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 The board’s vote to overrule in spite of the objection having been withdrawn (on Thursday) was on Monday.
Yes, Kobach speculated, but provided no citations, to support his BELIEF that NBCs could include persons other than what was defined in Minor. He claimed he had researched the issue, but he came up with absolutely NOTHING to rebut Minor.
Kobach is a Constitutional Law Professor and an expert in immigration law (he drafted both the Arizona and Alabama immigration laws).
Right, but he still came up with NOTHING to rebut the Minor, Wong Kim Ark and Luria citations that were provided.
He wanted to contact Hawaii to get Kansas their very own verification. Which he did get.
He did this because he had no legal foundation for denying the objection and because Obama's attorneys provided absolutely NOTHING in the way of evidence. It's not his job to provide evidence on behalf of a candidate.
IMO, Montgomery bailed because he knew he was going to lose and he didnt want an adverse ruling on the record.
Wow, that's really stupid. Withdrawing the objection wouldn't prevent an adverse ruling from going on the record. It was pretty obvious that Kobach did not want to accept the ballot objection based on the types of questions he asked. But, he still provided no legal foundation for denying the objection. By law, they were supposed to make a ruling at the conclusion of the hearing. It was pretty obvious they were trying to buy time to come up with some type of CYA, which they did. What people like you don't want to admit is that the Kansas objection successfully shifted the burden of proof, execpt that it was taken up by the Objections board rather than by the candidate.
Especially from someone with Kris Kobachs credentials.
His credentials were irrelevant in this challenge. The other two members of the objection board were a lawyer and an MD. None of those three could come up with a LEGAL FOUNDATION to reject the challenge.