Posted on 08/12/2009 5:52:07 PM PDT by pissant
TAMPA, Fla. – An American soldier questioning the eligibility of President Barack Obama to hold office has had his latest legal challenge dismissed "as frivolous and wholly without merit."
The Aug. 6 ruling by U.S. District Judge Richard A. Lazzara came less than two hours after motions were filed by Maj. Stefan Cook, a member of the U.S. Army Reserve who is seeking a firm determination whether the commander in chief of the Armed Forces is a "natural born citizen," a constitutional requirement for those holding the presidency.
"There was no reasoning, no nothing," said Maj. Cook, who noted previous legal decisions in his case included three or four pages of legal explanations.
"It's ridiculous. They're not even saying why it's frivolous and without merit. You can say that to anything with no justification or reason. That's crap. So much for jurisprudence in this country."
(Excerpt) Read more at wnd.com ...
Oh, be still my beating heart: looks like Obama just found his next nominee to the Supreme Court.
I sure do hope Lazzara has a “compelling” personal narrative.
obumpa
I don’t understand.
What do you mean?
If the marriage was in Kenya, it may very well have been official, since polygamy is legal there, and AFAIK, was legal in 1961 when it was a British Colony, but under a fair amount of local rule. I don't think it was in Kenya, nor do I know if it occurred at all, but since Stanley Ann's whereabouts from late December of '60 until late August of '61, are pretty much "unknown", it's possible.
However if BHO was born a bastard, and outside the US, then he was a citizen at birth under the law that existed at the time. Not natural born, but a citizen. But if SA and BHO Sr were married and the birth was outside the US, he wasn't a citizen at birth, and unless later naturalized, is an illegal alien, occuppying the White House.
That's one lawsuit behind. This one was the one seeking damages for Major Cook's loss of his job, directed by the judge in that former case. (That is the district court in GA no longer had jurisdiction, so they were directed to take their case to Florida, where Major Cook lives and his civilian job was located.)
A person doesn't have standing in a case concerning their release from their job?
Had he sued his company alone over the, then he most likely would have. But his primary focus of his suit is still Obama's qualifications for the presidency.
The fact that he and Taitz made a number of procedural errors in filing the suit didn't help matters either.
Florida is an employment-at-will state so Cook cannot sue for wrongful termination. At any rate, that would be in a state court, not a federal court. So Orly was doubly wrong.
Surprise, surprise.
FYI
ALERT ALERT: Breaking technicality found.
The website http://www.therightsideoflife.com/?p=1703 has a document, with Barack Obama’s signature on it, that purports to be a “Presidential Preference Election Candidate Nomination Paper” required in Arizona by A.R.S. § 16-242. The significant thing about this is that it is completely invalid. The notarization of Obama’s signature was made by a Virginia notary and as such is subject to Va. Code 47.1-16 (effective July 1, 2007). The Virginia law requires that: “Every notarization shall include the date upon which the notarial act was performed, and the COUNTY or CITY IN WHICH it was performed.” Violation number two occurred when Ray Anderson, Notary failed to note when his own authority to notarize documents expired. The Virginia law requires that requires it with the word “shall” is stated here, “Upon every writing which is the subject of a notarial act, the notary shall, after his certificate, state the date of the expiration of his commission.” Obama may try to seek safe harbor from any criminal fraud allegation on account of “swearing that he is qualified to hold the office he sought” that such document was invalid and thus could not be used as evidence against him. This is just one piece of evidence applicable to the state of Arizona. Obama inc. may well have bungled the other 57 states requirements on candidate eligibility. In the worst case scenario for Obama, the invalid candidate attestation invalidates the amount of Arizona electoral college votes which in turn invalidates the 2008 Joint Session of Congress certifying electoral votes.
This is a very technical application of the rules but we should not apologize for applying the law when Obama never apologized for his own hardball tactics where he used the rule book to win his first race for Illinois state Senate against Alice Palmer. See http://www.cnn.com/2008/POLITICS/05/29/obamas.first.campaign/index.html . I also suggest that any discovery questions relating to this “notary issue” is fair game when standing is based upon 3 U.S.C. § 15. As has been said, possibly multiple provisions were not properly followed on January 8, 2009 when the votes for Obama were counted. And the district court therefore does have jurisdiction to review a failure of the Government to follow the laws enacted to protect the integrity of the electoral process.
Therefore, upon the Leo Donofrio, basis: since the DOJ raised the statute and relied upon it for the motion to dismiss, and since Judge Carter has allowed immediate discovery necessary for purposes of opposing the motion to dismiss, Orly should also demand discovery for any issue related to the invalidity of each individual state presidential eligibility documents. Apparently, the Arizona documents are invalid because they require a valid Notary endorsement, which Obama failed to provide.
(Note this argument fails if the Arizona document was merely cropped and the original actually contains the location of the notarial act and identifies the commission expiration date.)
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