Category Archives: Florida

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

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

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

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

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

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

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

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

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

We have that crisis now. It will worsen.

From commenter GORDO at Citizen Wells yesterday:

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

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

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

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

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

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

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

CDR Charles Kerchner:

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

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

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

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

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

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

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

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

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

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

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

The reasons are simple.

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

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

Secretary of State duty.

From the Florida statutes.

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

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

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

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

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

US Constitution
Article II
Section 1

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

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

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

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

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

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

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

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

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

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

Ministerial defined.

Merriam Webster.

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

Legal dictionary.

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

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

This includes the US Constitution and US Code.

Furthermore.

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

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

Response from FL elected officials and judges.

From Citizen Wells February 1, 2012.

A  challenger discovered this recently.

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

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

Response from Gary Holland, Assistant General Counsel.

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

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

Read the entire response from Assistant General Counsel Holland here:

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

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

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

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

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

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

The next example is clearly more black and white.

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

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

Justice Boyd adds

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

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

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

From above:

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

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

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

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

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

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

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

Judge Carroll also states:

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

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

Judge Carroll is wrong and should be impeached!

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

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

The State election officials are not prohibited from questioning eligibility.

Even in FL, as noted above:

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

From 2 southeastern states:

NORTH CAROLINA

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

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

President 

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

GEORGIA

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

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

Electoral college vote.

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

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

Congress certifies electoral count.

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

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

AMENDMENT XX

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

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

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

AMENDMENT XXV

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

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

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

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

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

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

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

For more information and commentary visit.

http://obamaballotchallenge.com/

http://obamareleaseyourrecords.blogspot.com/

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

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

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

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

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

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

Why?

Good question.

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

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

Let’s start at the beginning.

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

US Constitution
Article II
Section 1

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

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

In Florida they take the following oath.

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

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

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

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

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

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

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

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

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

AMENDMENT X

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

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

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

Ministerial defined.

Merriam Webster.

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

Legal dictionary.

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

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

The US Constitution makes this clear.

The Secretary of State swears an oath to the Constitution.

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

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

No reasonable person is requesting that.

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

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

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

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

Passing the buck is dereliction of duty.

In Florida, the situation is much worse.

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

Why has the judicial system failed the citizens in Florida?

More details to come.

Yes Florida there is a sanity clause, Judges may be removed from office by impeachment, Judicial qualifications commission, Judge Kevin Carroll removal, Leon County circuit court

Yes Florida there is a sanity clause, Judges may be removed from office by impeachment, Judicial qualifications commission, Judge Kevin Carroll removal, Leon County circuit court

“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

Judge Kevin Carroll, a Leon County Florida Circuit Court Judge, recently dismissed an Obama eligibility case. Judge Carroll made reference to a fictional ruling on Santa Clause in the movie “Miracle on 34th Street.”

I have a Sanity Clause ruling for Judge Carroll.

Removal from office.

In Florida there are 2 ways to remove a judge:

1. On the recommendation of the judicial qualifications commission, the supreme court may discipline, retire, or remove a judge.

2. Judges may be impeached by a two-thirds vote of the house of representatives and convicted by a two-thirds vote of the senate.

From WND December 22, 2012.

“ELIGIBILITY JUDGE QUOTES FAMOUS SANTA CASE
Cites paraphrased decision in ‘Miracle on 34th Street’ in Florida Democrat’s challenge”

“A real-life Florida judge has paraphrased a statement from the fictional Judge Henry X. Harper in “Miracle on 34th Street” to justify his sudden decision to dismiss a challenge under state law to Barack Obama’s eligibility to occupy the Oval Office.

The ruling from Kevin Carroll of the Florida circuit court for Leon County dismissed the case brought on behalf of Democratic voter Michael C. Voeltz, who raised the issue of Obama’s qualifications under a state law that allows voters to challenge candidates’ eligibility.

Carroll, who had given the plaintiffs until Dec. 23 to respond to Obama’s motion to dismiss the case, changed his mind and abruptly Thursday ordered the case dismissed.

He explained that the fact the government says Obama is qualified to be president is more than enough for him.

“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world,” Carroll wrote.

“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”

It was the second time in eligibility cases that a judge appears to have abandoned legal fundamentals and simply ruled for Obama on no particular basis.

Several years ago it was Judge James Robertson in Washington who dismissed a case because, he wrote, “The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year campaign for the presidency.”

Carroll’s ruling also did not address the fact that in the movie, the judge was determining that a resident of a nursing home hired to play Santa Claus at a Macy’s store was, in fact, Santa Claus. His ‘proof” was a pile of mail addressed to Santa Claus that the post office delivered to him, confirming his identity.

Attorney Larry Klayman, representing Voeltz in the case, immediately responded with a motion for rehearing, contending that the judge “prematurely and precipitously” dismissed the complaint without a hearing as outlined under state law.

“This act also flies in the face of this court’s own order of Dec. 13, 2012, which was law of the case,” noted Klayman, founder of FreedomWatchUSA.

“This court had a statutory duty under the Florida Election laws, the Florida and U.S. Constitutions, and 3 U.S.C. Section 5, to adjudicate defendant Obama’s eligibility and his alleged fraudulent acts expeditiously, timely, and before the electors met on Dec. 17, 2012, and before the Electoral College votes on Jan. 6, 2013, Klayman explained. “Thus, this court also violated these law is dismissing the complaint summarily.”

Klayman suggested to the court its order “at a minimum creates an appearance that it simply jettisoned this case not only on the extrajudicial and non-legal premise that President Obama was president during the prior four year term, and has already performed many ‘presidential’ acts but also because this court did not want to be ‘inconvenienced’ by holding an evidentiary hearing.”

Klayman also questioned Carroll’s “off-the-cuff” remarks about a friend being appointed to a federal post by Obama as inappropriate.

He said the remarks about fictional judge Henry X. Harper in “Miracle on 34th St.” also were “inappropriate” and showed “a mindset simply to rid the court of this case.”

“This court seems to want to sidestep having to reach these serious and important matters before it,” Klayman said.

Klayman is seeking a rehearing and an evidentiary hearing in the dispute. He’s also seeking a temporary restraining order to halt the delivery of the Florida electoral votes to Obama until the court case is resolved.

He has submitted evidence by way of a sworn statement from Investigator Mike Zullo of Sheriff Joe Arpaio’s Cold Case Posse in Arizona that there probably were two crimes committed in the creation and display of Obama’s long-form birth certificate, which was released by the White House and posted online.

Zullo’s testimony is that forgery was used to create the document, and fraud was used in “presenting to the residents of Maricopa County and to the American public at large a forgery the White House represents as “proof positive” of President Obama’s” birth documentation.

Arpaio’s affidavit also was presented to the judge.

The sheriff said: “My investigators and I believe that President Obama’s long-form birth certificate is a computer-generated document, was manufactured electronically, and that it did not originate in a paper format, as claimed by the White House. … There is probable cause that the document is a forgery.”

Klayman has argued that Obama “has never established his eligibility for the presidency of the United States … the only evidence of defendant Obama’s alleged birth within the United States has come in the form of a belatedly filed electronic version of a claimed long-form birth certificate posted on the Internet.”

He told the judge that the evidence suggests, however, the document is fraudulent.

The case claims that should the judge not address the facts, the plaintiff “can never be made whole again.”

“If defendant Obama is found to be ineligible, which is likely to happen since there is no evidence … Obama was born in the United States to U.S. citizen parents, the plaintiff’s vote in the 2012 presidential election will be nullified.”

He suggested state law calls for an expedited hearing in such cases.

Carroll, however, said the state of Florida does not have jurisdiction to “determine the issue of qualification for the office of president of the United States, particularly at this late date in the process.”

His comments came after another challenge filed by Voeltz earlier this year was dismissed because the judge ruled it couldn’t be addressed until after the election.”

“Klayman said he also will be trying to go directly to the Florida Supreme Court if Carroll does not reconsider.

“It’s truly ‘remarkable’ and an affront to the rule of law and all our founding fathers and colonial America fought and risked and gave their lives for. This type of conduct by the establishment, which thinks it can do as it pleases without consequences, is why we have entered into a revolutionary state 236 years after we declared independence from the king. They will soon from We the People learn that there are consequences,” he said.

Read more:

http://www.wnd.com/2012/12/eligibility-judge-quotes-famous-santa-case/#HSid5ipo2b70BbeE.99

Judge Kevin Carroll is either biased, incompetent or insane or some combination and should be removed.

Florida’s Sanity Clause.

Florida House of Representatives.

“The Governor, Lieutenant Governor, members of the Cabinet, justices of the Supreme Court, and judges may be removed from office by impeachment. The House of Representatives has the sole power to impeach. It may do so by a two-thirds vote of the members voting. The Senate tries all impeachments, with the Chief Justice of the Florida Supreme Court presiding. A two-thirds vote of the Senate is required to convict. If convicted, the officer is removed from office.”

http://www.myfloridahouse.gov/Sections/glossary/glossary.aspx?Filter=I

Florida 2011 Court Reform.

“What the Joint Resolution Does:

House Joint Resolution 7111 proposes a Constitutional Amendment to
address reforms to Florida’s court system. The Joint Resolution passed the
Florida House with a vote of 80-38 on May 3, 2011, and later passed the
Senate with a vote of 24-11 on May 5, 2011. Among other things, the Joint
Resolution:”

“As the body responsible for judicial impeachment proceedings,
grants the Speaker of the Florida House of Representatives, at his
or her request, access to the complaint files of the Judicial
Qualifications Commission at any time. The bill requires the
complaint files be kept confidential until the information is used in
the pursuit of impeachment.”

http://www.myfloridahouse.gov/Handlers/LeagisDocumentRetriever.ashx?Leaf=housecontent/opi/Lists/Announcements/Attachments/35/OPI%20Pulse%20-%20Court%20Reform%205-23-11.pdf&Area=House

Florida Code of Judicial Conduct.

“CODE OF JUDICIAL CONDUCT
For the State of Florida
Online Version

Reports of misconduct by judges must be made to the Judicial Qualifications Commission at (850) 488-1581.

Print the Entire Code of Judicial Conduct in PDF.

The opinions of the Judicial Ethics Advisory Committee
are available on the Sixth Judicial Circuit Website.
Visit the web site to search the opinions.

Preamble

Definitions

Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary

Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge’s Activities

Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently

Canon 4. A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice

Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties

Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.

Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity”

http://www.floridasupremecourt.org/decisions/ethics/index.shtml

Mission of the Florida Judicial Branch.

“The mission of the judicial branch is to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes.

Vision of the Florida Judicial Branch
Justice in Florida will be accessible, fair, effective, responsive, and accountable.

To be accessible, the Florida justice system will be convenient, understandable, timely, and affordable to everyone.

To be fair, it will respect the dignity of every person, regardless of race, class, gender or other characteristic, apply the law appropriately to the circumstances of individual cases, and include judges and court staff that reflect the community’s diversity.

To be effective, it will uphold the law and apply rules and procedures consistently and in a timely manner, resolve cases with finality, and provide enforceable decisions.

To be responsive, it will anticipate and respond to the needs of all members of society, and provide a variety of dispute resolution methods.

To be accountable, the Florida justice system will use public resources efficiently, and in a way that the public can understand.”

http://www.flcourts.org/gen_public/mi_vi/index.shtml

Procedures for filing a complaint.

http://www.floridasupremecourt.org/pub_info/jqc.shtml

Judge Kevin Carroll Ruling.

http://www.wnd.com/files/2012/12/12CA3857.pdf

Allen West early ballot recount ordered by St. Lucie County Canvassing Board, November 16, 2012, Series of tabulation errors, Board declined absentee ballot recount

Allen West early ballot recount ordered by St. Lucie County Canvassing Board, November 16, 2012, Series of tabulation errors, Board declined absentee ballot recount

“Late last night Congressman West maintained a district wide lead of nearly 2000 votes until the St. Lucie County Supervisor of Elections “recounted” thousands of early ballots. Following that “recount” Congressman West trailed by 2,400 votes. In addition, there were numerous other disturbing irregularities reported at polls across St. Lucie County including the doors to polling places being locked when the polls closed in direct violation of Florida law, thereby preventing the public from witnessing the procedures used to tabulate results. The St. Lucie County Supervisor of Elections office clearly ignored proper rules and procedures, and the scene at the Supervisor’s office last night could only be described as complete chaos. Given the hostility and demonstrated incompetence of the St. Lucie County Supervisor of Elections, we believe it is critical that a full hand recount of the ballots take place in St. Lucie County. We will continue to fight to ensure every vote is counted properly and fairly, and accordingly we will pursue all legal means necessary.”…Allen West campaign

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

“It’s not who votes that counts, it’s who counts the votes”…Joseph Stalin

From News 7 November 16, 2012.

“Early ballot recount ordered in Allen West race”

“A county canvassing board on Friday ordered a recount of early-voting ballots in the race between U.S. Rep. Allen West and Democrat Patrick Murphy, hours after a judge declined to do the same.

The St. Lucie County Canvassing Board voted 2-to-1 late Friday in favor of the move in the 18th Congressional District contest, in which Murphy is the unofficial victor. A series of tabulation errors by the county has raised suspicion among West’s campaign and its supporters and appeared to motivate the board’s favorable vote.

It was a victory for West, delivered just after a defeat for the Republican congressman and conservative firebrand in the courtroom. But whether it will change the result in the race, in which Murphy has a lead of 1,907 votes, remained to be seen.

“There really wasn’t any basis in the law for the decision they made,” said Murphy attorney Sean Domnick. “It really doesn’t change anything. He is the representative for District 18 and he will continue to be.”

The canvassing board declined to order a recount of absentee ballots, which West’s campaign had sought. The recount — technically being referred to as a retabulation — was set for Saturday.

Earlier Friday, St. Lucie Circuit Judge Dan Vaughn sided with attorneys for Murphy, as well as those representing the county supervisor of elections and canvassing board. He agreed with arguments that he had no authority to order a recount and that West’s campaign could contest the election if they are unsatisfied with its results.

Murphy has a 50.3 percent share of the ballots, a margin of six-tenths of a percentage point that is just above the half-percentage point threshold to order a full recount. The Democrat is the winner in the eyes of the state and was in Washington this week attending House orientation.

“Their objective is not to ensure a fair and accurate accounting of all votes but simply to ensure that Mr. Murphy can continue pretending to be a congressman,” said West campaign manager Tim Edson.

West’s attorneys allege all kinds of possible malfeasance at the polls, including discrepancies between the number of people signed in at precincts and the ultimate number of votes counted. Should Murphy still hold the vote lead after the recount, it was unclear if West might offer a concession.

Counties must file certified election results with the state by noon Sunday. West can formally contest the election after that.

The race was one of the country’s most expensive House contests and one of the most closely watched.

West, 51, is a first-term tea party favorite who has made a string of headline-grabbing statements, from calling scores of congressional Democrats communists to saying President Barack Obama, Rep. Nancy Pelosi and others should “get the hell out of the United States.” Murphy, 29, is a political newcomer who portrayed West as an extremist who has done little else in Washington than stoke partisan fires.”

http://www.wsvn.com/news/articles/politics/21009081704635/

Thanks to commenter Ladyhawke.

Allen West Patrick Murphy race update, November 15, 2012, St. Lucie County Elections Supervisor Gertrude Walker flawed handling, Ballots counted twice, Ballots not counted

Allen West Patrick Murphy race update, November 15, 2012, St. Lucie County Elections Supervisor Gertrude Walker flawed handling, Ballots counted twice, Ballots not counted

“Late last night Congressman West maintained a district wide lead of nearly 2000 votes until the St. Lucie County Supervisor of Elections “recounted” thousands of early ballots. Following that “recount” Congressman West trailed by 2,400 votes. In addition, there were numerous other disturbing irregularities reported at polls across St. Lucie County including the doors to polling places being locked when the polls closed in direct violation of Florida law, thereby preventing the public from witnessing the procedures used to tabulate results. The St. Lucie County Supervisor of Elections office clearly ignored proper rules and procedures, and the scene at the Supervisor’s office last night could only be described as complete chaos. Given the hostility and demonstrated incompetence of the St. Lucie County Supervisor of Elections, we believe it is critical that a full hand recount of the ballots take place in St. Lucie County. We will continue to fight to ensure every vote is counted properly and fairly, and accordingly we will pursue all legal means necessary.”…Allen West campaign

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command. His heart sank as he thought of the enormous power arrayed against him, the ease with which any Party intellectual would overthrow him in debate, the subtle arguments which he would not be able to understand, much less answer. And yet he was in the right! They were wrong and he was right. The obvious, the silly, and the true had got to be defended. Truisms are true, hold on to that! The solid world exists, its laws do not change. Stones are hard, water is wet, objects unsupported fall towards the earth’s centre. With the feeling that he was speaking to O’Brien, and also that he was setting forth an important axiom, he wrote:

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

“It’s not who votes that counts, it’s who counts the votes”…Joseph Stalin

From the Palm Beach Post November 15, 2012.

“Editorial: Recount early votes in Patrick Murphy-Allen West race”

““I’m not perfect,” St. Lucie County Elections Supervisor Gertrude Walker said Tuesday. “Neither is my staff.” Given the events of the past week, it’s hard to disagree. Because of her office’s flawed handling of last week’s election, uncertainty hangs needlessly over Patrick Murphy’s stunning defeat of Rep. Allen West.

Ms. Walker was stating the obvious when she admitted fallibility at a news conference, as reported by TCPalm.com. But when you’re overseeing a congressional election whose margin of victory is less than 1 percent, there isn’t much room for error.

And Ms. Walker has admitted to a big error: double-counting some ballots cast during early voting and ignoring others. After partially recounting some of the early voting results on Sunday, her office discovered that it had double-counted the equivalent of 799 votes in the Murphy-West race and named the wrong winner in Fort Pierce’s mayoral race. The mayor’s race is now undergoing an automatic recount because the margin of victory was less than 0.5 percent. But the U.S. House District 18 race is in a sort of limbo, with Rep. West clamoring in court for all early votes to be recounted and Mr. Murphy calling for him to concede.

So troubling was the county’s performance that the state Division of Elections this week sent officials to inspect the results. A spokesman told TCPalm.com: “We are not aware of any counties experiencing the same issues as St. Lucie.” We endorsed Mr. Murphy, and few things would please us more than to see Rep. West’s two years in Congress fade like a bad dream. But he says he will not concede until St. Lucie County recounts all early votes, and we can see his point.

After Rep. West first raised questions about the handling of St. Lucie’s early vote, Ms. Walker and the county’s canvassing board agreed to recount all 37,000 ballots from the eight-day early voting period. But on Sunday, they changed, deciding instead to recount only about 16,000 ballots cast during the last three days. The reason: The problems that affected the West-Murphy race seemed confined only to those days. Sure enough, her office found problems. The discovery that some ballots were counted twice, and others not at all, narrowed Mr. Murphy’s lead by 535, to 1,907 — a 0.58 percent edge. Only a 0.50 percent margin can trigger an automatic recount.

After admitting such an egregious error, Ms. Walker wants the public to trust her when she says the problems were limited to those last three days of early voting. But she has given voters little reason for confidence. In an abundance of caution, St. Lucie County needs to recount all 37,000 early votes, not just the ones that Ms. Walker believes were problematic.

Although Ms. Walker is claiming in court that she can’t legally do a full recount, state law allows a county to double-check its tally if it thinks that the initial results might contain an error. Had the canvassing board gone ahead and done this Sunday for all the early voting ballots, everything might have been resolved. As it is, more than a week has passed since Election Day, and uncertainty hangs over the District 18 race. Only a full recounting of all early voting ballots can end the doubts that St. Lucie’s botched vote-tallying has raised.”

http://www.palmbeachpost.com/news/news/opinion/editorial-recount-early-votes-in-patrick-murphy-al/nS6cj/

2.3 million California ballots not yet processed, 963 ballots found in Broward County FL warehouse, Florida must have recount, Who is watching CA?

2.3 million California ballots not yet processed, 963 ballots found in Broward County FL warehouse, Florida must have recount, Who is watching CA?

“I’m here to vote because I’m standing on my religious views. I’m a Democrat but I’m voting for Romney because he believes in the same values and morals that I stand on,”...CA voter, KABC News

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command. His heart sank as he thought of the enormous power arrayed against him, the ease with which any Party intellectual would overthrow him in debate, the subtle arguments which he would not be able to understand, much less answer. And yet he was in the right! They were wrong and he was right. The obvious, the silly, and the true had got to be defended. Truisms are true, hold on to that! The solid world exists, its laws do not change. Stones are hard, water is wet, objects unsupported fall towards the earth’s centre. With the feeling that he was speaking to O’Brien, and also that he was setting forth an important axiom, he wrote:

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

“It’s not who votes that counts, it’s who counts the votes”…Joseph Stalin

As of 5:00 PM yesterday, November 13, 2012, 2,304,250 ballots had not been processed in the state of California.

Vote by Mail: 1,250,178

Provisionals: 972,147

Other: 81,925

http://www.sos.ca.gov/elections/2012-elections/nov-general/pdf/unprocessed-ballots-report.pdf

And in Florida, where voter fraud, irregularities and floating vote counts are documented, almost 1,000 ballots were found in a warehouse in Broward County.

From WSVN News November 14, 2012.

“Almost 1K ballots found in Broward elections warehouse”

“Nearly a thousand ballots that were not included in Florida’s final count have been found in a warehouse in Broward County.

Tuesday morning and into the night, there was a buzz of activity at the Voting Equipment Center in Lauderhill, a week after the general election. There was a recount going on for two commission seats that were too close to call, one in Hallandale Beach and another in Dania Beach. Workers had to count those votes manually.

Also keeping elections officials busy is the fact that 963 filled ballots were found in a warehouse. The supervisor of elections, Dr. Brenda Snipes, said this happens all the time, especially when dealing with paper ballots. Her department is not the only one to have seen more ballots added to the final number after the election, and they have until Nov. 18 to certify all the votes.

Snipes noted that it is a routine thing to look for these kind of mishaps after election night and she is just glad that they are now being tallied into that final count.

Last Tuesday, close to 800,000 people voted in Broward County, some waited in lines for four to five and sometimes six hours. Many have said the news of these ballots add to their uneasiness about how the election was run. Florida was the last state to officially announce its election results, long after President Obama was officially announced as re-elected.

Snipes said there is no reason for alarm. “I’ve run several elections here, and this election was run no different than any other,” she said. “I think the difference with this election is that there was a close race between the two presidential candidates, and there was pressure put on everyone, including our office, to get all of the votes, count, count, count, so you don’t have an opportunity to check every box that comes back because you got to get what you got in hand and get it out of there, so if the voters would rather that we kind of sit back and relax and then clean up and find ballots. Then I think they would really be very upset.”

She said that further complicating this election was a very long ballot filled with proposed amendments. Snipes has promised that her department will meet their deadline by Sunday.”

Read more:

http://www.wsvn.com/news/articles/politics/21009052826783/almost-1k-ballots-found-in-broward-elections-warehouse/#ixzz2CDYCDg4n