Tuesday, January 31, 2012

Obama Eligibility Challenges Spread to 6 States

If readers watched the videos of the hearing in Atlanta Georgia (links were posted here at Talk Wisdom yesterday) then you would know that the decision in the Georgia case is expected soon. The deadline for papers being entered into the court case is February 1, 2012.

WorldNetDaily reports that ballot concerns are going viral and have already spread to 6 additional states.


An administrative law judge in Georgia could decide as early as this week whether voters in the state convinced him Barack Obama’s name should be removed from the 2012 presidential ballot because he is not qualified to hold the office.

But win, lose or draw, the fight isn’t going to be over, as other cases are erupting across the nation, with challenges being raised anew even in Obama’s own adopted political network in Illinois.

The Georgia hearing was before Judge Michael Malihi, and while none of the lawyers who appeared in the proceedings was willing to predict what the decision will be, several did confirm that Malihi had considered simply granting them a default victory, because Obama and his lawyers expressly stated they would not participate in a hearing to provide evidence that he is qualified to be on the ballot.

A default presumably would have meant a recommendation from the judge that Obama’s name be stricken from the ballot, a decision which would head for review immediately by Georgia Secretary of State Brian Kemp.

He, however, was the one who warned Obama of the “peril” of not participating in the hearing when Obama and his attorney had asked that the event be canceled.

Whatever the outcome in Georgia, the issue is gaining traction in other states, too, including Alabama, Tennessee, Arizona, New Hampshire, and even Illinois, Obama’s home political base.

It is important to note that this challenge is different from the birth certificate challenges in the past that were often dismissed due to "lack of standing." Here is why:

The newest round of court actions do not try to have a judge determine Obama is not qualified for the Oval Office and remove him from it, they simply challenge his eligibility for the 2012 election.

Many of the cases cite Minor v. Happersett, a U.S. Supreme Court opinion from 1875 that said a “natural born citizen” would be a person whose parents both were citizens.

“This complaint does not request any injunction against any state or federal government official. Instead this complaint asserts that the private entity, Defendant Democratic Party, intends to act negligently or fraudulently in a manner that will cause irreparable harm to the plaintiffs, to the states, and to the citizens of the United States,” said one of the filings.

It continued, “Because Mr. Obama has admitted that his father was not a U.S. citizen, and because this fact has been confirmed by the U.S. State Department, any reasonable person with knowledge of these facts would doubt Mr. Obama’s constitutional qualifications. Therefore, any representation by the Democratic Party certifying said qualifications would be negligent, absent further evidence verifying Mr. Obama’s natural-born status.

“Plaintiffs further request an injunction prohibiting the Democratic Party from making any representation to any state official asserting, implying, or assuming that Mr. Obama is qualified to hold the office of president, absent a showing by the party sufficient to prove that said representation is not negligent.”

Van Irion, lead counsel for Liberty Legal Foundation, also is working on several of the issues, and has brought the question in court in Arizona.

“We picked the Arizona court for several reasons, but the main one being that it is part of the 9th Circuit. The 9th Circuit has indicated in dicta that an FEC-registered presidential candidate would have standing for this type of suit,” he said. The organization is working with John Dummett, a Liberty Legal Foundation member who is a candidate for the office of president in the 2012 election.

Irion said the other lawsuit was filed in state court in Tennessee.

“The focus of the state-court suit is to prevent certification to the Tennessee Secretary of State. This suit puts greater emphasis on the negligent misrepresentation/fraud aspects of a certification from the DNC. It includes more facts regarding Obama’s Indonesian dual citizenship and fraudulent Social Security Number,” he said.

He said if the cases succeed, the Democrats would not be able to list Obama as their candidate for 2012.

“Neither lawsuit discusses Obama’s place of birth or his birth certificate. These issues are completely irrelevant to the argument. LLF’s lawsuit simply points out that the Supreme Court has defined ‘natural-born citizen’ as a person born to two parents who were both U.S. citizens at the time of the natural-born citizen’s birth. Obama’s father was never a U.S. citizen. Therefore, Obama can never be a natural-born citizen. His place of birth is irrelevant,” Van Irion’s group said.

WND also has reported that Maricopa, Ariz., County Sheriff Joe Arpaio has launched a formal law enforcement investigation into concerns Obama may submit fraudulent documentation to be put on the state’s election ballot in 2012.

Other attorneys involved in the Georgia case are J. Mark Hatfield and Orly Taitz.
Hatfield has told WND that the goal is for a court determination on the definition of “natural born citizen,” which then could be applied directly to Obama’s candidacy.



While doing a search online, I found GodFatherPolitics.com.
This is interesting....


Update @ 8:42 a.m. PT

A link to this post is featured in Georgia Point.com [Note: Scroll down page.]


Steve said...

This is a very interesting angle they are using here Christine. I think it would be pretty cool if they are successful with their endeavor.
As always, you're doing a good job here at Talk Wisdom!

Christinewjc said...

I think that they finally got it right - and I am hoping and praying that they will be successful in the state of Georgia as well as all the other states that want only eligible candidates on the ballot in the election of 2012. Thanks so much for your warm encouraging comment Steve.