Posted on 05/28/2013 2:08:52 AM PDT by Cold Case Posse Supporter
From: Bill Montgomery To: Brian Reilly Sent: Wednesday, September 26, 2012 8:30 AM Subject: Website Submission
Dear Mr. Reilly,
Thank you for taking the time to write and for the concerns you have expressed. There are a couple of points of analysis, though, in determining whether a criminal charge can be filed, regardless of the charge or who the suspect might be. The first is whether I have jurisdiction over the case. That requires that some conduct had to have occurred in Maricopa County for me to have jurisdiction. From the Sheriffs Office investigation into suspect documents produced by the White House to date, that investigation has not revealed any evidence that conduct occurred in Maricopa County. I have discussed this with the Sheriff. As for any issues regarding qualifications or information provided regarding the Presidential Election itself, that is a statewide election. Under Arizona law, the Secretary of State and the Attorney General have jurisdiction over statewide elections. I do not.
I will share with you, as well, that the criminal statute you cited in your message requires additional evidence that the MCSO investigation to date has not uncovered. Specifically, we would need evidence to affirmatively prove that Mr. Obama is not a US citizen. To date, there has been evidence presented leading to speculation that documents have been forged and other documents do not exist. That alone, though, is not sufficient evidence to present to a grand jury and actually have a reasonable likelihood of conviction. I cannot speak for other prosecutors at the state level around the rest of the country or for prosecutors at the federal level but Arizonas ethics rules do not permit prosecutors to file a charge they can only hope to be able to prove beyond a reasonable doubt....
(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...
Thanks for proving me right. Notice your source says “somewhat clumsily disposed” ... I just explained that once the objection was withdrawn, they had NOTHING to legally rule on. All the objections board was close business for the board. Under the law, they were supposed to either deny or accept the objection at the end of the first meeting, but they had NO LEGAL SUPPORT for denying the objection. Let that sink in.
The bottom line is that there were fifty 2012 election ballot challenges heard in 22 states plus the District of Columbia and in none of them was Obama declared to be ineligible, including Kansas.
The Kansas Objections Board, composed of three Republican Elected Officials issued a ruling anyway: “overruled.” And that is what I posted.
TOPEKA The State Objections Board brought the issue of President Barack Obamas eligibility to be on Kansas ballots to a swift end Monday morning.
After accepting several records related to Obamas birth in Hawaii, Mark Dugan, Lt. Gov. Jeff Colyers chief of staff, moved to OVERRULE the objection and close the boards meeting.
The boards UNANIMOUS VOTE brings an end to an objection raised by Manhattan resident Joe Montgomery, who said Obama shouldnt be on Kansas ballots and isnt qualified to be president because his parents were not both born in the United States.
But the boards move got tripped up momentarily when Orly Taitz, a Californian who is a leader in the so-called birther movement, pressed the board to take more time to review the documents, suggesting forgery on behalf of Obama.
Secretary of State Kris Kobach deflected her complaints, saying the board has no jurisdiction to deal with the issue at this point. Kobach said the time to file objections has passed.
http://obamareleaseyourrecords.blogspot.com/2012/09/kansas-board-votes-that-obama-can-stay.html
Well, sten, “liberal guards” ain’t far from the truth.
In my community, all administration law enforcement people (clerks) and judicial employees are members of SEIU, a communist dominated union and major support group of BHO2.
H’mm — do you think that is true for all judicial clerks across the nation?
Recall that Montgomery withdrew his objection claiming he received threatening phone calls.
Under Arizona law, the state trusts the parties to qualify their own candidates. No one in the state has a responsibility to investigate. So when the democrats say Obama is eligible, the state official has to take their word.
I do recall but the Kansas Objections Board voted on the eligibilty challenge anyway; that’s why it’s listed. Orly Taitz picked up where Mr. Montgomery left off.
IRS dupe who resigned sure went to the WH a lot, and he appears to be a three dollar bill too.
“and he appears to be a three dollar bill too.”
...which may be exactly why he was invited to the White House so often...
The clever wordsmith K Bunk is an Air Force type. I’m not sure that he would be found out on the briny deep where the swabbies hang out.
So, what do you think this guy's take on the whole thing is...?
Reginald was an actual WH resident? Didn't know that.
Verna Lee wasn’t a notary. She was the Hawaii Department of Health Registrar.
A challenge to President Obamas eligibility to appear on the Kansas ballot officially ended on Monday after a state board adjourned without ruling because the objection had been withdrawn last week.
No, the objection was withdrawn because of animosity and intimidation directed at people who were not involved in the objection.
Kobach read a note from Hawaii that said Obamas birth certificate is the real deal. And he explained that Montgomery had withdrawn and that the board didnt have jurisdiction to rule on the issue.
So the board moved to accept the documents and adjourn.
link
What section of Kansas law required the Election Board to make a decision on the same day that the objection was heard?
K.S.A. 25-308 Nominations; validity; filing; objections; proceeding to compel or restrain election officers. - doesn’t give a time frame for a decision.
“The clever wordsmith K Bunk is an Air Force type. Im not sure that he would be found out on the briny deep where the swabbies hang out.”
This will come as quite a surprise to the old sea dog KB.
Otoh, you called him a “clever wordsmith”, so all is likely to be forgiven.
I don’t think that any section REQUIRES that action. The three members of the board voted unanimously that they had enough information to act and then to adjourn.
Here’s one audience member’s account of the proceeding. While I can’t confirm its accuracy, it does lay out a logical flow of events from an eyewitness perspective.
“I called the SoS office early to confirm date and location; the gentleman gave me that info and then started to lecture (the meeting is open to the public, but we are not anticipating that the public will be able to speak ). I reassured him that I knew how to behave, but it sounded like they were anticipating trouble.
The venue was the same as Thursday. At 9:30, a handful of protesters were outside Memorial Hall; three had signs (Occupy the Hood, Happy Birthday Occupy, Kris and Jee, stop the ish stop hating) and the remainder were mostly wearing Obama/Biden tees or hats. The setup in the auditorium was pretty much the same except no witness table at all. At 9:45 there were only a couple of cameramen talking about how few people and press had arrived, plus maybe two others already in their seats, but others started trickling in, and there were eventually 35-40 in the audience. Some I recognized as staffers, some reporters, some in Obama/Biden garb; there were none who appeared to be Taitz supporters, and Montgomery was NOT there.
Taitz entered at 9:56 and went straight to the front to introduce herself. John Campbell of the Atty Genl’s office asked her if she was admitted in Kansas; she said something about trying to get herself in, and she would be a witness [sorry, I didn’t catch everything here]. Campbell said, No, no, no, there are rules. They briefly discussed, and she went over to introduce herself to Kobach before taking a seat front and center.
Kobach called meeting to order at 9:59, introducing Mark Dugan as stand-in for the Lt Governor and Campbell as stand-in for the Atty Genl. He briefly recounted Thursdays meeting and what the motion there had been. After that meeting, staff contacted Hawaii, Arizona, and the federal court in Mississippi as requested, and all three responded.
Dugan then moved that the responsive documents be admitted into evidence, the objection was overruled, and the meeting adjourned. Kobach seemed taken aback, and wanted to read something into record first. Brief discussion of whether they needed separate motions for each point. Taitz requested to speak. She was ignored, and Kobach read from paragraph 3 of Hawaii’s response: the information on the COLB posted at whitehouse.gov matched the records on file in Honolulu. Taitz requested to speak. She was ignored, and Kobach recounted that Montgomery had notified their office at 1:02 pm Friday that he was withdrawing his objection effective immediately. Therefore, at this point the board was without jurisdiction. Dugan asked if they needed to formally accept his withdrawal; Kobach said no, theyd never done that before. Taitz requested to speak. She was allowed, but just as she started Dugan interrupted to ask if this was in order, and Campbell called point of order. Kobach did allow her to speak: this was matter of national security, forged documents, shed submitted additional evidence already, Montgomery had withdrawn under duress so that made it invalid. Kobach said the board had no authority to allow others to continue a withdrawn objection. There were multiple rounds of the two of them talking over top of each other: Taitz said the board had 10 days to consider qualifications, Obama using stolen SSN, Connecticut, forged selective service. Kobach repeated the board didnt have jurisdiction, there were 3 days, not ten, and those days were up on 9/11. If Orly had wanted to, she could have filed her own objection, even as out-of-state resident, but she didnt do so. She demanded he read the statute 25-208; a staffer eventually read it, noting that Obamas filing was not a petition or declaration, and this wasnt a state office, so the statute didnt apply. Kobach repeated she could have filed, and if she had the board would have listened, but she didnt. Her objection was not timely now. Taitz repeated about withdrawal under duress; Kobach said nobody had provided the board evidence of duress; Taitz was free to pursue this in court. The board had been very gracious in allowing her to speak, but they had no jurisdiction and no statutory authority to accept a new objection. On 2nd by Campbell, the motion to enter the Hawaiian documents and adjourn the meeting carried, and it was over at 10:10.”
Here is the transcript.
SoS Kobach didn’t buy the two citizen parent theory. SoS Kobach told Montgomery that he had misread the Minor decision and that there are only two types of citizens born and naturalized (no 14th amendment citizen). Kobach is a Constitutional Law Professor and an expert in immigration law (he drafted both the Arizona and Alabama immigration laws). He wanted to contact Hawaii to get Kansas their very own verification. Which he did get.
IMO, Montgomery bailed because he knew he was going to lose and he didn’t want an adverse ruling on the record. Especially from someone with Kris Kobach’s credentials.
My understanding is that there were two meetings. There was an initial hearing on Thursday that Mr. Montgomery attended, then there was a follow up meeting on the next Monday which Mr. Montgomery did not attend. The board’s vote to overrule in spite of the objection having been withdrawn (on Thursday) was on Monday.
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