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]

I did a search on the excerpt/copyright list and didn't find Oakland Tribune.

I had heard that a similar lawsuit against McCain had been dismissed. One would think that the lawyers for McCain would have a field day over the evidence for the birth certificate forgery in Obama's camp.

Here is the key paragraph, perhaps holding the McCain team back a little bit: 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.

[johnthebaptistmoore]

What a joke of a competition for POTUS when even questions about where both McCain and Obama are born and presidential eligibility because of this are in question! McCain should truly be all over Obama over Obama’s fake birth certificate!

[Military family member]

There is a similar lawsuit filed against BO.

Berg v. Obama

[Kevmo]

That’s why I wonder why the McCain camp isn’t all over this. They could get a lot of mileage from it.

“Hey, we released our paper copy of John’s BC, where’s Obama’s?”

[Kevmo]

Another Certifigate thread for your ping lists

[hsalaw]

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.

Slightly off topic, but very funny. Are these the same voters who couldn't figure out which hole to punch in the 2000 Florida ballot?

[johnthebaptistmoore]

Alan Keyes truly isn’t Presidential material, not after losing elections to a variety of political offices nine times in a row! Alan is a decent speaker and a decent writer, but he would truly be lousy as POTUS, IMHO. Alan Keyes and Newt Gingrich are somewhat in the same boat where they are terrific in both writing and speaking, but they are truly lousy in executive positions. Alan Keyes also truly has the additional weakness of being nutty, and I truly hope that Newt Gingrich doesn’t follow suit.

[Kevmo]

This is in California, not Florida. The voters in Kahleeforneeya are much smarter, they’re just nuts, that’s all.

[4woodenboats]

No wonder uh O has such an identity crisis - being born in 3 hospitals on two different continents tends to throw a chap off balance.

We should honor his requests for pity posthaste, and make him as comfortable as possible - quickly now, someone fetch him some lemonade, a cucumber sandwich, and a maiden with a fan to keep the flies off his face...

[PistolPaknMama]

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.

My take on this is that the High Court of Fruits and Nuts (Kalifornia) is laying the groundwork for Obama's case to also be thrown out. I would like to know where in the Constitution it states that presidential eligibility is a matter for the voters to decide.

Also, since when are the voters and EC a branch of government whose powers need to be separated? There are four branches of government now?

It IS the Court's powers to interpret the Constitution, and they are claiming it's not. It is certainly within their powers to decide a Constitutional question...they do it every day of every week. If Obama gets the popular vote, then he must be eligible. If McCain doesn't get the popular vote, then he must not be eligible. What a crock.

[Kevmo]

My take on this is that the High Court of Fruits and Nuts (Kalifornia) is laying the groundwork for Obama’s case to also be thrown out. I would like to know where in the Constitution it states that presidential eligibility is a matter for the voters to decide.
***Actually, from what I read of the article, it is McCain’s Lawyers who are arguing that it’s the Electoral College who decides. Bad move.

[ari-freedom]

[Calpernia]

>>>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.

Is there any truth to this statement or was this just written for this argument?

Because, if this is true, than isn’t the department of health and vital statistics obligated to release Obama’s birth certificate in that FOIA that that blogger submitted?

Also, I had contacted the Department of Homeland Security a few weeks ago 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. I was told by DHS that politicians don’t work for the citizens, they worked for the government.

Any thoughts?

[Calpernia]

Take a peak at my post 13. Any thoughts?

[Calpernia]

bump

[Kevmo]

I was told by DHS that politicians don’t work for the citizens, they worked for the government.
***I would expect DHS to backtrack on that statement, whoever told it to you would withdraw it in a heartbeat if their boss, their boss’s boss, and some reporters were present. That’s the weakpoint, so I would strike there.

[Calpernia]

In fairness to the phone conversation I had, my question seemed to have been given a little bit of weight. I went up to 3 people and ended up on a conference call with multiple people before that response was settled on.

Our voting on a person was not deemed a hiring process since the employment process happened after the vote.

[patj]

This looks like every campaign that Obama has been in. He always tries to get rid of the competition by getting them thrown off the ballot. SOP

[Calpernia]

::I don’t agree on 17; but just clarifying the conversation::

[Non-Sequitur]

This bogus lawsuit against McCain should be tossed for the same reason that the suit against Obama in Philadelphia should be tossed. In neither case does the plaintiff have any standing to sue. And I’d like to see the judge in both instances make the plaintiffs pay compensation for the costs.