Sheriff Joe goes after Obama in Florida

Birthpangs 2012/06/13 03:43:52
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Arizona Sheriff Joe Arpaio and his Cold Case Posse lead investigator have submitted sworn affidavits in a Florida case challenging President Obama’s eligibility for the election ballot of the crucial swing-state that decided the 2000 presidential election.

Significantly, Judge Terry Lewis in Leon County – known for his rulings in the Bush v. Gore case at the center of the 2000 contested election – has confronted the White House for failing to support its claim that the term “natural born citizen” in the U.S. Constitution means something other than the offspring of two American citizens.

Lewis has scheduled a hearing for Monday at 9 a.m. at the Leon County Courthouse in Tallahassee to hear the Obama team’s motion to dismiss the case and determine whether it should go forward with discovery.

Affidavits from Arpaio, Cold Case Posse lead investigator Mike Zullo and WND author and senior reporter Jerome Corsi have been filed ahead of the hearing. The briefs support the complaint’s charge that there is evidence Obama is constitutionally ineligible for the White House and, therefore, original documentation is needed to determine whether he should be on the ballot.

Attorney Larry Klayman, founder of the Washington, D.C., watchdogs Judicial Watch and Freedom Watch, is representing a registered member of the Democratic Party, Michael Voeltz, who has filed the complaint as a Florida voter. Klayman’s work is supported by the non-profit ConstitutionActionFund.org.

Klayman told WND today that unlike other Obama eligibility cases, this case “likely will go the distance” because of the strength of Florida law, which provides voters with the right to challenge a candidate’s eligibility.

“The judge must make a decision based on eligibility,” Klayman explained. “He can’t sidestep it as judges in other states have attempted to do.”

Florida “is our best hope to get rulings on the merits.”

Klayman said he’s confident his client “has an absolute right to challenge Obama’s eligibility on the Florida ballot.”

“As a Floridian,” he added, “I’m proud that the court has the legal means to make a determination on Obama’s eligibility and pray that this court will follow the law.”

Also at issue in the case is whether it is the duty of Florida Secretary of State Ken Detzner and the state Elections Canvassing Commission – named as defendants – to ensure that all candidates on the state’s ballot are eligible.

In a hearing May 31, Lewis noted that while Klayman’s brief cited a U.S. Supreme Court’s decision defining “natural born citizen” as the offspring of two citizens of the nation, the White House’s arguments provided no citations.

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As WND reported, the Florida eligibility case points out that Obama posted on the Internet an electronic image of a purported birth certificate alleging he was born in Hawaii to an American citizen mother and a Kenyan father. The complaint notes that Arpaio’s investigation found probable cause that the document is a forgery. But it argues that even if Obama was born in the U.S., he is not a natural-born citizen, because his father was a foreign citizen.

Arpaio recounts in his affidavit how, in response to the request of Maricopa County residents, he commissioned a team “of former police officers and attorneys who have worked tirelessly since last October, looking into this controversy.”

“Upon close examination of the evidence,” Arpaio states, “it is my belief that forgery and fraud was likely committed in key identity documents including President Obama’s long-form birth certificate, his Selective Service Registration card, and his Social Security number.”

Zullo states in his affidavit that he advised Arpaio that the document posted by the White House as Obama’s birth certificate represents two crimes: fraud in its creation and fraud in its presentation to residents of Maricopa County and the American public as “proof positive” of Obama’s birth in Hawaii.

His investigators further determined, he says, that the Hawaii Department of Health has engaged “a systematic effort to hide from public inspection whatever original 1961 birth records the Hawaii Department of Health may have in their possession.”

Freshly updated! Find out what Obama’s story truly is, in “Where’s the REAL Birth Certificate?” by Jerome Corsi. Or join in the billboard campaign that seeks the answer to “Where’s the Real Birth Certificate?”

Zullo points to five videos the Cold Case Posse produced at a March 1 news conference to demonstrate why the White House document is suspected to be a computer-generated forgery.

“The videos illustrate point-by-point the investigators’ conclusion that the features and anomalies observed on the Obama long-form birth certificate were inconsistent with features produced when a paper document is scanned, even if the scan of the paper document had been enhanced by Optical Character Recognition (OCR) and optimized,” Zullo’s affidavit states.

Corsi’s affidavit says his research continues to indicate “key identity papers for President Obama have been forged,” including the birth document released by the White House and his Selective Service registration form.

Klayman also is submitting, as part of Corsi’s affidavit, a copy of the WND reporter’s book Where’s the Birth Certificate?”, which presents a detailed explanation and history of the natural-born citizen clause and its relevance to Obama.

‘The framers were not stupid’

At the May 31 hearing, Judge Lewis responded to briefs filed by Obama’s team that argued it would be an undue burden and expense for the president to fulfill requests for evidence and testimony in the case.

The judge then demanded that Obama’s attorney’s cite the authority on which they based their argument that it isn’t necessary to have two citizen parents to be a natural-born citizen.

Klayman has cited the U.S. Supreme Court case Minor v. Happersett from 1875, which defined natural-born citizen as the offspring of two U.S. citizens.

“The framers were not stupid,” said Klayman. “They understood that a president with divided loyalties could present a security and other risks for our nation.”

Lewis ordered further briefing on the natural-born citizen issue before Monday’s hearing.

Klayman has explained in his court filings that Florida’s election statutes provide broad protections for voters to ensure the integrity of the election system. A Florida law enables voters to challenge the nomination of a candidate on the basis of eligibility.

The complaint asserts that because state officials have sworn an oath to “support, protect, and defend” the Florida and U.S. constitutions, they are “duty bound to uphold the eligibility requirements.”

Hard decisions

Klayman, noting Lewis’ decisions in the Bush v. Gore case in 2000, described Lewis as “a judge who is not afraid to make hard decisions.”

“In the Gore v. Bush case he ruled on occasion in favor of Bush even though he generally leans left,” Klayman said in a previous interview. “I am hopeful he will do the right thing and rule that the Florida secretary of state must verify Obama’s eligibility to be on the ballot for the Florida presidential election.”

Prior to his part in the Bush v. Gore case, Lewis drew national attention for overturning a 1999 law requiring that parents of minors be notified 48 hours before their daughters have an abortion.

In his ruling, he wrote “not every minor comes from a Norman Rockwell family.”

“Some have problems with abuse if their parents are consulted,” Lewis said.

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  • alanh 2012/06/13 12:18:30
    Go get the Usurper Joe.
    Way to go Joe! I hope it finally gets the TRUTH out for a change and leads to Obutheads downfall!!
  • Mr. T 2012/06/13 08:24:40
    Go get the Usurper Joe.
    Mr. T
    I hope, although doubtful, Joe kicks Obama's ass so hard his Kenyan brethren feel it.
  • angelbaby 2012/06/13 05:10:56
    Go get the Usurper Joe.
    This is awesome stuff! Lol
  • Schläue~© 2012/06/13 04:52:02
    Go get the Usurper Joe.
    Kudos to Sheriff Arpaio, Klayman, Zullo, and especially Taitz who may not have anything to do with the Florida case but has never backed off.

    Good luck to all and may they please have finally found an honest Judge in a state with strict laws.
    Their safety is of huge concern.... but we've had people in our past that understood the consequences, yet plowed ahead.
  • TaxCode... Schläue~© 2012/06/13 05:16:03
    Hahah yes keep forum shopping for that one honest judge.....
  • TaxCodeIsLaw 2012/06/13 04:43:30
    Why waste your time with useless affidavits about what you and your investigators "believe Joe? Isn't the responsibility of a law enforcement official with probable cause of a criminal act to turn it over for prosecution. Curious why Joe hasn't done that..........and why he equivocates his accusations of forgery with "I believe."
  • Schläue~© TaxCode... 2012/06/13 04:58:14
    Derrrr .... who do you think Larry Klayman is? He is legal counsel representing the clients in the case. He isn't from the State of Florida prosecutors office and they aren't the ones bringing suit.

    Arpaio said "I believe" because it's the Judges job descriprion to make the rulings.

    derp - derp - derp.
  • TaxCode... Schläue~© 2012/06/13 05:14:07 (edited)
    So rather that prosecute a crime in Arizona which Arpaio claims to have evidence of, he chooses to file inadmissable hearsay in a case in Florida being argued by a WND writer. Keep hitting that paypal button sucker.
  • Schläue~© TaxCode... 2012/06/13 05:28:19
    Way above your nugget Mr. tax preparer.
  • TaxCode... Schläue~© 2012/06/13 05:38:04
    Another coherent and relevant response.
  • Sport_G... TaxCode... 2012/06/13 13:43:09
    I'll play along....What's the hearsay? ...........always willing to listen to both sides of an issue as long as it stays civil and intelligent.
  • TaxCode... Sport_G... 2012/06/13 14:31:35
    Hearsay is any out of court statement offered to prove the truth of the matter asserted. The entire affidavit is hearsay. Is inadmissable to prove any of the facts contained therein. Absent a hearsay exception none of it is admissible. There is the additional problem with Joe affying to issues that would require expert testimony,( i.e. those relating to special knowledge and not relating to the ordinary person's senses (document authenticity)) without properly qualifying Joe as an expert or providing the opportunity to cross.
  • Sport_G... TaxCode... 2012/06/13 14:45:19
    Well thank you for the definition but I already knew that. What I am asking is what part of the evidence submitted is hearsay. There is no hearsay when the case revolves around the fact that Obama's father was never a U.S. citizen. There is no hearsay when in the late 1800's the framers of the 14th amendment (about rights of African Americans, Native Americans, etc) were addressed in open Congress and the difference between citizen and natural born citizen discussed . There is clearly a difference as the clause to be president is the only place that "natural born citizen" is referred to.

    By the way, the sworn deposition or affidavits are not relating information from a third party....they are from the investigators who examined the manufactured PDF and others who personally investigated Obama's draft registration and social security number. No hearsay.............
  • Birthpangs Sport_G... 2012/06/13 14:49:36
  • TaxCode... Sport_G... 2012/06/13 15:20:11 (edited)
    You apparently don't understand the definition if you are asking what part is hearsay. The entire affidavit is hearsay. Information need not come from a third party. It need only be an out of court statement (statement during a court proceeding, under oath, and subject to cross) offered to prove the truth of the matter asserted. hell, real police reports would be hearsay if not for an exception. If klayman wants any of Joe's nonsense in the only way to do it is to lay the foundation to qualify Joe as an expert witness and present his evidence. Of course Joe will not qualify and the verification from the state of Hawaii would render his garbage irrelevant. You being a consititutionalist and learned in our legal system I'm sure i don't need to explain full faith and credit
  • Sport_G... TaxCode... 2012/06/13 15:42:03
    I have submitted several "sworn affidavits / depositions" in a criminal cases against an employee who stole from our company years ago. Every one of them were admitted as evidence during the trial and the purpose of them was strictly to keep me from having to be away from the family business for 3 days during the trial because there would be no one to run it in my absence.

    You seem to miss the point about "natural born citizen" that has been discussed and ruled on in the late 1800's. The issue being submitted has nothing to do with whether or not Obama was born in Hawaii but the fact that a natural born citizen is a person born to 2 US citizens. Obama's father NEVER WAS a U.S. citizen. To understand this you would have to (if you havent) read all of the case history from Minor V Happerset and what the framers of the 14th amendment said a natural born citizen is.

    The Florida case has nothing to do with where Obama was "allegedly" born but is about constitutional eligibility under the requirements to be POTUS and definition of "natural born citizen". The issue of the submission of a "manufactured birth certificate not a true copy may come up but thats not what the Florida case is about.
  • TaxCode... Sport_G... 2012/06/13 16:02:05 (edited)
    Congrats you understand that there are exceptions to the inadmissibilty of hearsay evidence, such as a witness who is unavailable. Now you just need to find an exception for Joe and more specifically for expert testimony.

    I don't miss the point about natural born citizen. That bit of birther delusion is not relevant to claims of forgery. Please try to stay on point. If the Florida case isn't about where Obama wad born then you admit this is all just political theater and an attempt to swiftboat the president.

    Edit to add my favorite law school video
  • Sport_G... TaxCode... 2012/06/13 16:23:02
    The Florida case is about Obama's eligibility to be on the ballot.

    "Arizona Sheriff Joe Arpaio and his Cold Case Posse lead investigator have submitted sworn affidavits in a Florida case challenging President Obama’s eligibility for the election ballot of the crucial swing-state that decided the 2000 presidential election.

    Significantly, Judge Terry Lewis in Leon County – known for his rulings in the Bush v. Gore case at the center of the 2000 contested election – has confronted the White House for failing to support its claim that the term “natural born citizen” in the U.S. Constitution means something other than the offspring of two American citizens."

    The challenge is not based upon where Obama was born but the definition of "natural born citizen" and that Obama does not meet the definition because of his father's Kenyan citizenship and the fact he never applied for or was granted U.S. citizenship. If the definition of natural born citizen determined in the earlier cases is ruled as accurate and valid then Obama is not eligible to be POTUS.

    The forged birth certificate may come into play because it is a forged document submitted for the purpose of being placed on the ballot. It appears that you are the one going off topic here not me as the first 2 paragraphs clearly outline what the case is about.
  • TaxCode... Sport_G... 2012/06/13 16:59:19
    The discussion was about arpaio's affidavit related to forgery. Which has no bearing on the well established definition of BBC which had no requirement other than just soli
  • Birthpangs TaxCode... 2012/06/13 12:19:28
  • TaxCode... Birthpangs 2012/06/13 14:32:20
    So the Maricopa DA is corrupt?? Oh wait the corrupt DA is gone now. Bad news for Joe.
  • Birthpangs TaxCode... 2012/06/13 14:50:10
  • TaxCode... Birthpangs 2012/06/13 15:24:00
    We are talking about Florida and ignoring the fact that Joe is doing nothing in the state where he actually could present his evidence and initiate prosecution.
  • Birthpangs TaxCode... 2012/06/13 18:37:01
  • TaxCode... Birthpangs 2012/06/13 19:19:56
    So you asserting that Joe is impotent in az. Got it.
  • Birthpangs TaxCode... 2012/06/13 21:00:33
  • TaxCode... Birthpangs 2012/06/13 21:56:40
    I'm batting a thousand on birther court cases. This one will end with yet another dismissal
  • Birthpangs TaxCode... 2012/06/14 03:34:46
  • TaxCode... Birthpangs 2012/06/14 03:35:42
    You are correct. See Wong Kim Ark
  • Aqua Surf BTO-t-BCRA-F 2012/06/13 04:30:12
    Go get the Usurper Joe.
    Aqua Surf BTO-t-BCRA-F
    Keep up the pressure Sheriff Joe; sooner or later, they'll find a judge who isn't in Obama's pocket and is not blackmailable.
  • Magnus ☮ RP ☮ 2012 ☮ 2012/06/13 04:08:44
    Go get the Usurper Joe.
    Magnus ☮ RP ☮ 2012 ☮
  • Birthpangs 2012/06/13 03:44:38

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