Long-winded article, but I thought it was a good discussion of whose burden of proof it was -- the people's or the candidate's?
It's too bad that the author only limited his thinking to this final resort, although I do like the thinking around If the Court, instead, turns a blind eye to it, then just who will be the judge of “if the President elect shall have failed to qualify,…?”
However, what of the candidates before the election? Is waiting for a winner the only time to assess qualification? Can we not assess qualification when a candidate announces? What is the purpose of an "exploratory committee?" What is this committee exploring? To whom is it reporting the results of its exploration? Is a candidate's eligibility one of the things being explored?
What about if a candidate accepts federal funding? Is accepting federal funding when unqualified to be president a case for fraud?
What about if a candidate refuses federal funding? Does this remove the candidate from further federal scrutiny unless and until he wins? Is an unqualified candidate who accepts private donations also guilty of fraud?
Are the parties to be expected to provide proof of qualification of their candidates? What about write-in candidates or independent candidates who run without party sponsorship?
-PJ
I believe Al Gore’s immortal phrase “No controlling legal authority” comes to mind here.
None of the bodies that might exercise authority over this matter are willing to step up to the plate.
If no one is willing to enforce the law then, well, we can all ignore the law in the bright light of day.
No harm, no foul.
Obama And That Other Ponzi Scheme
President-elect’s name may emerge in Norman Hsu fraud trial
DECEMBER 31—As if being linked to one high-profile criminal case weren’t enough, President-elect Barack Obama’s name may soon pop up in another federal prosecution, this one involving a massive Ponzi scheme (no, the other massive Ponzi scheme). In addition to the Rod Blagojevich pay-for-play probe, Obama could figure in the upcoming fraud trial of Norman Hsu, the disgraced Democratic fundraiser who was charged last year with operating a $60 million pyramid scheme. According to investigators, Hsu, a major Hillary Clinton fundraiser, pressured investors to donate money to political candidates with whom he was aligned. In a letter last week to U.S. District Court Judge Victor Marrero, Hsu’s lawyer, Martin Cohen, requested a 60-day delay in the start of Hsu’s trial, scheduled to open January 12 (Cohen cited the “extraordinary level of negative publicity” generated by the recent arrest of alleged Ponzi schemer Bernard Madoff). In his December 22 letter, a copy of which you’ll find below, Cohen also noted that Hsu was already “notorious for his political activities” and that it was “inevitable” that his client’s “connections” to Bill and Hillary Clinton “and other democratic notables—including perhaps the president-elect—will be introduced at trial.” Before becoming a key fundraiser for Hillary Clinton’s presidential bid, Hsu co-hosted a 2005 California fundraiser for Obama’s political action committee and introduced the Illinois Democrat to Marc Gorenberg, a Silicon Valley venture capitalist who later joined the Obama campaign’s national finance committee. Prosecutors allege that Hsu directed his investors to donate money to specific candidates, and then reimbursed them in violation of federal campaign laws. Unswayed by Cohen’s argument, Marrero declined to delay the trial, which will begin a week before Obama’s inauguration. (6 pages)
http://www.thesmokinggun.com/archive/years/2008/1231082hsu1.html
I can’t help but believe that after this controversy began to break, lots of money and a few trips to Hawaii, 0bama has “manufactured” a suitable forgery and had it placed in the records. I believe he was born in Kenya, but like “who shot JFK?” we’ll never know for sure.
There are also 2 “Conferences” with the SCOTUS Justices scheduled for January 16 over this Obama non-citizenship issue.
http://www.rallycongress.com/constitutional-qualification/1244
It seems apparent that a presidential candidate is seeking to change the present state of affairs by wanting to become the new President. The candidate is also the one who is claiming that something exists, which in this case, is that he is a natural born citizen. Furthermore, he is also applying for a job. As such, the burden of proof rests on him.
Absolutely reasonable. How can it be otherwise except in the upside down land of Obamania???
Ya gotta invoke Polarik's Principle here:
A forgery created to prove a claim will repudiate that claim."
Once it was established that Obama created a forgery to prove his claim of being a natural-born citizen, that claim no longer had any validity. a Presidential candidate who resorts to creating a forgery to deceive the American public and to help get himself elected, should never be allowed to serve as President, regardless of whether he is, or is not, a natural-born citizen. Look at the Oath of Office a President must recite:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
How can anyone swear or affirm that he will "faithfully" execute the office of President when he is not been faithful to the truth? He is a person who who has proven by his actions that he does not have steadfast and resolute loyalty to the people and to the United States.
He has shown by his actions that he has no intention of preserving, protecting, and defending the Constitution. Has he ever said anything positive about the Constitution? What hje has said is than it is "too restrictive," and that is not a statement of someoe who will preserve and protect our Constitution.
People are not admitted to the military if they cheat on their tests or forge their transcripts. The same rules apply for every high-level job -- if lie on your job application, you will be terminated. It says so on every job application i've ever seen.
Yet, could it be that we are going to look the other way because this is the Chosen One, and rules for everyone else don't apply to him?
I don't know when or how people got it into their heads that the forgery doesn't matter anymore. The heck it does, and if we ever get to see his real birth record, how will Obama explain the discrepancies? He cannot say that he was unaware of it. He's already condoned it by his silence and by refusal to produce a real document, and not a forgery.
There is no legitimate reason for the forgery. None. I'd like for someone to give me an honest and accurate answer as to why this fraudulent act should not influence Obama's claim to the Presidency. The case cannot be made that he won the election, fair and square -- not when it required subterfuge to secure it. Not when it required a suspension of ethics and a disregard of the Constitution to secure it. Not for someone who promised to run a transparent race and administration.
Looking at the AOL poll, you will see that the cast majority of Americans believe that the birth certificate issue has merit. That question is a bit vague. What they should be asking is, "What should happen if Obama's real, original birth certificate proves that Obama intentionally created and posted a forged one instead?"
how many people will check off, "He should be allowed to become President anyway?'
Uhbama - Show us the real thing bump!
Wait everyone, **we** need star traveler to come here and read this to tell us what to think it really means.
end sarcasm
This is just sickening. I’m not going to call for civil disobedience or violence, but if Obama signs some law you know it’s going to be opposed by a group of people. What’s going to happen is that there will be a general disregard for the rule of law in this country by almost everyone, from routine traffic stops to serious crimes such as robbery or attempted murder. But people wanted change you know. Well, they’re going to get it. In spades.
ALL:
ANYONE have a link or links to any/all docs of
INCRIMMINATING OTHUGA
!!!!!IN HIS OWN WORDS!!!!!
????