
entire case, to every witness whom Apuzzo called, and every document he
tried to introduce. In every specific case, she said that the documents
were neither originals nor certified copies. More generally, she said
repeatedly that New Jersey law did not obligate Obama in any way to
prove that he was eligible to the office of President. The only grounds
for challenging a nominating petition, said Hill, were whether the
petitions were in the proper form, all who signed were registered
voters, no voter signed more than one petition, whether the campaign
gathered enough signatures, etc.


Apuzzo countered that the New Jersey Constitution and at least one case on point (Strother, 6 NJ @ 565), obliged the Secretary of State to find affirmatively whether a given candidate was qualified for the office he or she sought, or not.


A surprise admission
Mario Apuzzo, arguing the latest Obama eligibility challenge

Mario Apuzzo walks toward the Office of Administrative Law with his two clients. Photo: CNAV.


About two-thirds of the way through the hearing, Hill admitted in open court something that no lawyer for the Obama campaign has ever admitted. Obama never furnished a true copy of his birth certificate to the New Jersey Secretary of State. Furthermore, the PDF file that the White House has served to the Internet since April 27, 2012, is not relevant to the case in any way.


Hill conceded this point after Apuzzo tried to call Brian Wilcox, an
expert document analyst. He was ready to show that no one could rely on
the PDF file as a substitute for a hard-copy long-form birth
certificate. But Judge Masin said at once that neither he nor Secretary
of State Kim Guadagno had ever seen a birth certificate, whether on
paper, as a PDF file, or on the Internet. He told Apuzzo that calling
Wilcox would be “premature.”


Then Masin turned to Hill and asked her directly:


Is it your legal position that the document on the Internet is irrelevant to this case?


Hill replied, “Yes.” Masin then asked:


And indeed you concede that Mr. Obama has not produced an alleged birth certificate to the Secretary of State.


Hill at first said, “It has been released nationally,” but then
admitted that she did not know personally that Obama had given any such
document to the Secretary of State, nor did she intend giving such a
document to the court today. But she also argued, after Judge Masin
asked her repeatedly, that Obama need not produce any evidence at all.


Apuzzo told CNAV during a recess in the hearing that this
was the most stunning thing that any lawyer for Obama had ever admitted,
in an Obama eligibility case or in any other case. When the hearing
finally adjourned at 12:30 p.m., Apuzzo was confident of prevailing on
this point. He observed that Hill, after objecting to everything that
Apuzzo tried to introduce into evidence, offered no evidence on her own behalf and even admitted that the infamous PDF document was legally worthless.


A shocking turnabout
Judge Jeff Masin heard the Obama eligibility case in New Jersey

The Hon. Jeff Masin presides at the latest Obama eligibility hearing. Photo: CNAV


But the judge shocked Apuzzo when, at about 7:30 p.m., he called
Apuzzo to tell him that the Obama campaign had prevailed on both points.
Said the judge, according to Apuzzo:


As far as I’m concerned, Obama was born in Hawaii.


Apuzzo could not explain how Judge Masin could rule that way, after
observing in open court that neither Obama nor his surrogates had shown
that he was born in Hawaii.

Add a comment above

Top Opinion

  • Temlakos~POTL~PWCM~JLA~☆ 2012/04/11 11:57:09
    Foul
    Temlakos~POTL~PWCM~JLA~☆
    +23
    This is amazing. The embedded video has the highlight of the hearing: when the Obama lawyer *conceded* (the judge's word, not hers, nor mine) that she was there to offer *no* evidence of Obama's qualifications. She brazenly said that a Presidential candidate doesn't have to offer a thing! And the judge accepted that!

    "We don't have any birth certificate. We don't need a birth certificate! WE DON'T NEED TO SHOW YOU ANY STINKIN' BIRTH CERTIFICATE!"

    One small favor: now an Obama team lawyer has said in open court that the PDF file, that they are pleased to call "his birth certificate," has no evidentiary value and is not worth submitting to any official in charge of elections.

    This case is ripe for appeal, and is going for an appeal.

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  • Mary rocat 2012/04/11 21:10:35
    Mary
    +1
    Yes...she would have a lot to say...so would Bill!
  • **StarzAbove** 2012/04/11 18:26:54
  • Jeremiah 2012/04/11 18:21:59 (edited)
    Fair
    Jeremiah
    +4
    What evidence was presented to indicate he should not be on the NJ ballot? Did any of it make any sense, and was any of it new? Or was it the same warmed-over hash we have been seeing and hearing for three years?

    We now know these frivolous cases will persist until Obama leaves office in 2017. They keep saying they are getting closer to the truth, but the actual truth is all birthers are nuts.
  • CuresCa... Jeremiah 2012/04/11 19:39:43
    CuresCancer
    +7
    Hill stipulated that they had no birth certificate.

    Here is why...

  • Always ... CuresCa... 2012/04/11 21:06:26
    Always Right
    +3
    It's ashame the liberals won't listen to it. I've seen a couple of presentations that clearly show a fraud was committed!
  • Jeremiah CuresCa... 2012/04/12 04:28:30
    Jeremiah
    +4
    What about it? It looks legitimate to me.
  • Marty9957 Jeremiah 2012/04/11 20:48:56
    Marty9957
    +3
    They will continue after he leaves office as well. There will be no staute of limitations on this hoax. Just like Bin Laden, there is no rush, as long as it takes to solve this in the minds of the people. I hope that he will be proven a fake and a liar for all to see. History will tell.
  • Jeremiah Marty9957 2012/04/12 04:29:56
    Jeremiah
    +3
    Don't hold your breath. He is not a fraud, and there is no chance of him being proven one, except in the deluded minds of the birthers.
  • Marty9957 Jeremiah 2012/04/12 13:07:14
    Marty9957
    +1
    I also didn't hold my breath on Bin Laden. You know how that worked out. They found him.
  • Jeremiah Marty9957 2012/04/12 16:23:28
    Jeremiah
    +2
    The SEAL's were in Abbottabad on orders from Obama. When the intel on bin Laden's whereabouts became available in August of 2010, Obama instructed Leon Panetta to organize the training for the mission, and when the time came Obama decided on the SEAL's to carry out the mission. The rest is history.
  • Marty9957 Jeremiah 2012/04/12 17:38:39
    Marty9957
    +1
    You wouldn't happen to have a signed copy of those orders would you. I served as well and I know the chain of command to the SOG. There are many countries where our Special Operators are committed in search of terrorists. Each is not under the orders of the president.

    The orders were put into place durng the Bush administration. Just like the rise in oil production which Obama is taking credit for in his campaign tour of America. Had he left what Bush left in palce, the picture would be much better but he didn't. He only left 30% of what the previous administration opened up for exploration and development.

    One other little point where Obama has tried to take credit is the troops leaving Iraq. Truth be told, President Bush had that all sewed up before he leeft office. If you know aas much as you seem to think you do, you should be familiar with the SOFA Agreement between the United States and Iraq. Obama didn't do a damn thing to get the troops out, he just let the SOFA Agreement play out. Some may be fooled by this administration but the way things are looking, not as many as there were in 2008.

    Have a nice day.

    BTW: Seal Team SIX was training way before Obama got wind of it.
  • Jeremiah Marty9957 2012/04/12 18:11:23
    Jeremiah
    Why would I have a copy of the orders? Do I look like a luminary?

    Did you happen to catch Hillary's remarks at the Naval Academy yesterday? She described the timeline for the operation. Since she was in all the meetings, she is in a position to know. Perhaps she could get you a copy of the orders.

    Yes, Bush had made an agreement to leave Iraq, but his plan called for many troops to remain. Obama amended it to a pullout of all troops. That is a major difference.

    Team Six is always training, but they did not begin training for that mission until they were ordered to do so.

    I understand you can't possibly give credit to Obama for anything, but his record in foreign policy and national security is outstanding, whether you admit it or not.
  • Marty9957 Jeremiah 2012/04/12 18:38:59
    Marty9957
    +1
    You miss the point, one most likely does not nor did it ever exist. Hillary is one other person I wouldn't believe if my life depended on it. She was in the White House while I was still in the service.

    No Obama did not amend it. His representatives could not negotiate the rules under which those troops would remain. Has to do with jurisdictional responsibility over American troops. Not that he tried very hard. When they failed to reach an agreement on that, they got asked to leave. Obama does not have the power to amend the SOFA Agreement without Iraq's agreement period. Both parties must agree on the changes. Where do I fine find this Obama amended copy.

    The order to train for the SOG came from their commander, the final attack order was squeezed out of Obama at the last moment.

    Obama's record on foreign policy and his record as C-in-C is abysmal if anything. He has no respect for congress and totally steeped on the constitution when he committed our air power to attack along with the UN forces without congress's approval.

    http://abcnews.go.com/Interna...

    "Moammar Gadhafi has a choice. The [U.N.] resolution that passed lays out very clear conditions that must be met. The United States, the United Kingdom, France and Arab states agree that a ceasefire must be implemented immediate...



    You miss the point, one most likely does not nor did it ever exist. Hillary is one other person I wouldn't believe if my life depended on it. She was in the White House while I was still in the service.

    No Obama did not amend it. His representatives could not negotiate the rules under which those troops would remain. Has to do with jurisdictional responsibility over American troops. Not that he tried very hard. When they failed to reach an agreement on that, they got asked to leave. Obama does not have the power to amend the SOFA Agreement without Iraq's agreement period. Both parties must agree on the changes. Where do I fine find this Obama amended copy.

    The order to train for the SOG came from their commander, the final attack order was squeezed out of Obama at the last moment.

    Obama's record on foreign policy and his record as C-in-C is abysmal if anything. He has no respect for congress and totally steeped on the constitution when he committed our air power to attack along with the UN forces without congress's approval.

    http://abcnews.go.com/Interna...

    "Moammar Gadhafi has a choice. The [U.N.] resolution that passed lays out very clear conditions that must be met. The United States, the United Kingdom, France and Arab states agree that a ceasefire must be implemented immediately. That means all attacks against civilians must stop," the president said today. "Humanitarian assistance must be allowed to reach the people of Libya."

    "These terms are not subject to negotiation," Obama said. "If Gadhafi does not comply with the resolution, the international community will impose consequences and the resolution will be enforced through military action."

    This action was in contradiction with the War Powers Act.
    (more)
  • ktmg 2012/04/11 18:11:32
    Foul
    ktmg
    +12
    And we wonder why Voter fraud is so prevalent in the Democratic party. The apple doesn't fall far from the tree!
  • Jeremiah ktmg 2012/04/11 18:25:34 (edited)
    Jeremiah
    +3
    There has been no evidence of voter fraud. Therefore, there is no demonstrable need for the picture ID laws, which will soon be ruled unconstitutional and a violation of the 1965 Voting Rights Act.
  • Lanikai Jeremiah 2012/04/11 18:44:25
    Lanikai
    +9
    States are offering FREE ID's. Free so no hardship in obtaining one. Also, IDs ARE required to get welfare, food stamps, medicaid, any medical care, a library card, social security, a drivers license, or dental care, WHY is producing an ID to vote so difficult especially in a class of people with a notable use of the "free" social services?
  • Jeremiah Lanikai 2012/04/11 19:04:37
    Jeremiah
    +3
    Not all states are offering free ID's. Here in TX many people can't get to the places where they can get the picture ID's. Most of them come at a cost, which is equivalent to a poll tax, ruled illegal by the Voting Rights Act.

    Voting is not a service. It is not an entitlement. It is a right safeguarded by the Constitution, the most basic right in any republic. It should never be made more difficult than showing up at a polling place and voting.
  • Lanikai Jeremiah 2012/04/11 19:35:38
    Lanikai
    +8
    If they cannot show an ID to vote, they should not receive ANY social welfare services because that requires an ID. This is a red herring argument by DEMS to set up massive voter fraud, Nothing more.
  • Jeremiah Lanikai 2012/04/12 04:34:03
    Jeremiah
    Massive voter fraud? There has been no demonstrable voter fraud. That is the red herring, to somehow justify the disenfranchisement of entire demographic groups. The GOP can't win on a level playing field, so they must try to rig the game.

    Voting and social services are not connected in any way. One is a service while the other is a guaranteed right. No one may interfere with that right, as we will find out when the cases reach the courts.
  • CuresCa... Jeremiah 2012/04/11 19:43:15
    CuresCancer
    +9
    Voting is not a right but a privilege. A person must qualify to be able to vote.

    Your entire argument is bogus.
  • Jeremiah CuresCa... 2012/04/12 04:35:27
    Jeremiah
    It is a right guaranteed in the Constitution. The Voting Rights Act of 1965 was based on that right.

    Your entire argument is without merit.
  • Mary Lanikai 2012/04/11 21:14:39
    Mary
    +2
    In the last election...they paid prisoners/convicts to vote.....
  • Jeremiah Mary 2012/04/12 04:35:39
    Jeremiah
    Your evidence?
  • Lanikai Mary 2012/04/12 15:16:03
    Lanikai
    And transported folks from place to place offering a sandwich and a pack of smokes to vote again. Indiana has the criminal cases going now.
  • Mary Lanikai 2012/04/13 23:58:08
    Mary
    +1
    And apparently the votes for the 2012 election will be counted in SPAIN....something smells really rotten in Madrid..

    http://fellowshipofminds.word...
  • Sheila Jeremiah 2012/04/11 18:55:45
    Sheila
    +7
    www.minnesotamajority.org/Por... · PDF file

    www.politicususa.com/wisconsi...

    Gave you one from each side so to speak. This is a concern and the majority of the country wants some kind of voter ID laws.

    You need ID to
    1.Get on an airplane
    2.Get something notarized
    3.Open a bank account
    4.Register for college
    5.Drive
    6.Apply for Food Stamps
    7.Apply for Medicaid
    8.Apply for Unemployment
    9.Cash a check
    10.Get a mortgage
    11.Get married
    12.Get a job
    13.Apply for Welfare
    How is it that the man who saw his own district was willing to hand his ballot to someone who was not him can say we don't need voter id laws?
  • Jeremiah Sheila 2012/04/11 19:08:46
    Jeremiah
    +3
    Voting is not a service or an entitlement. It is the most basic right in any republic, protected by the Constitution and the Voting Rights Act. Requiring anything like the picture ID is expressly forbidden, and all of the laws requiring them will be thrown out in the courts.

    There are no reports of voter fraud, no evidence, nothing. The picture ID laws are a means of disenfranchising certain demographics, such as students, minorities and the elderly, groups that often tend to vote Democratic. There is the key.
  • Sheila Jeremiah 2012/04/11 19:15:20
    Sheila
    +5
    We always get ID in LA. You can't vote without one. I didn't vote in TX so I don't know about there, but in LA we are asked and must provide pic id and no one bitches about it at all.
  • Lanikai Sheila 2012/04/11 19:33:46
    Lanikai
    +2
    AL requires an ID.
  • Sheila Lanikai 2012/04/11 19:54:24
    Sheila
    +5
    LOL, so us "silly southerners" are not quite as silly as folks like to think huh?
  • Lanikai Sheila 2012/04/11 20:06:17
    Lanikai
    +3
    We still have and use "common sense" here. Ironic, I know.
  • Sheila Jeremiah 2012/04/11 18:57:01
    Sheila
    +3
    http://www.politicususa.com/w...

    http://www.minnesotamajority....

    IDK why it didn't do links on the other reply. Hope this one works....
  • Jeremiah Sheila 2012/04/11 19:17:24
    Jeremiah
    +2
    I have lived in Minnesota, and I know what Minnesota Majority is about. It is a right wing group dedicated to imposing a right-wing agenda on the state, which is usually more progressive than they are. The article you presented has been debunked by local news sources as nothing more than hyperbole.

    The Wisconsin case does not represent an example of the usual allegations of voter fraud.
  • 56lady☆... Jeremiah 2012/04/11 19:03:21
  • Sheila 56lady☆... 2012/04/11 19:16:04
    Sheila
    +4
    I would imagine it is frequent in TX due to illegals.
  • 56lady☆... Sheila 2012/04/11 20:24:38
    56lady☆POTL JLA BTO-t- BCRA-F's
    +6
    oh you better believe it happens ... but I am going to be a poll worker this year .

    I will be watching and listening!!
  • Sheila 56lady☆... 2012/04/12 17:36:13
    Sheila
    +2
    Good for you!! And THANK YOU!! We need people in all the polls watching. You in Houston?
  • 56lady☆... Sheila 2012/04/12 21:15:01
    56lady☆POTL JLA BTO-t- BCRA-F's
    +2
    Katy .... close enough
  • Sheila 56lady☆... 2012/04/13 15:14:12
    Sheila
    +2
    Bless your heart. I LOVED Dallas, but you couldn't make me move back to Houston. Katy still have its small town feel or is it just another suburb now? I was floored the last time I was in Houston how much it had spread since I was there last.
  • 56lady☆... Sheila 2012/04/13 16:21:47
    56lady☆POTL JLA BTO-t- BCRA-F's
    +2
    You can't tell when you leave Houston and come into Katy :(
    We are in the position that we could be annexed into the city of Houston .... they need the property taxes because Houston is in deep debt due to the liberal democrats running Houston into ground ... Now that scares me.

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