Category Archives: Birthers

Judge Clay D Land ruling, Judicial misconduct, Captain Connie Rhodes motion, September 16, 2009, Orly Taitz, Rules for judicial conduct, 28 U.S.C., Judge Land guilty of judicial misconduct

*** Update below September 17, 2009  5:30 PM  **

Despite the lack of respect for the US Constitution, the rule of law, concerned American citizens and not obeying their oaths of office by judges and state election officials over the past year, I, Citizen Wells, respect the office of the judiciary and do not take lightly charging a judge with judicial misconduct. However, due to the serious nature of the Captain Connie Rhodes’ motion, it’s consequences for the military and nation in general, and the non judicious attitude of Judge Land in dismissing the motion, I believe it is the lesser of evils, and certainly in the best interest of ongoing jurisprudence, to check this judicial abuse of power.

The Citizen Wells blog reported yesterday, Wednesday, September16, 2009, on the ruling by Judge Land.
Citizen Wells response to Judge Land ruling
For simplicity’s sake, we reported on the ruling by Judge Land. We will leave to others to debate the courtroom banter, motion word smithing and argument methodologies.

This is indeed a serious matter. At stake is the integrity of our judicial system, upholding the US Constitution and rule of law, insuring that we have a qualified president and supporting the military as they faithfully uphold the oath they have taken to defend the US Constitution against all enemies, foreign and domestic.

Judge Land, as a District Court Judge, is subject to the RULES FOR JUDICIAL-CONDUCT AND JUDICIAL-DISABILITY PROCEEDINGS.

“These Rules govern proceedings under the Judicial Conduct and Disability Act, 28 U.S.C. §§ 351–364 (the Act), to determine whether a covered judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts or is unable to discharge the duties of office because of mental or physical disability.”

“these Rules provide mandatory and nationally uniform provisions governing the substantive and procedural aspects of misconduct and disability proceedings under the Act.”

“(e) Disability. “Disability” is a temporary or permanent condition rendering a judge unable to discharge the duties of the particular judicial office. Examples of disability include substance abuse, the inability to stay awake during court proceedings, or a severe impairment of cognitive abilities.”

Disability, such as “severe impairment of cognitive abilities”, will not be addressed, although after reading the ruling, that possibility did occur to me.

“(h) Misconduct. Cognizable misconduct:

6 (1) is conduct prejudicial to the effective and expeditious administration of the  business of the courts. Misconduct includes, but is not limited to:

(A) using the judge’s office to obtain special treatment for friends or relatives;
(B) accepting bribes, gifts, or other personal favors related to the judicial office;
(C) having improper discussions with parties or counsel for one side in a case;
(D) treating litigants or attorneys in a demonstrably egregious and hostile manner;
(E) engaging in partisan political activity or making inappropriately partisan statements;
(F) soliciting funds for organizations; or
(G) violating other specific, mandatory standards of judicial conduct, such as those pertaining to restrictions on outside income and requirements for financial disclosure.”

First, note, “Misconduct includes, but is not limited to”

Judge Land is obvious guilty of two of the offenses above.

 

(D) treating litigants or attorneys in a demonstrably egregious and hostile manner

Egregious defined: “conspicuously bad : flagrant <egregious errors>”

(Note dictionary example – “egregious errors”)

This motion was filed by a captain in the US Military who was required to take an oath to defend the US Constitution. The following was also made clear to Captain Connie Rhodes:

Officers in the service of the United States are bound by this oath to disobey any order that violates the Constitution of the United States.

Judge Land’s persistent reference to “birther” and “birther claim”, aside from having political connotations, is condescending  and demeaning. Judge Land is  both ignorant and misinformed regarding Obama’s eligibility.

“5 of “evidence” Plaintiff’s counsel relies upon deserves further discussion. Counsel has produced a document that she claims shows the President was born in Kenya, yet she has not authenticated that document. She has produced an affidavit from someone who allegedly obtained the document from a hospital in Mombasa, Kenya by paying “a cash ‘consideration’ to a Kenyan military officer on duty to look the other way, while [he] obtained the copy” of the document. (Smith Decl. ¶ 7, Sept. 3, 2009.) Counsel has not, however, produced an original certificate of authentication from the government agency that supposedly has official custody of the document. Therefore, the Court finds that the alleged document is unreliable due to counsel’s failure to properly authenticate the document. See Fed. R. Evid. 901.”

Judge Land dismisses an alleged birth certificate with an attached affidavit yet he quotes the COLB, Certification of Live Birth, a document with no affadavit of authenticity, which is not a birth certificate and refers to the presence of another document. Judge Land has requested no authenticating of the COLB.

“Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles.”

Judge Land has made another demeaning statement. The irony of that statement is that any middle school student knows that the president must be a natural born citizen and that the judicial system is part of the checks and balances to prevent a usurper from taking office.

“Instead, she uses her Complaint as a platform for spouting political rhetoric, such as her claims that the President is “an illegal usurper, an unlawful pretender, [and] an unqualified imposter.”

There is no reason to believe that Captain Rhodes was motivated politically. What is readily apparent is that Captain Rhodes takes her oath of office seriously.

“I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”
US Military officer’s oath of office

This clearly qualifies as an unwarranted and hostile attack upon the character of the plaintiff.

(E) engaging in partisan political activity or making inappropriately partisan statements

“To press her “birther agenda,” Plaintiff’s counsel has filed the present action on behalf of Captain Rhodes.”

Judge Land’s repeated use of the term “birther”, a hallmark insult from the far left and Obama camp, reveals not only his political agenda but a disregard for the US Constitution, an officer in the US military, the plaintiff’s attorney and decent American citizens. That term has no place in the courtroom, especially being flung by a misinformed, biased judge.

“Counsel makes these allegations although a “short-form” birth certificate has been made publicly available which indicates that the President was born in Honolulu, Hawaii on August 4, 1961.“

“Acknowledging the existence of a document that shows the President was born in Hawaii, Plaintiff alleges that the document “cannot be verified as genuine, and should be presumed fraudulent.”

Judge Land uses as the basis for part of his decision a politically motivated, display of an unsubstantiated COLB.

 

Summary
Judge Land, who is clearly misinformed and makes uninformed decisions that certainly appear to be politically motivated, should be brought before a judicial review board. And, if Judge Land believes that he is making well founded statements based on substantiated facts, then the spectre of his ability to sit judiciously on the bench arises.

It is hoped that one or both of two scenarios will occur.

1. Someone will file a complaint.

 
2. I believe it is in the best interest of the judiciary system to self police this matter. Confidence in the judiciary and other branches of government is at an all time low. The American citizens need a clear signal that they will get fair treatment in court and that the judicial branch of government will fulfill it’s crucial part in the checks and balances system of our government.

How to file a complaint:

http://www.uscourts.gov/library/judicialmisconduct/jud_conduct_and_disability_308_app_B_rev.pdf

 

** Update **

“Dr. Orly Taitz, counsel for Captain Connie Rhodes, M.D, filed today an Emergency Request for Stay of Deployment, pending the filing of a Motion for Re-Hearing, in the Case Rhodes vs. Mac Donald.

Yesterday, Judge Clay D. Land garnered nationally notoriety for his rejection of Captain’s Rhodes’ case, with a severe ruling that was widely faulted by legal experts across the nation.

Attorney Taitz in today’s filings details the errors of Land’s ruling.  What follows is The Post & Email’s summary of Tatiz’s Motions, using a copy forwarded us, by Mr. Neil B. Turner.

First, Attorney Taitz alleges that Judge Land’s ruling “violates the 5th Amendment rights” of her client, “to due process of law, in particular, by” the Court’s “violation of Local Rule 7 of the United States Middle District of Georgia, to wit:”

Read more:

http://thepostnemail.wordpress.com/2009/09/17/taitz-files-emergency-stay-and-motion-for-rehearing/

 

Judge Clay D Land ruling, September 16, 2009, Captain Connie Rhodes, Orly Taitz, Motion for temporary restraining order, Motion denied, US District Court, Thomas D. MacDonald, Colonel, Garrison Commander Fort Benning, Judge Land uninformed, Biased?, US Constitution, Oath of office, Treason?

“I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”
US Military officer’s oath of office


Officers in the service of the United States are
bound by this oath to disobey any order that
violates the Constitution of the United States.

 

To:

Judge Clay D. Land, US District Judge

Thomas D. MacDonald, Colonel, Garrison Commander Fort Benning

Is there any reason that I and the American public should not consider you cowards, un American or guilty of treason?

You both have taken oaths to defend the US Constitition against enemies, both foreign and domestic.

The motion made by Connie Rhodes, Captain, is not about the beliefs of her legal counsel, Orly Taitz, it is about the refusal of the usurper, Barack Obama, to prove that he is eligible to be president. The very fact that Obama has gone to such lengths to avoid proving he is a natural born citizen, should be enough to raise many large red flags.

The motion of Captain Connie Rhodes, an active military officer, who apparently takes her oath to defend the US Constitution, very seriously, was flawed. Of course, every motion, every pleading before any court in this nation is flawed. This is not a perfect world. Judge Land has made a ruling not based on merits, not based on facts and apparently, with malice aforethought, for reasons unknown. Judge Clay D. Land, a US District Court judge, has denied Captain Rhodes’ motion on September 16, 2009. The motion was for a temporary restraining order to prevent her pending deployment to Iraq based on the fact that the orders and any future orders come from an illegal, usurper Commander in Chief, Obama.

Judge Land has referred to this motion as frivolous. Based on the following, Judge Land should minimally be subject to judicial review.

I can state with certainty that the following is true:

  • We are in the middle of the Constitutional crisis foretold by attorney Philip J Berg in 2008.
  • Barack Hussein Obama is not President of the United States.
  • Obama is by any reasonable definition a usurper.
  • Obama is not a natural born citizen of the United States.
  • Obama’s father was a citizen of Kenya and therefore a British citizen.
  • There is absolutely no evidence that Obama was born in the US.
  • There is much compelling evidence that Obama does not have a long form birth certificate proving eligibility.
  • Obama has expended enormous resources to hide his past and associated documents that would clear up eligibility.
  • Barack Obama signed a form in Arizona before the primaries stating that he was a natural born citizen.
  • Barack Obama has kept hidden all documents recording his past except for a few notable exceptions such as his IL bar application. Obama lied on his bar application regarding his numerous traffic tickets and aliases.
  • Commander Walter Fitzpatrick (Ret.) and other military officers have charged Obama with treason.
  • By all indications, Captain Connie Rhodes is following her oath to defend the US Constituton.

Consider the following exerpts from Judge Land’s ruling:

“Plaintiff alleges that her deployment orders are unconstitutional and unenforceable because President Barack Obama is not constitutionally eligible to act as Commander in Chief of the United States armed forces. After conducting a hearing on Plaintiff’s motion, the Court finds that Plaintiff’s claims are frivolous.”

Judge Land, you are either uninformed, complicit in treason or incompetent.

“Plaintiff’s counsel speculates that President Obama was not born in the United States based upon the President’s alleged refusal to disclose publicly an “official birth certificate” that is satisfactory to Plaintiff’s counsel and her followers. She therefore seeks to have the judiciary compel the President to produce “satisfactory” proof that he was born in the United States. Counsel makes these allegations although a “short-form” birth certificate has been made publicly available which indicates that the President was born in Honolulu, Hawaii on August 4, 1961.3
3 The court observes that the President defeated seven opponents in
a grueling campaign for his party’s nomination that lasted more than
eighteen months and cost those opponents well over $300 million. See
Federal Election Commission, Presidential Pre-Nomination Campaign
Disbursements Dec. 31, 2008, http://www.fec.gov/press/press2009/
20090608Pres/3_2008PresPrimaryCmpgnDis.pdf (last visited Sept. 15, 2009).
Then the President faced a formidable opponent in the general election who
received $84 million to conduct his general election campaign against the
President. Press Release, Federal Election Commission, 2008 Presidential
Campaign Financial Activity Summarized (June 8, 2009), available at
http://www.fec.gov/press/press2009/20090608PresStat.shtml. It would
appear that ample opportunity existed for discovery of evidence that would
support any contention that the President was not eligible for the office
he sought.
Furthermore, Congress is apparently satisfied that the President is
qualified to serve. Congress has not instituted impeachment proceedings,
and in fact, the House of Representatives in a broad bipartisan manner has
rejected the suggestion that the President is not eligible for office.
See H.R. Res. 593, 111th Cong. (2009) (commemorating, by vote of 378-0,
the 50th anniversary of Hawaii’s statehood and stating, “the 44th
President of the United States, Barack Obama, was born in Hawaii on August
4, 1961”).”

There is no alleged refusal to disclose an “official birth certificate.” Obama has gone to great lengths to avoid this. Judge Land, if you have a legitimate copy, please share it.
A short form birth certificate has not been produced. Even Lou Dobbs of CNN was able to discern that the document produced by the Obama camp, a COLB, Certification of live birth, is just a document referring to another document and we have no proof that the COLB is genuine.

Judge Land, and/or his assistants, reveal ignorance about the vetting process and are complicit with Congress in this coverup.

“Moreover, mere allegations of a constitutional violation unsupported by a reasonable factual foundation are insufficient to warrant judicial review. To hold otherwise would be to create chaos within the military decision-making process and chain of command. As explained below, the Court must balance several factors to determine whether judicial review of a military decision is authorized.”

Judge Land, all we have are allegations that Obama is qualified to be president. We have a constitutional crisis caused by the deceit of Obama and non vetting by the Democrat party.

“She has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated,
conclusory allegations and conjecture that President Obama is ineligible to serve as President of the United States.

Instead, she uses her Complaint as a platform for spouting political rhetoric, such as her claims that the President is “an illegal usurper, an unlawful pretender, [and] an unqualified imposter.” (Compl. ¶ 21.) She continues with bare, conclusory allegations that the President is “an alien, possibly even an unnaturalized or even an unadmitted illegal alien . . . without so much as lawful residency in the United States.” (Id. ¶ 26.) Then, implying that the President is either a wandering nomad or a prolific identity fraud crook, she alleges that the President “might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President.” (Id. ¶ 110 (emphasis added).

Acknowledging the existence of a document that shows the President was born in Hawaii, Plaintiff alleges that the document “cannot be verified as genuine, and should be presumed fraudulent.””

Once again, Judge Land exhibits ignorance of the facts. The only document that the Obama camp has produced is a COLB that has not been proven to be legitimate.

“As explained previously, Plaintiff has demonstrated no likelihood of success on the merits. Her claims are based on sheer
conjecture and speculation.”

Conjecture?

Judge Land, you are the one guilty of conjecture.
Judge Land, you have taken a similar oath one or more times. Do you take this oath seriously?

Her likelihood for success is only limited by your bias and lack of knowledge.

Colonel Thomas D MacDonald, are we to believe that you take your oath to defend the US Constitution seriously?

I understand that the court must weigh interfering with the Military. But this goes to the core of military rule and order, having a  Commander in Chief who is legitimate.

I do not criticize Judge Land for his comments on how the case was plead, however, given the serious nature of the motion, I do criticize Judge Land for calling this a frivolous motion and accusing the plaintiff of conjecture when most of his basis for attacking Captain Rhodes’ position was based on conjecture and misinformation.

Judge Land referring to concerned American patriots as “birthers” is condescending, uninformed and unacceptable.

It is apparent that of the three major players in this motion, Captain Rhodes, Judge Land and Colonel MacDonald, Captain Rhodes is the only one that lives out her oath to defend the US Constitution.

I am shocked and infuriated by the attitude of Judge Clay D Land and believe that his actions should be investigated.

Citizen Wells

Steve King, Iowa congressman, Town hall meeting, Carroll Iowa Daily Times Herald, August 28, 2009 update, Obama birth certificate, Health care, VA hospitals

Congressman Steve King of Iowa held a town hall meeting recently. Apparently it was civil. After reading an article in the Daily Times Herald based in Carroll, Iowa, I would like to comment on a few statements that he made.

August 26, 2009

“Clearing some air with congressman King”

 

“King, who thinks Obama is clearly a native of Hawaii, addressed this issue in our interview after the town hall meeting.

Daily Times Herald: Unlike some of the town-hall meetings that are looped over and over again on cable news this one was exceedingly civil. You had some people bring up points that were obviously at odds with your viewpoint. One thing that has happened at some of these town-hall meetings that have been so highly publicized is that people have held up birth certificates and questioned the legitimacy of Obama’s presidency.

That’s not something I’ve ever seen you do, and I’ve actually heard you speak movingly about what it was like being there in January and watching Obama be inaugurated. Obviously some of these people that hold these views about Obama’s legitimacy are conservative.

Would you have any message for them? Do you think Obama’s a legitimate president, that this birther issue should be set side and that those people should move on on the issues?

Congressman King: “I spent my time before the inauguration to look into that because I thought it was the time to do so.

“We discovered working with a small group and their staff in the Library of Congress the microfiche copy of one of the two Hawaii newspapers that published the birth announcement of President Obama on Aug. 4, 1961.

“It was published on either Aug. 10 or 16. I looked at that copy, and we began to play that out on how would that actually be there in many of the public libraries in America if he wasn’t born in Hawaii.

“It almost comes down to, yes, that information could have been sent, but his mother would have had to imagine that she was protecting the interests of a future president in order to do such a thing.

“I don’t think anyone has that kind of clairvoyance, yet alone a young mother, at that time.

“I came to the conclusion that it’s improbable that Obama was not born in Hawaii as he says.

“I just don’t understand why he wouldn’t ask under Hawaiian law that the certificate of live birth, the real legitimate birth certificate, be released to the public. I’ve seen the one that they put out. It doesn’t look exactly like some of the others they’ve used to compare it.

“So I just wish the subject weren’t there. I think he could have avoided the subject if he would have just simply laid his birth certificate out.

“I don’t know what his motive for not doing that would be unless it would be something that is embarrassing, that he doesn’t want us to know, and, otherwise, I think he would have let us know. But he’s the one that has to answer that, and we have core public policy things to move forward on, and that’s not a priority of mine to dig into it.

“The truth will eventually emerge.” ”

Citizen Wells comments:

Since when does a birth announcement vet a presidential candidate?

Congressman King does question why Obama does not reveal his original long form birth certificate. However, he should demand that Obama do so.

“Daily Times Herald: You have a lot of concern about government involvement with health care. One place where that occurs right now, some would say successfully, others would have issues with it particularly in light of some of the stories that have broken in the last few weeks, is the Veterans Administration. If the government is terrible at running health care, should the services provided through the VA be privatized?

Congressman King: “I think our Veterans Administration does a good job with the health care that they deliver to our veterans. We’ve been expanding the clinic access in the district – Shenandoah and here (Carroll) and up in Spirit Lake. We continue to work on that. The standard that we want is I don’t want to see a veteran drive more than an hour to go to any clinic. That expansion’s taking place, although the Veterans Administration deserves the lion’s share of the credit.”

Citizen Wells comments:

If congressman King believes that the VA is doing a good job of health care, he is ill informed. A cursory examination of recent news reveals that there are major problems in VA hospitals. I personally know someone that was butchered in a VA hospital. I have an aunt that is active with the American Legion and she works with a lot of veterans being processed at a VA hospital. She has told me about many problems that the veterans have.

The VA hospitals have outlived their usefulness. The Government has no business managing healthcare. I am certain that if the VA hospitals were closed and the money guaranteed for the veterans at non government hospitals, the cost would go down and most important, the quality would go up.

“None of the attendees challenged Barack Obama’s constitutional legitimacy as president as has been the case elsewhere where so-called “birthers” have hijacked elected officials’ town-hall meetings to charge that Obama wasn’t born in the United States.”

Citizen Wells comment:

Note the insulting, condescending tone. Using the term birthers for concerned Americans and using the term hijacked for exercising their First Amendment rights.

Congressman King and the reporter require educating.

It is our job to do so.

Read more:

http://www.carrollspaper.com/main.asp?SectionID=4&SubSectionID=25&ArticleID=8643&TM=48534.34

 

Thanks to commenter ccwarrior and the Count Us Out blog for the info.

** Update – This was posted by commenter JustMe **

“CW,

the VA is a sorry excuse for health care, especially given the fact the folks that gave life/limb to protect our freedom. My husband, a physician, until earlier this year could see some Veterans in private practice (after jumping through a bazillion hoops). No more! Don’t know exactly what’s changed but know that it has.

Now they have to drive great distances just to be seen in a clinic. Then must drive even greater distances (in the case of our west TX town… they must drive to another state) to have access to a hospital. None of it makes sense.

They are also having difficulty getting their meds. My husband is greatly saddened to see how these people are treated.

If we got rid of the VA system, I bet we could afford to have healthcare for all. The operating costs have to be enormous.

My gardener’s father is a Vet and has cancer. He has had to travel great distances recently just to be seen. He said the VA has written him off and referred him to hospice to die. He isn’t ready for hospice at this point. They also refused to consider a small procedure to put his “elimination system” back together that would have allowed him and his care givers an easier time.”

Trent Franks town hall meeting, August 24, 2009, Franks did not say lawsuit?, pursue looking into Obama birth certificate, Politico.com, Trent Franks believes Obama born in Hawaii?, Franks town hall statement

The Trent Franks town hall meeting on Saturday, August 22, 2009, in Kingman, AZ is stirring up a lot of controversy. According to the Mojave Daily News, Franks was reported as saying:

“Franks said there was not enough evidence that Obama is not an American citizen. He did say there was a lot of conflicting evidence of Obama’s citizenship and that he was considering filing a lawsuit, the only congressman to do so. Franks asked why the president did not simply produce a birth certificate.””

The Citizen Wells blog has reported on the town hall meeting as well as further comments coming from representative Franks office.
A comment was posted by a citizen from AZ:

“I have emailed Rep Franks several times,…. and He has responded to me each time….by email and also snail mail letter.  Pretty much saying that obama has been vetted and all is in order.  MAYBE we should email him some info to WAKE UP his mind a little bit.  You prepare what you want and I will make sure he gets it.  I will email it and I will also send him a certified letter.  WHAT do you think?  (I also emailed Sen Mccain,…. but never received any response at all)”
Today we received this comment from travelbugs:

“I just got off the phone with Congressman Franks office. He said that he did not say he would pursue a lawsuit, but rather that he would pursue looking into this. I also explained that it is much more than the long form birth certificate. I further stated that he had to simultaneously ask for the college records and passport records to be opened up to fully understand the depth of this. The staffer said they have been flooded by calls today about the birth issue and he took my message down, in great detail, and promised to pass it along to the Congressman. Everyone needs to call and relay this same information. He can get a fake birth certificate, but he cannot forge the passport and college records as well. These elements are critical to bringing about the truth!”

 

Politico is now reporting the following:

“Franks in July: Obama ‘born in Hawaii'”

“A month before Rep. Trent Franks (R-Ariz.) told a town hall audience that there is not enough evidence that President Barack Obama is a natural-born citizen, he told an interviewer that he believes Obama was “born in Hawaii.”
According to the Mohave Daily News, on Sunday, Franks told a town hall audience in Kingman, Ariz., that there is conflicting evidence as to whether the president was born in the United States. According to the report, the Republican congressman called on Obama to produce his birth certificate and threatened to sue the president over the issue.
But in July, when a camera crew from the liberal blog FireDogLake approached Franks to ask if he believed the so-called birthers, who dispute whether Obama was born in the United States and would therefore be ineligible to serve as president, Franks made his anti-birther position pretty clear.
“I believe Barack Obama was born in Hawaii, stayed within the United States and, therefore, is a constitutionally natural-born citizen of this country,” Franks told the blog’s Mike Stark.”

Read more:

http://www.politico.com/news/stories/0809/26395.html

I, Citizen Wells, today, August 24, 2009, submitted a request to meet with Trent Franks. I will keep you informed of what comes of this.

So, representative Trent Franks, what is your position on Obama’s eligibility and not presenting a legitimate birth certificate? Your constituents and the American public want to know.

Orly Taitz, KY officials, Esquire article, August 11, 2009, Obama not eligible, Oath of office, US Constitution, YouTube video, KY Attorney General, Kentucky Secretary of State

Whether it’s Orly Taitz, Phil Berg, Leo Donofrio, Mario Apuzzo or any American citizen, we deserve the protection of the US Constitution and Government officials that recognize their duty under the law. I am fed up with government officials and the MSM disregarding the US Constitution, the supreme law of the land and belittling law abiding US Citizens.
From an Esquire article dated August 11, 2009:

“What Really Happens When You Demand the President Produce His Birth Certificate?
Buzz up!You get a bunch of outrageous people — very nice people, mind you, but frustrated enough to believe anything about Obama — storming the offices of the attorney general, the secretary of state, and the FBI. At the center of it all was Esquire.com’s political columnist, bearing witness to the “birthers” for the conclusion of a two-part series.”

“Then there’s Orly Taitz, queen of the “birthers,” who brings outrageous thinking to a whole new level. This was her at the Knob Creek Machine Gun Shoot in Kentucky, which I touched on here last week, well before the town-hall tirades took over the airwaves. This was her four months ago, shouting over the gunfire in a thin, shrill voice:

“I am extremely concerned about Obama specifically because I was born in Soviet Union, so I can tell that he is extremely dangerous. I believe he is the most dangerous thing one can imagine, in that he represents radical communism and radical Islam: He was born and raised in radical Islam, all of his associations are with radical Islam, and he was groomed in the environment of the dirty Chicago mafia. Can there be anything scarier than that?”

At the “birther” booth, Taitz greeted her fans.”

“I made a date to accompany Taitz and a group of “birthers” on a trip the next day to the state capital, where they were going to meet the attorney general and demand an investigation into Obama’s birth certificate. A few minutes later, the man standing in the booth and passing out flyers — Carl Swennson, a computer store owner from Georgia — addressed the gathering crowd. “All right, everybody! If you are from Kentucky and you would like to be a part of a common-law jury to try and indict the usurper, Barry Soetoro aka Barack Hussein Obama, all you need to do is step forward and we will hold court here today, right now!””

“We set off in a flotilla of cars. When we got to the state office complex an hour later, it took less than ten minutes for us to get badges and pass through security. A man named George Wilding, the manager of Kentucky’s Public Corruption Unit, led us to a conference room. A few minutes later, we were joined by Bob Foster, Kentucky’s Commissioner of Criminal Investigations.

Then Taitz began to talk, and she did not stop for 15 solid minutes: Obama forged this and his campaign forged that and these are his false addresses and here’s something very strange that Justice Scalia told her at a book signing and here are the 500,000 signatures collected by WorldNetDaily magazine demanding an investigation…

Finally Wilding held up a hand. “Let me just stop you right there. What applies to Kentucky?”

One of the citizens starts showing him documents. “This is clearly his school record that shows that he was a citizen of Indonesia…”

“I don’t understand what that has to do with the Kentucky attorney general’s office,” Wilding repeated.

“He was on the ballot here in Kentucky,” Taitz said.

“That was a federal election. There are federal-election laws. The FBI investigates those. So I believe that your best venue and jurisdiction lies with the U.S. district court and the FBI.”

That’s when Taitz lost it. “I can see that you are hell-bent on doing absolutely nothing,” she said, eyes flaring. “You want to pass the buck.”

“No ma’am. I’m trying to follow the law.”

“I’m going to the FBI and not only reporting Obama, I’m going to report you for refusing to investigate crimes. You have a duty to investigate those crimes! Why are people paying salary for this whole office of attorney general of Kentucky?

To do nothing?”

“I think we’re finished,” Foster said.”

“But Taitz wasn’t finished. She marched her troops straight over to the secretary of state’s office and did the exact same presentation all over again. Then she headed to the FBI to do it a third time. And the whole time, she never stopped talking:”
“But like I said — and this is important to emphasize — all of Taitz’s followers seemed like very nice people. Even Taitz had her good side on the rare occasions when she stopped talking for long enough that it could come out. I saw it when she talked about her three sons, or joked about how glad her husband was to get her out of the house. But there was fear and sadness in all of the “birthers,” and a sense that things were surely coming to an end. And they were willing to believe anything bad that anybody said about Obama, no matter how or implausible or unfair.

It was pus exploding from a wound.”

Esquire article:

http://www.esquire.com/the-side/richardson-report/obama-birth-certificate-update-081109 

After I read the article and discerned the attitude of the KY officials, I had had it from the jackasses. So I decided to review KY law and I quickly put up a YouTube video. The attitudes of elected officials and judges in this country  increasingly sickens me.

The US Constitution rules.

Kentucky oath of office administered to Secretary of State:

“I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of Secretary of State according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God.”

Quote from jackass above:

“No ma’am. I’m trying to follow the law.”

From the Kentucky Statutes:

“118.176 Challenging good faith of candidate.
(1) A “bona fide” candidate means one who is seeking nomination in a primary or election in a general election according to law.”

“(2) The bona fides of any candidate seeking nomination or election in a primary or general election may be questioned by any qualified voter entitled to vote for such candidate or by an opposing candidate by summary proceedings consisting of a motion before the Circuit Court of the judicial circuit in which the candidate whose bona fides is questioned resides.”

“118.195 Inspection of nomination papers.
All nomination papers filed under KRS 118.165 and 118.365 shall at all times be subject to inspection by any person.”

“118.305 Persons entitled to have name on ballot — Certification of names of candidates — Eligibility of candidates defeated in primary — Notification of vacancy in elective office.

(6) The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors.”

118.325 Nomination by parties by convention or primary election.

(2) The certificate of nomination by such a convention or primary election shall be in writing, shall contain the name of each person nominated, his residence and the office to which he is nominated, and shall designate a title for the party or principle that such convention or primary election represents, together with any simple figure or device by which its list of candidates may be designated on the voting machines. The certificate shall be signed by the presiding officer and secretary of the convention, or by the chairman and secretary of the county, city, or district committee, who shall add to their signatures their respective places of residence, and acknowledge the same before an officer duly authorized to administer oaths. A certificate of the acknowledgment shall be appended to the certificate of nomination. In the case of electors of President and Vice President of the United States the certificate of nomination shall state the names of the candidates of the party for President and Vice President.”

Here is a really interesting paragraph:
“118.581 Nomination of candidates by State Board of Elections.
The State Board of Elections shall convene in Frankfort on the second Tuesday in January preceding a presidential preference primary. At the meeting required by this section, the board shall nominate as presidential preference primary candidates all those candidates of the political parties for the office of President of the United States who have qualified for matching federal campaign funds. Immediately upon completion of this requirement, the board shall transmit a list of all the nominees selected to the Secretary of State and shall also release the list to the news media.
Effective: July 14, 1992″

118.591 Nomination of candidate by petition — Qualification of candidate through filing of notice of candidacy.

(5) In lieu of the petition requirements of subsections (1) to (4) of this section, a candidate may qualify to appear on the presidential preference primary ballot of his political party by filing with the Secretary of State, no later than the last Tuesday in January preceding a presidential preference primary, a notice of candidacy signed by the candidate and either of the following:

(b) Evidence that, by the filing deadline, the candidate’s name is qualified to appear on the presidential preference primary ballot of his political party in at least twenty (20) other states.”

“118.995 Penalties.
(1) Any person who violates any of the provisions of KRS 118.136 shall be guilty of a Class A misdemeanor.
(2) If the Secretary of State violates any of the provisions of subsection (4) of KRS 118.215, he shall be guilty of a Class D felony.
(3) Any person who violates subsection (5) of KRS 118.176 shall be guilty of a Class A misdemeanor.
(4) If any county clerk violates any of the provisions of subsection (5) of KRS 118.305, he shall be guilty of a Class D felony.
Effective: July 13, 1990”

“119.285 Irregularity or defect in conduct of election no defense.
Irregularities or defects in the mode of convening or conducting an election shall constitute no defense to a prosecution for a violation of the election laws.”

Correct me if I am wrong, but there may be some grey area in KY law regarding presidential elections.

However, the US Constitution rules

What to tell the Birthers Bashers, Mario Apuzzo, July 31, 2009, Natural born Citizen, Founding fathers, free of all foreign influence

From Mario Apuzzo, attorney in the lawsuit, Kerchner V Obama, July 31, 2009:

“You are poorly informed on the constitutional issue involved with Obama’s eligibility to be President. The primary issue is whether Obama is an Article II “natural born Citizen,” not whether he was born in the U.S. When drafting the eligibility requirements for the President, the Founding Fathers distinguished between “Citizen” and “natural born Citizen” in Article II, sec. 1, cl. 5 and in Articles I, III, and IV of the Constitution. Per the Founders, while Senators and Representatives can be just “citizens,” after 1789 the President must be a “natural born Citizen.” The Founders wanted to assure that the Office of President and Commander in Chief of the Military, a non-collegial and unique and powerful civil and military position, was free of all foreign influence and that its holder have sole and absolute allegiance, loyalty, and attachment to the U.S. The “natural born Citizen” clause was the best way for them to assure this.

The distinction between “citizen” and “natural born Citizen” is based on the law of nations which became part of our national common law. According to that law as explained by Vattel in his, The Law of Nations, a “citizen” is simply a member of the civil society. To become a “citizen” is to enter into society as a member thereof. On the other hand, a “natural born Citizen” is a child born in the country of two citizen parents who have already entered into and become members of the society. Vattel also tells us that it is the “natural born Citizen” who will best preserve and perpetuate the society. This definition of the two distinct terms has been adopted by many United States Supreme Court decisions. Neither the 14th Amendment (which covers only “citizens” who are permitted to gain membership in and enter American society by either birth on U.S. soil or by naturalization and being subject to the jurisdiction of the United States), nor Congressional Acts, nor any case law has ever changed the original common law definition of a “natural born Citizen.” Congressional Acts and case law, like the 14th Amendment, have all dealt with the sole question of whether a particular person was going to be allowed to enter into and be a member of American society and thereby be declared a “citizen.” Never having been changed, the original constitutional meaning of a “natural born Citizen” prevails today. It is this definition of “natural born Citizen” which gives the Constitutional Republic the best chance of having a President and Commander in Chief of the Military who has sole and absolute allegiance, loyalty, and attachment to the United States. By satisfying all conditions of this definition, all other avenues of acquiring other citizenships and allegiances (jus soli or by the soil and jus sanguinis or by descent) are cut off. I call this state of having all other means of acquiring other citizenships or allegiances cut off unity of citizenship which is what the President must have at the time of birth.

Obama’s father was born in Kenya when it was a British colony. When he came to America, he was probably here on a student visa and he never became a legal resident of the U.S. or an immigrant. He had no attachment to the U.S. other than to study in its prestigious educational institutions which he did for the sole purpose of returning to Kenya and applying his learning there for the best interests of that nation. In fact, when he completed his studies, he did return to Kenya and worked for its government.”

Read more:

http://puzo1.blogspot.com/2009/07/what-to-tell-birthers-bashers.html