Lawsuit over McCain citizenship should be tossed, GOP lawyers say

Oakland Tribune ^ | August 28, 2008 | Josh Richman

[Kevmo]

Lawsuit over McCain citizenship should be tossed, GOP lawyers say

By Josh Richman Oakland Tribune

Article Launched: 08/28/2008 06:19:23 PM PDT

Lawyers for John McCain and the state and national Republican Party on Thursday asked a federal judge in San Francisco to dismiss a lawsuit challenging the candidate's place on California's Nov. 4 ballot.

Markham Robinson of Vacaville, chairman-elect of California's American Independent Party, sued McCain, the GOP and California Secretary of State Debra Bowen on Aug. 11, arguing the presidential candidate's birth 72 years ago today in the Panama Canal Zone means he's not a "natural-born citizen" — a Constitutional requirement to be president.

But lawyers for the GOP and McCain wrote Thursday that Robinson lacks standing to sue and is asking the courts to tread where the Constitution forbids.

Robinson hasn't shown McCain's candidacy causes him any harm, they said: He's neither a presidential candidate himself nor authorized to sue on behalf of his party or party nominee Alan Keyes, and stripping McCain from the ballot won't much improve the party's or Keyes' chances of winning.

If McCain were tossed, the GOP presumably would put up someone else in his place, they wrote. And even without a Republican in the race, they added, "Ambassador Keyes still would have to defeat Senator Obama in the state's general election."

Keyes ran against Obama for a U.S. Senate seat in Illinois in 2004 after Republicans drafted Keyes as a last-minute replacement for their initial nominee, Jack Ryan, who withdrew amid a sex scandal. Obama won the election with 70 percent of the vote to Keyes' 27 percent.

If that race is any guide, the GOP's lawyers dryly noted Thursday, Keyes' probability of beating Obama for president in California "seems, at best, speculative."

Anyhow, they argued, the Constitution says issues of presidential eligibility are to be decided by voters and the Electoral College and not the courts — a matter of separation of powers among the government's branches. And federal courts lack jurisdiction and cause to direct Bowen to exceed her statutory powers by questioning a party nominee's eligibility.

Robinson must file an opposing brief by Sept. 4, and U.S. District Judge William Alsup will consider the case Sept. 11.

The lawyers' brief doesn't discuss McCain's citizenship status. Federal law says anyone born in the Panama Canal Zone after Feb. 26, 1904, as a child of U.S. citizens is declared to be a U.S. citizen himself or herself. Some have questioned, however, whether this makes McCain a "natural-born citizen," a term the Constitution doesn't define any further; the federal law took effect about one year after McCain's birth, and doesn't say the person's citizenship was considered to have been acquired at birth.

McCain supporters have pointed to a 1790 law that provided that children of U.S. citizens born abroad "shall be considered as natural born citizens." Though no longer in effect, that law indicates what the founding fathers were thinking when the Constitution was drafted, those supporters contend.

The American Independents, a conservative party recently plagued by factional infighting, had 331,619 members as of May 19, comprising just over 2 percent of the state's registered voters. But there's anecdotal evidence that some voters join the party by mistake, believing they're registering as nonpartisan or "decline-to-state" voters.

Reach Josh Richman at 510-208-6428 or jrichman@bayareanewsgroup.com.

[Kevmo]

In neither case does the plaintiff have any standing to sue.
***Then who would have standing? This is a constitutional issue, going to whether a person is fraudulently representing his eligibility to be president, in Obama’s case. In McCain’s case it was probably expected to see this kind of nonsense because he went through it in 2000 & got that “sense of the senate” in his favor...

[Non-Sequitur]

***Then who would have standing? This is a constitutional issue, going to whether a person is fraudulently representing his eligibility to be president, in Obama’s case. In McCain’s case it was probably expected to see this kind of nonsense because he went through it in 2000 & got that “sense of the senate” in his favor...

Then it isn't a matter for a civil suit. In order to sue the plaintiff has to show damages. What damage did McCain's running for president cause this person?

[Kevmo]

Our voting on a person was not deemed a hiring process since the employment process happened after the vote.
***This thing really is ending up in the republicans’ hands, and they are going to wank the handoff of Berg vs. Obama & blow the whole deal.

[Kevmo]

What damage did McCain’s running for president cause this person?
***I dunno, but in the Berg vs. Obama lawsuit, it mentioned that there were $millions collected in the fraud. I answered your question, now how about answering mine — who would have standing?

[Liz]

I contacted the Department of Homeland Security to see if we could register our Republican organization for the eVerify program. Then an eligibility check could be run on people seeking public office and wanting our backing . DHS tsaid politicians don’t work for the citizens, they work for the government.

Brilliant idea----Calpernia never fails to come up with moves that protect the best interests of Americans.

Bravo Calpenia.

[Non-Sequitur]

***I dunno, but in the Berg vs. Obama lawsuit, it mentioned that there were $millions collected in the fraud. I answered your question, now how about answering mine — who would have standing?

I did answer it. Someone who suffered damages through the actions of the person they are suing. What damages did Berg himself suffer?

[Calpernia]

Nothing bravo about failure. Maybe, just maybe, the politicians will be entered in the eVerify program upon hiring? Makes sense to me; but I don’t know.

[Kevmo]

What damages did Berg himself suffer?
***I dunno. Headaches, maybe.

[Kevmo]

I’d love to see Duncan Hunter file a formal complaint about the Natural Born Citizenship status of Obama and ask for access to the birth certificate so that forensic analysis could be done.

[apocalypto]

There are questions about John Sidney McCain's citizenship and far more serious ones about B. Hussein Obama's. Both issues should be dealt with.

What a cast of characters. Empty suit Obama the Rock Star (by itself a reason not to vote for him); nasty, loony tunes John McCain; the evil-eyed Cindy (photos were posted on a FR thread which showed her with an evil stare); now Palin exposing her pregnant under-aged daughter to trashing.

This election would make blockbuster film with race, sex, adultery, money, drugs, embezzlement, amnesty, mental issues, Hillary, fears of Manchurian Candidate.

[Waco]

The founders were right. Who knows, we might get some nabob that hangs around Ayers and other commies.

[Liz]

The IDEA is important. If a first you don't succeed........

Now that it's on the internet---pressure should be applied.

We need eVerified (1) candidates (2) individuals working for them, (3) indivduals working in the US govt.

eVerify should become a natural part of the process in light of the massive infiltration of the US by agents of foreign governments.

===============================================

REFERENCE

McCain's so-called Hispanic Outreach operator---Juan Hernandez----is a dual US/Mexico citizen--who headed the Mexican "Ministry of Mexicans Living in the US."

Hernandez told Cong Tancredo "The Ministry" exists to increase the flow of Mexicans to the US-----TO SERVE Mexico’s needs including: $50 billion annual remittances to Mexico (30% of Mexico's GDP); employment for Mexico's exploding population, to alleviate Mexican social instability, and to provide job training for Mexicans THAT THEY WILL BRING BACK TO MEXICO."

Hernandez told Tancredo" "By Mexico populating the US with millions of Hispanics tied economically, politically and linguistically to Mexico, our government is able to exert enormous influence and pressure on US policy and its dealings with Mexico."

TRANSLATED INTO ENGLISH: Get ready for a massive transfer of US wealth to greedy federales in the Mexican hellhole.

===============================================

The sap-happy whining about "hopeless people" looking for a "better life" is a bunch of nonsense. Hernandez and other Third World gov't agents have infiltrated the US political system for ONE REASON: to effect a massive transfer of US wealth. Third World federales are salivating at the thought.

History shows the Huns, the Vandals, and the Barbarians used force to takeover a country to loot its resources.

Third World parasites like Hernandez conquer by co-opting the US political system---with smiles and promises of latino votes.

We need eVerify to ward off lettuce pickers in camouflage and shoulder holsters roaming our streets, shooting to kill Americans who dare to rebel against reconquista.

[Non-Sequitur]

***I dunno. Headaches, maybe.

If that were grounds for a suit then I can think of dozens of people I could take to court.

[Arthur Wildfire! March]

markomalley put to rest:

http://www.freerepublic.com/focus/news/2065437/posts?page=52#52

8 U.S.C. § 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

Please note subparagraph b.

[VigilantAmerican]

Bravo for picking up on—and laying to waste—the jurisdictional mumbo-jumbo claimed by the legal team. I fully concur as far as your analysis of THAT goes.

But sadly, as Kevmo pointed out, it IS McCAIN’s TEAM that is working(unwittingly I’m sure) against Philip Berg’s valiant and principled stand in Berg v. Obama/DNC/FEC; they should instead have this suit thrown out on OTHER more relevant grounds...like, the senate having already passed a resolution recognizing McCain as eligible for POTUS, along with an aircraft carrier-load of statutory support and obvious parentally-transmitted congenital citizenship, clear exclusive national loyalty, etc.

Berg v. Obama hinges mainly on issues of possible fraud, along with dual citizenship, divided national loyalties, and so on. Therefore, it is an entirely different animal than this laughable attempt to disqualify McCain.

What a circus this season is becoming.

[Arthur Wildfire! March]

Men in Black, Chapter 11, pages 159 to 174:

“The Court Counts the Ballots”

I have a strong suspicion that Mark Levin might have something to say about this. I hope to hear him address this tonight.

[VigilantAmerican]

No “standing” is also a silly basis for trying to have it thrown out. Kevmo’s right—if ANY given citizen can’t be said to suffer damage by having an ineligible POTUS, then who the hell WOULD be said to have standing?

As I see it—not being a lawyer myself or anything, just having listened to them debate law every day for 8 years or so—a case like this and Berg v. Obama is plainly best packaged as a CLASS ACTION on behalf of the electorate.

[Arthur Wildfire! March]

“McCain should truly be all over Obama over Obama’s fake birth certificate!”

Maybe he doesn’t want to lose his nice squeaky chew toy.

[Triple]

If they are so confident, why not argue the merits instead of a technucality?

[Arthur Wildfire! March]

My fantasy would be:
1. Obama gets trounced in an actual campaign
2. After Obama loses, the truth comes out about his BC.
3. After this election, the truth comes out about the Clintonista.