Category Archives: Election update

Election update

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

Arpaio Cold Case Posse Affidavit, Obama WhiteHouse.gov alleged birth certificate, Alabama Supreme Court Obama eligibility challenge, Mike Zullo prepared and signed

Arpaio Cold Case Posse Affidavit, Obama WhiteHouse.gov alleged birth certificate, Alabama Supreme Court Obama eligibility challenge, Mike Zullo prepared and signed

“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

“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

“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 PPSimmons May 14, 2013.

“Cold Case Posse Affidavit Now Before Alabama Supreme Court”

“The Cold Case Posse affidavit - prepared and signed by lead investigator, Mike Zullo, is available HERE (doc format) or HERE (PDF format) for download. The document is exactly what is being released to the Alabama Supreme Court for the Obama citizenship and eligibility case that is before it. Sheriff Joe Arpaio of the Maricopa County Sheriff’s Office ordered his Cold Case Posse to cooperate with the Alabama Supreme Court case.

Lead investigator, Mike Zullo told PPSIMMONS News, “This affidavit is the concise stating of the facts pertinent to the Alabama case and the Obama fraud case. The affidavit is thorough and factual – backed up by over a year and half of criminal investigation. The criminal investigation was conducted through the Maricopa County Sheriff’s office and the Cold Case Posse. This is not a ‘birther’ issue. The exact location of his birth is irrelevant at this point. The fact is that right now we have a criminal fraud case emanating from the White House. Someone fabricated a fake birth certificate. Now the questions are - Who did it? and Why did they have to do it? I have a feeling that the world will soon know the answers to those and many more questions.””

“The affidavit contains over 200 specific points of investigation and information. Some of the information contained in this affidavit has never before been seen by the public. This document contains startling and hard hitting evidence verifying that the Obama long form birth certificate is 100% fraudulently fabricated and a criminally forged document.

It must be stressed that the affidavit submitted to the Alabama Supreme Court civil case by Commander Zullo does NOT contain ALL the information in the case known to the Maricopa County Sheriff’s Office. More information will be revealed as criminal prosecution events unfold in the near future.”

Read more:

http://www.ppsimmons.blogspot.com/2013/05/breaking-ppsimmons-exclusive-read-ccp.html

From the affidavit.

“44. Upon the conclusion of our expert’s examination he issued an
independent 40 page forensic report in which he verified our investigational
finding and validating conclusion in full agreement with the finds of
investigators. He concluded:

• “…based on my observations and findings, it is clear that Certificate of
Live Birth I examined is not a scan of an original paper birth certificate,
but a digitally manufactured documented created by utilizing material
from various sources.” and

• “In over 20 years of examining documentation of various types, I have
never seen a document that is so seriously questionable in so many
respects. In my opinion, the birth certificate is entirely fabricated.””

 

From Citizen Wells April 28, 2011.

The information presented below does not address whether or not the document placed on WhiteHouse.gov yesterday came from the State of Hawaii or not. I am not a document analysis specialist and the issue is not critical to evaluate the credibility of the document, Obama and the persons responsible for placing the document on WhiteHouse.gov. Those in the media and elsewhere accepting this document as a certified copy of a birth certificate to authenticate Obama’s birth in Hawaii have not done their due diligence and once again reveal the sad state of “news” in this country. The information below has a basis in fact and documentation and will no doubt befuddle many.

THE FOLLOWING TOPICS ARE ADDRESSED:

Someone(s) is lying.
Overview of WhiteHouse.gov explanation.
Document presented on WhiteHouse.gov site.
Correspondence from Perkins Coie/Obama with the State of Hawaii.
Long form certified copies of original birth certificate have been available for years.
Summary.

SOMEBODY IS LYING.

Obama? He has consistently lied to the American people about his records, his associations with criminals like Tony Rezko and about the health care bill. Obama is a liar.

Neil Abercrombie? The newly elected Governor of Hawaii suggested in an interview with the Honolulu Star Advertiser that a long-form, hospital-generated birth certificate for Barack Obama may not exist within the vital records maintained by the Hawaii Department of Health.

Tim Adams ? a elections official in Honolulu in 2008 signed an affifavit stating:

Donald Trump?

OVERVIEW OF WHITEHOUSE.GOV EXPLANATION.

“In 2008, in response to media inquiries, the President’s campaign requested his birth certificate from the state of Hawaii. The state sent the campaign the President’s birth certificate, the same legal documentation provided to all Hawaiians as proof of birth in state, and the campaign immediately posted it on the internet. That birth certificate can be seen here (PDF).”

Factual analysis: No birth certicate was ever presented by the Obama Campaign. Instead they presented a COLB, Certification of Live Birth. A COLB can be obtained in HI for someone born outside the state. It is sufficient proof for many situations, but not natural born citizen status.

“The President believed the distraction over his birth certificate wasn’t good for the country. It may have been good politics and good TV, but it was bad for the American people and distracting from the many challenges we face as a country.”

Factual analysis: If Obama is sincere, why did he not present a certified birth certificate in 2008 instead of using taxpayer dollars and resources to avoid this diversion. And where are his college records?

“Therefore, the President directed his counsel to review the legal authority for seeking access to the long form certificate and to request on that basis that the Hawaii State Department of Health make an exception to release a copy of his long form birth certificate. They granted that exception in part because of the tremendous volume of requests they had been getting. President Barack Obama’s long form birth certificate can be seen here (PDF):”

Factual analysis: This is an outright lie or Orwellian misinformation spin. Obama has always had the right by Hawaii law to obtain a certified copy of an original birth certificate if he has one. Someone acting on his behalf must get authorization.

“At a time of great consequence for this country – when we should be debating how we win the future, reduce our deficit, deal with high gas prices, and bring stability to the Middle East, Washington, DC, was once again distracted by a fake issue.  The President’s hope is that with this step, we can move on to debating the bigger issues that matter to the American people and the future of the country.”

Factual analysis: Once again, the Obama camp tries to make this appear as a waste of time, a “fake issue.” Obama created this issue and still has not proven Hawaiian birth.

DOCUMENT PRESENTED ON WHITEHOUSE.GOV SITE.

You and I have had to present a certified copy of our birth certificate that looks like this.

The document placed on WhiteHouse.gov, purported to be a certified copy, is a document created from information in a database. It is not a copy of an original birth certificate.

http://www.whitehouse.gov/sites/default/files/rss_viewer/birth-certificate-long-form.pdf

CORRESPONDENCE FROM PERKINS COIE/OBAMA WITH THE STATE OF HAWAII.

Perkins Coie represented the Obama Campaign in 2008 and going forward and Robert F. Bauer represented Obama in keeping his birth certificate, college records and other records hidden beginning with the Philip J. Berg lawsuit in 2008. Bauer was appointed White House General Counsel by Obama.

Judith L. Corley of Perkins Coie assisted Obama in procuring the document placed on WhiteHouse.gov.  Once again we are presented with a confusing scenario smelling of Orwellian spin. Ms. Corley writes on behalf of Obama requesting two certified copies of his certificate of live birth and that she is authorized to do so. Once again, per Hawaii law, and irrespective of any departmental policy, Obama is entiltled to personally request a certified copy of an original birth certificate if he has one.

Loretta J. Fuddy, Director of Health, states that she is making an exception to departmental policy to accomodate Obama. Is that due to the third party, Ms. Corley acting as a go between? Ms. Fuddy then confirms that the copies will be computer generated.

We learned today that Judith L. Corley stated “I will be coming to your offices to pick up the copies of the certificates.”

http://legaltimes.typepad.com/blt/2011/04/perkins-coie-judith-corley-got-obamas-birth-certificate.html

LONG FORM CERTIFIED COPIES OF BIRTH CERTIFICATE HAVE BEEN AVAILABLE.

Hawaii law on access to records.

“§338-18  Disclosure of records.  (a)  To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.
(b)  The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record.  The following persons shall be considered to have a direct and tangible interest in a public health statistics record:
(1)  The registrant;
(2)  The spouse of the registrant;
(3)  A parent of the registrant;
(4)  A descendant of the registrant;
(5)  A person having a common ancestor with the registrant;
(6)  A legal guardian of the registrant;
(7)  A person or agency acting on behalf of the registrant;
(8)  A personal representative of the registrant’s estate;
(9)  A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;
(10)  Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child’s natural or legal parents;
(11)  A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;
(12)  A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; and
(13)  A person who needs a death certificate for the determination of payments under a credit insurance policy.
(c)  The department may permit the use [of] the data contained in public health statistical records for research purposes only, but no identifying use thereof shall be made.
(d)  Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.
(e)  The department may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than seventy-five years prior to the current year.
(f)  Subject to this section, the department may direct its local agents to make a return upon filing of birth, death, and fetal death certificates with them, of certain data shown to federal, state, territorial, county, or municipal agencies.  Payment by these agencies for these services may be made as the department shall direct.
(g)  The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
(1)  A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;
(2)  A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;
(3)  A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;
(4)  A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or
(5)  An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes. [L 1949, c 327, §22; RL 1955, §57-21; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §2; HRS §338-18; am L 1977, c 118, §1; am L 1991, c 190, §1; am L 1997, c 305, §5; am L 2001, c 246, §2]“

The 2001 memo that has been misquoted.

The memo addresses privacy concerns which would obviously not apply to Obama or anyone else obtaining their own birth certificate. The memo obviously does not supercede Hawaii Law.

Here is an example of a certified copy of an original 1961 birth certificate from Hawaii.

SUMMARY.

The document presented on the WhiteHouse.gov site yesterday is nothing more than a COLB (Certification of Live Birth) with additional data from a computer database. It is not an original birth certificate or certified copy of one. It most certainly does not prove birth in Hawaii. It is not the certified copy of  a birth certificate like millions of Americans like you and I were required to produce.

Barack Obama is a documented liar who has no regard for the US Constitution, Rule of Law or the American People. Bartle Bull, long time Democrat and civil rights activist, described Obama as a hustler.

http://citizenwells.wordpress.com/2011/04/28/obama-long-form-birth-certificate-truth-revealed-someone-is-lying-perkins-coie-what-this-document-really-is/

Reported since then and as recently as may 6, 2013 at 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.

Thanks to commenter GORDO.

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.

Vermont Supreme Court Obama eligibility case, Obama not natural born citizen due to foreign father, H. Brooke Paige, Vattel Law of Nations cited

Vermont Supreme Court Obama eligibility case, Obama not natural born citizen due to foreign father, H. Brooke Paige, Vattel Law of Nations cited

“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

From the Burlington Free Press April 23, 2013.

“Vt. Supreme Court hears case challenging legality of Barack Obama’s run for re-election”

“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.”

Paige has contended historical papers that the framers relied on at the time the Constitution was written indicated a natural-born citizen was someone who was born of parents who were both American citizens. Obama’s father, now deceased, was a citizen of Kenya.

The argument was rejected by Washington Superior Court Judge Robert Bent in a ruling in November. Bent, in a seven-page decision, said Paige had no real proof to support his definition of the term natural-born citizen.

Paige, of the town of Washington, appealed to decision to the high court. At Tuesday’s hearing he told the justices he was not challenging Obama’s citizenship, as the so-called “birthers” group has contended.

“Don’t pay any attention to them,” he told the justices. “The birther argument is just a sheer flight of fancy.”

Obama, who was named in Paige’s original lawsuit, was not represented at Tuesday’s hearing. Paige said he was unable to get anyone to successfully serve Obama with his lawsuit, a predicament Justice John Dooley said concerned him.

“How can the court issue an order when he is not a party to the case,” Dooley asked. Paige said Obama “chose not to be present” and that copies of all of the filings in the case had been sent by registered mail to the White House.”

“As the hearing ended, Paige called out to the justices and began walking toward them as they were departing the courtroom, hoping to give each of them copies of “The Law of Nations,” the 867-page book first published in 1773 by Emer de Vattel.

Paige has claimed the framers relied on “The Law of Nations” when they inserted the term natural born citizens into the Constitution as a presidential requirement.”

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=2013304230018&nclick_check=1

The media and the Obama camp have striven to obfuscate the eligibility issue  and malign anyone questioning Obama. Therefore it comes as no surprise that Mr. Paige ( or possibly the reporter ) made several inaccurate statements.

First of all, no one is questioning Obama’s citizenship. After all, we will give that to anyone.

It is the Natural Born Citizen requirement for the presidency that is the concern. Mr. Paige accurately questions Obama’s status because he did not have 2 US citizen parents.

The other concern is Obama’s birthplace, which has not yet been proven. The Sheriff Joe Arpaio investigation is moving forward with evidence that the purported birth certificate image placed on Whitehouse.gov is fraudulent. It is believed that they will cooperate in a pending Alabama Supreme Court case.

Arpaio Obama investigator Mike Zullo, April 5, 2013, Carl Gallups radio interview, Criminal investigation moving forward, Obama birth certificate fraudulent

Arpaio Obama investigator Mike Zullo, April 5, 2013, Carl Gallups radio interview, Criminal investigation moving forward, Obama birth certificate fraudulent

“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

“Barack Obama, show me the college loans.”…Citizen Wells

“Freedom is the freedom to say that two plus two make four. If that is granted, all else follows.”…George Orwell, “1984″

Mike Zullo was interviewed and answered questions from Callers on the Carl Gallups radio show on April 5, 2013.

One of the topics that Zullo most responded to and elaborated on was the massive effort by the Obama camp to attempt to discredit anyone questioning Obama and his records. This, along with threats, is why so many “conservatives” in the media and in office shy away from joining in.

Both Mike Zullo and Carl Gallups spoke about RINOs who had backed down because of fear of ridicule or attack.

One caller mentioned John Woodman, a supposed conservative and author, who had offered to help the Arpaio investigation. Zullo echoed what was reported here about Woodman. Woodman is another example of misinformation and someone being touted as an expert when they are not.

When asked about joining forces with Orly Taitz and others Zullo reminded us that his is a criminal investigaiton, with a higher standard of evidence and could not be combined with civil cases. He used the example of the OJ Simpson trials, criminal vs civil.

From Citizen Wells September 2, 2011.

“John Woodman has written and published a book titled “Is Barack Obama’s Birth Certificate a Fraud?”.”

“The correct description and one that I have adhered to when writing about it is:

Is the image placed on WhiteHouse.gov a photostatic copy of a legitimate long form birth certificate for Obama proving birth in Hawaii?

The difference between these 2 statements is crucial in determining the truth.

Why is this important?

1. An image was placed on WhiteHouse.gov with absolutely no proof of chain of document, one that with a cursory examination is highly suspect. Even if proven to have come from the Hawaii Department of Health, it may simply be an abstract.

2. The Hawaii statutes in 1961 and today allow for a birth certificate for a non Hawaiian birth.

Mr. Woodman makes the following “hasty conclusion” or over generalization on Page 205 of his book:

“How Do The Experts Score?”

“So why do the “for’s” at this point, outnumber the against’s?”
Part of the answer is that a few of the individuals in the “for” group have experience and points of view that may not be adequate for, or not quite applicable to, the task. One is a teenager; one is mostly a business owner; another is mostly a financial specialist; one is a writer of non-technical books.

Another is a typographer working with distorted fonts.”

So business owners are incapable of analysis and drawing proper conclusions? This reminds me of the classic attitude of the left and so called intellectuals.

Mr. Woodman, I am uniquely qualified to offer my analysis.

Some of Mr. Woodman’s assertions are wrong or misleading.

From Page 207:

“Dr. Corsi has publicly promoted, either in writing or on the radio, at least twenty-three evidence-of-fraud theories that we cover in this book.
In writing and speaking about his own theories as well as those of others, he has publicly identified the following as potential indicators of fraud:

the nature of the layers
alleged editing of items on the certificate
the white halo
the duplicated characters
the date stamps
the “scanner with x-ray vision
the altered PDF posted at archiveindex.com by Doug Vogt
the supposed kerning
comparison with the “African birth” forgery
the supposed lack of text curvature
the apparent lack of a seal
the alignment of Ann Dunham Obama’s signature
the supposed existence of “hidden text”
the idea that a different document exists
the out-of-sequence birth certificate number
Paul Irey’s theory of different typefaces
the supposed misspelling of the word “THE”
the supposed “smiley face” in the signature stamp
the supposed record of the forger’s initials
the supposed lack of hospital records for Mrs. Obama
the discrepancy in Barack Obama, Sr,’s age
the allegations by Tim Adams
and the idea that Governor Abercrombie had stated that no birth certificate existed.

As we have seen, not a single one of these twenty-three alleged indicators or “proofs” that the document is a fraud or invalid really holds up under close examination..
Not one.”

Semantics! If we strictly look at only the image on WhiteHouse.gov as being tampered with, then perhaps Mr. Woodman can get away with this, although it makes me question his motives. Some of the items above are certainly open to inspection and questioning. However, if our objective is to ascertain whether or not the image represents a legitimate birth certificate, then Tim Adams affidavit and Governor Abercrombie’s statements are highly relevant. And has Mr. Woodman viewed any hospital records for Stanley and little Obama?

On page 217 Mr. Woodman states:

“Also weighing against the idea of a forgery is the fact that any conspiracy  would need to involve:

high officials in Hawaii state government (most likely, stretching across two gubernatorial administrations of both parties)

lower-level Department of Health staff.

probably at least one official from the White House

most likely some intelligence agency personnel

and Barack Obama himself.

As the number of people required for the conspiracy to work goes up, the likelihood of a successful conspiracy goes down.
Nonetheless, I will admit that it’s possible to believe that a fraud has been committed.”

Tim Adams, documented as having worked in the Honolulu elections office in 2008, has signed an affidavit stating that there was no birth certificate for Obama in Hawaii than and that it was common knowledge. Governor Abercrombie stated that he could find no birth certifcate for Obama. Only a notation.

Tim Adams and Governor Abercrombie may not relate to the image being a fraud, but they certainly do to Obama being one.

Mr. Woodman spends much of his efforts trying to debunk the layers and anomalies pointed out by others. He may be correct about some of his assertions. His explanation for most of this is a software program. By doing so, he is in fact proving that the image is not a photostatic copy.

He further compares the image to that of certified copies for the Nordyke twins. He states that they are from the same type of forms. However, the biggest difference between the 2 images is that the Nordyke twins certificates have a stamped seal and verbage that states:

“This certifies that the above is a true and correct copy of the original record on file.”

The WhiteHouse.com image has the following:

“I certify this is a true copy or abstract of the record on file in the Hawaii State Department of health.”  Alvin T. Onaki, Ph.D.

Abstract: “The term abstract is subject to different meanings, but in a legal sense, it refers to an abbreviated history of an official record

Read more:

http://citizenwells.wordpress.com/2011/09/02/john-woodman-book-is-barack-obamas-birth-certificate-a-fraud-citizen-wells-analysis-and-review-another-messenger-shooter-woodmans-motivation/

Obama alleged birth certificate on WhiteHouse.gov Arpaio investigation update April 5, 2013, MIke Zullo interview, Image not proof, Zero court worthy evidence, Abstract invalidates as proof

Obama alleged birth certificate on WhiteHouse.gov Arpaio investigation update April 5, 2013, MIke Zullo interview, Image not proof, Zero court worthy evidence, Abstract invalidates as proof

“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

“Barack Obama, show me the college loans.”…Citizen Wells

“Freedom is the freedom to say that two plus two make four. If that is granted, all else follows.”…George Orwell, “1984″

You have been lied to by Obama and most in the mainstream media, including Fox News.

You have been told repeatedly, in a manner consistent with “1984″ that Obama was born in Hawaii, that the image placed on WhiteHouse.gov by someone is a valid birth certificate and that anyone who questions Obama’s eligibility is a “birther.”

Mike Zullo, the lead investigator for Sheriff Joe Arpaio in the Obama records scrutiny, will be interviewed today about the progress. More on that below.

I am not just another blogger. I am an expert on computers and business systems. I also have a math/science background and have moved in the legal world as well.

What I am presenting here I have reported before. It is worth repeating for several good reasons.

The image placed on WhiteHouse.gov.

WhiteHouseGovBC

The verbage at the bottom is crucial.

WhiteHouseGovAbstractVerbage

The words “or abstract” will disqualify the image in a court of law as proof positive of a Hawaii birth for Obama. Why? Because per Hawaii law ( check it for yourself ) you can be born elsewhere and have your birth data recorded in Hawaii just as if you were born there.

Despite what you may have heard, Obama has not presented evidence in a court of law that he was born in Hawaii. The image above has also not been allowed as evidence in court to be challenged for authenticity.

From Birther Report April 5, 2013.

“Live Stream: Sheriff Joe’s Lead Investigator Set To Release New Obama Identity Fraud Info”

“Listen Live: Sheriff Joe Arpaio’s Lead Investigator Mike Zullo
Set To Release New Obama Identity Document Fraud Information”

Mike Zullo will appear and take calls on Carl Gallups radio show today (Friday) from 5:00 PM ET – 7:00 PM ET.”

http://obamareleaseyourrecords.blogspot.com/2013/04/audio-zullo-updates-obama-fraud-case.html

Alabama Supreme Court ruling on Obama eligibility, Attorney Larry Klayman appeal, Obama natural born citizen status questioned, AL Supreme Court all Republican, Constitution upheld?

Alabama Supreme Court ruling on Obama eligibility, Attorney Larry Klayman appeal, Obama natural born citizen status questioned, AL Supreme Court all Republican, Constitution upheld?

“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

 

Attorney Larry Klayman has filed an appeal with the Alabama Supreme Court regarding the failure of Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.

“Roy Moore was elected chief justice of the Alabama Supreme Court last November, a decade after he defied a federal order to remove a Ten Commandments monument from the state Supreme Court building.

 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.
Attorney Larry Klayman, founder of the Washington, D.C.-watch dog Judicial Watch and now head of Freedom Watch, filed the appeal Tuesday with the Alabama Supreme Court, asking for oral arguments.”
Read more:
All members of the AL Supreme Court are Republican.
Does this mean that the US Constitution will be followed and upheld?
Here is the makeup of the court.

“Founded in 1819 as provided in the state constitution, the Alabama Supreme Court is the state’s court of last resort.

Justices

The current justices of the court are:

Judge Term Appointed by Party
Chief Justice Roy Moore 2001-2003; 2013-2018 Republican
Justice Lyn Stuart 2000-2018 Republican
Justice Michael Bolin 2005-2016 Republican
Justice Tom Parker 2004-2016 Republican
Justice Glenn Murdock 2006-2018 Republican
Justice Greg Shaw 2008-2014 Republican
Justice Kelli Wise 2011-2016 Republican
Justice Tommy Bryan 2013-2018 Republican
Justice James Allen Main 2011-2018 Gov. Bob Riley Republican

Jurisdiction

The Supreme Court has jurisdiction to review the decisions reached by lower courts within the state. It is also authorized to review matters of contention where the dollar amount in question exceeds $50,000 (if no other Alabama court has jurisdiction), review cases over which no other state court has jurisdiction, and appeals from the Alabama Public Service Commission. The Supreme Court has a supervisory role over the other courts in the state and is charged with making rules governing administration, practice and procedure in all courts.”

Read more:

http://judgepedia.org/index.php/Alabama_Supreme_Court

Chief Justice

Chief Justice

Roy S. Moore

2013 – Present

Alabama Judicial System Appellate Courts Supreme Court of Alabama Chief Justice Moore

Chief Justice Roy S. Moore graduated from Etowah High School in Attalla, Alabama, in 1965, and from the U.S. Military Academy at West Point in 1969. He served in the U.S. Army as a company commander with the Military Police Corps in Vietnam. Chief Justice Moore completed his Juris Doctor degree from the University of Alabama School of Law in 1977.

During his legal career, Chief Justice Moore became the first full-time Deputy District Attorney in Etowah County, Alabama, and served in this position from 1977 until 1982. In 1984, Chief Justice Moore undertook private practice of law in Gadsden, Alabama.

In 1992, Chief Justice Moore became a judge of the Sixteenth Judicial Circuit of Alabama and served until his election as Chief Justice of the Alabama Supreme Court in 2000. In 2003, Chief Justice Moore was removed from his position by a judicial panel for refusing to remove a Ten Commandments monument that he installed in the rotunda of the Alabama Judicial Building to acknowledge the sovereignty of God.

From 2003 until 2012, Chief Justice Moore served as President of the Foundation for Moral Law in Montgomery, speaking throughout the Country and filing amicus curiae briefs regarding the United States Constitution in Federal District Courts, State Supreme Courts, U.S. Courts of Appeal and the United States Supreme Court.

Chief Justice Moore was overwhelmingly re-elected by a vote of the people of Alabama as Chief Justice in November of 2012 and took office in January of 2013.

Chief Justice Moore and his wife Kayla have four children and three grandchildren. They are members of First Baptist Church in Gallant, Alabama.

Associate Justice

Lyn Stuart , Associate Justice

Lyn Stuart

2001 – Present

Lyn Stuart is a native of Atmore, Alabama, attended public schools and graduated from Escambia County High School. She received a Bachelor of Arts degree in Sociology and Education from Auburn University with high honor in 1977 and her Juris Doctorate degree from The University of Alabama School of Law in 1980. She served as Secretary of the Student Bar Association, was a member of the John A. Campbell Moot Court Board and received the Dean’s Service Award at graduation

Upon graduation from law school Justice Stuart worked as an Assistant Attorney General for the State of Alabama under former Attorney General Charles Graddick. She also served as Executive Assistant to the Commissioner and Special Assistant Attorney General for the State Department of Corrections. Upon moving to Baldwin County, she became an Assistant District Attorney for Baldwin County on the staff of District Attorney David Whetstone.

In 1988, she was elected District Judge, and was re-elected in 1994. Governor Fob James appointed Justice Stuart to the Circuit bench in January 1997. She was elected, without opposition, to a six year term in 1998.

Justice Stuart was invited and served as a Faculty Advisor at the National Judicial College in Reno, Nevada. She is a past president of the Alabama Council of Juvenile and Family Court Judges. She has served as a national speaker for the National Council of Juvenile and Family Court Judges, training judges and other professionals on the handling of child abuse and neglect cases. She served as President of the Blue Ridge Institute for Juvenile and Family Court Judges in 2002.

Justice Stuart and her husband, George, have two sons, Tucker and Shepard, and a daughter, Kelly. She is a member and past president of several civic organizations: the Heritage Junior Women’s Club, the Bay Minette Kiwanis Club; and the Jubilee Woman’s Club. She serves on the Board of Directors of the Alabama Federation of Women’s Clubs. Lyn and George are members of the First United Methodist Church of Bay Minette, where Lyn has served as a member of the Administrative Board and the Board of Trustees, and teaches a young adult Sunday School class.

Associate Justice

Michael F. Bolin , Associate Justice

Michael F. Bolin

2005 – Present

Michael F. Bolin was born in, and a lifetime resident of, Jefferson County, Alabama. He attended elementary school in Birmingham, being accepted into the first magnet school for scholastic achievement. He then attended Homewood Junior High School, and graduated from Shades Valley High School in 1966 as a member of the National Honor Society. In 1970, he received his B.S. in Business Administration from Samford University. In 1973, he received his J.D. from Cumberland School of Law, graduating cum laude. At Cumberland, he was on the Dean’s List and served as Associate Editor of the Cumberland-Samford Law Review. He was later inducted into Curia Honors, Cumberland’s leadership and honor society.

Justice Bolin was a practicing attorney in Birmingham from 1973 through 1988, when he was elected as Probate Judge of Jefferson County. He was re-elected to that position in 1994 and 2000. He served in that position until his election to the Alabama Supreme Court in 2004, and began serving as an Associate Justice in January 2005.

Justice Bolin was active in the Alabama Probate Judges Association, serving as chairman of various association committees. He was elected by his peers as President, Secretary, and Treasurer of the Probate Judges Association. He served on the Children’s Code Committee, Probate Procedures Committee, Adoption Committee, and Paternity Committee of the Alabama Law Institute. He authored the Putative Father Registry law in Alabama, which protects the rights of all parties in adoption proceedings. He received the national award from the “Angels of Adoption” organization in Washington, D.C. in 2000 for his service to adoptive families. He additionally served as Chief Election Official, Chairman of the Alabama Electronic Voting Committee, and as Vice Chairman of the Governor’s Commission on Consolidation, Efficiency, and Funding in 2003. He is a member of the Vestavia-Hoover Kiwanis Club.

Justice Bolin and his wife, Rosemary, have one daughter, Leigh Anne. They attend St. Peter the Apostle Church in Hoover.

Associate Justice


Tom Parker , Associate Justice

Tom Parker

2005 – Present

Justice Tom Parker was first elected to the Alabama Supreme Court in 2004 and then re-elected in 2010.

He previously was the Deputy Administrative Director of Courts, where he served as General Counsel for the Alabama court system, advising trial court judges, and as the Director of the Alabama Judicial College, providing training for new judges and continuing legal education for all the trial judges in Alabama.  He also served as the Legal Adviser to the Chief Justice.

Parker graduated cum laude from Dartmouth College, in Hanover, New Hampshire, and received his Juris Doctorate from Vanderbilt University School of Law, in Nashville, Tennessee.  He won a Rotary International Fellowship to study law at the University of Sao Paulo School of Law, in Sao Paulo, Brazil, where he was the first foreign student in Brazil’s most prestigious law school.

Justice Parker served in the Alabama Attorney General’s Office under then Alabama Attorneys General Jeff Sessions and Bill Pryor.  As an Assistant Attorney General, he handled death penalty cases, criminal appeals, and constitutional litigation.  He has extensive experience in writing appellate briefs and with oral arguments before the Supreme Court and the Court of Criminal Appeals.  Previously, he was a partner in Parker & Kotouc, P.C., a Montgomery law firm that handled many high-profile constitutional cases.

Tom Parker was founding Executive Director of the Alabama Family Alliance (now the Alabama Policy Institute) and, later, the founding Executive Director for the Alabama Family Advocates, which were state organizations associated with Dr. James Dobson and Focus on the Family.  He lobbied for family values in the Alabama Legislature.  Parker has appeared on Focus on the Family, with Dr. James Dobson, The 700 Club, with Dr. Pat Robertson, the McNeil-Leher News Hour, For the Record, and numerous radio programs around the country.

Justice Parker is a Montgomery native — the son of the late Tommy Parker and Gloria Parker Pennington, and the step-son of the late Harry L. Pennington of Huntsville.  He was elected Student Body President at Montgomery’s Sidney Lanier High School and Speaker of the House of both YMCA Youth Legislature and Boys’ State.

Justice Parker and his wife, the former Dottie James of Auburn, have been married for 31 years. Dottie served as Supervisor of the Alabama Governor’s Mansion during the administration of Alabama Governor Fob James.  They are members of Frazer Memorial United Methodist Church.

Associate Justice

Glenn Murdock , Associate Justice

Glenn Murdock

2007 – Present

Glenn Murdock was born in Enterprise, Alabama, on June 25, 1956. He is the oldest of three children of Billy A. Murdock and the late Marita Huey Murdock.

After graduating from Enterprise High School in 1974, Justice Murdock attended The University of Alabama, where he served as Student Government Vice President. He graduated Phi Beta Kappa and summa cum laude in 1978, with a Bachelor of Arts degree in Political Science and Economics. He received his Juris Doctorate degree in 1981 from the University of Virginia Law School.

Upon returning to Alabama, Justice Murdock served for a year as a law clerk to the late Clarence W. Allgood, United District Judge for the Northern District of Alabama. Thereafter, he engaged in private practice, emphasizing commercial, constitutional, and election law. He also served as in-house counsel to a national corporation and as a State Administrative Law Judge. His practice included cases before the state and federal courts of Alabama, as well as the Eleventh Circuit Court of Appeals. In 1994 and 1995, he served as an attorney to The Honorable Perry O. Hooper, Sr., in the successful year-long federal court litigation to establish the lawful winner of the 1994 Alabama Chief Justice election.

In 2000, Justice Murdock was elected to the Alabama Court of Civil Appeals, where he served from January 2001 to January 2007. He was elected to the Alabama Supreme Court in 2006 and began serving on that Court in January 2007.

Justice Murdock has been married for 30 years to the former Margaret Gilchrist of Hartselle, Alabama. They have three children and they are active members of Covenant Presbyterian Church of Birmingham. Justice Murdock is a member of the Rotary Club of Birmingham and the Birmingham and American Bar Associations.

Associate Justice

Greg Shaw , Associate Justice

Greg Shaw

2009 – Present
Court of Criminal Appeals
2001 – 2009

Justice James Gregory “Greg” Shaw, the son of James Hubert and Ruth Cooper Shaw, was born in 1957 and raised in Birmingham, where he graduated from Banks High School. The Shaw family roots extend into neighboring Shelby County, where his father, a retired businessman and a long-time member of the KeyMasters Gospel Quartet, was born and raised. To this day, the Shaw family name in Alabama is synonymous with great gospel singing.

Justice Shaw graduated from Auburn University in 1979, receiving a B.S. degree with a major in Chemistry. He is married to S. Samantha “Sam” Shaw, the daughter of June Daly Slimp and the late William M. Slimp of Homewood. Justice Shaw met Sam while at Auburn, and they married in August 1980, just before Justice Shaw’s second year of law school. Sam was elected Alabama’s State Auditor in 2006.

In 1982, Justice Shaw graduated in the top 10% of his class from Samford University’s Cumberland School of Law. While at Cumberland, he received the American Jurisprudence Award for excellence in the study of evidence under Professor Charles Gamble, the author of the preeminent evidence treatise in Alabama.

After his admission to the Alabama State Bar in 1982, Justice Shaw worked with a small law firm in St. Clair County. He later started his own general law practice in Birmingham. In the fall of 1984, Justice Shaw joined the staff of Supreme Court Associate Justice Janie L. Shores and moved to Montgomery. After serving as Justice Shores’s staff attorney for one year, he joined the staff of Supreme Court Associate Justice James Gorman Houston, Jr., in the fall of 1985, where he served as Justice Houston’s senior staff attorney for over 15 years. Justice Shaw was elected to the Alabama Court of Criminal Appeals in 2000 and was reelected to that Court in 2006. On March 16, 2007, Justice Shaw was appointed Chief Judge of the Alabama Court of the Judiciary. Justice Shaw served on both the Alabama Court of Criminal Appeals and the Alabama Court of the Judiciary until January 20, 2009, when, after being elected in 2008, he assumed the office of Associate Justice of the Supreme Court of Alabama.

Justice Shaw completed the Master of Laws Program at the University of Virginia School of Law in 2004, receiving the degree of Master of Laws (LL.M.) in the Judicial Process. He graduated with 30 other state and federal judges selected nationwide and he is one of only 3 judges from Alabama to participate in the program. Justice Shaw is an Honorary Master of the Bench of the Hugh Maddox Inn of Court in Montgomery, and the Alabama State Bar’s Committee on Archives and History.

Justice and Mrs. Shaw have two sons. Gregory is a Captain in the United States Army. Captain Shaw graduated from the United States Military Academy at West Point in 2007 with a degree in engineering. Christopher, “CJ,” graduated in May 2009 from Georgia Tech with an honors degree in Mechanical Engineering. Justice Shaw and Sam live in Montgomery, where they are members of Frazer Memorial United Methodist Church.

Associate Justice

James Allen Main, Judge

James Allen Main

2011 – Present
Court of Criminal Appeals
2009 – 2011

James Allen (Jim) Main currently serves as a Justice on the Supreme Court of Alabama having previously served as a Judge on the Alabama Court of Criminal Appeals. He also served as Director of Finance for the State of Alabama. The Finance Director is the Chief Financial Officer (CFO) of the state, as well as policy advisor to the Governor.

Prior to becoming Finance Director in 2004, Judge Main served as Senior Counsel to Gov. Riley and Chief of Staff and Legal Advisor to Gov. Fob James. Other public service includes terms as Anniston City Attorney, Lineville City Judge and City Attorney for Oxford, Alabama.

Judge Main was in private law practice in Anniston (beginning in 1972) and Montgomery (beginning in 1989). During the 30+ years of active practice of law, he was counsel in numerous precedent-setting cases before the Alabama Supreme Court and the United States Supreme Court.

Judge Main is a member of a number of professional organizations including the Alabama Bar Association where he is a founding Fellow of the Alabama Law Foundation, past-President of the American Pharmacists Association, past-President of the Alabama Pharmacy Association, past-Chairman of the Dean’s Counsel for the Auburn School of Pharmacy, a past member of the Alabama Commission on Higher Education and a science and technology fellow of the Advanced Science and Technology Adjudication (ASTAR). He is actively involved in his local church and has served as Sunday school teacher, deacon and short-term missionary.

Judge Main has received numerous awards, including the Parke Davis Leadership Award; the Bowl of Hygeia, the most widely recognized international symbol for the profession of pharmacy today; the Distinguished Alumnus Award from Auburn University School of Pharmacy; the President’s Award from the American Society of Pharmacy and Law; and member of Alabama Healthcare Hall of Fame Class of 2012. He has long served on various local and state boards and commissions and was named Outstanding Young Man of Anniston in 1975 for his contribution to the community.

He has been married to Gale for 46 years, is the father of Jay Main, Saxon Main and Ashley Parker and the proud grandfather of Mary Katherine, Mac, McLeod, Tom and Walker.

Judge Main received a bachelor of science (B.S.) degree in pharmacy from Auburn University and a juris doctorate (JD) degree from the University of Alabama.

Associate Justice

Alisa Kelli Wise, Presiding Judge

Alisa Kelli Wise

2011 – Present
Court of Criminal Appeals
2001 – 2011

Justice A. Kelli Wise, the daughter of Colonel Bobby W. Wise and the late Betty Mathis Wise, was born in Geneva, Alabama and raised in Dale and Autauga County.

Judge Wise, a graduate of Prattville High School, received a B.S. in Biology, with a minor in Nursing, from Auburn University in 1985 and a Juris Doctorate from Jones School of Law in 1994. She earned a Master of Public Administration from Auburn University Montgomery in 2000 and was named the 2005 Outstanding Graduate by the AUM Department of Political Science and Public Administration. Recently, Justice Wise was named as one of AUM’s Top 40 in 40 during the University’s 40th Anniversary Celebration.

During her legal career, Justice Wise worked in the Governor’s Legislative Office (James Administration), served as legal counsel for ProStaff HRM, Inc. and was associated with the law firms of John Taber & Associates and Pittman, Pittman, Carwie & Fuquay. Prior to her election to the bench, she served as a staff attorney on the Court of Criminal Appeals and the Alabama Supreme Court. Justice Wise was first elected to the Alabama Court of Criminal Appeals in 2000 becoming the youngest woman elected to sit on an Alabama Appellate Court. She was re-elected to the court in 2006 and became Presiding Judge of the Court of Criminal Appeals in 2008. While on the bench Judge Wise has written and reviewed over 20,000 cases including key appellate decisions that ultimately helped to protect victims and strengthened Alabama’s criminal laws. Justice Wise was elected to the Alabama Supreme Court in 2010 where she received the highest vote of any contested statewide candidate.

Committed to helping at-risk children, Justice Wise was appointed by Governor Bob Riley to serve on the Alabama Council on Juvenile Justice and Delinquency Prevention in 2003 and reappointed in 2006. She is involved in several civic, charitable and professional organizations including the Alabama State Bar Association, The Alabama Wildlife Federation, The Montgomery Symphony League and the Capital City Republican Women. Justice Wise currently serves on the Alabama Law Institute Criminal Code committee tasked with helping to re-write the Alabama Criminal Code, and the Advisory Committee on Criminal Procedure. In addition, Justice Wise is active in the Montgomery Junior League and serves on the board of directors for the Family Sunshine Center, Distinguished Young Women of Alabama and Max Credit Union.

Judge Wise and her husband Arthur Ray, a former Montgomery County District Court Judge, are the proud parents of Hanah-Mathis, a fifth grader at St. James School. They are active members of St. James United Methodist Church.

Justice

Tommy Bryan, Justice

Tommy Bryan

2013 – Present
Court of Civil Appeals
2005 – 2013

Tommy Elias Bryan was raised on a family farm in Crenshaw County, Alabama, where his parents taught him the values of faith, family, and hard work. He is the son of Margie Spivey Bryan and the late Elias Daniel Bryan.

A 1974 graduate of Brantley High School, Justice Bryan continued his education at Troy State University, where he received Bachelor of Science and Master of Science degrees in education. In 1983, he graduated from Jones School of Law. After graduating from law school, Justice Bryan served as a staff attorney for the Alabama Court of Criminal Appeals.

In 1987, Justice Bryan became an assistant attorney general for the State of Alabama, serving as an associate general counsel for Alabama’s environmental department. In this position he gained valuable experience in defending and interpreting highly technical and scientific regulations and standards, as well as drafting administrative orders and reviewing legislation pertaining to environmental issues.

In 2004, Justice Bryan successfully campaigned for a seat on the Alabama Court of Civil Appeals and was sworn into office as a Judge on that court in January 2005. Justice Bryan was victorious in his own reelection effort to the Court of Civil Appeals in November 2010. In 2012, Justice Bryan was elected to the Alabama Supreme Court. Also, in 2012, Justice Bryan was named “Judge of the Year” by the Family Law Section of the Alabama State Bar.

Justice Bryan is a member of the Alabama Bar Association, where he serves as a member of the Environmental Law and Appellate Practice Sections, and he has served as vice chairman of the Quality of Life Committee. He is also a member of the Montgomery County Bar Association. He has been admitted to practice before the United States Supreme Court and the United States Courts of Appeals for the Eleventh Circuit and the District of Columbia.

Justice Bryan is married to the former Pamela Mizzell from Tuscaloosa, and they have two children, a daughter, Thomason, and a son, Tucker. The Bryan family attends Montgomery’s First Baptist Church. Justice Bryan is a Deacon there and sings in the sanctuary choir. He also teaches a young-married-adult Sunday School class.

http://judicial.alabama.gov/supreme.cfm


Obama eligibility appeal filed in Judge Roy Moore’s Alabama Supreme Court, Attorney Larry Klayman, Secretary of State Beth Chapman failed to verify, Moore expressed doubts about Obama

Obama eligibility appeal filed in Judge Roy Moore’s Alabama Supreme Court, Attorney Larry Klayman, Secretary of State Beth Chapman failed to verify, Moore expressed doubts about 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

“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

“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

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.
Roy Moore was elected chief justice of the Alabama Supreme Court last November, a decade after he defied a federal order to remove a Ten Commandments monument from the state Supreme Court building.
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.
Attorney Larry Klayman, founder of the Washington, D.C.-watch dog Judicial Watch and now head of Freedom Watch, filed the appeal Tuesday with the Alabama Supreme Court, asking for oral arguments.
“We are hopeful that Chief Justice Moore and the rest of the jurists on the Alabama Supreme Court will follow the law,” Klayman told WND.
Klayman says he and his team “have great respect for Chief Justice Moore and his integrity and legal acumen.”
“He is one courageous and brave man. There are few in this country.”
The case is an appeal of a dismissal by the Montgomery Circuit Court.
In his brief, Klayman says “credible evidence and information from an official source” was presented to Chapman before the election indicating Obama might not have been qualified for Oval Office.
The complaint argues Chapman failed her constitutional duty as secretary of state to verify the eligibility of candidates.
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.
‘Affirmative duty’
Klayman asserts the secretary of state “has an affirmative duty that stems from her oath of office under both the U.S. and Alabama Constitutions, to protect the citizens from fraud and other misconduct by candidates.”
As a result of her refusal to investigate the qualifications of candidates for president, Klayman says, “a person believed to be unqualified for that office has been elected.”
The remedy, he said, “is to require each candidate to do what every teenager is required to do to get a learner’s permit.”
“It is to produce a bona fide birth certificate … and the Secretary of State is the official to cause that to happen.”
McInnish is a member of the Madison County Republican Executive Committee and also sits on the state Republican Executive Committee.
Citing the investigation of Maricopa County, Ariz., Sheriff Joe Arpaio’s Cold Case Posse, Klayman says Chapman “gained knowledge from an official source that there was probable cause to believe the Barack Obama had not met a certifying qualification.”
The appeal brief notes McInnish visited the secretary of state’s office Feb. 2, 2012, and spoke with the deputy secretary of state, Emily Thompson, in Chapman’s absence.
Thompson, the brief says, “represented that her office would not investigate the legitimacy of any candidate, thus violating her duties under the U.S. and Alabama Constitutions.”
As WND reported, Arpaio and his team concluded that Obama’s long-form birth certificate was a computer-generated forgery.
Klayman, in a previous brief, argued the secretary of state, “having the power to certify candidates, can surely de-certify – in effect disqualify – them if they are found to be ineligible.”
In his new appeal, Klayman points, as an example, to California Secretary of State Debra Bowen’s rejection of Petra Lindsay on the 2012 California primary ballot because she was 27 years old. The U.S. Constitution requires the president to be at least 35.
In his conclusion, Klayman argues the fact that the election is over does not make the case moot.
“It would be paradoxical beyond measure if the real and grave question of the legitimacy of the de facto President, a question which lies at the very heart of our American Constitutional Government, were left unresolved for want of the simplest of documents, a birth certificate.”
If either a bona fide birth certificate is produced or an admission is made that it does not exist, he writes, “this most important of legal questions will have been answered, the purity of Alabama’s ballot maintained, and the anxiety of Alabama citizens stilled.”
If the issue is not resolved, he said, citizens will be left with the impression “that their government was dysfunctional and has ignored their real concerns.
‘Certain documentation’
In an earlier step in the case one year ago, before a panel of Alabama Supreme Court justices, one justice raised doubts about Obama’s eligibility.
The justices denied a petition filed by McInnish seeking to require Obama submit an original birth certificate before he could be placed on the state’s 2012 ballot.
Justice Tom Parker filed a special, unpublished concurrence in the case arguing that McInnish’s charges of “forgery” were legitimate cause for concern.
“Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Barack Hussein Obama that have been made public.”
The “certain documentation” is the findings of Arpaio’s investigation.
“The Alabama Constitution implies that this court is without jurisdiction over McInnish’s original petition,” Parker explained. “The office of the secretary of state of Alabama is not a ‘court of inferior jurisdiction’ that this court may control through the issuance of a writ in response to a petition.”
Now, however, the case is coming from a lower court.
‘Obama violated the Constitution’
Moore told WND in an interview after his election last November that the country must return to a standard in which the rule of law prevails over politics.
He said Obama violated the Constitution when he bombed Libya, because the Constitution stipulates only Congress shall declare war.
“No president has the power to violate constitutional restraints of power,” Moore said.
“The Constitution is the rule of law, and [my job is] to uphold the rule of law.”
Government’s job, Moore said, is to secure and protect those rights.
“There is little regard for the Constitution in the courts today, even the U.S. Supreme Court.””