Category Archives: Attorneys

Obama motion to dismiss Georgia ballot challenge denied, David Farrar et al vs Barack Obama, Judge Michael M. Malihi

Posted on January 3, 2012 | 71 comments

Obama motion to dismiss Georgia ballot challenge denied, David Farrar et al vs Barack Obama, Judge Michael M. Malihi

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells


“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

The Obama motion to dismiss the Georgia ballot challenge has been denied.

First some background.

From Citizen Wells December 20, 2011.

“Obama has engaged private attorney Michael Jablonski to respond to the Pre Trial order filed by David Farrar. The order requests that Barack Obama’s name be removed from the Georgia State ballot because Obama is not a natural born citizen and therefore not qualified for the office of the president.”

“From David Farrar V Barack Obama.
“(4) The issues for determination by the Court are as follows:
A. Is the candidate’s proffered birth certificates, authentic state-issued documents that verify his actual, physical birth in Hawaii?
B. Is the candidate an Article II natural born citizen of the United States as established in US. Supreme Court case: Minor vs Happersett 1875 Page 88 U. S. 163
C. O.C.G.A. § 21-2-560 Making of False Statements Generally. Is the candidate’s Social Security number, authentic?”

“The GA Democratic Party may put anyone they want on the ballot. However, that right does not trump the US Constitution dictate that the president must be a natural born citizen. GA election law clearly provides the Secretary of State and electors the power to challenge the qualifications of candidates. Also, to my knowledge, no court in this country has ruled that Obama is a natural born citizen.

I was born and raised in NC, have some experience reading legal documents and we also have some good dictionaries in NC. I have read the motion from Mr. Jablonski as well as the 2008 and 2011 versions of Georgia election laws. I will leave it for the reader to evaluate the accuracy of the following statements by Michael Jablonski in the hope that good dictionaries and logical thought capabilities exist in other parts of the country.”

https://citizenwells.wordpress.com/2011/12/20/david-farrar-v-barack-obama-georgia-ballot-obama-not-natural-born-citizen-obama-attorney-michael-jablonski-motion-ga-election-laws/

From Orly Taitz January 3, 2012.

Order to deny Obama motion:

“ORDER ON MOTION TO DISMISS

On December 15, 2011, Defendant, President Barack Obama, moved for dismissal of Plaintiffs’ challenge to his qualifications for office. The Court has jurisdiction to hear this contested case pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

For the reasons indicated below, Defendant’s Motion to Dismiss is DENIED.

I. Discussion
1.

The Georgia Election Code (the “Code”) mandates that “[e]very candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.” O.C.G.A. § 21-2-5(a).

2.

Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).

3.

The Georgia law governing presidential preference primaries mandates that “[o]n a date set by the Secretary of State . . . the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot.” O.C.G.A. § 21-
2-193. On October 6, 2011, Secretary Kemp issued a notice to the chairman of each political party to notify them that the deadline for submitting the list of candidate names for the 2012 presidential preference primary was November 15, 2011. On November 1, 2011, the Executive Committee of the Democratic Party submitted President Barack Obama’s name as the sole candidate for the Democratic Party. To be timely, complaints challenging a presidential
candidate’s qualifications in the presidential preference primary had to be filed no later than November 29, 2011. Plaintiffs, as electors eligible to vote for Defendant, timely filed challenges with the Secretary of State before the deadline of November 29, 2011.

4.

In the instant motion, Defendant contends that Georgia law does not give Plaintiffs authority to challenge a political party’s nominee for president in a presidential preference primary because Code Section 21-2-5 does not apply to the presidential preference primary.

5.

Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling. When the Court construes a constitutional or statutory provision, the “first step . . . is to examine the plain statutory language.” Morrison v. Claborn, 294 Ga. App. 508, 512 (2008). “Where the language of a statute is plain and unambiguous, judicial construction is not only unnecessary but forbidden. In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning.” Six Flags Over Ga. v. Kull, 276 Ga. 210, 211 (2003) (citations and quotation marks omitted). Because there is no other “natural and reasonable construction” of the statutory language, this Court is “not authorized either to read into or to read out that which would add to or change its meaning.”
Blum v. Schrader, 281 Ga. 238, 240 (2006) (quotation marks omitted).

6.

Code Section 21-2-5(a) states that “every candidate for federal and state office” must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary. O.C.G.A. 21-2-5(a) (emphasis added). Although the word “candidate” is not explicitly defined in the Code, Section 21-2-193 states that the political party for the presidential preference primary “shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot.” O.C.G.A. 21-2-193 (emphasis added). Accordingly, this Court finds that Defendant is a candidate for federal office.

7.

Code Sections 21-2-190 to 21-2-200 set out the procedures of the presidential preference primary and also provide no exception to the Section 21-2-5 qualification requirement. This Court finds no basis under Georgia law why the qualification requirements in Section 21-2-5 would not apply to a candidate for the office of the president in the presidential preference primary.

8.

Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.

II. Decision

Based on the foregoing, the motion to dismiss is DENIED.
SO ORDERED, this the 3 rd day of January, 2012.
MICHAEL M. MALIHI, Judge”

http://www.orlytaitzesq.com/wp-content/uploads/2012/01/Farrar-Motion-to-dismiss-by-Obama-is-denied.pdf

Thanks to commenter Pat 1789.

71 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Board of Elections, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Dr. Orly Taitz, Election 2012, Election Boards, Election Law, Election update, Electors, Eligibility, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Presidential candidate, Secretary of State, The Case Against Barack Obama, United States, US Constitution, voters, Washington DC

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January 3, 2012, Obama eligibility press conference, New Hampsire House of Representatives, Laurence Rappaport, Obama not Natural Born Citizen

Posted on January 1, 2012 | 178 comments

January 3, 2012, Obama eligibility press conference, New Hampsire House of Representatives, Laurence Rappaport, Obama not Natural Born Citizen

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

From the Post & Email January 1, 2012.

“New Hampshire House of Representatives Members to Hold Press Conference on Obama’s Eligibility on January 3”

“WE NEED TO INFORM THE PUBLIC”
“On January 3, 2012, several members of the New Hampshire House of Representatives will hold a press conference with the primary purpose of informing New Hampshire citizens and registered voters that Barack Hussein Obama may not be eligible to serve as president and therefore should not have his name appear on the 2012 presidential ballot.

The time and place are tentatively set for 10:00 a.m. outside of the Legislative Office Building in Concord.

The website of the New Hampshire House of Representatives provides the following history regarding its beginnings:

Although threatened with reprisals from the British Crown and a bitterly divided constituency, New Hampshire’s leaders set the course for self-government in January 1776. Determined to keep the government close to the people, our forefathers fixed the size of the House of Representatives as a direct ratio to the state’s population. The first House consisted of 87 members, each one representing 100 families. As time passed and the population increased, the number of Representatives grew, until there were 443. In 1942, a constitutional amendment limited the size of the House to 400 but not less than 375 members. As a result, the New Hampshire House is the largest state legislative body in the United States.
New Hampshire has the largest House of Representatives in the nation. The Concord Monitor has stated that New Hampshire has “the most localized representation of any state in the country.”

On November 15, 2011, Atty. Orly Taitz filed a complaint with the New Hampshire Ballot Law Commission regarding the placing of Obama’s name on the state ballot, citing his use of a social security number not assigned to him as well as having presented two forged birth certificates as proof that he was born in Hawaii. Several state representatives joined the complaint, and citizens from around the country filed challenges as well. A U.S. Army reserve retired colonel has launched a campaign to prevent Obama’s name from being included on the New Hampshire ballot.
The New Hampshire Ballot Law Commission responded to Taitz by holding a hearing on November 18, during which Taitz presented her case challenging Obama’s constitutional eligibility, focusing on the crimes which she alleged he committed.

Although the New Hampshire Secretary of State’s office has disallowed candidates from running for the presidency due to foreign birthplaces in the recent past, the decision of the Ballot Law Commission was that because Obama completed the application and paid the requisite $1,000 fee, it could not prevent his name from appearing on the 2012 ballot.

Atty. Taitz has since stated that “massive election fraud” is occurring in New Hampshire because it appears that in 2008, boxes of ballots were left out on tables rather than locked in a vault, which Gardner admitted in a video to be a deviation from standard protocol.

Nine members of the New Hampshire House attended the hearing of the Ballot Law Commission, one of whom was Rep. Laurence Rappaport (R-Coos). Rappaport stated that there were nine representatives present at the Ballot Law Commission hearing and that some or all of them organized the press conference to be held on Tuesday, January 3, 2012.

We first asked him about his reaction to the outcome of the Ballot Law Commission hearing, he responded, “I was extremely disappointed.”
We then asked him about the investigation called for by Attorney General Michael Delaney regarding alleged misconduct on the part of some of the representatives at the Ballot Law Commission hearing. Rappaport’s response was, “There were two investigations. One was by the House Security, run by Randy Joyner, and he reported to the Speaker of the House, and the Attorney General asked the State Police to investigate. Neither one of them contacted me, probably because although I was there, I never said anything. The results of the investigation, as I understand it, were that there were no threats made, and it was basically a non-event.”

Rappaport said that at the time we spoke with him on December 31, a statement to be made at the press conference was in second-draft format. Working on the statement with him are Reps. Lou and Carol Vita and Harry Accornero.

“What we really need to do is emphasize that Barack Obama was not eligible and is not eligible to become president. At the Ballot Law hearing, the Commission and the Assistant Secretary of State said publicly, under oath, on the record, that their authority was only to see that the paperwork was properly filled out and that the $1,000 fee was paid. If you go back a little farther, you find out that they had disqualified a man named Sal Mohamed and another named Abdul Hassan. There are letters, of which we have copies, signed by Karen Ladd, the Assistant Secretary of State. So we applied for a rehearing, which was denied, and we applied to the New Hampshire Supreme Court, and last week they denied us a hearing. We can provide complete copies of all of these challenges.””

Read more:

http://www.thepostemail.com/2012/01/01/new-hampshire-house-of-representatives-members-to-hold-press-conference-on-obamas-eligibility-on-january-3/

Thanks to commenter Imuha.

178 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Board of Elections, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Election 2012, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, Founding Fathers, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Presidential candidate, The Case Against Barack Obama, US Constitution, Voter fraud, voters, Washington DC, white house

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2011 most ignored stories, Real unemployment rate, Fast and Furious, Occupy Wall Street backers, Rise of Islamic radicals, Obama birth certificate fraud, Chicago corruption ties

Posted on January 1, 2012 | 14 comments

2011 most ignored stories, Real unemployment rate, Fast and Furious, Occupy Wall Street backers, Rise of Islamic radicals, Obama birth certificate fraud, Chicago corruption ties

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

“The past, he reflected, had not merely been altered, it had
actually been destroyed. For how could you establish, even
the most obvious fact when there existed no record outside
your own memory?”...George Orwell, “1984″

From WND, World Net Daily, December 31, 2011.

“What were the most ignored stories of 2011?”

“While the establishment news media brought plenty of bad economic news in 2011, the real story hasn’t been adequately told.

The true rate of unemployment and inflation and the real state of the U.S. economy, which is far worse than reported, tops WND’s annual list of the 10 most “spiked” or underreported stories of the last year.

At the end of each year, many news organizations typically present their retrospective replays of what they consider to have been the top news stories of the previous 12 months.

WND’s editors, however, long have considered it more newsworthy to publicize the most underreported or unreported news events of the year – to shine a spotlight on those issues that the establishment media successfully “spiked.”

WND Editor and CEO Joseph Farah has sponsored “Operation Spike” every year since 1988, and since founding WND in May 1997, has continued the annual tradition.”

“Produced with the help of WND readers, here are the WND editors’ picks for the 10 most underreported or unreported stories of 2011:”

“1. The true rate of unemployment and inflation and the real state of the U.S. economy, which is far worse than reported.”

“2. The Justice Department’s “Fast and Furious” operation, which facilitated the delivery of American firearms into Mexico to violent drug cartels, later used in the murder of hundreds, including a U.S. Border Patrol agent.”

“3. The organizations and money behind the supposedly “leaderless” Occupy Wall Street movement.”

“4. The role of leftwing groups and the Obama administration in the fall of Arab regimes and the rise of Islamic radicals.”

“5. Compelling evidence from multiple experts that the birth certificate released by Barack Obama on April 27, 2011, is a fraud.”

“6. The true mission of Islamic groups such as CAIR and other U.S.-based Muslim Brotherhood-front organizations and their infiltration of the U.S.”

“7. The real impact on the U.S. economy of Obama’s $787 billion stimulus.”

“8. The harmful impact of unions on the American economy.”

“9. The looming potential for an EMP attack on the U.S. and its devastating impact.”

“10. The federal government’s raid of the Gibson Guitar factory.”

Read more:

http://www.wnd.com/?pageId=382753

Let’s not forget Obama’s ties to Chicago and Illinois corruption. They continued to haunt him throughout 2011.

From Citizen Wells December 28, 2011.

“2011: 12 months of Obama Chicago corruption ties.”

https://citizenwells.wordpress.com/2011/12/28/2011-obama-corruption-ties-rezko-levine-blagojevich-cellini-frawley-fitzgerald-and-justice-department-protect-obama-2011-review/

From Judicial Watch December 26, 2011.

“Judicial Watch Announces Washington’s “Ten Most Wanted Corrupt Politicians” for 2011″

“Judicial Watch, the public interest group that investigates and prosecutes government corruption, today released its 2011 list of Washington’s “Ten Most Wanted Corrupt Politicians.” The list, in alphabetical order, includes:
Rep. Spencer Bachus (R-AL)
Former Senator John Ensign (R-NV)
Rep. Alcee Hastings (D-FL)
Attorney General Eric Holder
Rep. Jesse Jackson, Jr. (D-IL)
President Barack Obama
Rep. Laura Richardson (D-CA)
Rep. David Rivera (R-FL)
Rep. Maxine Waters (D-CA)
Rep. Don Young (R-AK)”

“President Barack Obama: President Obama makes Judicial Watch’s “Ten Most Wanted” list for a fifth consecutive year. (The former Illinois Senator was also a “Dishonorable Mention” in 2006.) And when it comes to Obama corruption, it may not get any bigger than Solyndra. Solyndra was once known as the poster child for the Obama administration’s massive “green energy” initiative, but it has become the poster child for the corruption that ensues when the government meddles in the private sector. Solyndra filed for bankruptcy in September 2011, leaving 1,100 workers without jobs and the American taxpayers on the hook for $535 million thanks to an Obama administration stimulus loan guarantee.

Despite the Obama administration’s reticence to release details regarding this scandal, much is known about this shady deal. White House officials warned the president that the Department of Energy’s loan guarantee program was “dangerously short on due diligence,” nonetheless the Obama administration rushed the Solyndra loan through the approval process so it could make a splash at a press event. The company’s main financial backer was a major Obama campaign donor named George Kaiser. While the White House said Kaiser never discussed the loan with White House officials, the evidence suggests this is a lie. And, further demonstrating the political nature of the Obama administration’s activities, the Energy Department pressured Solyndra to delay an announcement on layoffs until after the 2010 elections. Despite the public outrage at this scandalous waste of precious tax dollars, President Obama continues to defend the indefensible and has refused to sack anyone over the Solyndra mess.

President Obama continues to countenance actions by his appointees that undermine the rule of law and constitutional government:

Despite a ban on funding that Obama signed into law, his administration continues to fund the corrupt and allegedly defunct “community” organization ACORN. In July 2011 Judicial Watch uncovered a $79,819 grant to AHCOA (Affordable Housing Centers of America), the renamed ACORN Housing which has a long history of corrupt activity. In absolute violation of the funding ban, Judicial Watch has since confirmed that the Obama administration has funneled $730,000 to the ACORN network, a group that has a long personal history with President Obama.In 2011, JW released a special report entitled “The Rebranding of ACORN,” which details how the ACORN network is alive and well and well-placed to undermine the integrity of the 2012 elections – evidently with the assistance of the Obama administration.

Barack Obama apparently believes it is his “prerogative” to ignore the U.S. Constitution and the rule of law when it comes to appointing czars. According to Politico: “President Barack Obama is planning to ignore language in the 2011 spending package that would ban several top White House advisory posts. Obama said this ban on “czars” would undermine “the President’s ability to exercise his constitutional responsibilities and take care that the laws be faithfully executed.” In other words, Barack Obama believes he must ignore the U.S. Constitution to protect the U.S. Constitution. Many Obama administration czars have not been subject to confirmation by the U.S. Senate as required by the U.S. Constitution. In 2011, JW released a first-of-its-kind comprehensive report on the Obama czar scandal, entitled “President Obama’s Czars.”

In an historic victory for Judicial Watch and an embarrassing defeat for the Obama White House, a federal court ruled on August 17, 2011 that Secret Service White House visitor logs are agency records that are subject to disclosure under the Freedom of Information Act. U.S. District Judge Beryl Howell issued the decision in Judicial Watch v. Secret Service. The Obama administration now will have to release all records of all visitors to the White House – or explain why White House visits should be kept secret under the law. The Obama White House continues to fight full disclosure and has stalled the release of records by appealing the lower court decision.(Judicial Watch gave Obama a “failing grade” on transparency in testimony before Congress in 2011. (Read the testimony in full as well as additional congressional testimony during a hearing entitled “White House Transparency, Visitor Logs and Lobbyists.”))

In 2011, the Obama National Labor Relations Board sought to prevent the Seattle-based Boeing Company from opening a $750 million non-union assembly line in North Charleston, South Carolina, to manufacture its Dreamliner plane. Judicial Watch obtained documents from the National Labor Relations Board (NLRB) showing this lawsuit was politically motivated. Judicial Watch uncovered documents showing NLRB staff cheerleading for Big Labor, mouthing Marxist, anti-American slurs and showing contempt for Congress related to the agency’s lawsuit against Boeing, including email correspondence attacking members of Congress. And it starts at the top. Obama bypassed Congress and recess-appointed Craig Becker, who is connected to the AFL-CIO, the SEIU and ACORN, to the NRLB.

Obama’s corrupt Chicago dealings continued to haunt him in 2011.Obama’s real estate partner, campaign fundraiser and Obama pork recipient Antoin “Tony” Rezko was finally sentenced to jail this year as was former Illinois Governor Rod Blagojevich, who is now set to serve 14 years for attempting to sell Obama’s former Senate seat to the highest bidder. The FBI continues to withhold from Judicial Watch documents of its historic interview of then-Senator Obama about the Illinois corruption scandal. The FBI interview was conducted in December, 2008, about one month before Obama was sworn into the presidency.”

https://www.judicialwatch.org/corrupt-politicians-lists/washingtons-ten-most-wanted-corrupt-politicians-for-2011/

14 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Chicago, Citizen News, Citizens for the truth about Obama, CitizenWells, corruption, Eric Holder, Financial crisis, Illinois, Islam, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Pay to play politics, Rezko, Scandal, The Case Against Barack Obama, United States, US Constitution, US Department of Justice, Washington DC, white house

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William Cellini evidentiary hearing, January 6, 2012, Judge James Zagel

Posted on December 31, 2011 | 37 comments

William Cellini evidentiary hearing, January 6, 2012, Judge James Zagel

“Why was Obama promoting Capri Capital and other investment firms at the same time that Rezko, Levine and Cellini were shaking them down?”…Citizen Wells

“I just think it’s very, very disturbing that we have these pay-to-play allegations going on for years.”…Patrick Fitzgerald

“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren

William Cellini, who was convicted of 2 counts of conspiracy to commit extortion and aiding and abetting the solicitation of a bribe on November 1, 2011,  is scheduled for a evidentiary hearing  on January 6, 2012 in the courtroom of Judge James Zagel.

Daily Calendar

Friday, January 6, 2012  (As of 12/30/11 at 05:48:01 AM

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

1:08-cr-00888   USA v. Cellini                         09:30   Evidentiary Hearing

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

37 Comments

Posted in Attorneys, Chicago, Citizen News, Citizens for the truth about Obama, CitizenWells, corruption, Federal Court, Illinois, Judges, Lawyers, News, Obama, Obama lies, Obama Nation, Obama records, Pay to play politics, The Case Against Barack Obama, US Department of Justice, William Cellini

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Obama Georgia ballot challenge, Natural born citizen status deficient, Attorney Van Irion for David Weldon Files Blistering Opposition to Obama Motion to Dismiss

Posted on December 29, 2011 | 41 comments

Obama Georgia ballot challenge, Natural born citizen status deficient, Attorney Van Irion for David Weldon Files Blistering Opposition to Obama Motion to Dismiss

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

First, I would like to thank Birther Report for their efforts to monitor the unconstitutional machinations of Obama, et al.

From Birther Report December December 28, 2011.

“Attorney Van Irion on behalf of David Weldon Files Blistering Opposition to Defendant’s(Obama) Motion to Dismiss in Georgia Ballot Access Challenge”

“For the reasons set forth below, none of the facts asserted by the Defendant are relevant. The only fact relevant to this case is the fact that the Defendant’s father was not a U.S. citizen. This fact has been repeatedly documented and stated by the party opponent, Defendant Obama. This fact is also evidenced by Plaintiff’s exhibit 6, previously submitted with Plaintiff’s pre-trial order and apparently authenticated by Defendant’s citation to this exhibit in Defendant’s “Statement of Material Facts Not in Dispute,” number 7.”

“C. Right to Associate Doesn’t Negate Georgia Election Law

The Democratic Party of Georgia’s Constitutional right to determine its membership coexists with Georgia’s right to govern Georgia. Georgia code does not interfere with the autonomy of the political party’s internal decision making because it does nothing to prohibit the parties from submitting any name to the Secretary of State for inclusion in the Presidential primary. The Party is free to submit Saddam Hussein or Mickey Mouse as their next Presidential candidate. However, Georgia is not required to accept such submissions and waste taxpayer money on ballots for such candidates.

Georgia code does not prevent the political parties from submitting any name. Instead the code simply determines what the State does with the Party’s list of candidates after the Party has forwarded its list to the State. See O.C.G.A. §21-2 et seq. This code does nothing to prevent any political party from excluding, or including, any person they choose to exclude or include. Nor does it prevent the Party from choosing candidates to submit, in its “sole discretion.” Georgia’s code simply exercises the State’s right to administer elections in a manner that best serves the citizens of the State.

In the instant case Georgia’s Election code does nothing to infringe on the Democratic Party of Georgia’s right of association because the Party can and did include the Defendant in its organization. The Party can and did include the Defendant in the Party’s list of candidates. The Party’s rights, however, end there. Its rights cannot force the State to place the Defendant’s name on a ballot after the State determines that the Defendant is obviously not qualified “to hold the office sought.” §21-2-5. The rights of the Party and of the State simply do not conflict.4

The Defendant’s argument would logically require a conclusion that no state can preclude any candidate from any primary ballot for any reason without violating a political party’s right to freely associate. Since many candidates have been disqualified from primary ballots for lack of qualification to hold the office sought, we can safely conclude that the Defendant’s argument fails. If his argument succeeds, many election codes across the country will need to be re-drafted.

D. Defendant’s Conclusion is Offensive to the Constitution

The Defendant states that the issue raised by the Plaintiff was “soundly rejected by 69,456,897 Americans in the 2008 elections.” See Def.’s Mtn. at 5. This statement reflects a complete lack of understanding regarding Constitutional protections.

Contrary to the Defendant’s assertion, voters are not the final arbiters of whether an individual is qualified to hold office. America is a Constitutional Republic, not a democracy without a constitution. In a Constitutional Republic the power of the majority is limited and cannot infringe upon protected rights of a minority.

The Constitution is an anti-majoritarian document; meaning that it protects individuals from invasions and usurpations by the majority. Constitutionally protected rights are held inviolate regardless of the majority’s desire to violate them. Without such protections any law enacted by Congress would be valid, even if it denied an individual their right to life, liberty, or property. Without the anti-majoritarian protection of the Constitution, Congress could legalize the killing of all Jews, for example, as was done in World War II Germany. Constitutional requirements are absolute, and must be followed regardless of how popular or unpopular such requirements may be, because they are in place to protect the minority.

The Defendant’s presumption that popular vote overrides the Constitution demonstrates his lack of understanding of the Constitution and emphasizes the critical role played by this Court in protecting Americans from a tyrannical majority. Contrary to the Defendant’s statement, a minority of Americans have an absolute right to be protected from a non-natural-born-citizen being elected President.

E. Contrary to the Defendant’s Assertion, No Court has Ruled on the Question Presented”

Read more:

http://obamareleaseyourrecords.blogspot.com/2011/12/attorney-van-irion-files-opposition-to.html

Thanks to commenter Pat 1789.

41 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, constitution, Democrats, Election 2012, Election Boards, Election Law, Election update, Electors, Eligibility, Judges, Lawyers, Lies, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Presidential candidate, The Case Against Barack Obama, US Constitution, Washington DC, white house

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2011 Obama corruption ties, Rezko Levine Blagojevich Cellini Frawley, Fitzgerald and Justice Department protect Obama, 2011 review

Posted on December 28, 2011 | 40 comments

2011 Obama corruption ties, Rezko Levine Blagojevich Cellini Frawley, Fitzgerald and Justice Department protect Obama, 2011 review

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

Highlights of 2011 Obama corruption ties. The tip of the iceberg.

2011: 12 months of Obama Chicago corruption ties.

January 29, 2011.

“Judge Amy St. Eve told attorneys at a hearing Friday that she’ll sentence Tony Rezko on Oct. 21.

Rezko’s attorneys and prosecutors had asked the judge earlier to delay Rezko’s sentencing to allow for the possibility he could testify at two upcoming
trials, including Blagojevich’s corruption retrial in April.”

https://citizenwells.wordpress.com/2011/01/29/tony-rezko-sentencing-october-21-2011-blagojevich-trial-witness-rezko-blagojevich-obama-board-rigging/
February 25, 2011.

“Prosecutors in the Blagojevich trial have dropped 3 counts from the indictment against him. That is approximately 15 %. That does not appear on the surface
to be significant. However, counts 1 and 2 represent about half of the indictment and mention numerous Chicago corruption figures with ties to Obama. Get the
picture?”

https://citizenwells.wordpress.com/2011/02/25/blagojevich-trial-update-3-counts-dropped-half-of-indictment-dropped-obama-protected-justice-dept-corruption/
March 14, 2011.

“Evidentiary Proffer supporting charge of Collusion in protecting Obama during the course of investigating and prosecuting Tony Rezko and Rod Blagojevich.”

https://citizenwells.wordpress.com/2011/03/14/justice-department-protecting-obama-evidence-evidentiary-proffer-blagojevich-prosecution-delayed-and-manipulated-collusion-2/
April 20, 2011.

“Rod Blagojevich’s second corruption trial is set to get under way with nearly all the same evidence as the first trial, just packaged and presented in a
whole new way.”

“Counts 1,2,4 were dropped several months ago. Those counts had the strongest ties to Obama. Anyone surprised by that or not calling Tony Rezko in the first
trial since Obama’s pal Eric Holder controls the Justice Dept.”

https://citizenwells.wordpress.com/2011/04/20/blagojevich-trial-two-begins-jury-selection-april-20-2011-jury-questionnaires-obama-justice-dept/
May 31, 2011.

“Rezko’s January sentencing was postponed to leave open the possibility that the onetime powerful political fund-raiser could testify in either Blagojevich’s
trial or that of Downstate businessmen William Cellini, Rezko’s lawyer said. However, prosecutors did not say whether they would tap Rezko.

Meanwhile, Rezko, who spoke briefly at a federal court hearing Thursday, revealed for the first time where he’s being housed — about 150 miles away inside the Dodge County, Wis., lock-up.”

“Assistant U.S. Attorney Christopher Niewoehner said only that it was in the interest of both the prosecution and Rezko to delay sentencing. He implied that
prosecutors hadn’t decided yet on whether Rezko will be called to testify.

Rezko’s lawyers said the convicted businessman would like to reap the benefits of testifying and possibly receive a lighter sentence. But he will not seek a
delay in sentencing beyond September.”

https://citizenwells.wordpress.com/2011/05/31/tony-rezko-may-2011-court-hearing-rezko-witness-in-blagojevich-trial-rezko-jailed-in-dodge-countywisconsin/
June 27, 2011.

“Rod Blagojevich has been convicted on 17 of 20 counts. Counts 1,2 and 4 were dropped earlier this year. An appeal is expected. The William Cellini trial is
scheduled for August 2011.”

https://citizenwells.wordpress.com/2011/06/27/blagojevich-convicted-on-17-counts-june-27-2011-appeal-and-william-cellini-trial-next/
July 27, 2011.

“I was pleased and amazed to see a reference to the Health Facilities Planning Board and Pam Davis in a Chicago Tribune article dated July 26, 2011.”

“Two members in the audience played an early but crucial role in the
FBI investigation that uncovered widespread corruption in
Blagojevich’s administration.

Pam Davis, CEO of Edward Hospital in Naperville, and William Kottmann,
CEO of Edward Medical Group, both secretly wore a listening device for
the FBI for eight months in 2003 after raising extortion complaints in
their bid to build a $218 million hospital inPlainfield.

Davis said they were told that If they hired builder Jacob Kiferbaum’s
firm, , the then-Illinois Health Facilities Planning Board would
support their plans. Later, Kiferbaum and health board member Stuart
Levine and Tony Rezko, a top Blagojevich fundraiser, either pleaded
guilty or were convicted on federal charges.”

“Jan. – Aug. 2003: Obama was Chairman of the IL Senate Health and Human Service Committee.

Feb. 20, 2003: Senate Bill 1332 “Illinois Health Facilities Planning Act” filed. Reduced members of IL Health Planning and Facilities Board from 15 to 9.”

“Ziegelmueller asked Hayden about a 2003 e-mail exchange with Lichtenstein, then the governor’s top lawyer, in which Wilhelm made recommendations for the Illinois Health Facilities Planning Board.
The name of Barack Obama, the Democratic front-runner for the presidential nomination, also appears in the e-mail as a member of a strategic team reviewing
hospital board matters with the governor’s staff when he was a state senator. The hospital board was scheduled to be revamped in the summer of 2003.
Obama was then chairman of the Senate Committee on Health & Human Services.”

https://citizenwells.wordpress.com/2011/07/27/obama-past-surfaces-again-health-facilities-planning-board-rigging-pam-davis-listening-device/
August 22, 2011.

“Anita Mahajan, the wife of a major Blagojevich fundraiser, was charged
in May 2007 with theft and fraud, based on allegations that her
company, K.K. Bio-Science, submitted bogus bills for drug screenings
for clients of the Illinois Department of Children and Family
Services.”

“9. In June, 2005, Mutual Bank President and CEO Amrish Mahajan and
other Mutual Bank officers approved a loan to Rita Malki Rezko (Rita
Rezko) which was guaranteed by Antonin Rezko so that Rita Rezko could
purchase a 9,090 square foot vacant parcel of real estate at 5050 S.
Greenwood Avenue, Chicago.”

“10. On or about January 4, 2006, Rita Rezko entered into an
agreement with Senator Barack and Michelle Obama (Obamas) to sell a
ten-foot strip of the 5050 S. Greenwood property to the Obamas.”

https://citizenwells.wordpress.com/2011/08/22/anita-mahajan-pleads-guilty-blagojevich-and-obama-ties-mutual-bank-president-amrish-mahajan-wife-rezko-obama-land-purchase/
September 3, 2011.

“It is apparent to me that a deal was struck with the US Justice Department and that Patrick Fitzgerald was involved in the decision or minimally, was aware
of it. The Justice Dept. had more than enough evidence to indict Blagojevich at the latest by the time Stuart Levine agreed to cooperate by August 5, 2006.
They actually had enough wiretap evidence without Levine cooperating. Once Blagojevich was too tainted by investigation and Obama was being groomed for the presidency, Obama had to be protected.

Let me make this perfectly clear. I am accusing the US Justice Department of corruption, of being complicit in delaying the arrest of Rod Blagojevich until
after the 2008 elections. Furthermore, the Justice Department has purposefully reworded the Indictment and refrained from calling witnesses and revealing
testimony that would be further damning for Blagojevich and Obama. This is a criminal act which must be prosecuted.

I am calling for a congressional investigation.”

https://citizenwells.wordpress.com/2011/09/03/patrick-fitzgerald-apolitical-fitzgerald-attacked-republicans-protected-obama-chicago-tribune-protecting-obama/
October 31, 2011.

“Mutual was the bank that financed the purchase by the wife of
political fundraiser Tony Rezko of a side lot in a deal that enabled
Barack Obama to buy his dream house.
In a lawsuit filed in a U.S. District Court in the Northern District
of Illinois last week, the Federal Deposit Insurance Corp. also
accused the bank of spending $300,000 to hold a board meeting in Monte
Carlo, Monaco.”

“One of the defendants, former bank president and board member Amrish
Mahajan, couldn’t be reached for comment.”

“A former Illinois real estate specialist says FBI agents have questioned him about a Chicago property that had been bought by convicted felon Tony Rezko’s
wife and later sold to the couple’s next-door neighbor, Sen. Barack Obama.

The real estate specialist, Kenneth J. Conner, said bank officials replaced an appraisal review he prepared on the property and FBI agents were investigating
in late 2007 whether the Rezko-Obama deal was proper.

“Agents and I talked about payoff, bribe, kickback for a long time, though it took them only a short number of minutes of talking with me while looking at
the appraisal to acknowledge what they already seemed to know: The Rezko lot was grossly overvalued,” Mr. Conner told The Washington Times Monday.

“Rezko paid the asking price on the same day Obama paid $300,000 less than the asking price to the same seller for his adjacent mansion,” he said. “This begs
the question of payoff, bribe, kickback.””

https://citizenwells.wordpress.com/2011/10/31/mutual-bank-amrish-mahajan-richard-barth-fdic-lawsuit-kenneth-j-conner-whistleblower-vindication-obama-rezko-land-deal/
November 22, 2011.

“I’m assuming the information is about the payments made by Rezko to Obama, so we know we’re talking about the right conversation, right?” …Attorney Daniel
Konicek, Frawley Deposition

Tony Rezko, a longtime associate and friend of Barack Obama, who was convicted in June 0f 2008 and never called as a witness, was sentenced today in the courtroom of Judge Amy J. St. Eve. Rezko was sentenced to 126 months.

https://citizenwells.wordpress.com/2011/11/22/tony-rezko-sentenced-to-126-months-november-22-2011-judge-amy-j-st-eve-rezko-never-called-as-witness/
December 2011.
December 6, 2011.

“From the Government’s Sentencing Memorandum, signed by Patrick Fitzgerald and filed on November 30, 2011.”

““By way of comparison, Antoin Rezko,…received a sentence of 126 months imprisonment for corrupt activity that he engaged in directly with Blagojevich or with Blagojevich’s tacit approval. Yet, Rezko:
(a) held no elected office of trust;”

Yes, indeed, Patrick Fitzgerald allowed Blagojevich to remain in office until December 8, 2008 even though they knew as early as late 2003 that the
Blagojevich Administration was involved in widespread corruption.”

https://citizenwells.wordpress.com/2011/12/06/blagojevich-sentencing-patrick-fitzgerald-sentencing-memorandum-reveals-much-blagojevich-prosecution-delayed-obama-protected-live-coverage/
December 10, 2011.

“2006 is the pivotal turning point.

1. Blagojevich and his corruption buddies are in trouble.

2. Blagojevich, the presumptive presidential candidate, is out and Obama, the unknown, is in. So is the fix.”

“The day of Blagojevich’s sentencing, we learn that Tony Rezko has filed an appeal. A Blagojevich appeal is sure to follow.

The Blagojevich and Rezko appeal process will go late into or past the 2012 election cycle. Once again protecting Obama.”

https://citizenwells.wordpress.com/2011/12/10/blagojevich-rezko-obama-patrick-fitzgerald-justice-department-near-perfect-crime-obama-protected-delayed-prosecution-of-blagojevich-rezko-behind-bars/
December 27, 2011.

“Daniel Frawley, former Tony Rezko partner, has had his sentencing repeatedly delayed. In a deposition Frawley spoke of Tony Rezko giving Barack Obama money and then when asked to elaborate, he exercised his Fifth Amendment right.

Are we ever going to find out more from Daniel Frawley about the money that Rezko gave Obama?”

https://citizenwells.wordpress.com/2011/12/27/december-27-2011-obama-money-from-rezko-daniel-frawley-talking-frawley-sentencing-delayed-tribune-and-suntimes-silent/

40 Comments

Posted in Attorneys, Barack Obama, Blagojevich, Blagojevich trial, Chicago, Citizen News, Citizens for the truth about Obama, CitizenWells, corruption, FBI, Federal Court, Illinois, Judges, Lawyers, News, Obama, Obama lies, Obama Nation, Obama records, Patrick Fitzgerald, Pay to play politics, Rezko, Stuart Levine, The Case Against Barack Obama, Tony Rezko, US Department of Justice, William Cellini

Tagged , , ,

Blagojevich appeal process begins, Court filing December 20, 2011, Blagojevich prison sentence begins March 15

Posted on December 21, 2011 | 9 comments

Blagojevich appeal process begins, Court filing December 20, 2011, Blagojevich prison sentence begins March 15

From the Chicago Tribune December 20, 2011.

“Blagojevich attorneys begin appeals process”

“Attorneys for Rod Blagojevich have formally begun the process of appealing the former Illinois governor’s conviction and prison sentence.

They did so in a court filing late Tuesday, notifying the U.S. District Court in Chicago that they intended to appeal to a higher court.

Blagojevich has been ordered to report to prison on March 15. The 55-year-old was convicted earlier this year of corruption charges that included allegations that he tried to sell or trade an appointment to President Barack Obama’s vacated Senate seat for campaign cash or a top job.

Attorneys had said they planned to appeal.

However, the process of filing a full appeal is likely to drag on for several weeks or even months. After notification, transcripts and other documents are typically transferred to the higher court.”
http://www.chicagotribune.com/news/chi-ap-us-blagojevichtrial-,0,2339978.story

9 Comments

Posted in Attorneys, Barack Obama, Blagojevich, Blagojevich trial, Chicago, Citizen News, Citizens for the truth about Obama, CitizenWells, corruption, Court of Appeals, Federal Court, Illinois, Judges, Lawyers, News, Obama, Patrick Fitzgerald, Pay to play politics, The Case Against Barack Obama, US Department of Justice, US District Court

David Farrar V Barack Obama, Georgia ballot, Obama not natural born citizen, Obama attorney Michael Jablonski motion, GA election laws

Posted on December 20, 2011 | 67 comments

David Farrar V Barack Obama, Georgia ballot, Obama not natural born citizen, Obama attorney Michael Jablonski motion, GA election laws

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells


“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

Obama has engaged private attorney Michael Jablonski to respond to the Pre Trial order filed by David Farrar. The order requests that Barack Obama’s name be removed from the Georgia State ballot because Obama is not a natural born citizen and therefore not qualified for the office of the president.

Some information on Attorney Michael Jablonski.

“Michael Jablonski represents select clients in matters related to politics: campaigns with contract problems; candidates facing ethics charges; political consultants charged with trademark and copyright violations; media buyers and candidates confused by the FCC’s lowest unit charge rules; businesses with campaign contribution problems; citizens using the Georgia Open Records Act or the Federal Freedom of Information Act; and others that have been caught in the mire of campaign finance and ethics law.”

Read more:

http://taarradhin.net/

Looks like Obama has picked the right attorney.

From David Farrar V Barack Obama.
“(4) The issues for determination by the Court are as follows:
A. Is the candidate’s proffered birth certificates, authentic state-issued documents that verify his actual, physical birth in Hawaii?
B. Is the candidate an Article II natural born citizen of the United States as established in US. Supreme Court case: Minor vs Happersett 1875 Page 88 U. S. 163
C. O.C.G.A. § 21-2-560 Making of False Statements Generally. Is the candidate’s Social Security number, authentic?”

Two segments from Mr. Jablonski’s motion.

“The Democratic Party of Georgia determines names to include on its Presidential Preference Primary ballot at its sole discretion. O.C.G.A. 21 -2-193. A state political party “enjoys a constitutionally protected freedom which includes the right to identify the people who constitute this association to those people only.”
“Furthermore, the citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections, as it has been by every judicial body ever to have considered it.”

My response.

The GA Democratic Party may put anyone they want on the ballot. However, that right does not trump the US Constitution dictate that the president must be a natural born citizen. GA election law clearly provides the Secretary of State and electors the power to challenge the qualifications of candidates. Also, to my knowledge, no court in this country has ruled that Obama is a natural born citizen.

I was born and raised in NC, have some experience reading legal documents and we also have some good dictionaries in NC. I have read the motion from Mr. Jablonski as well as the 2008 and 2011 versions of Georgia election laws. I will leave it for the reader to evaluate the accuracy of the following statements by Michael Jablonski in the hope that good dictionaries and logical thought capabilities exist in other parts of the country.

From the motion filed December 16, 2011 by attorney  Michael Jablonski.

“President Obama asks for dismissal of this attempt to deprive the Democratic Party of Georgia of its statutory right to name candidates to the Presidential Preference Party held to apportion Gerogia’s delegates to the Democratic National Convention. No provision of Georgia law authorizes a challenge to a political party’s identification of names it wishes its members to consider in a preference primary for purposes of apportioning delegates to its National Convention.The Democratic Party of Georgia properly identified Barack Obama as a candidate to whom National Convention delegates will be pledged based upon votes in the preference poll. Georgia law does not authorize the Secretary of State to exercise any discretion or oversight over the actions of a political party participating in a preference primary. Indeed, any review by the Secretary of State would interfere with associational rights of the Democratic Party guaranteed by the First Amendment to the United States Constitution.”
“The Time Limit for filing any challenge under O.C.G.A. 21-2-5 (if it appplies) specifies a two week period after qualifying in which a challenge can be filed.”
“The Secretary of State’s involvement in the Presidential Preference Primary process, other than conducting balloting, is limited to receiving names submitted by political parties for inclusion in the preference primary, publishing the submitted names on a website, and including the names on the ballot.”
“O.C.G.A. 21-2-193. The Presidential Preference Primary statute does not empower the Secretary of State to review submissions of names by political parties.”
“O.C.G.A. 21-2-5 does not apply to the Presidential Preference Primary because the preference primary is not an election”
“Nothing in the context of O.C.G.A. 21-2-5 “clearly requires” applicability to the preference primary.”

From the Georgia Election Statutes.

“O.C.G.A. § 21-2-193  (2011)

§ 21-2-193.  List of names of candidates to appear on ballot; publication of list
   On a date set by the Secretary of State, but not later than 60 days preceding the date on which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published on the website of the Secretary of State during the fourth week immediately preceding the date on which the presidential preference primary is to be held.”

“O.C.G.A. § 21-2-200  (2011)

§ 21-2-200.  Applicability of general primary provisions; form of ballot
   A presidential preference primary shall be conducted, insofar as practicable, pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any.”

“TITLE 21.  ELECTIONS 
CHAPTER 2.  ELECTIONS AND PRIMARIES GENERALLY 
ARTICLE 1.  GENERAL PROVISIONS

O.C.G.A. § 21-2-5  (2011)

§ 21-2-5.  Qualifications of candidates for federal and state office; determination of qualifications
   (a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.

(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.”

“TITLE 21.  ELECTIONS 
CHAPTER 2.  ELECTIONS AND PRIMARIES GENERALLY 
ARTICLE 5.  PRESIDENTIAL PREFERENCE PRIMARY

O.C.G.A. § 21-2-191  (2011)

§ 21-2-191.  Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate
   As provided in this article, a presidential preference primary shall be held in 2012 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in this state, so that the electors may express their preference for one person to be the candidate for nomination by such person’s party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held in each year in which a presidential election is to be conducted on a date selected by the Secretary of State which shall not be later than the second Tuesday in June in such year. The Secretary of State shall select such date no later than December 1 of the year immediately preceding such primary. A state political party or body may by rule choose to elect any portion of its delegates to that party’s or body’s presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than 60 days preceding the date on which the presidential preference primary is to be held.”

“O.C.G.A. § 21-2-521  (2011)

§ 21-2-521.  Primaries and elections which are subject to contest; persons who may bring contest
   The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Constitution of Georgia); the eligibility of any person declared eligible to seek any such nomination or office in a run-off primary or election; or the approval or disapproval of any question submitted to electors at an election may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any aggrieved elector who was entitled to vote for such person or for or against such question.”

“O.C.G.A. § 21-2-522  (2011)

§ 21-2-522.  Grounds for contest
   A result of a primary or election may be contested on one or more of the following grounds:

   (1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;

   (2) When the defendant is ineligible for the nomination or office in dispute;

   (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;

   (4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or

   (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election.”

David Farrar filing:

http://obamareleaseyourrecords.blogspot.com/2011/12/david-farrar-v-barack-obama-first.html
Attorney Michael Jablonski filing

http://obamareleaseyourrecords.blogspot.com/2011/12/obamas-private-attorney-files-motion-to.html

67 Comments

Posted in Attorneys, Barack Obama, Birth Certificate, Board of Elections, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Courts, Delegate, democratic convention, Democrats, Election 2012, Election Boards, Election Law, Election update, Electoral College, Electors, First Amendment, Lawsuits, Lawyers, Natural born citizen, News, Obama, Obama lies, Obama Nation, Obama records, Presidential candidate, Secretary of State, The Case Against Barack Obama, US Constitution, Washington DC, white house

Tagged , , , ,

Blagojevich juror questionnaire in high school class motion denied, Judge James Zagel, Daniel Frawley sentencing delayed again

Posted on December 19, 2011 | 4 comments

Blagojevich juror questionnaire in high school class motion denied, Judge James Zagel, Daniel Frawley sentencing delayed again

“In the Daniel Frawley Deposition, why did Tony Rezko give Obama money and why did Frawley assert his Fifth Amendment privilege?”…Citizen Wells

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

From the Chicago Tribune December 19, 2011.

“Blagojevich jury forewoman says class saw a blank juror questionnaire”

“The jury forewoman in Rod Blagojevich’s second trial denied today that she improperly took a juror questionnaire and showed it to a high school class. The questionnaire in question was just a blank form that she got from the court to explain the civic process to students, forewoman Connie Wilson said.

“Of course, I couldn’t have access to any of my own forms because those are all sealed in court,” said Wilson, explaining that the court clerk sent her blank forms that are regularly issued to government classes and civic teachers.

The questionnaire issue arose last week when the former governor’s legal team filed an emergency motion alleging that Wilson may have flouted the judge’s orders that juror questionnaires be kept under seal and confidential. The motion cited a newspaper article that reported that Wilson showed “copies of her jury summons and questionnaire” to students during an appearance at an Aurora high school.

But in a sharply worded rebuke Monday, U.S. District Judge James Zagel denied the motion, calling it “harebrained” and suggesting that the Blagojevich lawyer who wrote the filing write a letter of apology to the juror.

“This motion was prepared without any adequate forethought,” Zagel said.

Wilson said she found out about the motion on Saturday from her sister, who called to tell her that it was all over the news. On Sunday, Wilson said reporters waited outside her home as she and her family threw their annual Christmas party.

“It was a little disconcerting,” Wilson said. “We’ve been so careful about everything we say and everything we talk about as jurors to make sure we are always appropriate.”

The filing was submitted by Lauren Kaeseberg, one of Blagojevich’s attorneys, but the rest of the legal team was included on the filing – Sheldon Sorosky, Aaron Goldstein and Elliott Riebman.

“If it is found that Ms. Wilson violated court rules, her violations must result in a new trial,” Blagojevich’s attorneys argued.

But Zagel on Monday said the motion “smacks a little bit of retaliatory (motive against) a juror.””

Read more:

http://www.chicagotribune.com/news/local/breaking/chi-blagojevich-attorneys-back-in-court-today-20111219,0,2720986.story

 

Daniel Frawley, Tony Rezko’s ex partner was scheduled for sentencing December 20 and 21. However, according to commenter Bessie.

Submitted on 2011/12/19 at 12:39 pm

“Good Morning All; the sentencing for Daniel T. Frawley has been postponed A G A I N , I don’t know if this is the fifth or sixth time, I have lost track….They have not yet rescheduled his court date, “probably after the New Year”…Right.”

From Citizen Wells December 13, 2011.

“Daniel Frawley, a one time partner of Tony Rezko,  is scheduled for sentencing  Tuesday, December 20, 2011 in the courtroom of Judge Ronald A. Guzman .”

““I was on the phone, making a phone call to Tony Rezko,” Frawley says, according to the transcript. “I had a luncheon engagement with him. George was outside of the room where I was making the telephone call, and the purpose of the call was for me to keep my luncheon engagement with Tony Rezko and to go over and to record Tony Rezko.

“George saw and heard me on the phone, came running in and went like this [demonstrating]: Cut it,” drawing his hand across his throat.

Later in the deposition, Weaver’s lawyer, Daniel F. Konicek, asks Frawley about what specific information Weaver is supposed to have told Frawley to withhold from federal authorities.

“I’m assuming the information is about the payments made by Rezko to Obama, so we know we’re talking about the right conversation, right?” Konicek asks Frawley.

Frawley doesn’t answer. So Konicek presses him: “Am I correct it was about Obama being paid by Rezko?”

Frawley replies: “I’m not answering that question, based upon my attorney’s instructions.””

https://citizenwells.wordpress.com/2011/12/13/daniel-frawley-sentencing-december-20-2011-rezko-partner-deposition-reveals-rezko-payment-to-obama-companion-security-link/

 

4 Comments

Posted in Attorneys, Barack Obama, Blagojevich, Chicago, Citizen News, Citizens for the truth about Obama, CitizenWells, corruption, FBI, Illinois, Judges, Jury, Lawyers, News, Obama, Obama lies, Obama Nation, Obama records, Patrick Fitzgerald, Pay to play politics, Rezko, The Case Against Barack Obama, Tony Rezko, US Department of Justice

Tagged , ,

NC lawsuit challenges marriage licenses, North Carolina marriage laws require state license, Jeff Thigpen, Reverends Keeney, Peeples, Koenig

Posted on December 14, 2011 | 68 comments

NC lawsuit challenges marriage licenses, North Carolina marriage laws require state license, Jeff Thigpen, Reverends Keeney, Peeples, Koenig

The spirit of freedom is still alive in North Carolina.

From the Greensboro News Record, December 14, 2011.

“Suit challenges marriage licenses”

“Guilford County Register of Deeds Jeff Thigpen and 10 other people filed a lawsuit last week that challenges a requirement that marrying couples in North Carolina obtain a state-issued license.

The complaint, filed in Guilford County Civil Superior Court on Dec. 8, names state Attorney General Roy Cooper as the defendant. The plaintiffs include three Greensboro ministers and seven heterosexual and homosexual residents from Greensboro, Winston-Salem and Mocksville.

They argue in the complaint that state general statutes violate the U.S. Constitution and the principle of separation of church and state by requiring marrying couples to seek marriage licenses, by requiring religious leaders to fill out and sign them, and by prohibiting religious leaders from solemnizing the marriage of same-sex couples.

The complaint comes about five months before North Carolinians vote on a proposed amendment to the state constitution that bans same-sex marriage. The referendum will occur during the May Republican primary.

The complaint reads, “In order (to) adequately and fully protect the personal liberty and religious freedom of citizens of North Carolina and the United States, there must be a de-coupling and disentanglement of the state from the personal and religious institution of marriage. The institution of marriage should be solely in the dominion of citizens and their religious and secular organizations, except that the state should be permitted to carry out prohibitions of marriage for infancy, insanity, bigamy or polygamy, and incest, and marriage as a result of fraud, duress, joke or mistake; and the state should be permitted to adjudicate rights relating to support, child custody, and property in connection with marriages and their dissolution.””

http://www.news-record.com/content/2011/12/13/article/local_elected_official_joins_lawsuit_over_state_marriage_licensing_requir

From the print edition.

“The suit is not challenging the proposed constitutional amendment that would ban same-sex marriage, said Guilford County Register of Deeds Jeff Thigpen and others in the lawsuit. Voters will decide that issue in next year’s primary.”

“”It’s not part of anybody else’s agenda,” said Norman Smith, a Greensboro attorney. “It’s part of the agenda of people in this suit who don’t like the state getting into people’s religious and personal affairs.”

“Thigpen said he joined the suit because of his concern about state -imposed obstacles that some people must overcome to get married. He acknowledged his involvement could risk his re-election in November.”

“Why would I want to do this?” asked Thigpen, whose office handles marriage licenses. “These issues have come to me, and I have the obligation to respond to them in a way that is reflective of what’s going on and be a leader in dealing with it.”

“What happens in that sanctuary is between me, the couple, those who are witnessing , and God, “Peeples said. “It has always struck me as very strange, if not contradictory, that I have to sign a legal document and act as an agent of the state. …What we are saying is let’s make a clean separation between those two acts.”

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