Category Archives: constitution

Edward Snowden update, June 18, 2013, US government not able to cover this up by jailing or murdering me, Mainstream media ignores largest program of suspicion less surveillance in human history

Edward Snowden update, June 18, 2013, US government not able to cover this up by jailing or murdering me, Mainstream media ignores largest program of suspicion less surveillance in human history

“If you will not fight for right when you can easily win without bloodshed,
If you will not fight when your victory is sure and not too costly,
You may come to the moment when you will have to fight
with all the odds against you and only a precarious chance of survival.”…Winston Churchill

“If I had my choice I would kill every reporter in the world but I am sure we would be getting reports from hell before breakfast.”… William Tecumseh Sherman

“And if all others accepted the lie which the Party imposed
–if all records told the same tale–then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future: who controls the present
controls the past.”…George Orwell, “1984″

From the Canberra Times June 18, 2013.

“US government can’t stop the truth: Ed Snowden”

“NSA leaker Edward Snowden defended his disclosure of top-secret US spying programs in an online chat on Monday with The Guardian and attacked US officials for calling him a traitor.

“The US government is not going to be able to cover this up by jailing or murdering me,” he said. He added the government “immediately and predictably destroyed any possibility of a fair trial at home,” by labelling him a traitor, and indicated he would not return to the US voluntarily.

Congressional leaders have called Mr Snowden a traitor for revealing once-secret surveillance programs two weeks ago in the Guardian and The Washington Post. The National Security Agency programs collect records of millions of Americans’ telephone calls and Internet usage as a counterterror tool.

The disclosures revealed the scope of the collections, which surprised many Americans and have sparked debate about how much privacy the government can take away in the name of national security.

“It would be foolish to volunteer yourself to” possible arrest and criminal charges “if you can do more good outside of prison than in it,” he said.
Mr Snowden dismissed being called a traitor by former Vice President Dick Cheney, who made the allegations in an interview this week on Fox News Sunday. Mr Cheney was echoing the comments of both Democrats and Republican leadership on Capitol Hill, including Senate Intelligence committee Chairwoman Dianne Feinstein.

“Being called a traitor by Dick Cheney is the highest honour you can give an American, and the more panicked talk we hear from people like him, Feinstein … the better off we all are,” Mr Snowden said.”

“In answer to the question of whether he fled to Hong Kong because he was spying for China, Mr Snowden wrote, “Ask yourself: if I were a Chinese spy, why wouldn’t I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.”
He added later, “I have had no contact with the Chinese government.”

Mr Snowden dismissed the US government’s claims that the NSA surveillance programs had helped thwart dozens of terrorist attacks in more than 20 countries, including the 2009 al-Qaeda plot by Afghan American Najibullah Zazi to blow up New York subways.

“Journalists should ask a specific question: … how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive (sic) that, and ask yourself if it was worth it.”"

“Mr Snowden explained his claim that from his desk, he could “wiretap” any phone call or email — a claim top intelligence officials have denied. “If an NSA, FBI, CIA, DIA, etc. analyst has access to query raw SIGINT (signals intelligence) databases, they can enter and get results for anything they want,” he wrote in the answer posted on the Guardian site. “Phone number, email, user id, cell phone handset id (IMEI), and so on — it’s all the same.”

The NSA did not immediately respond to an email seeking comment. But Director of National Intelligence James Clapper has said that the kind of data that can be accessed and who can access it is severely limited.”

“In one of his final replies, Mr Snowden attacked the “mainstream media” for its coverage, saying it “now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicion-less surveillance in human history.”

Read more:

http://www.canberratimes.com.au/it-pro/security-it/us-government-cant-stop-the-truth-ed-snowden-20130618-2oexh.html#ixzz2WZAuqcXm

Thus far, I am inclined to believe Mr. Snowden.

Fathers Day June 16, 2013, Founding fathers, White House blog replaced fathers with founders, Founding Fathers contributed to the development of independence and nationhood.

Fathers Day June 16, 2013, Founding fathers, White House blog replaced fathers with founders, Founding Fathers contributed to the development of independence and nationhood.

“If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation, for through this in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.”…George Washington

“If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin”…Samuel Adams, 1776

“With those children [Winston] thought, that wretched woman must lead a life of terror. Another year, two years, and they would be watching her night and day for symptoms of unorthodoxy. Nearly all children nowadays were horrible. What was worst of all was that by means of such organizations as the Spies they were systematically turned into ungovernable little savages, and yet this produced in them no tendency whatever to rebel against the discipline of the Party.”…George Orwell, “1984″

Happy Fathers Day.

It is my belief that the collective wisdom of a father and mother, like the collective wisdom of the founding fathers, is important in the raising of children, i.e., 2 heads are better than one.

From ConstitutionFacts.com.

“United States (U.S.) Founding Fathers

The U.S. Constitution brought together, in one remarkable document, ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence. Those who made significant intellectual contributions to the Constitution are called the “Founding Fathers” of our country.

Many of the United States Founding Fathers were at the Constitutional Convention, where the Constitution was hammered out and ratified. George Washington, for example, presided over the Convention. James Madison, also present, wrote the document that formed the model for the Constitution.

Other U.S. Founding Fathers were not there, but made significant contributions in other ways. Thomas Jefferson, who wrote the Declaration of Independence, was serving as ambassador to France at the time of the Convention. He kept abreast of the proceedings in Philadelphia by carrying on correspondence with James Madison. John Adams, as ambassador to Great Britain, wrote “Defense of the Constitution of the Government of the United States of America.” Thomas Paine wrote the influential pamphlet “Common Sense,” which immeasurably influenced the philosophy reflected in the Declaration of Independence. One of the U.S. Founding Fathers, Patrick Henry, was initially opposed to the very idea of the Constitution! He wanted to keep the Articles of Confederation, the predecessor to the Constitution. However, when an agreement was made to add a “bill of rights” to the Constitution, Henry fought hard for its ratification.

The term “framers” is sometimes used to specify those who helped “craft” the Constitution. “Founding Fathers” often refers to people who contributed to the development of independence and nationhood. However, the notion of a “framer” or a “Founding Father” is not easily defined. For purposes of this website, “Founding Fathers” are individuals who had a significant impact on the Constitution either directly or indirectly. The following list is by no means complete, but it does identify people who played a large role in the development of the Constitution at this crucial time in American history.”

http://www.constitutionfacts.com/us-founding-fathers/

It came as no surprise to me when I recently read about the omission of “father” from the founding of this nation on the White House Blog.

From The Daily Caller June 13, 2013.

“Throughout United States history, the group of men who assembled in Philadelphia in 1787 to write the nation’s Constitution had been known as the “Founding Fathers,” a moniker used even on official government websites.

But the use of the “fathers” may have been a step too far for the Obama administration. In a Thursday post on the White House’s blog, Keith Donohue, the communications director for the National Historical Publications and Records Commission at the National Archives, announced that the papers of the “Founding Founders,” otherwise known as the Founding Fathers, are available online.

Charles C.W. Cooke, writing for National Review Online, pointed out the strange phrase, and sometime after 10 p.m. ET, the site was revised with the headline reading “Founding Fathers.”

It’s not clear whether the original headline was a typo or a brief effort to retcon some gender neutrality into early American history. Donohue did not reply to an inquiry on Twitter.

“What was the original intent behind the Constitution and other documents that helped shape the nation?” Donohue wrote in his blog post. “What did the Founders of our country have to say? Those questions persist in the political debates and discussions to this day, and fortunately, we have a tremendous archive left behind by those statesmen who built the government over 200 years ago.””

Read more:

http://dailycaller.com/2013/06/13/white-house-originally-opts-for-founding-founders-over-founding-fathers-then-reconsiders/

I miss my dad.

Marco Rubio on Obama birth certificate Arpaio investigation, Natural born citizen status, Rubio downplays Obama’s constitutional eligibility, Philip J. Berg constitutional crisis

Marco Rubio on Obama birth certificate Arpaio investigation, Natural born citizen status, Rubio downplays Obama’s constitutional eligibility, Philip J. Berg constitutional crisis

“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

“Soetoro/Obama is not ‘Constitutionally Eligible’ to be President and therefore, everything he has done, all appointments and all signings are voidable.”…Philip J. Berg

 
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

Marco Rubio, when asked about Obama’s birth certificate and the Arpaio investigation, down played the significance of the issue and changed subject, in typical politician style, to other pressing issues.

However, Philip J. Berg, in 2008 nailed it:

“if Obama is voted into the Office of the President and allowed to assume said position, in violation of Article II, Section of our Constitution as he is not a “natural born” citizen, it would be Unconstitutional.”

“any act or action that Obama executes is Unconstitutional.
This would create massive litigation and a complete disarray of our government and a Constitutional crisis.”

We have that crisis now. It will worsen.

From commenter GORDO at Citizen Wells yesterday:

“BREAKING! MARCO RUBIO STEPS INTO IT BIG TIME!…Says that if Sheriff Arpaio has evidence of Obama fraud…he needs to present it to the public!…He personally is not aware of a problem (ROTFLMAO!!!)…

UPDATE: Mike Zullo has been personally informed as to this development as of 3:30 p.m. PST”

http://giveusliberty1776.blogspot.com/2013/06/breaking-marco-rubio-steps-into-it-big.html
===============
GaryW’s comments at ORYR:

“It’s time for Zullo to march into Rubio’s office. Furthermore…this video clip needs to be disseminated far and wide and all patriot’s need to bombard Rubio with the evidence. Hold his feet to the fire! This is an opening that needs to be exploited! He said it…hold him to it!”

http://obamareleaseyourrecords.blogspot.com/2013/06/shock-video-senator-marco-rubio.html#IDComment656172599

“BTW…Zullo was informed personally 15 mins ago about this. I know this to be a fact.”

http://obamareleaseyourrecords.blogspot.com/2013/06/shock-video-senator-marco-rubio.html#IDComment656172816

CDR Charles Kerchner:

“Chief Investigator Mike Zullo Needs to Call and Send a Followup Confirmation Letter to Senator Marco Rubio and Offer to Publicly Brief and Present Senator Rubio with the Evidence of Obama’s ID Document Fraud”

“Watch this shocking and shameful video demonstrating the either total naivety and deviousness by Senator Rubio, or one non-natural born Citizen of the USA with presidential aspirations who is protecting Obama the non-natural born Citizen of the USA and fraud, as John McCain did in 2008, or is engaging in a bald-faced disinformation attempt, and change the subject attempt, to bamboozle the questioner and the listeners, and pretend he does not know about the extent of the absolute forged and fabricated Obama’s PDF Birth Certificate on WhiteHouse.gov, which fact has now been verified as such by a court certified document examiner:”

http://cdrkerchner.wordpress.com/2013/06/05/chief-investigator-mike-zullo-needs-to-call-senator-marco-rubio-and-offer-to-brief-and-present-rubio-with-the-evidence-of-obamas-id-document-fraud/

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/

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 eligibility challenged in 2 supreme courts, May 28, 2013, VT or AL, Most liberal or most conservative state, Obama birth certificate natural born citizen status

Obama eligibility challenged in 2 supreme courts, May 28, 2013, VT or AL, Most liberal or most conservative state, Obama birth certificate natural born citizen status

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“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

 

Obama’s eligibility to be president as a natural born citizen of the US is being challenged in 2 state supreme courts.

In Vermont, perhaps the most liberal state in the US, H. Brooke Paige has challenged Obama’s natural born citizen status due to his father being Kenyan/British.

In Alabama, perhaps the most conservative state in the US, Virgil Goode and Hugh McInnish have challenged Obama’s natural born citizen status since no evidence of US birth has been presented. Mike Zullo of the Arpaio investigation has submitted a lengthy affidavit regarding the image placed on WhiteHouse.gov and other records.

We expect a fair proceeding in the AL Supreme Court. The Chief Justice, Roy Moore, is a strong proponent of adhering to the US Constitution and has spoken of the lack of evidence for Obama being eligible.

From Citizen Wells April 1, 2013.

From Attorney Larry Klayman April 2013.

“Obama eligibility appeal in Roy Moore’s court”

“Many cases challenging Barack Obama’s presidential eligibility have come and gone, but now an appeal has been filed with a state Supreme Court led by a newly elected chief justice who has expressed doubt about Obama’s qualification for office.”
 

“Now, 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are asking the state’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.”

“Moore is on the record questioning Obama’s eligibility.

 
In an interview with WND in 2010, he defended Lt. Col Terrence Lakin’s demand that President Obama prove his eligibility as commander in chief as a condition of obeying deployment orders.
 
Moore said he had seen no convincing evidence that Obama is a natural-born citizen and much evidence that suggests he is not.
 
Moore said Lakin “not only has a right to follow his personal convictions under the Constitution, he has a duty.”
 
“And if the authority running the efforts of the war is not a citizen in violation of the Constitution, the order is unlawful,” he said.”
 

http://citizenwells.wordpress.com/2013/04/01/obama-eligibility-appeal-filed-in-judge-roy-moores-alabama-supreme-court-attorney-larry-klayman-secretary-of-state-beth-chapman-failed-to-verify-moore-expressed-doubts-about-obama/

What may surprise you is the hearing that H. Brooke Paige received before the VT Supreme Court on April 23, 2013.

Despite the best efforts of Vermont state attorney Todd Daloz to obfuscate by distorting VT statutes and election responsibilites and Mr. Paige’s standing, some of the justices presented intelligent questions and statements.

I have had several email exchanges and a lengthy phone conversation with H. Brooke Paige. This quote says much:

“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.”

Read more:

http://citizenwells.wordpress.com/2013/05/19/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/

Here is a segment of exchanges between Vermont state attorney Todd Daloz and the supreme court justices.

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

Deputy Attorney General James Cole AP phone subpoena, Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud, Eric Holder friend, American public Obama or Saudis being protected?

Deputy Attorney General James Cole AP phone subpoena, Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud, Eric Holder friend, American public Obama or Saudis being protected?

“I will stand with the Muslims should the political winds shift in an ugly direction.”…Barack Obama

“And if all others accepted the lie which the Party imposed

–if all records told the same tale–then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future: who controls the present
controls the past.”…George Orwell, “1984″

“Propaganda must not serve the truth, especially not insofar as it might bring out something favorable for the opponent.”… Adolf Hitler

Deputy Attorney General James Cole was nominated by Barack Obama on December 29, 2010.

James Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud.

From The Examiner June 16, 2010.

“Obama nominee defended Saudi terrorist”

“President Barack Obama’s nominee for the number two spot at the U.S. Justice Department served as a lawyer for the Saudi royals who helped finance the 9-11 terrorist attacks and raked in millions of dollars to “monitor” a collapsed insurance company that got a massive government bailout, according to a Washington, DC watchdog group.

According to public-interest group Judicial Watch, the president’s choice — James Cole — to be Deputy Attorney General believes that the Middle Eastern terrorists, who attacked the World Trade Center and the Pentagon on September 11, 2001, are simply domestic criminals who commit crimes such as rape and murder.

This should concern Americans since, as a ranking official at the Justice Department, Cole would play a lead role in decision-making involving terrorism arrests and prosecutions.

Known as a top criminal defense attorney in Washington, D.C. specializing in white-collar crime, Cole is a longtime friend of Attorney General Eric Holder, who served as deputy of the Justice Department’s Public Integrity Division under Bill Clinton. It was Holder who brokered the deal to release terrorists who bombed office buildings and killed cops in New York City in the 1970s. The deal was made to garner votes for Clinton’s wife who was running for New York’s U.S. Senate seat.

Obama nominated Cole last month and the Senate Judiciary Committee is holding confirmation hearings this week.

Cole has a shady history that contradicts the president’s assertion that “the American people will be well served by his integrity and commitment to the law,” according to Judicial Watch.

Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud when insurance carriers and September 11 survivors sued him and others for financing terrorists. Treasury Department documents provided evidence of extensive financial support for Al-Qaeda and other extremist groups by members of the Saudi royal family and Prince Naif ran the Al Haramain Foundation, a Saudi charity that diverted funds to Al-Qaeda before and after September 11, 2001.”

Read more:

http://www.examiner.com/article/obama-nominee-defended-saudi-terrorist

From the NY Times May 15, 2013.

“Justice Dept. Defends Seizure of Phone Records”

“Attorney General Eric H. Holder Jr. on Tuesday defended the Justice Department’s sweeping seizure of telephone records of Associated Press journalists, describing the article by The A.P. that prompted a criminal investigation as among “the top two or three most serious leaks that I’ve ever seen” in a 35-year career.

“It put the American people at risk, and that is not hyperbole,” he said in an apparent reference to an article on May 7, 2012, that disclosed the foiling of a terrorist plot by Al Qaeda’s branch in Yemen to bomb an airliner. “And trying to determine who was responsible for that, I think, required very aggressive action.”

In a statement in response, The A.P.’s president and chief executive, Gary Pruitt, disputed that the publication of the article endangered security.

“We held that story until the government assured us that the national security concerns had passed,” he said. “Indeed, the White House was preparing to publicly announce that the bomb plot had been foiled.” Mr. Pruitt said the article was important in part because it refuted White House claims that there had been no Qaeda plots around the first anniversary of the killing of Osama bin Laden.

At a news conference at the Justice Department, Mr. Holder also disclosed that he recused himself last year from overseeing the case after F.B.I. agents interviewed him as part of their investigation. His deputy, James M. Cole, approved the subpoena seeking call records for 20 office and personal phone lines of A.P. reporters and editors.

Mr. Pruitt disclosed the seizure of the phone records on Monday in a letter to Mr. Holder protesting the action as overly broad and “a serious interference with A.P.’s constitutional rights to gather and report the news.”

But in a letter to The A.P. on Tuesday, Mr. Cole portrayed the search as justified and disputed a detail in the wire service’s account of the Justice Department action. While the news organization had said that records from “a full two-month period” had been taken, Mr. Cole said that the seizure covered only “a portion” of two calendar months.

“We understand your position that these subpoenas should have been more narrowly drawn, but in fact, consistent with Department policy, the subpoenas were limited in both time and scope,” he wrote. He added that “there was a basis to believe the numbers were associated with A.P. personnel involved in the reporting of classified information. The subpoenas were limited to a reasonable period of time and did not seek the content of any calls.””

“Lucy Dalglish, dean of the journalism school at the University of Maryland, criticized the Justice Department’s broad seizure of phone records, saying it would chill the ability of reporters to report the news. The subpoena came against the backdrop of six prosecutions of officials in leak-related cases under President Obama — twice the number prosecuted under all previous presidents combined.

“The message is loud and clear that if you work for the federal government and talk to a reporter that we will find you,” she said.”

http://www.nytimes.com/2013/05/15/us/politics/attorney-general-defends-seizure-of-journalists-phone-records.html?pagewanted=1&_r=1&

We now know from the Benghazi talking point memos that references to Islamic extremists with ties to Al-Qa’ida was scrubbed by the Obama Administration.

So who was Mr. Cole protecting?

The american public, Obama or the Saudis?

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

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

“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

“The Elections division protects the integrity of campaigning and elections in Vermont.”…Vermont Secretary of State website

H. Brooke Paige, whose case challenging Obama’s natural born citizen deficiency was rejected by Washington Superior Court Judge Robert Bent on November 2012, appealed his case before the following Vermont Supreme Court Justices on April 23, 2013.

Honorable Paul Reiber, Chief Justice
Honorable John Dooley, Associate Justice
Honorable Marilyn Skoglund, Associate Justice
Honorable Brian Burgess, Associate Justice
Honorable Beth Robinson, Associate Justice

Assistant Attorney General Todd Daloz represented Secretary of State James Condos.

The issue of standing dominated the hearing. Mr. Paige presented a clear definition of natural born citizen. His documentation was minimal. A further analysis of his argument will be provided later.

It is clear that the majority of citizens, including judges, attorneys and politicians do not understand what a Natural Born Citizen is as included in the
Constitution for presidential eligibility.

It is furthermore clear that status quo is passing the buck instead of fulfilling implied and explicit constitutional duties.

It is also clear that Secretary of State James Condos and other secretaries of state and election officials, when confronted by similar challenges about natural born citizen status should have requested clarification from their Attorney Generals and the courts.

Courts have shirked their responsibility, from the US Supreme Court to the state courts.

Marbury v Madison makes this clear.

“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?

Assistant Attorney General Todd Daloz makes the argument that Secretary of State James Condos has no power or duty to vet a candidate.

Oh really?

The states are responsible for the primaries, general election and events leading up to 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.”

Manner of voting

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

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

Article VI of the US Constitution.

“The Senators and Representatives before mentioned, and the Members of the several State Legislators, and all executive and judicial Officers, both of the
United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;”

Some states explicitly provide for challenges by the secretary of state.

GEORGIA CODE
“*** Current Through the 2012 Regular Session ***

TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 1. GENERAL PROVISIONS

O.C.G.A. § 21-2-5 (2012)

§ 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.

(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the
Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike
such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots,
a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such
candidate shall be void and shall not be counted.”

Explicit or implied,

Secretary of State James Condos took an oath to uphold the US Constitution.

One of the justices asked if all of the state election officials should be required to vet all of the candidates. That was not the question at hand.

In this case, the Vermont Secretary of State was notified of the problem and refused to act.

Once again, an American courtroom, despite the caution from Marybury v Madison, shirked their duty and tried their best to make this about standing.

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.

Tenth Amendment

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.

Attorney Daloz tries to obfuscate and minimize the VT elections statutes in regard to Mr. Paige having standing.

Quite the contrary. They are crystal clear.

§ 2603. Contest of elections

“(a) The result of an election for any office, other than for the general assembly, or public question may be contested by any legal voter entitled to vote on the office or public question to be contested.

(b) A contest is initiated by filing a complaint with a superior court alleging:

(1) that errors were committed in the conduct of the election or in count or return of votes, sufficient to change the ultimate result;

(2) that there was fraud in the electoral process, sufficient to change the ultimate result; or

(3) that for any other reason, the result of the election is not valid.

(c) The complaint shall be filed within 15 days after the election in question, or if there is a recount, within 10 days after the court issues its judgment on the recount. In the case of candidates for state or congressional office, for a presidential election, or for a statewide public question, the complaint shall be filed with the superior court, Washington County. In the case of any other candidate or public question, the complaint shall be filed with the superior court in any county in which votes were cast for the office or question being challenged.

(d) The Vermont Rules of Civil Procedure shall apply to contests of elections, except that such cases shall be placed upon a special calendar, and hearings shall be scheduled on a priority basis, as public policy demands that such questions be resolved promptly.

(e) After hearing, the court shall issue findings of fact and a judgment, which shall supersede any certificate of election previously issued. If the court finds just cause, the court shall grant appropriate relief, which may include, without limitation, ordering a recount, or ordering a new election. If during the hearing the court receives credible evidence of criminal conduct, the court shall order a transcript of all or part of the testimony to be forwarded to the proper state’s attorney. If a new election is ordered, the court shall set a date for it, after consulting with the secretary of state; in ordering a new election, the court shall have authority to issue appropriate orders, either to provide for special cases not covered by law, or to supersede provisions of law which may conflict with the needs of the particular situation.

(f) The court shall send a certified copy of its findings of fact and judgment to the secretary of state.”

Here are segments from the court proceedings that relate to Mr. Paige’s argument and compliance and attorney Daloz attempting to prove that Mr. Paige has no standing. Attorney Daloz even further tries to dilute the standing issue by implying that congress should be the arbiter. The states control the election process until the certification of the electoral votes by congress. Only then can congress question eligibility. They have failed to do so.

The entire proceedings can be heard here.

Mr. Paige’s inaccurate statements about Obama’s birth certificate will for the moment be assumed to be based on ignorance and not agenda. This will be explored later.

No proof Obama born in Hawaii, Whitehouse.gov image proves nothing, Sheriff Arpaio investigation found fraud, Judge Parker Alabama Supreme Court no evidence Obama natural born citizen

No proof Obama born in Hawaii, Whitehouse.gov image proves nothing, Sheriff Arpaio investigation found fraud, Judge Parker Alabama Supreme Court no evidence Obama 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

“When asked where I believe Obama was born I answer, I don’t know. There is zero proof he was born in Hawaii. The only evidence of his birth location that we have is much circumstantial evidence and that points to Kenya.”…Citizen Wells

 

There is zero legitimate evidence that Obama was born in Hawaii.

Here is the reason.

A person can be born elsewhere and obtain a “birth certificate” in Hawaii that is recognized as legal in that state. Look it up for yourself.

The image placed on Whitehouse.gov is not the kind most of us are used to seeing. Instead of an embossed stamp and certification that this is an official copy, this image has the following at the bottom:

WhiteHouseGovAbstractVerbage

The phrase “or abstract” disqualifies this as proof positive of being an image of an original.

The Sheriff Joe Arpaio investigation indicates it is worse than that.

From WND May 5, 2013.

“Sheriff Joe injects new life into Obama eligibility”

“A week ago, Democrats quoted late-night comedian Jimmy Kimmel in their demand that a challenge to Barack Obama’s eligibility to be president be dismissed.

Now, those raising questions about Obama say they are bringing in professional law-enforcement investigators to shed light on the dispute.

It comes in a case brought by attorney Larry Klayman in which 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are seeking to force Alabama Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.

The case, dismissed at a lower level, is now being appealed to the Alabama Supreme Court, where strict constitutionalist Roy Moore was elected chief justice last November. The case becomes all the more intriguing because Moore is on record previously questioning Obama’s constitutional eligibility to serve as president.

Last week, the Democratic Party insisted, “In order for one to accept the claim that President Obama’s birth certificate is a forgery [and that he is ineligible], one has to buy into a conspiracy theory so vast and byzantine that it sincerely taxes the imagination of reasonable minds.”

The document scoffs at “birthers” as a “tiny cabal of zealots” and quotes late-night comedian Jimmy Kimmel – not widely recognized as a constitutional expert – to make its case: “These people could have personally witnessed Obama being born out of an apple pie, in the middle of a Kansas wheat field, while Toby Keith sang the National Anthem – and they’d still think he was a Kenyan Muslim.”

Now several blogs whose authors have been documenting the back and forth of the long-running dispute over Obama’s birth place, time – and subsequent eligibility to be president – confirm that Sheriff Joe Arpaio of Maricopa County, Ariz., and his special Cold Case team lead investigator Mike Zullo will be providing evidence in the arguments.

Arpaio is one of few law enforcement authorities to look into the issue, and he launched his formal Cold Case Posse investigation into Obama’s qualifications at the request of his constituents. Already, Arpaio and Zullo have confirmed that evidence shows the birth documentation released by Obama as proof of his birth in Hawaii is fraudulent.

Their investigation has continued under the radar, and now Cmdr. Charles Kerchner, who brought one of the first legal challenges against Obama during his first term, confirmed that Arizona’s officials will be assisting with evidence in the pending question before the Alabama Supreme Court.

On the site, Zullo is quoted saying, “We recently discovered new irrefutable evidence, which confirms, hands down, the document is a fraud.””

Read more:

http://www.wnd.com/2013/05/sheriff-joe-injects-new-life-into-obama-eligibility/#cK5D6lWwd2q6E11t.99