Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: rodguy911

I got an instant chuckle out of the squelching the Kenyan Ambassador got as soon as he stated that ‘Barack was born in Kenya, no doubt about it.’ With Raila in Kenya having an army of murderous thugs awaiting orders from him, the Ambassador must have dreaded to even accept a ‘recall’ to home.


799 posted on 12/08/2008 2:39:42 PM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
[ Post Reply | Private Reply | To 789 | View Replies ]


To: MHGinTN
I think the Supreme Court has a wide-open field to craft a remedy in this case. To grab a quote from a book blurb (here):
Equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes.
As it says in the Constition:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, ... to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States ...

And what is the fraud? Why...

Section 53. Actual Fraud

A complete definition of actual fraud is impossible. The ingenuity of man in devising methods of obtaining an unfair advantage over his fellow man is so resourceful and varied as to defeat any attempt to cover the whole field by a single definition. In general, in every case of actual fraud, there must be present those elements required in the tort action for deceit.

-- Albert H. Putney, 1908, Popular Law Library Vol 7 Equity Jurisprudence, Trusts, Equity Pleading

While it is not clear what the actual facts of Obama's birth are at this point, one thing seems clear, imo -- he acted with deceit. Politics allows a wide latitude in "just political talk" as Obama calls it. Did Obama's deceit go out of bounds of the wide field of political speech? There's the question!
822 posted on 12/08/2008 3:14:18 PM PST by bvw
[ Post Reply | Private Reply | To 799 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson