Posted on 10/06/2009 9:59:10 AM PDT by Elderberry
Not a single case has been dismissed "on a technicality". They have, so far, all been dismissed as a matter of law. Justiciability and standing are paramount matters of law in American jurisprudence. They aren't - in any way - technical elements of a particular case.
A technicality might be that the margins on your pleadings are incorrect, or are unsigned, or your service of process is unsatisfactory or incomplete. Actually, the judge in this case - Carter - has given Orly tremendous deference with respect to her technical errors - errors that would have bounced this case long ago if she had been appearing in front of other judges perhaps.
There have been a number rulings and those rulings have certainly included opinions and decisions. There hasn't been any discovery because not a single judge has ruled that any of these cases reach a level that would justify discovery. It's as simple as that.
And neither did that damn Andrew Johnson!
I haven’t had the chance to read the actual transcript and am still going on several people’s notes, but thought this worth sharing as a factual point:
Judge Carter is factually incorrect on this point:
BARNETT V OBAMA HEARING
OCTOBER 5, 2009
WAVEYDAVEY REPORT
Page 16
17 THE COURT: He was already sworn in before
18 this case ever got to my desk. You had a lack of
19 diligence. Why wait until that last day?
20 I’m going to make a finding that the opportunity
21 was lost for the Electoral College to address it. Why
22 did you wait until the last day, and until 3:00 p.m. at
23 that?
http://www.scribd.com/full/20658448?access_key=key-1t4r9c2ay6ocrb0pdv8e
Barack Obama was “sworn in” the next day, in private, at 7:35 p.m.
http://www.washingtonpost.com/wp-dyn/content/article/2009/01/21/AR2009012103685.html
http://www.bloomberg.com/apps/news?pid=20601087&sid=a8PEkkW.8rx0
Obviously, the public “swearing in” on January 20 was insufficient, or the second “swearing in” on the night of January 21 would not have taken place.
Going into the 2008 election there were grassroots conservatives all across the land who were not at all satisfied with the choices offered them. And so, they took action themselves to place their choice for President of the United States, Dr. Alan Keyes, on their own state ballots, either as a party candidate or as a qualified write-in candidate. This was a completely citizen organized and led campaign.
By the time it was over, because of their efforts, voters representing 357 electoral votes had the opportunity to cast their ballot for Alan Keyes.
Here's the final list:
Alabama – Write-in, automatic
Alaska – Write-in filed
Arizona – No
Arkansas – No
California – AIP on the ballot
Colorado – AIP on the ballot
Connecticut – No
D.C. – Write-in filed
Delaware – Write-in, automatic
Florida – AIP on the ballot
Georgia – No
Hawaii – No
Idaho – Write-in filed
Illinois – No
Indiana – No
Iowa – Write-in, automatic
Kansas – Write-in filed
Kentucky – Write-in filed
Louisiana – No
Maine – No
Maryland – Write-in filed
Massachusetts – No
Michigan – Write-in filed
Minnesota – Write-in filed
Mississippi – No
Missouri – No
Montana – No
Nebraska – Write-in filed
Nevada - No
New Hampshire – Write-in, automatic
New Jersey – Write-in, automatic
New Mexico - No
New York – Write-in filed
North Carolina – No
North Dakota – No
Ohio – Write-in filed
Oklahoma - No
Oregon – Write-in, automatic
Pennsylvania – Write-in, automatic
Rhode Island – Write-in, automatic
South Carolina - No
South Dakota – No
Tennessee – No
Texas – Write-in filed
Utah – Write-in filed
Vermont – Write-in, automatic
Virginia – Write-in filed
Washington – Write-in filed
West Virginia – No
Wisconsin – Write-in filed
Wyoming – Write-in, automatic
Total: 357
That is almost exactly two-thirds of the available electoral votes.
“These are political acts, not legal ones.”
We’ve had the soapbox, we’ve had the ballot box, and we’re coming close to the jury box being denied us. There will soon be no reasonable alternatives.
Everybody has the soapbox in a free country. It's an equal opportunity tool. We're either good enough with it to get people to pay attention or we're not. Last time I checked, conservative talk outlets weren't exactly a vanishing breed.
The ballotbox is the whole democracy thing. It's a civil compact where we're supposed to accept that sometimes we lose. We get another try soon enough.
And as Old Deck Hand has explained, no one has been denied anything in court. There's no entitlement to have court procedures and central aspects of the law ignored simply because we feel our case, unlike all the others, is just so extra special that it's a moral affront to treat us like any other plaintiff. Which, again, is what the rule of law and democracy are all about.
He may have been on enough ballots but keyes received a little over 47,000 votes nationally of which a little over 46,000 were cast in CA. Thus with that vote total nationally he couldn’t have won one state’s EC much less the 357 EC votes.
46,000 were cast in CA
S/B
40,600 were cast in CA
As I’ve now said to your crowd several times, that’s utterly irrelevant.
Here's your reasonable alternative. Some day, after all these people have been explaining to you that there never was a valid case, and every court has turned away birther lawsuits, you should finally recognize they've been saying something true that you just didn't want to hear.
Then accept that the American people made a mistake voting for Obama (not the first time that's happened), and you just need to do what you can to make sure he doesn't get a second term. That's a reasonable alternative.
However, I fear many of the birthers are going to be unwilling to face the fact that they were wrong all along. Instead, they will be screaming about the constitution being obsolete and demanding violent overthrow of the government. They will become the enemy of the constitution they accuse Obama of being.
I noticed something in your link about Obama retaking the Oath later that night. It mentions Chester Authur took it twice as well and he was found to be not be a Natural Born Citizen later on. Coincidence?????
that’s utterly irrelevant.
So keyes is doing utterly irrelevant things..... hmmmmmm.... must be some reason.
Arthur wasn’t found not to be a natural born citizen. There was suspicion he might have really been born in Canada.
Bookmark.
My god, you either ARE a lawyer or you need to be one. Your answer is one GIANT technicality.
Well, yeah. That's what some of us have been pointing out for a while. They can't go into court and demand the judge *investigate* to see if there's an infringement. They have the cart before the horse.
Your post makes no sense.
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