Obama Fomenting A Constitutional Crisis: Constitutional Lawyer Discusses ...

The Bulletin, Philadelphia's Family Newspaper ^ | December 1, 2008 | John P. Connolly

[hamboy]

Obama et al.'s response to Writ of Certiorari due in Supreme Court today, December 1, 2008.

[silverleaf]

Interesting that any defendant in a federal case brought under new Obama-signed legislation could demand the birth certificate as a defense move! Brilliant.

[Lurking Libertarian]

Interesting that any defendant in a federal case brought under new Obama-signed legislation could demand the birth certificate as a defense move! Brilliant.

No way. Google "enrolled bill doctrine."

[silverleaf]

Let's assume that an Obama administration passes some of these controversial pieces of legislation he has been promising to go for, like the FOCA (Freedom of Choice) Act," said Mr. Vieira. "I would assume that some of those surely will have some severe civil or criminal penalties attached to them for violation. You are now the criminal defendant under this statute, which was passed by an Obama Congress and signed by President Obama.

Your defense is that is not a statute because Mr. Obama is not the president. You now have a right and I have never heard this challenged, to subpoena in a criminal case, anyone who has relevant evidence relating to your defenses. And you can subpoena them duces tecum, meaning 'you shall bring with you the documents.' "

Such a criminal defense would enable the defendant to subpoena any person to testify in court and any person to bring evidence in their possession to the court."

So the lawyer who stated this doesn't know what he's talking about?

[silverleaf]

That is, "[i]f a legislative document is authenticated in regular form by the appropriate officials the court treats that document as properly adopted."

So a constitutionally ineligible President would be an "appropriate official" ?

[knarf]

"Obama et al.'s response to Writ of Certiorari due in Supreme Court today, December 1, 2008."

I've been waiting, but so far ... silence.

Anyone know anything?

[Lurking Libertarian]

So the lawyer who stated this doesn't know what he's talking about?

I wouldn't say that he doesn't know what he is talking about, but Vieira is a bit of a gadfly in legal circles-- he routinely publishes pieces arguing that the Federal Reserve is unconstitutional, and other non-mainstream legal theories.

In this case, he's wrong because there is a common-law rule called the "enrolled bill doctrine," which has been followed by the U.S. Supreme Court, that says that if a bill appears in the official journals of the House and Senate, it is conclusively presumed to be a valid law, and the courts will not consider any arguments that it was not properly enacted.

[BuckeyeTexan]

"Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading, "

No kidding.

[Old Sarge]

It will probably be faxed in at 11:59PM...

[cvq3842]

Bookmarked! Thanks.

[Right Cal Gal]

What I find most telling about Obigula is the fact that the question of his place of birth and the sealing of his supposed birth certificate by Hawaii are creating uncertainty, and a feeling among many Americans that the man is not a legitimate candidate.

Well, President-elect Obligula, a man who loves his country, who cares about his fellow citizens, would have produced that Birth Certificate, if nothing else but to prove he has nothing to hide and to qualm national fears.

You have not done this. Which shows me just how much you could care less about the country OR its citizens. I hope the Supreme Court hands you your @$$ on a platter.

[Lurking Libertarian]

I've been waiting, but so far ... silence.

A response to a petition for certiorari is not mandatory. In many cases, the respondent doesn't file one, because the chance of the Supreme Court granting the Petition is so small.

[neverbluffer]

Actually, the FEd Reserve is unconstitutional

[Lurking Libertarian]

Actually, the FEd Reserve is unconstitutional

There are good arguments that it is, and Viera makes them well, but the courts have rejected those arguments consistently for over 90 years. I think they will also reject his arguments about Obama's citizenship.

[sodpoodle]

OMG!!!!

The Rule of Law replaced with Anarchy and Martial Law!!!!!!

Bill Ayers must be developing a tic waiting for this denouement.

Stranger than Orwell.

[TEXOKIE]

bttt

[Glacier Honey]

ping

[fso301]

I don't see the birth certificate being a problem for Hussein.

The issue I see is Hussein's citizenship status upon returning from Indonesia. I'm not sure how to get at that.

[TheConservativeParty]

This Obama guy is a fraud. Hello Captain Obvious! Why would he spend nearly a million dollars to halt the legal cases that seek to have him produce his US COLB, to become Constitutionally eligible to be POTUS? He has no US COLB and he is playing the waiting game, after Jan.20th he knows this problem will just fade away.

[Chode]

Further, Mr. Vieira cited a fraud ruling in a 1977 case called U.S. v. Prudden, which he feels applies in this case. "Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading," the ruling reads. "We cannot condone this shocking conduct ... If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately."

"[The birth certificate], in theory, should be there," said Mr. Vieira. "What if it isn't? Who knows, aside from Mr. Obama? Does Russian intelligence know it isn't there? Does Chinese intelligence know it isn't there? Does the CIA know that it isn't there? Who is in a position to blackmail this fellow?"

and there it is...