The lower court ruling stated, "If the Secretary of State has knowledge gained from an official source arising from the performance of duties prescribed by law, that a candidate has not met a certifying qualification...the Secretary of State should not certify the candidate." What official source has ever stated Obama was not qualified in any manner? None, that's the problem.
The lawsuit filed nine months before the election against the Alabama SOS presented evidence from an official law enforcement source that raised serious doubts about Obama’s eligibility. The SOS had a duty to act on it.
A meeting at the offices of the SOS hosted by the Deputy SOS noted that the SOS would not investigate the eligibility question even in the face of official law enforcement evidence pointing to fraud.
The SOS had a duty by law to investigate.
The SOS was derelict in this duty.
The Appeal asks that the SOS be ordered to perform duties as bound by law.
When so ordered, the SOS will be bound to perform required duties and investigate eligibility.
Based on incontrovertible legally admissible evidence that eligibility-essential documents are fraudulent, other states can and will follow with similar investigations. All such investigations will lead to the Hawii Department of Health (HDOH) and to its Director Mr. Onaka who has already been implicated in fraud.
A Federal prosecutor will be needed to investigate the HDOH but the Holder Justice Department will not participate. Hence, a Special Federal Prosecutor (SP) will need to be appointed by one or both chambers of Congress; it will fall to Boehner to appoint a SP.
Boehner as a prime member of the GOP Establishment will balk.
But the momentum of the states spurred on by Alabama will force him to appoint the SP.
Once the SP is appointed and commissioned, the first order of business will be to indict Onaka at HDOH and obtain his confession as part of a plea agreement. This establishes that fraud has occurred. To escape prison Onaka implicates Obama’s campaign people as behind the forgeries.
In any event, this becomes a 2014 midterm election issue and a national campaign issue in 2015.