Vermont Supreme Court appeal on Obama natural born citizen status, H. Brooke Paige standing, Attorney Todd Daloz flawed arguments, Standing non issue, Constitution and duties ignored

Vermont Supreme Court appeal on Obama natural born citizen status, H. Brooke Paige standing, Attorney Todd Daloz flawed arguments, Standing non issue, Constitution and duties ignored

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

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

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

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

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

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

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

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

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

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

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

Marbury v Madison makes this clear.

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

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

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

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

Oh really?

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

US Constitution
Article II
Section 1

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

Manner of voting

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

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

Article VI of the US Constitution.

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

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

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

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

O.C.G.A. § 21-2-5 (2012)

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

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

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

Explicit or implied,

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

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

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

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

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

In fact, at least one justice questioned this.

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

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

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

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

Tenth Amendment

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

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

Quite the contrary. They are crystal clear.

§ 2603. Contest of elections

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

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

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

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

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

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

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

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

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

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

The entire proceedings can be heard here.

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

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

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

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

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

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

 

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

Here is the reason.

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

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

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

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

From WND May 5, 2013.

“Sheriff Joe injects new life into Obama eligibility”

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

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

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

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

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

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

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

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

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

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

Read more:

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

Obama update May 3, 2013, Jobs, Birth Certificate, Records, Chicago corruption court cases, Muslim Saudi ties, Benghazi, Fast & Furious, Gunrunner vs gun control

Obama update May 3, 2013, Jobs, Birth Certificate, Records, Chicago corruption court cases, Muslim Saudi ties, Benghazi, Fast & Furious, Gunrunner vs gun control

“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

“Khalid Al-Mansour was “raising money” for Obama.”
“Khalid Al-Mansour was trying to help Obama get into Harvard Law School.”…Percy Sutton

“With a 63.7% labor force participation, “conditions in the labor market are considerably worse than indicated” in July’s report”…economist Joshua Shapiro, WSJ August 3, 2012

Jobs

The (stated) unemployment rate for April is 7.5 percent.
The labor force participation rate is 63.3 percent. That is  2.8 percent lower than when Obama took office.

ADP just reported that 119,000 private sector were added in March. 150,000 were forecast.
The number of people with part time jobs is growing. A direct result of the economy and Obamacare.
Perhaps the best indicator is the fact that 20 %, 1 out of 5 Americans are on food stamps.

Birth Certificate.

A challenge to Obama being on the ballot in Alabama is scheduled to be before the Alabama Supreme Court headed by Judge Roy Moore. It is believed that the Sheriff Joe Arpaio investigation and investigator Mike Zullo will cooperate in the court case.

Records

Obama has still not released his college records.
We know that Saudi ties helped him enter Harvard. His college records should be interesting. Remember, he bowed to the saudi king.

Chicago corruption court cases

Blagojevich appeal.

It is believed that Blagojevich attorney Lauren Kaeseberg requested an extension to file an opening brief. She has not returned my email request.

FDIC vs Amrish Mahajan, et al.

This is the bank that loaned Rita Rezko the money for the lot purchase that was subsequently sold in part to the Obamas. The lawsuit is still open.

Benghazi

Whistleblowers have come forward. Obama has denied attempts to silence them.
A senior US law enforcement official stated that 3 or 4 members of al Qaeda took part in the attack.
The internal panel that probed the Benghazi attack is under investigation.

Gunrunner vs gun control

Obama may be fairing better with Project Gunrunner than he is at federal attempts at gun control.
However, several states are moving forward with legislation.

Blagojevich appeal attorney Len Goodman on Obama drone program, Drone Justice is Blind, There’s no way President Obama can fairly review each drone strike

Blagojevich appeal attorney Len Goodman on Obama drone program, Drone Justice is Blind, There’s no way President Obama can fairly review each drone strike

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

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

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

I am still awaiting word if the opening brief in the Blagojevich appeal was presented today, April 25, 2013.

Len ( Leonard) Goodman is one of the defense attorneys in the Blagojevich appeal.

From the Len Goodman attorney website.

“Biography

Leonard Goodman is a Chicago criminal defense attorney with a reputation for taking on, and winning, the most difficult cases.  Since graduating from Northwestern University School of Law in 1989, Mr. Goodman has devoted his career to the representation of persons charged with serious crimes and has been a strong advocate for the cause of justice.  He has tried criminal cases in state and federal courts throughout the Midwest.  His appellate practice is nationwide.

Mr. Goodman has the rare distinction of having won major criminal cases at every level of the state and federal court systems, including wins (obtaining the reversal of his clients’ criminal convictions) in the United States Supreme Court (drug conspiracy conviction), the Illinois Supreme Court (first degree murder), the United States Court of Appeals for the Seventh Circuit (first degree murder) and the Illinois Appellate Court (two first degree murders and one attempted murder). The appeals that he has briefed and argued have helped change the law and advance the cause of justice (See significant cases).

He has represented high-profile defendants and the indigent, all with equal vigor and has won awards for his work on behalf of the wrongfully convicted and on behalf of an Afghani man detained at Guantanamo Bay without charges or evidence of any wrongdoing.

Mr. Goodman is also an adjunct professor of Law at Depaul University where he teaches Federal Habeas Corpus.”

http://lengoodmanlawoffice.com/wp/biography/

From In These Times April 10, 2013.

“Drone Justice is Blind

There’s no way President Obama can fairly review each drone strike.

BY LEONARD C. GOODMAN

For the first time in history, the United States government has proclaimed its legal right to assassinate any person, anywhere on the globe, as long as our chief executive believes that person to be a terrorist. President Barack Obama has said that most of the people we are incinerating are “al-Qaeda suspects who are up in very tough terrain along the border between Afghanistan and Pakistan.”

Precise numbers are hard to come by, due to the secrecy under which the drone program operates. But the various groups that track drone strikes agree that since Obama took office, more than 350 strikes in Pakistan, Yemen and Somalia have killed at least 2,400 people. This means, outside of Afghanistan, U.S. drones are killing on average at least 47 people a month. If you include drone strikes in Afghanistan,the numbers are much larger.

The administration’s claim as to the legality of these strikes relies on the fiction that a rigorous review of evidence takes place before a “terrorist” is targeted. However, no matter how smart and reasonable Obama might be, he is not personally reviewing the evidence against most of the people we are killing. In fact, according to CNN, at least half of drone strike deaths have been the result of “signature strikes,” in which drone operators decide, based on visual evidence of suspicious behavior, to fire on people whose identities they don’t even know. As one government official told the New York Times, to the CIA, “three guys doing jumping jacks” looks suspiciously like a terrorist training camp.

We are told that drone killings neutralize imminent threats to America, but we need only consider the numbers to know we are being lied to. There cannot be 50 people every month who were on the verge of launching an attack on the U.S. until they were “neutralized” by a drone. We therefore must ask: To whom did each targeted person pose a threat? Were they a threat to U.S. military bases or CIA installations located within their country? Were they a threat to corporate interests located within their country? Were they a threat to the regime that governs their country and allows us to fly the drones?”

Read more:

http://inthesetimes.com/article/14835/drone_justice_is_blind/

Blagojevich appeal opening brief April 25, 2013, Or more delays?, Attorneys Goodman and Kaeseberg, What were Obama and Blagojevich discussing in 2008?

Blagojevich appeal opening brief April 25, 2013, Or more delays?, Attorneys Goodman and Kaeseberg, What were Obama and Blagojevich discussing in 2008?

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

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

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

Barack Obama has been protected from the beginning of the prosecution in “Operation Board Games” involving a host of Obama Chicago corruption cronies such as Tony Rezko, Stuart Levine and of course Rod Blagojevich.

From FBI wiretaps of Blagojevich on November 12, 2008.

“this guy is more Tony’d up than I am. …. they got the Chicago media to f…ing make me wear Rezko more. To f…ing dilute it from him”

“BLAGOJEVICH: You know, Axelrod and Obama’s people, you know, clearly turned, you know, got the Chicago media to make Rezko all about me. And hardly about…

HARRIS: Yeah, in other words, they focus their,they focus their attention on you. They couldn’t make it go away so the bes-, next best strategy is deflect it.

BLAGOJEVICH: Right.

HARRIS: This is somewhere where it, it’ll satisfy the, the hunger of the beast, being the media.

BLAGOJEVICH: Right, right.

HARRIS: Yeah, it makes sense. It’s not a stretch. If I’m, if I’m his message advisor, media advisor or whatever, operative, yeah I’m gonna try to feed the beast by giving ‘em something else to eat on.”

What were Obama and Blagojevich discussing just after the 2008 election?

And…..

“Why wasn’t Rod Blagojevich, the Governor of Illinois, wiretapped at least by 2005 when it was known in 2003 that there was widespread corruption in his administration?”

From Politico March 15, 2013.

“And next up for the former governor, Goodman said, is his case on appeal in the 7th Circuit. Blagojevich’s opening brief is due April 25, Goodman noted.

“He is hopeful that his appeal will be successful and that his conviction will be overturned,” Goodman wrote.”

“Goodman, meanwhile, said he is currently busy working his way through thousands of pages of trial transcript as he works on Blagojevich’s appeal.”

http://www.politico.com/story/2013/03/rod-blagojevich-jail-88904.html?hp=r6

From Chicago CBS local September 14, 2012.

“Attorneys Think Blagojevich’s Sentence Will Be Reversed On Appeal”

“Attorneys in the first trial of former Gov. Rod Blagojevich still keep in touch with him, and think his sentence will be reversed on appeal if the case ever gets there.

As WBBM Newsradio’s Alex Degman reports, the team of Sam Adam Jr. and his father, Sam Adam Sr., say the Blagojevich appeal is taking forever to get to court.

LISTEN: WBBM Newsradio’s Alex Degman reports
“We’re just waiting to get to the appeal,” Adam Jr. said. “I don’t know if you guys know this, that the appellate record has not been made yet. We still do not have the transcripts. It’s been two years since our trial, and a year since the second trial.”
Adam Sr. says there is a good chance the former governor will be freed if all the evidence is presented.

“The judge would not let him play his tapes… there had tapes in both trials that would have established his innocence. The judge wouldn’t let us play them,” he said.”

http://chicago.cbslocal.com/2012/09/14/attorneys-think-blagojevichs-sentence-will-be-reversed-on-appeal/

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:

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/

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

Roy S. Moore

2013 – Present

 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

2001 – Present

 Appellate Courts Supreme Court of Alabama Justice Stuart

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

2005 – Present

 Appellate Courts Supreme Court of Alabama Justice Bolin

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

2005 – Present

 Appellate Courts Supreme Court of Alabama Justice Parker

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

2007 – Present

 Appellate Courts Supreme Court of Alabama Justice Murdock

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

2009 – Present

Court of Criminal Appeals
2001 – 2009

 Appellate Courts Supreme Court of Alabama Justice Shaw

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

2011 – Present

Court of Criminal Appeals
2009 – 2011

 Appellate Courts Supreme Court of Alabama Justice Main

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

2011 – Present

Court of Criminal Appeals
2001 – 2011

 Appellate Courts Supreme Court of Alabama Justice Wise

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

2013 – Present

Court of Civil Appeals
2005 – 2013

 Appellate Courts Supreme Court of Alabama Justice Bryan

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.””

Blagojevich appeal update, One year prison anniversary, Appeal opening brief April 25, 2013, Attorneys Goodman and Kaeseberg, 7th Circuit Court of Appeals

Blagojevich appeal update, One year prison anniversary, Appeal opening brief April 25, 2013, Attorneys Goodman and Kaeseberg, 7th Circuit Court of Appeals

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

“Why did Colin Powell allow Patrick Fitzgerald to be pulled away from the Blagojevich prosecution?”…Citizen Wells

“Why wasn’t Rod Blagojevich, the Governor of Illinois, wiretapped at least by 2005 when it was known in 2003 that there was widespread corruption in his administration?”…Citizen Wells

Today, March 15, 2013 is the one year anniversary of Rod Blagojevich’s 14 year prison sentence.

From Politico March 15, 2013.

“A year in prison, Rod Blagojevich in good spirits”
“It’s been a year since Rod Blagojevich entered a federal prison in Colorado to start serving his 14-year sentence for corruption — and his attorney says while the former Illinois governor misses his family, he remains in “good spirits” and is “hopeful” the conviction will be overturned.

Blagojevich’s appellate lawyer Len Goodman — who, along with attorney Lauren Kaeseberg, is working on the appeal — told POLITICO that Blagojevich’s family visits him “as often as they can make the trip” to Englewood, a low-security facility in Littleton, Colo.”

“And next up for the former governor, Goodman said, is his case on appeal in the 7th Circuit. Blagojevich’s opening brief is due April 25, Goodman noted.

“He is hopeful that his appeal will be successful and that his conviction will be overturned,” Goodman wrote.”

“Goodman, meanwhile, said he is currently busy working his way through thousands of pages of trial transcript as he works on Blagojevich’s appeal.”

Read more:

http://www.politico.com/story/2013/03/rod-blagojevich-jail-88904.html?hp=r6

Still wondering what Obama and Blagojevich were discussing shortly before Blagojevich was arrested in 2008.

And…..

“Why wasn’t Rod Blagojevich, the Governor of Illinois, wiretapped at least by 2005 when it was known in 2003 that there was widespread corruption in his administration?”

Abdul Karim Hassan vs Federal Election Commission, March 11, 2013, U S Court of Appeals Per Curiam Order, Hassan not Natural Born Citizen

Abdul Karim Hassan vs Federal Election Commission, March 11, 2013, U S Court of Appeals Per Curiam Order, Hassan not Natural Born Citizen

“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of
Presidential eligibility remains valid.”…Hassan vs FEC

“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.”…Hassan vs FEC

“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

 

 

From the FEC March 11, 2013.

APPEALS COURT ISSUES PER CURIAM ORDER IN HASSAN v. FEC

WASHINGTON – The United States Court of Appeals for the District of Columbia Circuit today issued its Per Curiam Order inHassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Order may be found here: (http://www.fec.gov/law/litigation/hassan_ac_order2.pdf).

Background.

From Citizen Wells October 1, 2012.

“From the FEC October 1, 2012.

DISTRICT COURT ISSUES OPINION IN HASSAN v. FEC

WASHINGTON – The United States District Court for the District of Columbia on Friday issued its Memorandum Opinion and Order in Hassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Memorandum Opinion may be found here (http://www.fec.gov/law/litigation/hassan_dc_memo_opinion.pdf) and the text of the Order may be found here (http://www.fec.gov/law/litigation/hassan_dc_order2.pdf).

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

http://www.fec.gov/press/press2012/20121001_Hassan_v._FEC.shtml

Exerpts:
“Hassan’s challenge to the Fund Act rests on his contention
that the natural born citizen requirement has been implicitly
repealed by the Fifth and Fourteenth Amendments. The Court need
not repeat the thorough and persuasive opinions issued by its
colleagues in at least five other jurisdictions, all of whom
determined that the natural born citizen requirement has not
been implicitly repealed by the Fifth and Fourteenth Amendments.”

“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of
Presidential eligibility remains valid.”

“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.””

http://citizenwells.wordpress.com/2012/10/01/abdul-karim-hassan-vs-fec-ruling-october-1-2012-presidential-election-campaign-fund-act-natural-born-citizen-requirement-not-repealed-by-5th-14th-amendments/

 

 

 

Blagojevich appeal update, March 7, 2013, 10000 pages of delayed trial transcripts, 7th Circuit Court of Appeals, Later in 2013, Fitzgerald US Justice Dept. delayed prosecution

Blagojevich appeal update, March 7, 2013, 10000 pages of delayed trial transcripts, 7th Circuit Court of Appeals, Later in 2013, Fitzgerald US Justice Dept. delayed prosecution

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

“Why did Colin Powell allow Patrick Fitzgerald to be pulled away from the Blagojevich prosecution?”…Citizen Wells

“Why wasn’t Rod Blagojevich, the Governor of Illinois, wiretapped at least by 2005 when it was known in 2003 that there was widespread corruption in his administration?”…Citizen Wells

Still wondering about the continued delay in the prosecution of Rod Blagojevich, specifically the lengthy delay in his appeal?

Here is one of the reasons.

From Chicago Business March 6, 2013.

“Blagojevich attorney hopes three’s a charm”

“Will three be a charm for Chicago attorney Len Goodman?

He’s on a winning streak that he’s hoping will carry over to his next case — defending former Illinois Gov. Rod Blagojevich.”

“The next big case on the criminal defense attorney’s plate is the appeal of Mr. Blagojevich, who is in prison in Colorado following his conviction on corruption charges.

“Right now, I’m just trying to get through 10,000 pages of trial transcripts,” says Mr. Goodman, who is the nephew of Chicago financier Lester Crown.

The case likely will go before the 7th Circuit Court of Appeals later this year.”

Read more:

http://www.chicagobusiness.com/article/20130306/BLOGS03/130309878/blagojevich-attorney-hopes-threes-a-charm

Of course there are other reasons why the appeal of Blagojevich has dragged on so long.

From Citizen Wells January 30, 2013.

“Here is the rest of the story.

Patrick Fitzgerald and the US Justice Department aggressively prosecuted George Ryan.

Patrick Fitzgerald and the US Justice Department, despite the fact that they began wiretaps in late 2003 and had in depth knowledge of corruption in the Rod Blagojevich Administration by 2005 at the latest, delayed the arrest of Blagojevich until after the 2008 election. The production of transcripts required for the Blagojevich appeal were delayed for over half a year by the US Justice Department in 2012, once again delaying the appeal until after the 2012 election.

From Citizen Wells  May 27, 2012.

“Fitzgerald aggressively prosecuted Republican ex Governot of Illinois, George Ryan and unjustly went after Scooter Libby and Karl Rove. Fitzgerald waited until after the 2008 elections to arrest Governor Rod Blagojevich despite the fact that he had details of corruption in the Blagojevich Administration at least by late 2003.

Is Patrick Fitzgerald a pawn, an idiot or corrupt?

From an FBI wiretap:

“You know, Axelrod and Obama’s people, you know, clearly turned, you know, got the Chicago media to make Rezko all about me.”

Late 2003.

Earliest documented awareness by FBI and Patrick Fitzgerald of corruption in Blagojevich admin. Pamela Meyer Davis agreed to secretly record conversations involving state health planning board with an FBI wire.

December 31, 2003 NY Times.

“Mr. Fitzgerald announced that he was prosecuting former Gov. George Ryan, a Republican, in a scandal that had been swirling around long before Mr. Fitzgerald got here and that many people thought would never touch the most powerful politicians in Illinois. But there Mr. Fitzgerald was, a week before Christmas, ticking off the details of a 91-page indictment against Mr. Ryan, seemingly from memory.

That, even Mr. Fitzgerald’s former opponents in the courtroom say, is classic Fitzgerald: dogged, dispassionate and endlessly prepared.”

April 8 – May 21, 2004 (Rezko Trial March 12, 2008; 11:11 a.m.)

“FBI Special Agent Daniel Cain, the primary case agent on the investigation into Levine and Rezko, is on the stand now in testimony that is laying the foundation for entering the wiretaps into evidence.

Cain said the investigation, dubbed Operation Board Games by the federal agents, began in December 2003 and was prompted by information gleaned from an informant whom he did not identify. That witness, he said, took part in meetings with two other individuals who were in contact with Levine by phone at his home.

Cain said Levine had three phone lines in his North Shore home. Federal agents recorded conversations on those lines April 8-May 21, 2004. Those dates span the time when Levine, Rezko and others allegedly were working to rig the hospital board vote on a Mercy Health System hospital proposal for Crystal Lake and other kickback schemes prosecutors claim they were engaged in.”

May 9, 2005.

Stuart Levine indicted on corruption charges. Federal subpoena issued to Tony Rezko.
June 15, 2005.

Obama purchased home next door to Rezko for $1.65 million, $300,000 less than the asking price.
June 15, 2005.

Rita Rezko, Tony’s wife purchased plot next door for $625,000 asking price.

October 25, 2005.

The Chicago Tribune reports about a federal grand jury investigation into the alleged political hiring practices of the Blagojevich administration.

January 2006.

Rita Rezko sells the Obamas one-sixth of her lot for $104,500.

August 5, 2006.

The Chicago Tribune reports that Stuart Levine is cooperating with the federal investigation of state government.”

“December 7, 2008.

Criminal complaint of Blagojevich. Nine individuals is important. Obama helped passed a bill to reduce the number from 15 to 9.

“b. Corruption of the Planning Board”
“At the relevant time period, the Planning Board consisted of nine individuals.”

“Planning Board” (IL Health Facilities Planning Board) is mentioned 31 times.

“Rezko” is mentioned 170 times.

“Hospital” in context of Mercy Hospital mentioned 8 times.
December 9, 2008.

Blagojevich arrested

“Fitzgerald said, “We make no allegations” that Obama was aware of any alleged scheming by Blagojevich.”

February 24, 2011.

Counts 1,2,4 in the Blagojevich Indictment are dropped. This represents approx. half of the indictment and includes numerous corruption ties to Blagojevich and Obama.”

“December 7, 2011.

Rod Blagojevich sentenced to 14 years.

Colin Powell, who has continued to endorse Barack Obama, knew that Scooter Libby and Karl Rove were innocent in the Valerie Plame leak. Yet Powell did not share his knowledge with the Bush Administration and thus allowed Patrick Fitzgerald to continue to investigate and prosecute Libby and Rove.

Why did Colin Powell allow Patrick Fitzgerald to be pulled away from the Blagojevich prosecution?

http://citizenwells.wordpress.com/2013/01/30/george-ryan-released-from-prison-former-il-governor-patrick-fitzgerald-aggressively-prosecuted-ryan-blagojevich-arrest-and-appeal-delayed-past-elections/

From Citizen Wells October 26, 2012.

“FOX Chicago News has learned that Rod Blagojevich’s appeal is still having trouble getting off the ground, because of delays in producing transcripts from his two trials.

For the second time in the last four months, Lauren Kaeseberg, one of the attorney’s handling Rod Blagojevich’s appeal, has been threatened with disciplinary action because she still hasn’t provided a complete copy of the Blagojevichtrial transcripts to the appellate court.

The appellate court won’t set a briefing schedule to get the appeal moving until the transcripts are available.

As FOX Chicago reported exclusively in August, the court reporter responsible for producing the 16,000 pages of transcripts took a leave of absence for five and a half months after Blagojevich was convicted. So, the appellate court agreed to wait until September 28th for the transcripts.

But, now in October, they’re still not completed. On Monday, the court issued an order, warning Kaeseberg again that she could face monetary or disciplinary sanctions. She responded Tuesday with an explanation, saying transcripts are still missing because they were under seal, or were handled by a different court reporter and she hopes to have them soon.”

“ The court reporter, trial judge James Zagel and the appeals court all have a responsibility to produce transcripts needed for an appeal in a timely manner.”

http://citizenwells.wordpress.com/2012/10/26/corrupt-obama-justice-department-delays-blagojevich-appeal-transcripts-still-not-ready-delay-in-appeal-protects-obama-obama-still-has-a-rezko-problem/

 

Citizen Wells for years has been questioning the delayed prosecution of Rod Blagojevich with the obvious intent of protecting Obama.

Today we present a new question that will be explored further soon.

“Why wasn’t Rod Blagojevich, the Governor of Illinois, wiretapped at least by 2005 when it was known in 2003 that there was widespread corruption in his administration?”