Posted on 01/19/2012 7:23:55 AM PST by Seizethecarp
Barack Obama has outlined a defense strategy for a multitude of state-level challenges to his candidacy on the 2012 presidential ballot in a Georgia case that is scheduled to come before a judge later this month – simply explain that states have nothing to do with the eligibility of presidential candidates.
“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argues in a motion to quash a subpoena for him to appear at the hearings Jan. 26.
“The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant,” the lawyer said.
Hearing have been scheduled for that date for three separate issues to be handled. They all are raised by Georgia residents who are challenging Obama’s name on the 2012 ballot for various reasons, which they are allowed to do under state law.
It is states, usually through the office of secretary of state, that run elections, not the federal government. The national election is simply a compilation of the results of the individual elections within states.
(Excerpt) Read more at wnd.com ...
In the end, it may come down to him having to admit that SOMEONE OTHER THAN Barack Hussein Obama Sr., and could be Frank Marshall Davis, or some other black “partner” to the white woman.
________________________________________________________
Even if he took a DNA test and proved that the facts are other than the fairytale story he would have a legal problem of enormous magnitude.
The SAD/BHO divorce was the anchor to this. It would have to legally be undone to at least start to sort this out.
Imagine the Obama lawyers then asking Hawaii to ‘unseal’ records to show that the accepted story is untrue. That is an interesting image. “Your honor, ignore all our previous attempts to keep these records hidden. We now NEED them to make are case. Can you unseal them?”
"Hey Betty White, show your birth certificate!"
"Hey Georgia, I'm too busy to show my birth certificate!"
The DNA truth of paternity does not override legal marriage or lack thereof in well-established legal precedent, that being that the child born during a legal marriage is the legal child of the husband regardless of the DNA.
All over this nation ex-husbands are paying child support for children born to their legal wives even after DNA or evidence shows that the child is not their biological child.
The same with citizenship. DNA does not override the marriage status of the parents. Look at all of the biological children of US servicemen and tourists born to foreign mothers on foreign soil. They do not become US citizens based on DNA.
So if there is no legal UK marriage in HI, BHO Sr. does not transmit UK citizenship to Barry and if there is no legal US marriage to BHO Sr. Barry only has the unitary citizenship of his mother and is NOT the legal child of an alien and not subject to dual sovereignty.
I have read every word Leo Donofrio has written on NBC and agree with it all except that his premise is that there is a legal US and UK marriage between BHO Sr and Stanley Ann, which I regard as an assumption of “facts not in evidence.”
On the other hand Obama's failure to produce a genuine certified BC in a court of law and his "release" of what appears to be a forgery points to a non-US birth.
-media made clown.
So an illegal candidate gets elected to an office illegally but the fact that people were ignorant enough to vote for the idiot makes it ok?? Ok enough to do it again??
WTF???!!!!!
What kind of logic is THAT BS??? If this is the best Oblidiot has then he is in a whole world of hurt.
WOO HOO!
His birth documents only reiterate that Obama was born BRITISH. he did not have two parents who were citizens, he is NOT constitutionally qualified for POTUS.
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.” Minor v. Happersett, 88 U.S. 162, 168.”
It really is just this cut and dried. The Birth Certificate has ONLY ever been a Red Herring, distracting from Obama’s admission that he was born under the jurisdiction of Great Britain with the British Nationality Act of 1948.
Because his birth documents prove he didn’t have two parents who were citizens. he isn’t an NBC because his father was not only an alien and a transient, but he was never even domiciled here (which gives special legal status as an American NATIONAL, though not a citizen unless he went through the Naturalization process). Oblidiot doesn’t want to turn over his red herring.
As long as people are talking about the stupid birth certificate they aren’t talking about Minor v. Happersett 1875 which is the SCOTUS case which states clearly that Obama is NOT a Natural Born Citizen through its clear and concise definition of Natural Born Citizen. Minor is STILL the law of the land. Thank goodness that one of the three lawyers with cases in this hearing KNOWS this and cites Minor. The ONLY way the Judge could ignore THAT is if he decides to overturn Minor, which would get the case to SCOTUS pretty quick.
And none of that was known what Barry Jr. was born. There is a legal decree of Divorce. That means there was a legal marriage. We have to go with what is officially recorded until such time as those legal records are retroactively updated but further legal action.
So at this point, Barry Sr.’s women problems are irrelevant.
Why would number 5 matter? If he is NATURALIZED, he isn’t an NBC.
It is Minor v Happersett which will decide this case. And Minor is unequivocal. If Maliki overturns Minor, current LAW as decided by SCOTUS, then the case will go to SCOTUS.
It is a lose lose for Obama. Showing up at the hearing at all is a death knell for his illegal administration and we will be rid of Kagan and Sotomayor.
God bless you Beckwith!!!
That person (Squeeky Fromm) is an Obot. Quote her very very carefully.
*shrug* even a broken clock.....
The NBC conversation in Minor is dicta. Minor v Happersett is only about the Privilege and Immunities Clause and state’s rights to set rules for registering voters.
Leo Donofrio is mak’n stuff up to distract from the eligibility of Obama.
The two birth certifications from HI (long and short) appear to be forged and Obama is actively evading placing either of them into evidence in any court...displaying consciousness by him and his legal team that they are flawed in some critical way related to eligibility.
Therefore the claim by Leo Donofrio and others that Obama is not NBC “assumes facts not in evidence” and therefore I “object.”
In other words, there is no evidence submitted to court that Obama’s father is BHO Sr. so no constitutional assessment of Obama’s NBC status can be made by a court...yet!
Even if there were a forensically authenticated 1961 HI birth certificate showing BHO Sr to be the name of Barry's father on his USA BC, this would not bind the UK under the 1948 BNA to recognize Barry as a UK subject if BHO Sr was committing bigamy.
Ask yourself whether this current SCOTUS would strip Obama of his presidency if at the end of all submission of evidence BHO Sr was proved to be a bigamist and the UK declined to declare Barry to have been a UK subject at birth. I say that would not happen. I do not believe that this SCOTUS would apply Minor v. Happersett to Barry if Barry was not a dual citizen at birth (not the legal child of an alien) and only had his US citizen from his mother with her unitary citizenship at his birth.
The existence of a divorce document (which I will stipulate) does not PROVE the existence of a marriage. It only implies the existence of that marriage. And, of course, if the marriage that preceded the divorces was bigamous, then the marriage was a “nullity” or never existed...meaning that Barry's UK citizenship at birth never existed.
I don't know what the evidence will ultimately show, but I am trying to get ahead of the game to the defenses that Obama’s lawyers will resort to if he is backed into a corner on his NBC status.
Obama’s father has already been denounced in a best-seller as a sexual predator and bigamist so Obama has nothing to lose by now claiming “I had no idea that my birth wasn't really governed by the 1948 BNA and that I wasn't a UK subject at birth. Silly me. I guess that makes me a US citizen at birth in HI by virtue of my single mother's US citizenship under long-standing international law.”
If Barry resorts to denouncing his father as a bigamist, that would make the “birther” issue of where he was born (Kenya?) potentially the ultimate decider of Barry's eligibility, NOT his NBC status.
So while I am very encouraged by the fact that Barry is being backed into a corner on the NBC issue in GA next week, Barry has more cards to play on that issue. At the same time, if Barry's pdf LFBC is forged, some fools in HI will have to be persuaded to commit federal felonies to certify that image for submission under the Federal Rules of Evidence. All of Barry's legal behavior to date indicates that there is no such HI BC and that the pdf is forged, so IMO proving Barry's birth in HI will be what brings him down and NOT the NBC issue.
Is it that simple?
If arguments against Obama are convincing, I would guess yes, he's DQ’d. His lawyers can't answer for him. Part of the plan will be to take the DQ on the chin and mock the judge. A Kenn Starr replay.
My recollection is that the Marriage of Barack Obama Sr. and Stanley Ann Dunham is also listed on Hawaii’s marriage roles for 1961.
I suppose one would have to produce a Marriage certificate for Barack Obama Sr. and Kezia (?) to demonstrate they were married to argue bigamy.
LOLZ, a Default Judgement would absolutely make my day. It means Obama has NO DEFENSE. Guilty as charged!!! bubai barry!
It would have taken less time to put a stamp on an envelope and put the BC inside it than it would take to produce a video for Betty White’s 90th.
These people really do think we’re morons.
And their whole argument relies on the darned-if-you-do, darned-if-you-don’t arguments:
before the inauguration is too early and after the inauguration is too late;
states don’t have authority because they’re not Congress and Congress doesn’t have authority because they’re not states;
nobody has standing because they’re not an opposing candidate but a opposing candidate doesn’t have standing because the crystal ball says they wouldn’t have won anyway...
Any judge who would buy these claims is too stupid to use up valuable oxygen.
I think Congress should check into whether their own CRS lied to them when they said it was the responsibility of the states to verify eligibility, since Obama’s lawyers are now claiming that’s not true. And to think - the Congress-critters used the CRS’ memo to tell all us constituents that we were wrong!
This has reached the level of absolute and utter absurdity. If there’s anybody who still thinks Obama is on the level with his eligibility they are wilfully ignorant. Obama never argues in court that he is eligible - only that nobody else can force him to prove it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.