Saturday, June 2, 2012

Obama Attorneys Without Defense In FL Eligibility Case

Obama Attorneys Without Defense In FL Eligibility Case


obama birth certificate
Judge Terry Lewis in Leon County has set a hearing for June 18 to consider arguments from the attorneys for Barack Obama and Attorney’s representing Michael Voeltz, who filed the challenge to Obama’s name being on the state ballot.
Judge Lewis is famous for being the judge that was crucial in the 2000 election between Geroge W. Bush and then vice-president Al Gore.
Voeltz is represented by Attorney Larry Klayman’s law firm. Support for Klayman is coming from ConstitutionActionFund.org. What is most interesting in all of this is that this case is not being brought forth by Republicans, but a Democrat.
Klayman cited a U.S. Supreme Court case, Minor v. Happersett as the grounds for determining a “natural born citizen.” The Constitution puts a restriction on the office of president of the United States that it puts on no other office and that is to make sure there are no divided loyalties to any other nation.
Klayman’s argument is one that has not been used in each of the previous cases in the states where Barack Obama’s eligibility has been questioned before a court.
In Minor v. Happersett, Virginia Minor was petitioning the court for the voting rights of women and eventually that was ruled unconstitutional at the time.
However, one thing was clear in the outcome. The Minor v. Happersett ruling defines “natrual born citizen” as the offspring of two U. S. citizens. Klayman is thus making his argument from the birth certificate that Barack Obama has put out which clearly shows that his father was not a U. S. citizen but was a citizen of Kenya.
To understand the citizenship argument from a legal precedent, the below chart from TheObamaFile.com makes understanding the legal terms used for “natural born citizen”, “citizen by statute”, and “native born citizen” easy to understand. It cites the relevant precedence for the use of these terms in the history of American jurisprudence.




Constitutional
Term


Parents


Conjunction
(And, Or)


Location
of Birth


Conjunction
(And, Or)


Other


Legal Reference

Natural Born
Citizen


Both are U. S.
Citizens

AND

Born in the U.S.
mainland

US Constitution
Art. II, Sec. 1, Cl. 5
Minor v. Happersett
(1874) 21 Wall. 162, 166-168
Perkins v. Elg,
307 U.S. 325 (1939)

Citizen
by
Statute


Born to at least 1
US Citizen Parent

OR

Born in the U.S.
mainland

OR

Naturalized

US Constitution
14th Amendment,
Sec. 1
U.S. v. Wong Kim Ark,
169 U.S. 649 (1898)
Perkins v. Elg,
307 U.S. 325 (1939)

Native-Born
Citizen

Born in the U.S.
mainland

US Constitution
14th Amendment,
Sec. 1
U.S. v. Wong Kim
Ark,
169 U.S. 649 (1898)
Perkins v. Elg,
307 U.S. 325 (1939)


Mr. Klayman said, “The framers were not stupid. They understood that a president with divided loyalties could present a security and other risks for our nation.”
According to Klayman, “Obama’s Muslim heritage, which emanates from his Kenyan father (who had to be deported from the U.S.), frankly explains why he frequently sides with and takes actions to further the interests of Muslim nations against the United States; specifically his refusal to take forceful action against the Islamic Republic of Iran and its leaders over nuclear armament and human rights violations and atrocities.”
WND reports,
Klayman told WND that the case is in the discovery stage in which attorneys are supposed to be able to request documents, evidence and testimony that would further refine and define the issues in dispute for the court.
“Obama’s briefs [said] it would be an undue burden and expense to have discovery,” Klayman said.
Then the judge said he wanted Obama’s representatives to 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.
So far Obama’s attorneys have been unable to cite a credible authority.
According to the Steady Drip the “bare essence of the case” is,
  • 1 The sitting president’s birth certificate is fraudulent.
  • 2 The sitting president is not a natural born citizen, and is therefore ineligible for the presidency, because his father was not a US citizen.
  • 3 If the sitting president is formally ruled ineligible to be on the ballot in Florida, he will not be able to be elected as President of the United (50) States.
The article goes on to say, “Our high profile attorney, Larry Klayman, is the only one who has ever sued a sitting president and won.”
So far Barack Obama’s attorneys have been unable to produce anything credible to demonstrate legally that he is eligible to be president.
Barack Obama is not the only defendant in the case. The Florida Secretary of State Ken Detzner and the state Elections Canvassing Commission have also been named as defendants.
One thing that many people, including myself, are wondering is what will happen as far as laws signed and supreme court judges appointed along with a host of other things during Barack Obama’s occupying of the White House would be overturned. In a constitutional crisis of this magnitude, how will it all be handled? Second, we also have to wonder how exactly this would effect Barack Obama. Since it would most definitely fall under “high crimes and misdemeanors,” would that entail impeachment proceedings and then since the Senate is controlled by Democrats, would they vote to impeach him?

13 comments:

Anonymous said...

The meaning of Natural Born Citizen comes from the common law and refers to the place of birth. The parents are not included.

“Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are “natural born citizens” and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are “natural born citizens” eligible to serve as President …”—- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) [Edwin Meese was Ronald Reagan’s attorney general, and the Heritage Foundation is a well-known Conservative organization.]

Moreover, his view was not alone:

“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, Sixth Edition

“What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing on OCTOBER 5, 2004)–Senator Orrin G. Hatch (R-UT).

In fact, birthers and two-fers tried to convince the members of the US Electoral College of the parents requirement, and not one member changed her or his vote out of the belief that two citizen parents required. Not one.

Also, four state courts and one federal court have now ruled specifically on Obama’s case that the US Supreme Court defined the meaning of Natural Born Citizen in the Wong Kim Ark case and that it said that the meaning comes from the common law and that it includes every citizen born in the USA.

Anonymous said...

You seem to think you know a lot, do you know where his REAL birth certificate is??? Or why we are not allowed to see it???

Anonymous said...

"Since it would most definitely fall under “high crimes and misdemeanors,” would that entail impeachment proceedings and then since the Senate is controlled by Democrats, would they vote to impeach him?"

Why would someone who is in office illegally need to go through an impeachment proceeding? It seems to me that to "impeach" would only buy him more time in office and drag this out further and not only that but allow him and the others responsible to get away with the crimes they have done. No the democrats or no one should get the chance to make such decisions that could let any who are responsible go free!! We must insist.. No pardon's this time!!

Anonymous said...

Re: "You seem to think you know a lot, do you know where his REAL birth certificate is??? Or why we are not allowed to see it???"

Obama has shown his REAL birth certificate twice, the first US president or presidential candidate to do so. He has shown both the short form and the long form. He has shown both the images of the documents on the Web and the actual physical copies. The physical copy of the long form, with the seal on the back (where it is supposed to be) was passed around in the White House press room. Three Republican (and several Democrat) officials in Hawaii have confirmed both the existence of Obama's birth certificate in the files and that the facts on Obama's published birth certificate are accurate.

The Romney campaign has just released a short-form birth certificate for Romney.

http://www.chicagotribune.com/news/politics/sns-rt-us-usa-campaign-romney-birth-certificatebre84s1gf-20120529,0,5483593.story

It is precisely the same kind of a computer-generated document that birthers called a COLB and claimed was not adequate proof when Obama published his. Notice that it does not show the name of the hospital or the doctor. And it says VOID on both sides.

Anyone could create such a document using Photoshop. Why hasn’t Romney shown his real birth certificate?

John MacHaffie said...

I would humbly suggest you do your homework. Do an inquiry on this blog and you will find ample proof of the fraud and his real kenya birth certificate including baby's footprints.

Obama is a Manchurian candidate!

Anonymous said...

The "birth certificate" from Kenya that you are referring to, the one with the footprint, was shown by Lucas D. Smith, a convicted felon, who claimed to have gotten it in Mombasa, Kenya. But Lucas D. Smith has refused to prove that he had ever gone to Kenya. All that he would have to do is show his passport with the Kenya stamp on it. But he has refused to even do that. And the "birth certificate" that you refer to has such problems as using USA date formats (month/day/year) and not the British format (day/month/year) used in Kenya.

Go on, continue to show that you are a boob who can be fooled by liars such as Lucas D. Smith.

Or, use your own brain, and ask yourself what are the chances that Obama's mother actually went to Kenya in 1961???

What are the odds of that? Well, only 21 people came to the USA from Kenya in 1961. What are the odds that Obama's mother had enough money to make the trip more than half way around the world when her parents and his parents weren't rich at all. (Her father was a furniture salesman. Her mother was a lower level employee in a bank). At the time pregnant women rarely traveled due to the high risk of stillbirth, and to make the risk even higher, in Kenya Yellow Fever was endemic, and a Yellow Fever shot was required-----but Yellow Fever shots are extremely bad for your health and that of the child during pregnancy. And she would have had to have taken that trip alone because WND has proven that Obama's father was in Hawaii on August 4, 1961 by using INS records.

There is no proof--and it would be easy to get it if it happened, the records INS and State Department records were available to the Bush Administration---that Obama's mother left the USA, entered Kenya, gave birth there, left Kenya, returned to the USA, got a US visa for Obama or had Obama added to her US passport so that he could travel or that the INS checked him into the USA. You do know, don't you, that for a baby to be carried into the USA requires her or him to have either a US visa on a foreign passport or to be entered on a US passport. Don't you know that.

So say that a baby was born in Kenya. For the child to be allowed to leave Kenya she or he would have to have a passport of some kind. There is no record of that. For her or him to go to the USA, there would either have to be a US visa or a US passport APPLIED FOR WHILE IN KENYA. There is no record of that either.If it existed, the Bush Administration could have found it easily under the files of visas applied for in Kenya or passport changes applied for in Kenya, neither of which are missing, and yet they did not find the document.

So: (1) it is a crazy idea that Obama's mother traveled to Kenya because of the risk and the expense; (2) there is no proof that she traveled outside the USA at all nor proof in Kenya that she was there nor proof that a travel document was issued for Obama. And (3) there is a Hawaii birth certificate, confirmed repeatedly by the Republican and Democrat officials in Hawaii, further confirmed by the "Index Data" public records, and still further confirmed by the birth notices in the Hawaii newspapers in 1961 (which exist in the microfilm records of several different librfaries) that shows that Obama was born in Hawaii.

Anonymous said...

Continuing:



Yes Obama's only publicist made a mistake, read that Obama's father was from Kenya, and wrote a publicity blurb that said that Obama was born in Kenya. Yes there have been people who lied about it, including Lucas D. Smith and the birther blogs that claimed that Obama's grandmother said that he was born in Kenya and she was there (she really said repeatedly in the same interview that he was born in Hawaii, and she said in another interview that the first that her family in Kenya had heard of Obama's birth was in a letter from Hawaii). Yes, there have been mistakes and lies. But the chance of Obama actually having been born in Kenya is about as low as his being born on the moon.

If you do not like Obama, and millions don't, there are many other good reasons to vote against him than the STUPID idea that he was born in Kenya and/or the mistaken constitutional theory that a Natural Born Citizen requires two citizen parents.

John MacHaffie said...

Boy --- you guys are too much. Wonder how much you are paid for doing this. It don't fly!

I am going to add another factor for the first time, unknown but to a few.

Check out when and where the Hatari movie was filmed. I have an intel contact who was there on the set at the same time. Yea - that was a Duke movie!

He knew Obama's family in kenya and was there at the hospital at the same time of his birth in Kenya. Obama's village know he was born there.

So operatives, however many silver doubloons you rec'd ---- that is your conscience!

Luv Ya Baby

Anonymous said...

Hi anonymous,
the real problem here is that you don't understand that Obama or I should say Sotoro that is his real name, he is a puppet from the Cabal people, they tell him what to do and what to say, he does not qualify for president, he never was.

DCDubbs said...

Wong Kim Ark addressed the requirement for a naturalized US citizenship, which is the 14th Amendment citizenship. This citizenship is based on Article 4 Section 3 Clause 2 of the Constitution , whereby the Congress has near plenary power over the citizens of DC and the Federal territories, wherever they may live. Federal citizens of this stature do not have all the privileges and immunities of citizens of the 50 states under the Constitution and the Bill of Rights. Further, these privileges are not guaranteed and can be lost at the will of Congress.
Minor v Happersett adresses Article 2 Section 1 Clause 1 which confers the general citizenship of the United States to States Citizens under the constitutional compact between the States. These are natural rights, not conferred by the government, and cannot be taken away by the government.
Wong Kim Ark is limited in in scope to naturalized citizens.
Those courts you are talking about avoided the questions before them ,declaring lack of standing, the Bond v US supreme court case last year now allows us citizens to have standing in court so now thaey have to answer, this is uncomfortable for the present administration to say the least.
Hope this helps.
A Natural Born US citizens has more to do with allegiance to the US by both parents, it is an elevated form of the US citizenship available to many.
Minor v Happersett has its roots in the conversation of US Civil Rights Act of 1866 by members of Congress registered in the Congressional Globe of the 39th Congress, in particular, John Bingham, one of the authors of the 14th Amendment. A Natural Born Citizen can be born anywhere in the world, as John McMclain was declared as both parents were serving the US military, temporarily residing in the Panama Canal Zone when he was born. Thew Senate properly vetted hm as Natural Born prior to his run as Presidential Candidate. Guess who signed that vetting, Barack Obama!!!!

DCDubbs said...

The media partners have never said a mistke was made on their part. The were given that information by Columbia on Obama's behalf, which was favorable to both Columbia and Obama at the time.
Nice try, Langley McLean.

DCDubbs said...

Even Orrin Hatch got it wrong, we were never taught this in school. Natural Born is having two parent swith an allegiance to the same country, Minor v Happersett, circa 1870 Supreme Court decision.

Anonymous said...

Anon 8:18, You wrote a book and still didn't say anything. I've read all the stuff about why Obama is NOT eligible. I WANT YOU TO SHOW ME WHY HE IS. Without a shadow of a doubt. And please don't refer me to the FAKE birth certificates.