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What kind of BS is this? Obama's attorneys argue that Obama's eligibily can't be questioned because he's not the parties nominee!!!!!!!!!!!!!!!

Al C. 2012/06/18 23:31:28
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TALLAHASSEE, Fla. – Attorneys arguing on
behalf of Barack Obama’s re-election plans today urged a Florida judge to
decide that Obama is not yet the Democratic nominee for president and ignore
evidence challenging his eligibility.



The arguments were raised by attorney Mark
Herron on behalf of Obama in a hearing before Judge Terry Lewis in Florida, who
is best known for presiding over the 2000 Bush v. Gore election dispute.



Lewis is credited with making crucial rulings
in the contested 2000 presidential election when ultimately a Florida recount
was halted by the U.S. Supreme Court, and George W. Bush was declared the
winner.



Attorney Larry Klayman filed the challenge to
Obama’s eligibility for the ballot on behalf of Michael Voeltz, who identifies
himself in the complaint as “a registered member of the Democratic Party,
voter, and taxpayer in Broward County.”



Attorneys representing Obama at the hearing,
which was livestreamed by WND, argued that the Florida presidential preference
primary, which listed Obama as the only Democrat nominee, didn’t make him the
party’s nominee for president.



Herron argued the Florida process affirms only
that Obama is the choice in the state’s presidential preference primary but is
not necessarily the party’s nominee for president.



A video
recording of the hearing will be available for viewing online at WND



“This language clearly indicates the winner of
the president preference primary, not the nominee of the party,” he said.



But the judge noted that the party wrote to
Florida’s secretary of state a letter indicating Obama’s name was the only one
submitted, and he thought the state’s electors were bound to vote for him.



“Wasn’t there a letter [that said] this is the
only candidate whose name will appear?” Lewis asked.



Obama’s attorneys said such a decision “has
not been triggered yet.”



Klayman argued that according to state law,
when only one name is submitted, that person automatically becomes the nominee,
even if the national Democratic Party nominating convention has not been held.



No decision was announced immediately. The
judge said he would review the law, but he had pointed questions for both
sides.



When Klayman noted the Founding Fathers
established the natural-born citizen requirement because they wanted to avoid
foreign influence on a president from a non-citizen parent, Lewis countered by
posing a hypothetical situation in which a candidate’s two U.S.-citizen parents
later emigrate to Israel.



Klayman said the Founding Fathers’ attempt to
avoid a conflict of interest in the Oval Office did not include every possible
scenario.



The judge asked whether the Democratic Party,
as a private group, had a right to choose a nominee, even if that person was
ineligible.



Lewis questioned a citation by Obama’s
attorneys of a Florida law that suggests when only one person is on the ballot,
that person becomes the nominee. He told the attorneys he would review the
details of the law.



The arguments by Obama’s attorneys reflected
their request that the judge simply dismiss the case because they claim a
sitting president chosen by his party at multiple levels is not yet officially
the nominee.



Klayman accused the Obama attorneys of playing
a “shell game” and trying to put off the issue, as numerous courts did in 2008
until the election was over and Obama was inaugurated.



The judge could remove Obama’s name from the
November ballot in Florida, a crucial swing state, should he determine that the
Constitution’s requirement that a president be a “natural born citizen” can be
applied at the primary level.



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



Klayman told WND that during a hearing last
month on discovery issues in the case, Lewis noted that the plaintiff’s brief
cited U.S. Supreme Court case Minor v. Happersett from 1875 defining “natural
born citizen” as the offspring of two citizens of the nation, while the Obama
campaign’s arguments provided no citations.



Defining the term is critical. Such a step has
not been reached in any of the more than 100 legal cases that have been brought
over Obama’s eligibility.



The U.S. Constitution’s “natural born citizen”
requirement is not imposed on other federal officials. The writings of the
Founders indicate the requirement was meant to ensure that no person who had
divided loyalties would serve as commander in chief.



Klayman has argued that since Obama, by his
own admission, was not born to two citizen parents, he is not a “natural born
citizen” and, therefore, is ineligible to be a candidate on the state’s
election ballot.



Florida’s election statutes provide broad
protections for voters to ensure that the integrity of the election system is
beyond reproach. One of the laws allows voters to challenge the nomination of a
candidate who is not eligible for the office he is seeking.



WND earlier reported on the case, which raises some of the
same issues that have been raised in other state ballot challenges.
Specifically it alleges:



On or about April 2011, only after years into
his presidency, and under media and political pressure, Barack Hussein Obama
published on the Internet an electronic version of a purported birth
certificate alleging his birth in Honolulu, Hawaii on August 4, 1961, to
American citizen mother, Stanley Ann Dunham, and Kenyan British subject father,
Barack Obama Senior.



There is credible evidence indicating that
this electronically produced birth certificate is entirely fraudulent or
otherwise altered. No physical, paper copy of the actual long form birth
certificate has been produced in order to definitively establish Barack Hussein
Obama’s birth within the United States.



The action follows by weeks the release of
Sheriff Joe Arpaio’s investigation into Obama’s eligibility. The investigation
by professional law enforcement officers working on a volunteer basis for
Arpaio’s Cold Case Posse found probable cause that Obama’s birth certificate
was forged and fraudulently presented as a genuine document.



The plaintiff has submitted affidavits from
Arpaio and others to support the claim.



The complaint explains that even if Obama was
born within the United States, he is still not a “natural-born citizen” as
required by the U.S. Constitution. That’s because his father was born in the
British Colony of Kenya on June 18, 1936, making him a British subject,
according to the British Nationality Act of 1948.



A case filing explains: “No physical, paper
copy of defendant Obama’s birth certificate has been presented to establish his
eligibility. … Defendant Obama has electronically produced a copy of what he
purports to be his ‘birth certificate.’ Nevertheless, there is evidence to
suggest that the electronically produced birth certificate is entirely
fraudulent or otherwise altered.”



When asked by Judge Lewis, Klayman confirmed
he could add to the complaint details of the evidence Obama was not born in the
U.S.



Obama’s attorneys told the judge that other
courts have decided that courts should not make such decisions and the process
is better handled by Congress. They said state courts especially are not suited
to making a decision on the eligibility of Obama.



“They are precluded from judging the
qualifications of candidates for president of the United States,” the Obama
attorneys said.



But Klayman pleaded with the judge to decide
the issue, because a determination made after the election could negate
Florida’s vote.



“Florida has a special duty not just on behalf
of the citizens of Florida but on behalf of the United States,” he said.



Klayman referred to a recent Obama order to
underscore the significance of the Founders’ desire that the president not have
divided loyalties or “not even a hint of foreign influence.”



“Just a few days ago, he issued an executive
order … which in effect allows illegal alien students who came into this
country … to remain in this country. … The president’s own father was in fact
here on a student visa and ultimately was deported because that visa expired.”



Klayman reiterated the Supreme Court’s Minor
v. Happersett definition of “natural born citizen” as a person born in the
country of two citizen parents.



“The point is this, your honor,” said Klayman.
“The president is not like everybody else. If that was the case the framers
would have said ‘citizens’ [can be president.]”



He accused Obama’s attorneys of trying to
“push the issue down the road” until the legal process would fail due to lack
of time.



“It’s a shell game,” Klayman said. ” … Neither
the Florida Constitution nor the federal Constitution … would ever sanction
what they are saying.





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  • Kaleokualoha 2012/06/24 05:20:28
    Obama is eligible so get over it!
    Kaleokualoha
    The Minor v Happersett claim is hogwash. For a detailed legal analysis, see http://www.obamabirthbook.com...

    The operative definition within the United States is: "Natural born citizen. Persons who are born within the jurisdiction of a national government" (i.e. in its territorial limits, or those born of citizens temporarily residing abroad). — Black’s Law Dictionary, Ninth Edition ( http://en.wikipedia.org/wiki/... ). It is similar to the earlier Black's Law definition: Natural born citizen. Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad. (Black's Law Dictionary, 6th Ed., 1991, p.1026) - http://people.mags.net/tonche...

    This is perfectly reflected in a 2011 Congressional Research Service report:

    "The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth,” either by being born “in” the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship “at birth.” Such term, however, would not include a person who...









    &

    The Minor v Happersett claim is hogwash. For a detailed legal analysis, see http://www.obamabirthbook.com...

    The operative definition within the United States is: "Natural born citizen. Persons who are born within the jurisdiction of a national government" (i.e. in its territorial limits, or those born of citizens temporarily residing abroad). — Black’s Law Dictionary, Ninth Edition ( http://en.wikipedia.org/wiki/... ). It is similar to the earlier Black's Law definition: Natural born citizen. Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad. (Black's Law Dictionary, 6th Ed., 1991, p.1026) - http://people.mags.net/tonche...

    This is perfectly reflected in a 2011 Congressional Research Service report:

    "The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth,” either by being born “in” the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship “at birth.” Such term, however, would not include a person who was not a U.S. citizen by birth or at birth, and who was thus born an “alien” required to go through the legal process of “naturalization” to become a U.S. citizen."
    - http://www.fas.org/sgp/crs/mi...

    Those who try to redefine "natural born citizen" for their own agenda are no better than those who try to redefine "torture" (e.g., waterboarding) for their own agenda.

    Such rhetorical deception was highlighted in the story of Alice's adventures in "Through The Looking-Glass,"

    "When I use a word," Humpty Dumpty said in rather a scornful tone. "It means just what I choose it to mean - neither more or less."
    "The question is," said Alice, "whether you can make words mean so many different things."
    "The question is," said Humpty Dumpty, "which is to be master - that's all."
    - Lewis Carroll, English author & recreational mathematician (1832 - 1898)

    Fortunately, the Rule of Law supersedes the Rule of Man in civilized societies.
    (more)
  • Al C. Kaleoku... 2012/08/01 13:08:46
    Al C.
    I learned in the sixth grade that both parents also had to be U. S. Citizens in order to be "natural born" so what did you do miss that day??????????????
  • Kaleoku... Al C. 2012/08/01 17:46:29
    Kaleokualoha
    Your belief is a delusion. The operative definition is presented by the Congressional Research Service.
  • Magnus ☮ RP ☮ 2012 ☮ 2012/06/19 04:58:18
    They can't argue he's eligible because he's really not!
    Magnus ☮ RP ☮ 2012 ☮
  • Al C. Magnus ... 2012/06/19 10:14:37
    Al C.
    +1
    I'm all for it!!!!!!!!!!!!!!!!!!!
  • JanHopkins 2012/06/19 04:25:14
    Undecided
    JanHopkins
    +1
    How long do they intend to wait to declare him the democrat nominee? Maybe he will run under the socialist party this year instead.
  • Al C. JanHopkins 2012/06/19 10:15:08
    Al C.
    +1
    I wouldn't doubt it!!!!!!!!!!!!
  • Walt 2012/06/19 02:07:54
    None of the above
    Walt
    +2
    My response if I were the judge would be, "Good. That makes my decision not to allow him on the ballot very simple. If he's not the democrat nominee, he won't mind not being on the ballot."
  • Magnus ... Walt 2012/06/19 05:00:17
  • Al C. Walt 2012/06/19 10:15:53
    Al C.
    +1
    Right on!!!!!!!!!!!!!
  • jackolantyrn356 2012/06/19 00:39:43
    They can't argue he's eligible because he's really not!
    jackolantyrn356
    The reality is Obama will have to be a write in Candidate in Floridia. He has nullified his legetimacy to run in that state. The Democxrats will not (so he says) nominate him.
  • lonewolf 2012/06/18 23:37:24
    They can't argue he's eligible because he's really not!
    lonewolf
    +1
    all this is like beating a dead horse. no matter what comes up about him its not going to change a damn thing. he will run again and the mindless kool-ade drinking sheep will vote for him again. i just hope their are enough of us who see the jackass for what he is to stop him from getting another 4 years.
  • Al C. lonewolf 2012/06/18 23:40:44
    Al C.
    +2
    He's an ass alright but more of a dumb-ass than a jackass!!!!!!!!!!!!!!!!!!!
  • lonewolf Al C. 2012/06/18 23:42:50
    lonewolf
    +1
    i agree. he is an ass of all sorts
  • Cuppajo 2012/06/18 23:36:59
    They can't argue he's eligible because he's really not!
    Cuppajo
    +2
    slippery bunch of bastards, ain't they?
    slippery bunch bastards
  • Al C. Cuppajo 2012/06/18 23:39:28 (edited)
    Al C.
    +3
    If it were Bush or Romney in question the media would be all over it like flies on s#*t!!!!!!!!!!!!
  • Cuppajo Al C. 2012/06/18 23:40:53
    Cuppajo
    +3
    No doubt. But where as you or I are forced to suffer with only one set of standards; they are blessed with DOUBLE standards!
  • Al C. Cuppajo 2012/06/18 23:43:49 (edited)
    Al C.
    +3
    They have no standards period only to win at all cost, which will spell the end of this country if he gets away with it!!!!!!!!!!!!!!!!

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