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Judge in Obama citizenship lawsuit orders man who sued to pay Democratic Party's lawyer, court fees
The Birmingham News ^ | 17 Jan 2012 | Eric Velasco

Posted on 01/17/2012 3:59:13 PM PST by bushpilot1

The Jefferson County judge who dismissed a Luverne man's lawsuit to block President Obama from Alabama ballots today also ordered him to pay the state Democratic Party's court costs and lawyer fees within 45 days.

Lawyers for Mark Kennedy, the state party chairman, sought the sanctions in a motion his lawyers filed last week filed last week in the suit filed by Harold Sorensen.

But one of the lawyers said during a hearing today that party officials would not try to collect if Sorensen does not file any similar lawsuits during the 2012 election cycle.

"The Democratic Party has no desire to chase after a retired military man to collect," Barry Ragsdale, one of Kennedy's lawyers, told Circuit Judge Helen Shores Lee.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: al; birther; naturalborncitizen; obama
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To: sergeantdave

That wasn’t the question, and it was also Hamilton’s point as to WHY the power of constitutional review lies in the judiciary and not with the other branches.

In any event, I am not sure as to what you mean by “turn the situation” around. Are you seriously taking the position that this guy shouldn’t have been sanctioned?


41 posted on 01/17/2012 5:23:40 PM PST by Publius Valerius
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To: EagleUSA

Yeah for black America. She isn’t fit for the job.


42 posted on 01/17/2012 5:29:46 PM PST by Carry me back
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To: chris37

Since they are Democrats, they should not mind being paid off in Confederate money.


43 posted on 01/17/2012 5:40:39 PM PST by reg45 (I'm not angry that Lincoln freed the slaves. I'm angry that Franklin Roosevelt bought them back.)
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To: Publius Valerius

“That wasn’t the question...”

You don’t get to define “the question.”

We’re talking about the power of the court. Remember?

Refute my contention that the House has the power to reign in the court, always, at any time and whenever the House wants to, according to the Constitution.


44 posted on 01/17/2012 5:43:48 PM PST by sergeantdave
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To: TLI

That’s the judge?


45 posted on 01/17/2012 6:16:40 PM PST by TribalPrincess2U (NOT VOTING gets 0bamao re-elected.)
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To: TribalPrincess2U

As Debbie Blabbermouth Schultz said...Who needs the voters? We’ve got the courts!


46 posted on 01/17/2012 6:24:11 PM PST by MMinOH
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To: TribalPrincess2U

As Debbie Blabbermouth Schultz said...Who needs the voters? We’ve got the courts!


47 posted on 01/17/2012 6:24:15 PM PST by MMinOH
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To: Brown Deer
She got her law degree at "Cumberland School of Law at Samford and Son University (J.D. - 1987)"

Fixed it.

48 posted on 01/17/2012 6:28:11 PM PST by JewishRighter (Anybody but Hussein)
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To: Publius Valerius
Are you seriously taking the position that this guy shouldn’t have been sanctioned?

Sanctioned for excercising his rights as a United States Citizen? Really, are you serious?
49 posted on 01/17/2012 6:52:05 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer
She has been married to Robert M. Lee, Sr., for forty-seven years.

Well, it's a good thing she didn't marry Robert E. Lee.

50 posted on 01/17/2012 7:09:01 PM PST by Cicero (Marcus Tullius)
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To: Jacquerie
Take the issue to where the Constitution places it, the State legislatures.

She also explained how she tried to fire a gun at harassing white kids when she was young. But for her father deflecting the gun as she fired, she might never have been a judge.

She was a social worker in the DHS before she was a judge. You will not find a more biased or liberal Judge in that state i'll wager. It doesn't matter what the law or truth is, she was not going to allow anyone to challenge her "barack."

51 posted on 01/17/2012 7:21:10 PM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: Red Steel
Federal judge gives former Jefferson County Commissioner Shelia Smoot more time to respond to contempt motion


Judge Helen Shores Lee, right, swears in Jefferson County Commissioner Shelia Smoot in 2006.
52 posted on 01/17/2012 7:24:42 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Publius Valerius
Sure they did. Check out Federalist 78. Hamilton is pretty clear that the courts were the branch in which that power was vested.

Hamilton was not the only founder, nor is Federalist 78 part of the Constitution. I will point out that both Andrew Jackson and Abraham Lincoln IGNORED the rulings of the Supreme Court.

53 posted on 01/17/2012 7:24:58 PM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: NonValueAdded
WHO DOES??? One of the main reasons I am a birther (or more accurately, a NBC'er). EVERYONE DUCKS THE ISSUE and as far as I am concerned, that is more than enough smoke to deduce there is fire.

Alabama has this strange law that says unless a court has a specific statutory function on an election issue, that it has no jurisdiction in elections. As for primary ballots, those are supposed to be administered by the judge of probate, followed by the state executive committee ... HOWEVER, under a contested nomination, the executive committee is supposed to go to the circuit court for holding a hearing. The court then has the function of issuing subpoenas to witnesses and ordering the production of legal documents. Evidently Judge Helen either didn't understand this function or she thought it was too soon in the process for her to step in. IIUC, some of the elections rules changes were made around 2006 ... about the time Obama was starting to run for president. Coincidence?? Perhaps. But this doesn't have to be over. There are still plenty of challenges that can be filed in Alabama.

BTW, there is definitely a law in Alabama that requires the candidate to be legally qualified for office. If the judge of probate is giving the legal precedent of Minor v. Happersett's NBC definition, there's not a compelling legal precedent for the judge to qualify that ballot. Any freepers in Alabama need to jump on this. Start reviewing your state elections laws so you know the process.

54 posted on 01/17/2012 7:28:38 PM PST by edge919
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To: edge919

Just to add to my previous comment, you can bet your house that Judge Helen, along with the Democrat party chairman and his lawyer, would suddenly insist that she has the proper jurisdiction, if the judge of probate or the executive committee excluded Obama from the primary ballot or general election ballot.


55 posted on 01/17/2012 7:37:35 PM PST by edge919
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To: edge919

From what you’re saying, is ther merit to an appeal?


56 posted on 01/17/2012 7:39:10 PM PST by STJPII
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To: STJPII

No, actually I’m saying there’s no need to appeal at this point. The focus needs to be on contesting Obama’s inclusion on the primary ballot with the judge of probate instead of the circuit court. If that judge fails to keep Obama off the ballot as the law requires, then it can be contested with the state executive committee. At some point, the executive committee is supposed to contact the circuit court to hold the hearings. If not, then you should be able to either file a complaint with the Secretary of State or in a civil court for denying your rights to a hearing under the law.


57 posted on 01/17/2012 7:45:47 PM PST by edge919
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To: mlo

Lt Col Lakin inquired.

Major Stefan Cook inquired.

Pamela Barnett inquired.

All of us have inquired. What did we get in return? Spit in our face, a boot in the butt, and the words, “None of your business” (my paraphrase).

The same return the colonists got. Their response is what created this nation, through a lot of blood, sweat, and tears.

If this judge and others like her fail to learn from history, they will be doomed to repeat it.


58 posted on 01/17/2012 8:26:28 PM PST by butterdezillion
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To: tet68
"Unspoken: 'Unless of course he decides to buck the party again, then we’ll take everything he has.'"

And your little dog, too!


59 posted on 01/18/2012 2:08:12 AM PST by Flotsam_Jetsome ("Obama" Eligibility: Don't let 'em (continue to) get away with it.)
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To: butterdezillion

It’s a shame we couldn’t just run a born dual citizen in the republican primary and then have him DQ’d. That would force the issue into play.

Romney is qualified, but maybe getting him into court to prove would open it up.


60 posted on 01/18/2012 5:06:46 AM PST by PA-RIVER
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