Obama Rezko lot transaction bank president Mahajan FDIC lawsuit, Motion hearing, June 12, 2013, Judge Virginia M. Kendall, Rezkos sold lot to Obamas, Ghosts of Obama’s past

Obama Rezko lot transaction bank president Mahajan FDIC lawsuit, Motion hearing, June 12, 2013, Judge Virginia M. Kendall, Rezkos sold lot to Obamas, Ghosts of Obama’s past

“Why wasn’t Rod Blagojevich, Governor of IL, prosecuted before Tony Rezko, a businessman?”…Citizen Wells

“Why was Tony Rezko’s sentencing delayed?”…Citizen Wells

“Why did Mutual Bank fire whistleblower Kenneth J Connor after he
challenged the appraisal on the land purchased by Rita Rezko, just
prior to the land sale to Obama?”…Citizen Wells

Lest we forget.

The FDIC lawsuit against Amrish Mahajan, former president of Mutual Bank, et al is scheduled for a motion hearing in the courtroom of Judge Virginia M. Kendall on June 12, 2013. Mutual Bank loaned Rita Rezko the money for the lot that was purchased by the Obama’s. It is also the bank that fired whistleblower Kenneth J. Conner after he questioned the appraisal of that lot.

Daily Calendar

Wednesday, June 12, 2013 (As of 06/12/13 at 05:47:26 AM)

Honorable Virginia M. Kendall               Courtroom 2319 (VMK)

1:11-cv-07590   Federal Deposit Insurance Corporatio   09:00   Notice of Motion

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

From Citizen Wells June 5, 2012.

The Obama camp, with the full cooperation of the mainstream media and US Justice Dept., has done their best to distance Obama from his numerous close corruption ties in Chicago and Illinois. The delayed and dragged out prosecution of Rod Blagojevich with his mutual ties to Tony Rezko, the failure to call Rezko as a witness and the dropping of counts against Blagojevich that are most damning for Obama, is one good example.

With the best attempts to divert attention away from Obama’s corrupt past, the Ghosts of Obama’s Christmas past continue to linger.

From an article written by truthteller and presented on NoQuarter USA on October 12, 2008.

“”Because I tend to rely on evidence and not on hearsay, I believe we should focus our attention on Amrish Mahajan and the Mutual Bank of Harvey, not on Giannoulias and the Broadway Bank, if we are to assign names to the financial institution about which Sneed of the Chicago Sun-Timeshas heard “rumblings.” Although Mahajan is not known to readers ofNo Quarter and to the national media, I imagine they will desire more information on the unscrupulous banker once they read the information I unpack below the fold. And yes, Obama is involved, deeply involved.”

My interest in Amrish Mahajan and the Mutual Bank of Harvey was picqued by this list of contributors in Rezko’s bundling network provided by the Chicago Sun-Times last March. View the second page of the document, and notice the following entry:

Last name	First name	Obama donations	Rezko connection
Mahajan	Amrish	$2,500	Banker whose bank loaned money to Rezko companies. The bank also loaned Rezko’s wife money to buy a vacant lot next to Obama’s home.

The data available in the Sun-Times spreadsheet is corroborated by the following data, which is democratically available at the Federal Election Commission‘s website:

MAHAJAN, AMRISH
CHICAGO, IL 60607
MUTUAL BANK

OBAMA, BARACK
VIA OBAMA FOR ILLINOIS INC
12/20/2003 500.00 24020030170
04/14/2004 1000.00 24020461757

Not only was Mahajan a member of Rezko’s bundling network; his bank, the Mutual Bank of Harvey, granted Rita Rezko the $500,000 mortgage she neededin order to purchase the lot on which the Obama mansion in Chicago sits. As many of you may recall, the Obamas could not have purchased the mansion they could not afford unless transactions for the mansion and the lot closed on the same day. Obama needed to locate someone who would buy the lot, and he approached Rezko, the convicted slumlord with whom Obama toured the property before they mutually agreed to the following arrangement:

The home and lot sales closed on June 15, 2005. A land trust controlled by the Obamas bought the house for $1.65 million, and the Obamas secured a $1.32 million mortgage from Northern Trust to complete that purchase. That same day, Rezko’s wife, Rita Rezko, bought the side lot for $625,000. A $37,000- a-year Cook County employee, she secured a $500,000 mortgage from Mutual Bank of Harvey.

The structure of this transaction begs the following question: What bank would lend a government employee who earns $37,000 per annum a $500,000 mortgage? What bank would assume such a risk?

The Mutual Bank of Harvey, of course, for the Mutual Bank of Harvey’s President is a man who is deeply connected to the Chicago machine that backed Barack Obama. Indeed, Amrish Mahajan was one of Mayor Daley’s first political appointments in 1989, when he was named to a seat on Chicago’s Plan Commission, where he would be joined by Obama’s former boss and Rezko’s business partner Allison Davis and by Valerie Jarrett, Daley’s Chief of Staff whochaired the Commission from 1991-1995. Mahajan, in other words, worked with those who devised and profited from Daley’s failed public housing experiment in Chicago, a public housing policy Obama helped fund as state Senator and US Senator.

Rezko, according to the Boston Globe, was one of the major beneficiaries of Obama’s legislative advocacy for funding of Daley’s public housing experiment. Other major beneficiaries are Jarrett and Allison Davis. Mahajan was also a beneficiary, for his bank had made $3.4 million dollars in loans to Tony Rezko’s slum landlord business since 2002. A banker for one of the slumlords who benefitted from the Daley housing program Obama helped bankroll, Mahajan was returning a favor when he wrote a $500,000 mortgage in 2005 for the wife of one of his clients. Although Tony’s financial problems were mounting in 2005, and although Rita earned only $35,000 per annum, Mahajan underwrote the mortgage. Favors must be reciprocated, I guess, especially when one can satisfy two parties at once: the person with whom one has a complicated relationship in real estate and the politician who helped finance that complicated relationship as state Senator and US Senator.

I doubt federal investigators are interested in the Mahajans solely for their involvement in the property deal involving Obama, Mahajan and the Rezkos. The Mahajans, I believe, are the foci of their probe for many reasons.

• Anita Mahajan, the wife of Amrish, has been involved with questionable real estate deals that are the subject of federal probes with Governor Blagojevich’s wife, Patricia
• Anita Mahajan exploited lucrative no bid contracts with the Department of Children and Family Services to steal $2.1 million from Illinois taxpayers; she was charged and released on a $250,000 bond in March 2007
• “Uncle Amrish” has raised more than a half million for Blagojevich and approximately $50,000 for Mayor Daley, whose father helped launch Mahajan’s banking career
• “Uncle Amrish” also helped Obama purchase a house he could not afford

The real estate transaction involving Rita Rezko, the Obamas and Mutual Bank of Harvey is just the tip of the iceberg. Indeed, the Mutual Bank of Harvey seems to be at the center of all the corruption in Chicago. To quote former Donald Perillo, Chicago insurance mogul and son of the lawyer for Al Capone, in the Chicago Tribune article I cite above:

Donald Parrillo said he isn’t surprised to see Mahajan mix it up with politics and business. “He got that attitude from the Parrillo family,” the former alderman said. “He wanted to get in the game.”

And Mahajan certainly is in the game. The banker of the Chicago machine, he is also the man who wrote the mortgage for Rita Rezko that facilitated Obama’s purchase the mansion he could not afford. This is why I believe prosecutors are interested in Harvey Mutual Bank. Not only did Rezko receive loans from this institution; this bank is heavily involved in problematic real estate dealings involving Blagojevich and Obama. And if I may quote Rezko in the 9 JUN letter he wrote to Judge Amy St. Eve:

Your Honor, the prosecutors have been overzealous in pursuing a crime that never happened. They are pressuring me to tell them the “wrong” things that I supposedly know aboutGovernor Blagojevich and Senator Obama. I have never been party to any wrongdoing that involved the Governor or the Senator. I will never fabricate lies about anyone else for selfish purposes. I will take what comes my way, but I will never hurt innocent people. I am not Levine, Loren, Mahru , or Winter.”

Rezko is now talking, and prosecutors are presently interested in a politically connected financial institution. I bet Obama now regrets paying Rita Rezko $104,500 for the strip of the land in the lot on which his house sits in January 2006. Acquired with the assistance of a questionable $500,000 mortgage from Amrish Mahajan’s Mutual Bank of Harvey, this lot and Obama’s desire to expand his yard by bit was the catalyst for all the investigative reports into Obama’s deep ties to Rezko. By the way, Rita’s lot is only accessible through the front gate of Obama’s home; it is not a separate property, and it was never intended to be a separate property.

“It was a mistake to have been engaged with him at all in this or any other personal business dealing that would allow him, or anyone else, to believe that he had done me a favor,” Obama says of the real estate transactions with Rezko. I wonder if now he also believes it was a mistake for him to serve as the legislator who represented and bankrolled Richard Daley, Amrish Mahajan, Valerie Jarrett, Allison Davis and the Chicago Plan Commission. But at least he and Michelle have a house, a house the Mutual Bank of Harvey, the politically connected bank that wrote loans for Rezko, helped them procure in 2005. Too bad that house will be the end of Barack Obama.

“

http://www.noquarterusa.net/blog/5382/about-the-financial-institution-mentioned-in-the-sun-times-obama-tony-rezko-amrish-mahajan-the-kenwood-mansion-rita-rezko/

From Citizen Wells November 1, 2011.

“Here is what we know about the purchase of a lot by Barack and Michelle Obama from Rita Rezko in 2006:

1. “In June, 2005, Mutual Bank President and CEO Amrish Mahajan and
other Mutual Bank officers approved a loan to Rita Malki Rezko (Rita
Rezko) which was guaranteed by Antonin Rezko so that Rita Rezko could
purchase a 9,090 square foot vacant parcel of real estate at 5050 S.
Greenwood Avenue, Chicago.” (Conner lawsuit)

2. “On or about January 4, 2006, Rita Rezko entered into an
agreement with Senator Barack and Michelle Obama (Obamas) to sell a
ten-foot strip of the 5050 S. Greenwood property to the Obamas.”
(Conner lawsuit)

3. “In late 2005 or early 2006, Conner performed an appraisal review
of the Adams Appraisal (Exhibit C) per the directive of Richard Barth
and James Murphy. Conner prepared a written Appraisal Review report
(ARR) opining that the Adams Appraisal overvalued the Greenwood lot by
a minimum of $ 125,000.00 and that a reasonable and fair valuation for
Mutual Banks’s underwriting purposes should be no greater than $
500,000.00 for the entire 5050 S. Greenwood parcel as originally
purchased by Rita Rezko.” (Conner lawsuit)

4. “On or about October 19, 2006, Mutual Bank received a Grand Jury
Subpoena (GJS) requiring Mutual Bank to produce the Rezko 5050
Greenwood loan file, as well as a Rita Rezko Riverside District
Development LLC checking account and loan file.” (Conner lawsuit)

5. “In October, 2007, Conner had various communications with Mutual
Bank’s Human Resources Department representative, Lana Schlabach. In
an email communication of October 15, 2007, Conner directly referenced
“Resentment over my mentioned discovery of the removal/replacement of
an appraisal review that I conducted. That appraisal review contained
substantial observations and suggestions. The transaction and parties
involved were high profile in the media.I am under the impression that
the FBI has since looked at the file.”” On October 23, 2007, eight days after Conner’s October 15, 2007 email to Schlabach attached as Exhibit J, Mutual Bank terminated Conner’s employment for pretextual reasons.” (Conner lawsuit)

6. “On October 23, 2007, eight days after Conner’s October 15, 2007
email to Schlabach attached as Exhibit J, Mutual Bank terminated
Conner’s employment for pretextual reasons.” (Conner lawsuit)

7. The FDIC has filed a lawsuit against Mutual Bank, Amrish Mahajan, Richard Barth, et al.”

http://citizenwells.wordpress.com/2011/11/01/fdic-mutual-bank-lawsuit-reveals-rezko-obama-corruption-kenneth-j-conner-lawsuit-amrish-mahajan-richard-barth-where-did-rezkos-get-the-money/

From ABC News Chicago August 22, 2011.

“Anita Mahajan, a Chicago businesswoman with ties to former governor Rod Blagojevich, pleaded guilty to bilking the state of Illinois by submitting bogus bills.

“I’m sorry,” Mahajan said in court Monday while pleading guilty to felony theft for pilfering about $100,000 in taxpayer money through her drug-testing company, K.K. Bio-Science. That company is now defunct.

The 60-year-old received four years of probation, agreed to pay $200,000 in fines and perform 1,500 hours of community service.

Mahajan’s husband, Amrish, was a banker and significant fundraiser for Blagojevich. Also, Blagojevich’s wife, Patti, made more than $100,000 in commissions handling real estate deals for the Mahajans in 2006, which caused a stir in the Blagojevich re-election campaign. The following year, Mahajan was charged with cheating the state of out of $2 million for drug tests that were never performed.

“People of this state were being cheated,” Dick Devine said in 2007 when he was the state’s attorney while announcing a seven-count indictment against Mahajan. The attorney general sued to recover the state’s lost money.

Four years later, Mahajan pleaded guilty to a single, reduced charge of theft instead of the felonies that would have sent her to prison for at least six years.

“Anita Mahajan is another example of the collateral damage that’s been left in the wake of the Rod Blagojevich Tsunami,” Steve Miller, Mahajan’s attorney, said.””

http://abclocal.go.com/wls/story?section=news/local&id=8320596&rss=rss-wls-article-8320596

From the FDIC lawsuit against Amrish Mahajan, et al.

“6. The Director Defendants also wasted corporate assets and drained the Bank’s capital by…(c) authorizing $ 495,000 in “bonuses” to pay for the criminal defense costs for the Defendant Amrish Mahajan’s wife who was indicted for Medicaid fraud”

“32. The Director and Officer Defendants failed to establish procedures that would have lessened the risks of the Bank’s improvidant lending practices. The terms of transactions were not accurately documented. Status reports were missing so that records of how an asset was progressing were not available. Terms of loans were changed at closing without board or loan committee approvals or any rcord in the file. Loan guarantees were frequently missing from the files. Appraisers were retained by brokers with an interest in seeing transactions consummated, not by the bank. Appraisals were often received after the loan was funded. Loans were typically non-recourse and dependent on guarantor abilities to repay in the event that the collateral was insufficient. Yet, little or no attention was paid to whether guarantors had sufficient liquidity to protect the Bank’s interest; the officers and the Board did little or no analysis of guarantor or borrower financial strength.”

http://www.courthousenews.com/2011/10/26/FDIC.pdf

From the Washington Times November 4, 2008.

“A former Illinois real estate specialist says FBI agents have questioned him about a Chicago property that had been bought by convicted felon Tony Rezko’s wife and later sold to the couple’s next-door neighbor, Sen. Barack Obama.

The real estate specialist, Kenneth J. Conner, said bank officials replaced an appraisal review he prepared on the property and FBI agents were investigating in late 2007 whether the Rezko-Obama deal was proper.

“Agents and I talked about payoff, bribe, kickback for a long time, though it took them only a short number of minutes of talking with me while looking at the appraisal to acknowledge what they already seemed to know: The Rezko lot was grossly overvalued,” Mr. Conner told The Washington Times Monday.

“Rezko paid the asking price on the same day Obama paid $300,000 less than the asking price to the same seller for his adjacent mansion,” he said. “This begs the question of payoff, bribe, kickback.””

http://www.washingtontimes.com/news/2008/nov/04/fbi-asked-questions-on-rezko-land-deal/

Obama’s Rezko problem is not going away.

Judge James Zagel FISA judge, Foreign Intelligence Surveillance Court, Blagojevich trial judge, April order access Verizon phone records, John Roberts appointment

Judge James Zagel FISA judge, Foreign Intelligence Surveillance Court, Blagojevich trial judge, April order access  Verizon phone records, John Roberts appointment

“Why did Judge James Zagel allow only 2 percent of the Blagojevich wiretaps to be released?”…Citizen Wells

“I can tell you that, based on court rules and procedures, Judge James Zagel carries some of the blame for the delay in the transcripts.

The question is, what was Judge Zagel’s motivation?”…Citizen Wells

From the Chicago SunTimes June 1o, 2013.

“Chicago judge Zagel sits on secret FISA surveillance court”

“U.S. District Court Judge James Zagel regularly presides over high-profile cases in Chicago — notably Rod Blagojevich’s corruption and the Family Secrets mob trials — but much lesser known is his secret role on the most secret court in the nation.

Zagel is one of 11 judges on the Foreign Intelligence Surveillance Court — the court in the news because the April order signed by one of its judges, Roger Vinson, allowed the National Security Agency to collect tens of millions of Verizon phone records of its U.S. customers.

The court is nicknamed the “FISA Court” after the 1978 law creating it, the Foreign Intelligence Surveillance Act. A FISA Court judge approved a government request for the collection of Internet and social media records in the program code-named “PRISM.”

Combined, the Verizon and PRISM leaks have touched off a national debate about privacy and anti-terrorism surveillance in the post-9/11 era as well as whether self-admitted NSA leaker Edward Snowden — now in hiding — should be treated as a hero or a criminal, because it is only a matter of time before he faces a federal indictment.

From time to time Zagel leaves his high-ceiling courtroom in the Dirksen Federal Building in Chicago, where the public is free to observe his trials, to travel to Washington for FISA Court business at the District Court building here, a short stroll from the Capitol.

According to FISA court spokesman Sheldon Snook, the 11 FISA judges rotate one-week stints in Washington, so Zagel leaves his bench in Chicago for FISA work as part of a regular routine.

A former Justice Department attorney I talked to — who handled FISA-related matters — told me FISA court personnel work in a secret room the intelligence community calls a “SKIFF” — a Sensitive Compartmented Information Facility.

A SKIFF is a windowless secure room — it may be filled with white noise to avoid eavesdropping —where a FISA Court judge such as Zagel reviews highly classified applications from Justice Department lawyers to allow surveillance.

Zagel, 72, entered this secret world on May 18, 2008, tapped for the spot by John Roberts, the chief justice of the United States who appoints all the FISA Court judges. Zagel’s term runs to May 18, 2015.”

http://www.suntimes.com/20661189-761/chicago-judge-zagel-sits-on-secret-fisa-surveillance-court.html

Thanks to commenter Bessie.

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer.”…Justice Boyd, STATE EX REL. SHEVIN v. STONE, FL, August 10, 1972

I was asked recently why I had not included Florida with Alabama and Vermont supreme court challenges to Obama’s eligibility.

The reasons are simple.

First, no eligibility hearing has yet been scheduled for the FL Supreme Court. Why has the Voeltz v Obama eligibility challenge not reached the FL Supreme Court, unlike AL and VT?

Some combination of corruption, bias and incompetence within the executive, judicial and perhaps even legislative bodies of the State of Florida.

Secretary of State duty.

From the Florida statutes.

“97.012 Secretary of State as chief election officer.–The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws.”

OATH OF OFFICE
(Art. II. § 5(b), Fla. Const.)

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of”

THE STATES ARE RESPONSIBLE FOR THE PRIMARIES, GENERAL ELECTION AND EVENTS THROUGH THE ELECTORAL COLLEGE VOTE.

US Constitution
Article II
Section 1

“Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.”

From page 2 of the Florida “2012 Federal Qualifying Handbook”

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

1. Must be a natural born citizen of the United States.
2. Must be at least 35 years of age.
3. Must be a resident of the United States for 14 years.”

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.

(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:”

“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”

The FL Secretary of State has a ministerial duty in the elections.

Ministerial defined.

Merriam Webster.

a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office
b : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.

Legal dictionary.

“Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.”

Obedience is the common denominator. To a legal order or conforming “to an instruction or a prescribed procedure.”

This includes the US Constitution and US Code.

Furthermore.

Justice Boyd in STATE EX REL. SHEVIN v. STONE from August 10, 1972 states:

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.”

Response from FL elected officials and judges.

From Citizen Wells February 1, 2012.

A  challenger discovered this recently.

“Below and attached is a scanned copy of the letter I just received from the Secretary of State, AKA Florida Supervisor of Elections, in response to the Obama Ballot Challenge I filed 9 January 2012 with him and Attorney General Pam Bundi. The Constitution of the State of Florida (1838) and as amended through 2008 and by adoption of the 2012 Federal Qualifying Handbook (October 2011) the State of Florida has accepted the qualifications for President and Vice President listed therein, based solely on the Certifications of Qualifications from the Political Parties.Read carefully, looks like we have no protection from fraud by either Party. Still waiting for response from the Attorney General.

Vern H. Goding, Ret. OathKeeper.
Melbourne Village, Fl 32904″

Response from Gary Holland, Assistant General Counsel.

“After an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidates’s ineligibility for the office sought. Such contest must be brought within 10 days of the date the last board responsibe for certifiying the results officially ceetified the results of the election being contested.”

http://citizenwells.wordpress.com/2012/02/01/fl-primary-opens-door-to-obama-eligibilty-challenge-florida-statutes-allow-contest-10-day-window-circuit-court-obama-natural-born-citizen-deficiency/

Read the entire response from Assistant General Counsel Holland here:

http://obamaballotchallenge.com/sunshine-state-shenanigans

Voeltz v Obama was presented before 2 courts in FL. I will leave it to the reader to decide what combination of corruption, bias and incompetence applies to the judges.

Michael Voeltz filed a contest of election in Leon County Circuit Court on February 15, 2012.

A motion to dismiss from Obama and Secretary of State Ken Detzner was granted by Judge Terry Lewis on June 29, 2012.

The entire response from Judge Lewis will not be evaluated at this time. However, enough of the judge’s suspect reasoning will be presented to raise eyebrows.

Judge Lewis presents a flawed description of Natural Born Citizen and quotes a flawed decision in Akeny v Governor of Indiana. That is scary enough.

The next example is clearly more black and white.

Judge Lewis quotes a small portion of Cherry v Stone from August 4, 1972. This is not the better ruling to quote and not the latest.

From STATE EX REL. SHEVIN v. STONE from August 10, 1972.
“The resign law is not Secretary Stone’s to administer by such a determination, any more than the campaign spending law. His charge under the constitution and statute does not extend to the substance or correctness or enforcement of a sworn compliance with the law — with “matters in pais”, as it were. Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end. Any challenge to the correctness of the candidate’s statement of compliance is for appropriate judicial determination upon any challenge properly made, as here.”

Justice Boyd adds

“I agree with the majority opinion disposing of Miller and Wright.

As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.

The Attorney General is properly bringing this action as the Attorney for the State. Few matters in a democracy can be of greater importance to the people than those relating to qualifications of candidates for public office.”

From above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

No oath, no written compliance with the law was provided by Obama.

Plaintiff Voeltz took the case to the Second Judicial Circuit Court of Leon County.

On December 20, 2012 Judge Kevin Carroll dismissed the complaint with prejudice.

Judge Carroll states that “the Electoral College met and voted on December 17, 2012.”

“this court cannot now alter the Electoral College process.”

How convenient, the state of FL dragged out this process instead of acting and expediting it.

Judge Carroll also states:

“the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida does not have jurisdiction to determine the issue of qualification for the Office of President of the United States, particularly at this date in the process.”

Judge Carroll paraphrases “Miracle on 34th Street”, that the US government recognizes Obama as president and again with the element of elapsed time as if that was prohibitive.

Judge Carroll is wrong and should be impeached!

Let’s go through some of the references to the president and candidates in general not being qualified. There are mechanisms in place for removing them from office.

At the state level, the federal government gives the states the power to control elections through the submission of the electoral count to congress.

The State election officials are not prohibited from questioning eligibility.

Even in FL, as noted above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

From 2 southeastern states:

NORTH CAROLINA

NC Statute § 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

“If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position

President 

Vacancy is to be filled by appointment of national executive
committee of political party in which vacancy occurs”

GEORGIA

§ 21-2-5.  Qualifications of candidates for federal and state office; determination of qualifications
“(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.”

Electoral college vote.

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.

Congress certifies electoral count.

“If any objections to the Electoral College vote are made, they must be submitted in writing and be signed by at least one member of the House and one Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider their merits under procedures set out in federal law.”

After the certification, the Constitution reveals the protocol for dealing with a president or candidate who is not qualified.

AMENDMENT XX

“Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, or if the President elect shall have failed to qualify, then
the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President,
or the manner in which one who is to act shall be selected, and
such person shall act accordingly until a President or Vice
President shall have qualified.”

AMENDMENT XXV

“Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.”

As you see, there are laws and procedures in place from early in the nomination process and past inauguration to remedy a president or candidate who is not eligible.

It is a damn shame that we have judges and election officials in Florida and other states who shirk their constitutional duties and make such idiotic statements.

For more information and commentary visit.

http://obamaballotchallenge.com/

http://obamareleaseyourrecords.blogspot.com/

Obama fraud shocks law men at Constitutional Sheriffs and Peace Officers Convention, Mike Zullo presentations June 1, 2013, Biggest fraud in US history, Moving to congressional investigation

Obama fraud shocks law men at Constitutional Sheriffs and Peace Officers Convention, Mike Zullo presentations June 1, 2013, Biggest fraud in US history, Moving to congressional investigation

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why does Glenn Beck continue to make uninformed attacks and insults upon Sheriff Joe Arpaio and millions of concerned Americans?”…Citizen Wells

 
“On August 22, 2008, one day after the filing of Philip Berg’s Obama eligibility lawsuit, FEC attorney David Kolker sent an email to Rebekah Harvey, assistant to Ellen Weintraub, formerly of Perkins Coie, with the message “thanks!.” The subject line stated: RE: Victory in Berg v. Obama.”…Citizen Wells 2008 FOIA request

From PP Simmons June 1, 2013.

“Law men and elected officials “SHOCKED” by new evidence Obama Birth credentials fraudulently and criminally fabricated! Biggest FRAUD in US History!”

“Carl Gallups is reporting that he just got off the telephone with Mike Zullo immediately after Mike made his public presentation at the Constitutional Sheriffs and Peace Officers Convention in St. Charles, Missouri, this morning.

According to Carl, Mike Zullo reports that the overwhelming response of the lawmen and elected officials is that ofabsolute SHOCK.  He said that one official came up to him and said, “I have been purposely ignoring this matter – until NOW! I will ignore it no longer.”  Zullo reports that several constitutional officers, public officials, attorneys, elected officials, and others are now pledging full and personal support in moving this matter to a congressional investigation. Zullo says that the media blackout has kept many of these officials in the dark. He says most of them are now outraged – now that they have seen the evidence that they should have seen from the beginning. Now, Zullo is reporting, the media is being ‘side-stepped.’ “We are making inroads and contacts that we have never made before. This conference is really going to ‘pay off’ in moving things forward. Very important people are now beginning to see the amassed criminal evidence of perhaps the biggest fraud in American history.”

EVEN MORE TO COME TODAY

Remember – this movement Zullo is speaking of -  is the result of the PUBLIC presentation only.The full PRIVATE presentation for lawmen and elected-officials-only (credentials checked at the door) will be made later on this morning. In that two hour meeting, Zullo, with full authority of Sheriff Joe Arpaio, pledges to reveal all the criminal investigation material they possess in this matter. We can only imagine the reaction and outrage that will ensue once these constitution loving, patriotic officials see the pile of criminal evidence.  Mike Zullo and Carl Gallups have been promising for months that we would soon see some forward movement in this case. It is now happening.

Carl emphasized, “This Sheriffs and Peace Officers meeting was just icing on the cake. This was dropped in our laps just 5 weeks ago. We still have other VIPs and other plans being made now that are even bigger than what is happening at the Sheriffs Convention. This matter is finally going to be heard as it should have from the beginning.”

Carl continued, “Very soon, certain members of the media, the courts, and congress are going to look very silly. They have been ignoring this, sitting on it, marginalizing it, and flat-out trashing the matter for years. They will soon be seen for what they are. This matter should have been investigated by Congress years ago. It is their constitutional mandate and they ignored it – purposely. This whole thing could have been resolved one way or the other years back. The media blacked it out. But we don’t need the pundit media anymore. We are going around the MSM. We have other venues now. More and more, very important people of constitutional standing are being enlightened and coming on board. Soon, the world will know that we have been correct in this matter all along.”"

Read  more:

http://www.ppsimmons.blogspot.com/2013/06/law-men-and-elected-officials-shocked.html

Thanks to commenter GORDO.

Florida courts corrupt biased incompetent?, Voeltz v Obama eligibility case, Obama not natural born citizen, AL VT Supreme Courts eligibility hearings, Election officials ignore laws duties

Florida courts corrupt biased incompetent?, Voeltz v Obama eligibility case, Obama not natural born citizen, AL VT Supreme Courts eligibility hearings, Election officials ignore laws duties

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why do state election officials continue to ignore the US Constitution, federal election code and their own state election statutes?”…Citizen Wells

“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”… Marbury versus Madison

I have reported on the Obama eligibility hearings in the Alabama and Vermont Supreme Courts. The reason that I have not written about an eligibility hearing in the Florida Supreme Court is because one has not been scheduled there yet.

Why?

Good question.

The answer appears to be some combination of corruption bias and incompetence.

Here are some crucial points of law and fact. More details will be forthcoming.

Let’s start at the beginning.

The states are responsible for the primaries, general election and events through the Electoral College vote.

US Constitution
Article II
Section 1

“Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.”

All state officials take an oath to uphold or defend the US Constitution.

In Florida they take the following oath.

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of”

From page 2 of the Florida “2012 Federal Qualifying Handbook”

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

1. Must be a natural born citizen of the United States.
2. Must be at least 35 years of age.
3. Must be a resident of the United States for 14 years.”

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.

(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:”

“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”

AMENDMENT X

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Many of the Secretaries of State or other election officials claim to have only a “ministerial” duty in the elections.

In the recent Vermont Supreme Court hearing with appellant H. Brooke Paige, state attorney Todd Doloz stated that the VT Secretary of State has only a ministerial duty in the elections.

Ministerial defined.

Merriam Webster.

a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office
b : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.

Legal dictionary.

“Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.”

Obedience is the common denominator. To a legal order or conforming “to an instruction or a prescribed procedure.”

The US Constitution makes this clear.

The Secretary of State swears an oath to the Constitution.

Florida law explicitly states the requirements for the eligibility of the president.

The attorney for Vermont, in his obfuscation efforts, raised the spectre of each Secretary of State or chief election official proactively verifying the eligibility of each candidate.

No reasonable person is requesting that.

However, there is a clear distinction between that and knowingly, after being alerted of a candidate’s eligibility deficiency, taking no action, ignoring a clear mandate from the US Constitution and allowing a candidate to remain on the ballot potentially disenfranchising thousands if not millions of voters.

This is what should have taken place in FL and all of the states:

Once alerted or challenged on a potential deficiency in eligibility of a candidate, the Secretary of State or other election official should investigate.

In the case of Obama and his natural born citizen status, if there is confusion about the definition, the state attorney general should be queried and if there is still confusion, a court ruling requested.

Passing the buck is dereliction of duty.

In Florida, the situation is much worse.

Not only did the FL Secretary of State fail in their constitutional duty, subsequent court hearings have been delayed and failed in their judicial duties.

Why has the judicial system failed the citizens in Florida?

More details to come.

Obama nomination of John Wyma attorney Zach Fardon to replace Patrick Fitzgerald conflict of interest, More Obama stacking of USDOJ, Wyma Obama involvement in Health Board corruption and senate seat selling

Obama nomination of John Wyma attorney Zach Fardon to replace Patrick Fitzgerald conflict of interest, More Obama stacking of USDOJ, Wyma Obama involvement in Health Board corruption and senate seat selling

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“The defense also questioned whether the government fully investigated Rezko’s allegations — which were the subject of recent court filings — that Wyma was involved in a specific bribery scheme at the Illinois Health Facilities Planning Board.”…Chicago Tribune November 29, 2011

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

 

Barack Obama and John Wyma are both tied to Chicago corruption scandals including the rigging of the IL Health Planning Facilities Board and the selling of Obama’s senate seat.

Now Obama has nominated John Wyma’s attorney, Zach Fardon to replace Patrick Fitzgerald in the USDOJ.

Pre Obama this was considered a conflict of interest.

In the Obama Big Brother regime this is status quo.

From Citizen Wells December 2, 2011.

“Most of what we are fed from the media about Blagojevich is in regard to the alleged selling of Obama’s senate seat. As I have stated repeatedly, that was a cleverly crafted diversion. The Justice Department has added to this charade by dropping counts 1,2 and 4 against Blagojevich which contain references to much of the earlier corruption tied to Obama, specifically the rigging of the IL Health Planning Board. Today’s hearing is in regard to a motion about the testimony of John Wyma. I was pleased to find that 2 reports out of Chicago did not limit references to just the alleged selling of the senate seat.

From the Chicago Tribune November 29, 2011.

“With one week to go before former Gov. Rod Blagojevich is sentenced for widespread public corruption, his attorneys have asked a federal judge to consider what they say is new evidence regarding a key government witness.”

“In the filing, Blagojevich’s defense team referenced the recent sentencing of Blagojevich fundraiser Antoin “Tony” Rezko. Rezko was sentenced to 10 1/2 years in prison last week.

In their filing, Blagojevich’s attorneys say prosecutors failed to tell the judge who approved wiretaps for the Blagojevich investigation that then-staffer John Wyma, who was a confidential informant for the government, had cut a deal to avoid being investigated.

But Wyma’s attorney denied his client had any agreement with the government in 2008 when he agreed to be a confidential informant.

“There was never any understanding he would not be investigated,” attorney Zach Fardon said. “He cooperated truthfully with no preconditions.”

Wyma later received immunity from the government when he was subpoenaed to appear before a grand jury.

The defense also questioned whether the government fully investigated Rezko’s allegations — which were the subject of recent court filings — that Wyma was involved in a specific bribery scheme at the Illinois Health Facilities Planning Board.”

Read more:

http://www.chicagotribune.com/news/local/ct-met-blagojevich-filings-20111129,0,3280336.story

From the Chicago SunTimes November 28, 2011.

“Blago’s lawyers want hearing based on new John Wyma information

Rod Blagojevich’s lawyers are asking for a special hearing to discuss what they say is new information regarding a key witness at the former governor’s trial.

They are asking U.S. District Judge James Zagel for an evidentiary hearing regarding the testimony of onetime Blagojevich friend and lobbyist John Wyma, arguing they weren’t allowed to properly cross examine him at trial. It was Wyma’s cooperation in 2008 that led to FBI wiretaps against the now-convicted ex-governor.

In a weekend filing, lawyers questioned whether the government properly vetted information against Wyma that was provided by a cooperating Tony Rezko. Rezko, a onetime fund-raiser to Blagojevich convicted on 16 counts of corruption, was sentenced to 10 ½ years last week.

In filings regarding Rezko’s sentencing, Wyma’s cooperation with the government is discussed, including that Rezko told prosecutors that he tried to extract a campaign contribution through Wyma from Provena Health, whom Wyma represented as a lobbyist at the time.

Lawyers question whether bribery was involved when Provena was granted a certificate of need from an Illinois hospital board. Rezko told prosecutors in private sessions that Provena had a dispute with someone on the hospital board and resolved it by paying the board member, according to the Blagojevich defense filing. Prosecutors say the charge was unsubstantiated.”

Read more:

http://www.suntimes.com/9114418-417/blagos-lawyers-want-hearing-based-on-new-john-wyma-information.html

Perhaps the effort to throw Obama under the bus is underway.”

https://citizenwells.wordpress.com/2011/12/02/john-wyma-testimony-blagojevich-hearing-december-2-2011-wyma-chicago-corruption-ties-media-and-justice-department-protect-obama/

From CNS News May 23, 2013.

The Obama administration has picked a private attorney and former federal prosecutor who helped send former Illinois Gov. George Ryan to prison for corruption to head the U.S. attorney’s office in Chicago, Illinois’ senators announced Thursday.

Zachary Fardon would replace Patrick Fitzgerald, who stepped down last summer to enter private practice. Fitzgerald rose to national prominence during more than a decade in the office and successfully convicted two Illinois governors, including Ryan. The U.S. Senate must confirm President Barack Obama’s nomination of Fardon.

Both of Illinois’ senators, Democrat Dick Durbin and Republican Mark Kirk, support the choice.

“Zachary Fardon will be an exceptional U.S. Attorney for the Northern District of Illinois,” Durbin said in a news release announcing the nomination.”

http://cnsnews.com/news/article/new-federal-prosecutor-nominated-chicago

 

Consider this from chicago1st December 5, 2008.

“All of this follows the recent conviction of Tony Rezko and his apparent cooperation with prosecutors as well as the indictment of William Cellini for extorting campaign contributions for Blago from a film producer. What are the odds Sen. Durbin will be writing President Obama in 2012 or 2016 to commute Blago’s sentence?”

http://chicagoist.com/2008/12/05/blago_gets_snared_in_the_wire.php

Obama nominates Zachary Fardon to replace Patrick Fitzgerald, Fardon represented John Wyma Blagojevich friend crony, Wyma avoided prosecution by being witness

Obama nominates Zachary Fardon to replace Patrick Fitzgerald, Fardon represented John Wyma Blagojevich friend crony, Wyma avoided prosecution by being witness

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

 

From CNS News May 23, 2013.

“New federal prosecutor nominated for Chicago”

The Obama administration has picked a private attorney and former federal prosecutor who helped send former Illinois Gov. George Ryan to prison for corruption to head the U.S. attorney’s office in Chicago, Illinois’ senators announced Thursday.

Zachary Fardon would replace Patrick Fitzgerald, who stepped down last summer to enter private practice. Fitzgerald rose to national prominence during more than a decade in the office and successfully convicted two Illinois governors, including Ryan. The U.S. Senate must confirm President Barack Obama’s nomination of Fardon.

Both of Illinois’ senators, Democrat Dick Durbin and Republican Mark Kirk, support the choice.

“Zachary Fardon will be an exceptional U.S. Attorney for the Northern District of Illinois,” Durbin said in a news release announcing the nomination. “I spoke to him today and advised him that he’ll have to hit the ground running and immediately focus on daily gang and gun violence plaguing the streets of Chicago.”

Kirk called Fardon “an outstanding pick to continue Patrick Fitzgerald’s tradition of aggressively prosecuting criminal activity that threatens northern Illinois.”

The post is widely regarded as Chicago’s second-most powerful job, after the mayor. The chief prosecutor and around 170 assistant attorneys also have an impact beyond Illinois, including by handling major terrorism cases.

Fardon, a partner at the Chicago law firm Latham Watkins, was on the team of federal prosecutors who secured convictions against Ryan in 2006. In that case and in others, Fardon gained a reputation as an adept, quick-witted cross-examiner.

Fardon also served in the U.S. attorney’s office in Nashville, Tenn., and later entered private practice. Among his clients was John Wyma, a longtime lobbyist and friend of former Illinois Democratic Gov. Rod Blagojevich, whose testimony helped convict Ryan of corruption.”

http://cnsnews.com/news/article/new-federal-prosecutor-nominated-chicago

From the Chicago SunTimes July 27, 2010.

“Sam Adam Jr. has just accused President Barack Obama and his transition team of negotiating with Blagojevich.

The offer came from Rod to Tom Balanoff, Adam says. Balanoff brought it to Valerie Jarrett and word came back from Rahm Emanuel through John Wyma. It’s a negotiation they were in, he said of Obama and Blagojevich.”

Read more:

http://blogs.suntimes.com/blago/2010/07/sam_adam_jr_accuses_barack_oba.html

From ABC News December 12, 2008.

“Blagojevich Confidant Turned Informant”
“For years, John Wyma has been one of Gov. Rod Blagojevich’s closest allies. He served as Blagojevich’s chief of staff in Congress and was a key advisor in his 2002 campaign for governor. When his former boss took over the statehouse, Wyma remained a central fundraiser and counselor, but also had Blagojevich’s ear as a lobbyist. But now this longtime advisor and old friend has become one of the most significant cooperators in the government’s efforts to put Blagojevich behind bars.

Wyma, 41, was close to much of the alleged wrongdoing during the feds’ five-year probe, and he remains a subject of the government’s investigation into the Illinois Health Planning Facilities Board, according to the criminal complaint for Blagojevich. But Wyma’s turn from confidant to informant ultimately inched prosecutors to the governor’s most recent — and most brazen — alleged attempts to trade political favors for campaign cash, the complaint states.

A fixture of the Blagojevich’s inner circle, Wyma as a lobbyist routinely traveled with the governor, flying with him during official state trips more than a dozen times during his first term, according to the Chicago Sun Times.

For years, John Wyma has been one of Gov. Rod Blagojevich’s closest allies. He served as Blagojevich’s chief of staff in Congress and was a key advisor in his 2002 campaign for governor. When his former boss took over the statehouse, Wyma remained a central fundraiser and counselor, but also had Blagojevich’s ear as a lobbyist. But now this longtime advisor and old friend has become one of the most significant cooperators in the government’s efforts to put Blagojevich behind bars.

A friend of the governor for more than a decade, on the day before his arrest Blagojevich told reporters he and Wyma talked football the Wednesday before Thanksgiving.

“You can’t get much closer than they are to each other,” said Rich Miller who runs the Illinois political insider blog Capitol Fox. “[Wyma's] a lobbyist but he’s almost never in Springfield lobbying legislators. He virtually only lobbies the governor at his home in Chicago.”

Wyma could not be reached for comment, despite multiple calls and visits to his office and addresses listed in his name. His attorney, former federal prosecutor Zachary Fardon, who helped put former Illinois Governor George Ryan in jail, said in an email statement today that “There are news stories indicating that my client, John Wyma, is “Individual A” in the criminal complaint against Governor Rod Blagojevich. Mr. Wyma has made efforts to provide federal investigators with truthful information regarding the matters under investigation and will continue to do so. Out of respect for the ongoing process, we are making no further statements related to these matters at this time.”

Individual A
Those efforts began just months ago, in October, when, according to the criminal complaint released in the wake of the governor ‘s arrest Tuesday, Wyma — believed to be the person identified in documents only as Individual A — began talking with the FBI. The timing hardly seems a coincidence: it dovetails with the weeks, according to published accounts, that Wyma was named in a subpoena sent to former client Provena Health. The hospital company had donated money to the governor ‘s campaign shortly after receiving a favorable ruling.

Whatever his role in the hospital donations, Wyma’s cooperation soon proved fruitful to prosecutors. According to the criminal complaint, Wyma is one of the key sources to the source of the tip that Blagojevich is using the final months of the year to raise funds through payoffs before the new state ethics law goes into effect in January. That law would sharply limit any individual or entity with state contracts worth more than $50,000 from donating to the governor’s campaign coffers.”

Read more:

http://abcnews.go.com/Blotter/ConductUnbecoming/story?id=6444648&page=1#.UZ6fhEA3vhI

From the McHenry County blog October 24, 2008.

“Health Facilities Planning Board Controversy Again”

“Last time it was the Mercy Health System’s attempt to obtain the Illinois Health Facilities Planning Board’s approval.

Joseph Levine, Jim Ryan’s biggest fund raiser turned Rod Blagojevich buddy, fixed the favorable outcome after his contractor buddy Jacob Kiferbaum got the nod from Mercy to build the Crystal Lake hospital. Kiferbaum agreed to kick back to Levine and Tony Rezko.

To put it in the words of the U.S. Attorney’s press release on the Tony Rezko indictment:
“Rezko and Levine also were seeking to obtain a kickback of at least $1 million from contractor Jacob Kiferbaum, whose construction company was to build a new facility for Mercy Hospital in Crystal Lake, Illinois, if that facility received approval from the Illinois Health Facilities Planning Board, on which Levine sat.”

In any event, this time the controversy is down the Fox Valley in Elgin and concerns Provena St. Joe’s being granted permission to conduct open heart surgery after hiring John Wyma.

The gist of the Chicago Tribune story by Ray Long and Jeff Coen is that Provena hired Wyma. About a month after having gotten permission to expand its medical service, Provena’s for-profit arm made a $25,000 contribution to Governor Blagojevich’s campaign fund.”

http://mchenrycountyblog.com/category/john-wyma/

 

Obama pardons echo Clinton Holder pardon of Marc Rich?, Last months of Obama administration ugly?, Who is going to pardon Obama?

Obama pardons echo Clinton Holder pardon of Marc Rich?, Last months of Obama administration ugly?, Who is going to pardon Obama?

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why did Mutual Bank fire whistleblower Kenneth J Conner after he
challenged the appraisal on the land purchased by Rita Rezko, just
prior to the land sale to Obama?”…Citizen Wells

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

 

The following was written by Debra J. Saunders of the San Francisco Chronicle and reported at the Greensboro News Record on May 22, 2013.
“Obama may use power to pardon sparingly, if at all”

“Last week, Attorney General Eric Holder gave Washington a preview of how the last few months of the Obama administration are going to look, and they’re going to be ugly.

Holder knows ugly. He was, after all, deputy attorney general when President Bill Clinton issued his infamous 140 out-the-door pardons to unworthies such as Marc Rich, who fled to Switzerland after federal prosecutors issued a 51-count indictment against him in 1983 for tax evasion, racketeering and illegal trading with Iran. Even though Rich was a fugitive from federal prosecution, Holder issued a “neutral, leaning towards favorable” opinion on the pardon; Rich’s attorney also used to be Clinton’s attorney.”

Will Obama pardon Blagojevich?

Was a deal struck just before Blagojevich was arrested in 2008?

From Citizen Wells May 21, 2013.

One has to wonder that if Obama appears to be in jeopardy if Blagojevich or even Rezko will talk.

Don’t believe Obama can be touched?

From WND May 19, 2013.

“HALF OF AMERICA WANTS OBAMA IMPEACHED”

“The faux stone columns from his Denver acceptance speech are crumbling, the fireworks have fizzled and the unadulterated adulation of Barack Obama is a sour feeling of disillusion, as a new poll reveals half of America wants him impeached, including a stunning one in four Democrats.

“It may be early in the process for members of Congress to start planning for impeachment of Barack Obama, but the American public is building a serious appetite for it,” said Fritz Wenzel, of Wenzel Strategies, which did the telephone poll Thursday. It has a margin of error of 4.36 percent.

“Half or nearly half of those surveyed said they believed Obama should be impeached for the trifecta of scandals now consuming Washington.””

http://citizenwells.wordpress.com/2013/05/21/obama-arrest-impeachment-resignation-imminent-benghazi-gate-irs-gate-usdoj-gate-al-vt-supreme-court-eligibility-cases-arpaio-investigation-blagojevich-appeal-fdic-mutual-bank-lawsuit/

Who is going to pardon Obama?

Obama arrest impeachment resignation imminent?, Benghazi gate IRS gate USDOJ gate, AL VT supreme court eligibility cases, Arpaio investigation, Blagojevich appeal, FDIC Mutual Bank lawsuit

Obama arrest impeachment resignation imminent?, Benghazi gate IRS gate USDOJ gate, AL VT supreme court eligibility cases, Arpaio investigation, Blagojevich appeal, FDIC Mutual Bank lawsuit

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“The question that I had in my mind, was why did we not do something to protect our forces?”…Charles Woods, father of slain Navy Seal

“Why did Mutual Bank fire whistleblower Kenneth J Connor after he
challenged the appraisal on the land purchased by Rita Rezko, just
prior to the land sale to Obama?”…Citizen Wells

We seem to be approaching a “perfect storm” of Obama controversies, any of which would have capsized a Republican president.

Obama’s pals in the mainstream media continue to minimize, mis report, under report and rectify news in an effort to protect Obama and themselves.

However, the brewing storm may be insurmountable for even the best Orwellian efforts of the Obama administration and the press.

Citizen Wells reported in 2008 that Obama had to win the election to keep from being prosecuted for Chicago corruption ties and involvement and for fraud in his eligibility and records. The same is true for 2012 and now Obama knows that he needs to maintain some control of congress with the 2014 elections.

That is, if he is still around then.

The spectre of Obama’s arrest, impeachment or resignation is more with us than ever.

Consider the following:

Project Gunrunner, aka Fast and Furious, has not been fully investigated.

Benghazi Gate.

IRS Gate.

USDOJ Gate.

The Sheriff Joe Arpaio investigation into the Obama birth certificate and other records is proceeding.

There are at least 2 eligibility cases active in state supreme courts.

Judge Roy Moore is the Supreme Court chief justice in Alabama. He has already questioned Obama’s eligibility and Mike Zullo of the Arpaio investigation has provided a lengthy affidavit.

Appellant H. Brooke Paige is awaiting decisions from the Vermont Supreme Court on several issues. He has challenged Obama’s natural born citizen status due to the father being Kenyan/British.

The Blagojevich appeal is still in the works. Many believe he expects a pardon or other assistance from Obama.

The FDIC lawsuit against Mutual Bank et al is still alive. This is the bank that loaned Rita Rezko the money for the lot adjacent to the Obama’s that was subsequently sold to them.

One has to wonder that if Obama appears to be in jeopardy if Blagojevich or even Rezko will talk.

Don’t believe Obama can be touched?

From WND May 19, 2013.

“HALF OF AMERICA WANTS OBAMA IMPEACHED”

“The faux stone columns from his Denver acceptance speech are crumbling, the fireworks have fizzled and the unadulterated adulation of Barack Obama is a sour feeling of disillusion, as a new poll reveals half of America wants him impeached, including a stunning one in four Democrats.

“It may be early in the process for members of Congress to start planning for impeachment of Barack Obama, but the American public is building a serious appetite for it,” said Fritz Wenzel, of Wenzel Strategies, which did the telephone poll Thursday. It has a margin of error of 4.36 percent.

“Half or nearly half of those surveyed said they believed Obama should be impeached for the trifecta of scandals now consuming Washington.””
Read more:

http://www.wnd.com/2013/05/half-of-america-wants-obama-impeached/#UqtAiECsPQldPw8Y.99

Vermont Obama eligibility challenge update, May 19, 2013, H. Brooke Paige appeal in VT Supreme Court, Awaiting decisions on multiple issues, Obama not natural born citizen

Vermont Obama eligibility challenge update, May 19, 2013, H. Brooke Paige appeal in VT Supreme Court, Awaiting decisions on multiple issues, Obama not natural born citizen

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

“Vattel was quoted by US Supreme Court Justice Livingston in THE VENUS, 12 U.S. 8 CRANCH 253 253 (1814)”…Citizen Wells

On May 5, 2013 Citizen Wells reported on the Obama eligibility challenge appealed in the Vermont Supreme Court by H. Brooke Paige.

From the Burlington Free Press April 23, 2013.

“President Barack Obama may be the “de facto” president of the United States, but that doesn’t mean he was elected legally, a former Republican U.S. Senate hopeful told the Vermont Supreme Court on Tuesday.

H. Brooke Paige, appearing without a lawyer before the state’s highest court, said Obama does not meet what the framers of the U.S. Constitution meant when they decreed that a person holding the presidency must be a “natural born citizen.””

http://citizenwells.wordpress.com/2013/05/05/vermont-supreme-court-obama-eligibility-case-obama-not-natural-born-citizen-due-to-foreign-father-h-brooke-paige-vattel-law-of-nations-cited/

On May 7, 2013 Citizen Wells provided analysis of and audio from the VT Supreme Court hearing.

“Standing is a non issue in this case and they damn well know it!

In fact, at least one justice questioned this.

There are at least 3 reasons why H. Brooke Paige has standing.

1. Vermont election statutes clearly give him standing as a voter. Mr. Paige complied with the protocol.

2. Ruling from a lower court, the Superior Court.

3. The Tenth Amendment. If their argument is that the state does not have the power to challenge, then any citizen does.”

http://citizenwells.wordpress.com/2013/05/07/vermont-supreme-court-appeal-on-obama-natural-born-citizen-status-h-brooke-paige-standing-attorney-todd-daloz-flawed-arguments-standing-non-issue-constitution-and-duties-ignored/

On May 7, 2013 Mr. Paige placed the following comment at Citizen Wells.

Dear “Citizen WEIIs”

Thank You for your interest and support! I am well aware of the apparent shortcomings of my “oral argument”. Trust me it is difficult to be on- your “game” with the clock ticking. Oral Argument is really a misnomer as this is actually a “Q and A” affording the Justices the opportunity to seek further information after their through review of the briefs, appendixes( of documents and legal authorities) and the docket of the lower court “the printed case”. It is/was impossible to summarize the 225 years of history and source documents that support my litigation in the 15 minutes afforded each party.

I believe, based upon the Justices’ enquiry, that they had a solid grasp of the six underlying issues that arose as this case proceeded. In addition to the original issue of the candidate(s) constitutional qualification (natural born Citizen[ship]), the following procedural issues arose as the case evolved: 1 – Standing (of the plaintiff), 2 – Jurisdiction (of the Superior Court), 3 – Venue (of the Washington County Court), 4- Political Question, 5 – Mootness. All six issues were thoroughly explored and answered in the Appellants’ Principle and Reply Briefs (over 30,000 words in length – combined) prepared with the expert assistance of Mario Apuzzo, Esq..

As I expressed in my opening statement before the Court, I have proceeded “pro se” out of necessity after an exhaustive search for a qualified Vermont attorney – it was only after every competent member of the Vermont Bar had declined to accept my “engagement” because they did not believe they had the “expertise or resources” to properly prosecute
the case. Regardless of what is ( or has been) said elsewhere, Mario is the patron saint of this “pro se” litigant. Since I first contacted him last June, he has selflessly done everything I required to assist me in properly constructing and presenting my case and I truly believe we have presented evidence, history and law sufficient to allow the Vermont Justices to find favorably as to all six issues.

The Justices treated me and my action with both respect and the attention this important issue deserved . I salute them for having the insight and wisdom to accept the appeal from the lower Court and for allowing it to be presented before the full Court (as opposed to declining to hear the appeal or relegating it to the “rocket docket” !)

Sincerely,
H. Brooke Paige
Appellant/Plaintiff, pro se.”

I responded.

“Mr. Paige.
I am in no way criticizing you.
In fact I admire you for your attempts.
It is my job to ask questions and seek the truth.
If I can be of help, let me know.
Wells”

On May 16 2013, after several email exchanges, I had a lengthy phone conversation with Mr. Paige. It was clear from the onset that he has a solid command of facts regarding the history and laws defining Natural Born Citizen.

Mr. Paige, for example was aware of the Venus Cranch case of 1814 in which Justice Livingstone quoted the  entire 212nd paragraph of Vattel and stated:

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

“The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it…”

This contradicts the Vermont state attorney who attempted to marginalize Vattel’s description of natural born citizen and portray it as antiquated.

From the emails and the phone conversation, Mr Paige stated that he was awaiting decisions from the VT Supreme Court.

“The Vermont Supreme Court is still contemplating their decision on the
issues = there are six: 1. Standing (of the Plaintiff/Appellant) 2.
Jurisdiction (of the VT Superior Court) 3. Venue (of the Washington County
Superior Court in Statewide and national elections) 4. Political Question,
5. Mootness AND 6. the definition of the Constitutional Presidential
Qualification idiom “natural born Citizen”.”
“If I am successful, in all probability the results (especially “nbC” will
be appealed by the Vermont Attorney General or, more probably, another
state seeking to have the issues resolved by SCOTUS = as the incongruity
of the qualification among the states would be considered untenable.

Right Now – “its wait and see” here in the Green Mountains. I have great
confidence (for reasons I cannot reveal) that this question will be
adjudicated to a favorable finality.

If the Court finds against me on the “nbC” issue alone I will appeal to
SCOTUS. If I fail in the other issues, it will be necessity to proceed to
Federal Court first to resolve “due process” violation issues. (I am sure
that you are aware that the “nbC” issue can only be advanced from the
Vermont Court directly to SCOTUS – as Federal Courts are prohibited from
hearing the qualification issue as their involvement would violate the
Constitutional precept of separation of powers).”

“it is important to understand that issues 1-5 have never been
litigated since they were inserted in Vermont Title 17 (the Election Code)
as to a statewide or national election, therefore aside from the “nbC”
issue that is your primary concern – all elements are important to those
following my action within the political, legislative and judicial spheres
here in Vermont.”

Here is link to an excellent article from George Miller presented at Obama Ballot Challenge on May 15, 2013. It contains much of the same dialogue that I had with Mr.Paige as well as many legal documents.

http://obamaballotchallenge.com/newsboy-challenges-illegal-white-house-usurper-obama-via-vermont-supreme-court