Category Archives: constitution

Obama eligibility challenged in 2 supreme courts, May 28, 2013, VT or AL, Most liberal or most conservative state, Obama birth certificate natural born citizen status

Obama eligibility challenged in 2 supreme courts, May 28, 2013, VT or AL, Most liberal or most conservative state, Obama birth certificate natural born citizen status

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

 

Obama’s eligibility to be president as a natural born citizen of the US is being challenged in 2 state supreme courts.

In Vermont, perhaps the most liberal state in the US, H. Brooke Paige has challenged Obama’s natural born citizen status due to his father being Kenyan/British.

In Alabama, perhaps the most conservative state in the US, Virgil Goode and Hugh McInnish have challenged Obama’s natural born citizen status since no evidence of US birth has been presented. Mike Zullo of the Arpaio investigation has submitted a lengthy affidavit regarding the image placed on WhiteHouse.gov and other records.

We expect a fair proceeding in the AL Supreme Court. The Chief Justice, Roy Moore, is a strong proponent of adhering to the US Constitution and has spoken of the lack of evidence for Obama being eligible.

From Citizen Wells April 1, 2013.

From Attorney Larry Klayman April 2013.

“Obama eligibility appeal in Roy Moore’s court”

“Many cases challenging Barack Obama’s presidential eligibility have come and gone, but now an appeal has been filed with a state Supreme Court led by a newly elected chief justice who has expressed doubt about Obama’s qualification for office.”
 

“Now, 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are asking the state’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.”

“Moore is on the record questioning Obama’s eligibility.

 
In an interview with WND in 2010, he defended Lt. Col Terrence Lakin’s demand that President Obama prove his eligibility as commander in chief as a condition of obeying deployment orders.
 
Moore said he had seen no convincing evidence that Obama is a natural-born citizen and much evidence that suggests he is not.
 
Moore said Lakin “not only has a right to follow his personal convictions under the Constitution, he has a duty.”
 
“And if the authority running the efforts of the war is not a citizen in violation of the Constitution, the order is unlawful,” he said.”
 

https://citizenwells.wordpress.com/2013/04/01/obama-eligibility-appeal-filed-in-judge-roy-moores-alabama-supreme-court-attorney-larry-klayman-secretary-of-state-beth-chapman-failed-to-verify-moore-expressed-doubts-about-obama/

What may surprise you is the hearing that H. Brooke Paige received before the VT Supreme Court on April 23, 2013.

Despite the best efforts of Vermont state attorney Todd Daloz to obfuscate by distorting VT statutes and election responsibilites and Mr. Paige’s standing, some of the justices presented intelligent questions and statements.

I have had several email exchanges and a lengthy phone conversation with H. Brooke Paige. This quote says much:

“Right Now – “its wait and see” here in the Green Mountains. I have great
confidence (for reasons I cannot reveal) that this question will be
adjudicated to a favorable finality.”

Read more:

https://citizenwells.wordpress.com/2013/05/19/vermont-obama-eligibility-challenge-update-may-19-2013-h-brooke-paige-appeal-in-vt-supreme-court-awaiting-decisions-on-multiple-issues-obama-not-natural-born-citizen/

Here is a segment of exchanges between Vermont state attorney Todd Daloz and the supreme court justices.

Vermont Obama eligibility challenge update, May 19, 2013, H. Brooke Paige appeal in VT Supreme Court, Awaiting decisions on multiple issues, Obama not natural born citizen

Vermont Obama eligibility challenge update, May 19, 2013, H. Brooke Paige appeal in VT Supreme Court, Awaiting decisions on multiple issues, Obama not natural born citizen

“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 does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

“Vattel was quoted by US Supreme Court Justice Livingston in THE VENUS, 12 U.S. 8 CRANCH 253 253 (1814)”…Citizen Wells

On May 5, 2013 Citizen Wells reported on the Obama eligibility challenge appealed in the Vermont Supreme Court by H. Brooke Paige.

From the Burlington Free Press April 23, 2013.

“President Barack Obama may be the “de facto” president of the United States, but that doesn’t mean he was elected legally, a former Republican U.S. Senate hopeful told the Vermont Supreme Court on Tuesday.

H. Brooke Paige, appearing without a lawyer before the state’s highest court, said Obama does not meet what the framers of the U.S. Constitution meant when they decreed that a person holding the presidency must be a “natural born citizen.””

https://citizenwells.wordpress.com/2013/05/05/vermont-supreme-court-obama-eligibility-case-obama-not-natural-born-citizen-due-to-foreign-father-h-brooke-paige-vattel-law-of-nations-cited/

On May 7, 2013 Citizen Wells provided analysis of and audio from the VT Supreme Court hearing.

“Standing is a non issue in this case and they damn well know it!

In fact, at least one justice questioned this.

There are at least 3 reasons why H. Brooke Paige has standing.

1. Vermont election statutes clearly give him standing as a voter. Mr. Paige complied with the protocol.

2. Ruling from a lower court, the Superior Court.

3. The Tenth Amendment. If their argument is that the state does not have the power to challenge, then any citizen does.”

https://citizenwells.wordpress.com/2013/05/07/vermont-supreme-court-appeal-on-obama-natural-born-citizen-status-h-brooke-paige-standing-attorney-todd-daloz-flawed-arguments-standing-non-issue-constitution-and-duties-ignored/

On May 7, 2013 Mr. Paige placed the following comment at Citizen Wells.

Dear “Citizen WEIIs”

Thank You for your interest and support! I am well aware of the apparent shortcomings of my “oral argument”. Trust me it is difficult to be on- your “game” with the clock ticking. Oral Argument is really a misnomer as this is actually a “Q and A” affording the Justices the opportunity to seek further information after their through review of the briefs, appendixes( of documents and legal authorities) and the docket of the lower court “the printed case”. It is/was impossible to summarize the 225 years of history and source documents that support my litigation in the 15 minutes afforded each party.

I believe, based upon the Justices’ enquiry, that they had a solid grasp of the six underlying issues that arose as this case proceeded. In addition to the original issue of the candidate(s) constitutional qualification (natural born Citizen[ship]), the following procedural issues arose as the case evolved: 1 – Standing (of the plaintiff), 2 – Jurisdiction (of the Superior Court), 3 – Venue (of the Washington County Court), 4- Political Question, 5 – Mootness. All six issues were thoroughly explored and answered in the Appellants’ Principle and Reply Briefs (over 30,000 words in length – combined) prepared with the expert assistance of Mario Apuzzo, Esq..

As I expressed in my opening statement before the Court, I have proceeded “pro se” out of necessity after an exhaustive search for a qualified Vermont attorney – it was only after every competent member of the Vermont Bar had declined to accept my “engagement” because they did not believe they had the “expertise or resources” to properly prosecute
the case. Regardless of what is ( or has been) said elsewhere, Mario is the patron saint of this “pro se” litigant. Since I first contacted him last June, he has selflessly done everything I required to assist me in properly constructing and presenting my case and I truly believe we have presented evidence, history and law sufficient to allow the Vermont Justices to find favorably as to all six issues.

The Justices treated me and my action with both respect and the attention this important issue deserved . I salute them for having the insight and wisdom to accept the appeal from the lower Court and for allowing it to be presented before the full Court (as opposed to declining to hear the appeal or relegating it to the “rocket docket” !)

Sincerely,
H. Brooke Paige
Appellant/Plaintiff, pro se.”

I responded.

“Mr. Paige.
I am in no way criticizing you.
In fact I admire you for your attempts.
It is my job to ask questions and seek the truth.
If I can be of help, let me know.
Wells”

On May 16 2013, after several email exchanges, I had a lengthy phone conversation with Mr. Paige. It was clear from the onset that he has a solid command of facts regarding the history and laws defining Natural Born Citizen.

Mr. Paige, for example was aware of the Venus Cranch case of 1814 in which Justice Livingstone quoted the  entire 212nd paragraph of Vattel and stated:

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

“The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it…”

This contradicts the Vermont state attorney who attempted to marginalize Vattel’s description of natural born citizen and portray it as antiquated.

From the emails and the phone conversation, Mr Paige stated that he was awaiting decisions from the VT Supreme Court.

“The Vermont Supreme Court is still contemplating their decision on the
issues = there are six: 1. Standing (of the Plaintiff/Appellant) 2.
Jurisdiction (of the VT Superior Court) 3. Venue (of the Washington County
Superior Court in Statewide and national elections) 4. Political Question,
5. Mootness AND 6. the definition of the Constitutional Presidential
Qualification idiom “natural born Citizen”.”
“If I am successful, in all probability the results (especially “nbC” will
be appealed by the Vermont Attorney General or, more probably, another
state seeking to have the issues resolved by SCOTUS = as the incongruity
of the qualification among the states would be considered untenable.

Right Now – “its wait and see” here in the Green Mountains. I have great
confidence (for reasons I cannot reveal) that this question will be
adjudicated to a favorable finality.

If the Court finds against me on the “nbC” issue alone I will appeal to
SCOTUS. If I fail in the other issues, it will be necessity to proceed to
Federal Court first to resolve “due process” violation issues. (I am sure
that you are aware that the “nbC” issue can only be advanced from the
Vermont Court directly to SCOTUS – as Federal Courts are prohibited from
hearing the qualification issue as their involvement would violate the
Constitutional precept of separation of powers).”

“it is important to understand that issues 1-5 have never been
litigated since they were inserted in Vermont Title 17 (the Election Code)
as to a statewide or national election, therefore aside from the “nbC”
issue that is your primary concern – all elements are important to those
following my action within the political, legislative and judicial spheres
here in Vermont.”

Here is link to an excellent article from George Miller presented at Obama Ballot Challenge on May 15, 2013. It contains much of the same dialogue that I had with Mr.Paige as well as many legal documents.

http://obamaballotchallenge.com/newsboy-challenges-illegal-white-house-usurper-obama-via-vermont-supreme-court

Deputy Attorney General James Cole AP phone subpoena, Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud, Eric Holder friend, American public Obama or Saudis being protected?

Deputy Attorney General James Cole AP phone subpoena, Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud, Eric Holder friend, American public Obama or Saudis being protected?

“I will stand with the Muslims should the political winds shift in an ugly direction.”…Barack Obama

“And if all others accepted the lie which the Party imposed

–if all records told the same tale–then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future: who controls the present
controls the past.”…George Orwell, “1984″

“Propaganda must not serve the truth, especially not insofar as it might bring out something favorable for the opponent.”… Adolf Hitler

Deputy Attorney General James Cole was nominated by Barack Obama on December 29, 2010.

James Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud.

From The Examiner June 16, 2010.

“Obama nominee defended Saudi terrorist”

“President Barack Obama’s nominee for the number two spot at the U.S. Justice Department served as a lawyer for the Saudi royals who helped finance the 9-11 terrorist attacks and raked in millions of dollars to “monitor” a collapsed insurance company that got a massive government bailout, according to a Washington, DC watchdog group.

According to public-interest group Judicial Watch, the president’s choice — James Cole — to be Deputy Attorney General believes that the Middle Eastern terrorists, who attacked the World Trade Center and the Pentagon on September 11, 2001, are simply domestic criminals who commit crimes such as rape and murder.

This should concern Americans since, as a ranking official at the Justice Department, Cole would play a lead role in decision-making involving terrorism arrests and prosecutions.

Known as a top criminal defense attorney in Washington, D.C. specializing in white-collar crime, Cole is a longtime friend of Attorney General Eric Holder, who served as deputy of the Justice Department’s Public Integrity Division under Bill Clinton. It was Holder who brokered the deal to release terrorists who bombed office buildings and killed cops in New York City in the 1970s. The deal was made to garner votes for Clinton’s wife who was running for New York’s U.S. Senate seat.

Obama nominated Cole last month and the Senate Judiciary Committee is holding confirmation hearings this week.

Cole has a shady history that contradicts the president’s assertion that “the American people will be well served by his integrity and commitment to the law,” according to Judicial Watch.

Cole represented Saudi Prince Naif bin Abdulaziz Al-Saud when insurance carriers and September 11 survivors sued him and others for financing terrorists. Treasury Department documents provided evidence of extensive financial support for Al-Qaeda and other extremist groups by members of the Saudi royal family and Prince Naif ran the Al Haramain Foundation, a Saudi charity that diverted funds to Al-Qaeda before and after September 11, 2001.”

Read more:

http://www.examiner.com/article/obama-nominee-defended-saudi-terrorist

From the NY Times May 15, 2013.

“Justice Dept. Defends Seizure of Phone Records”

“Attorney General Eric H. Holder Jr. on Tuesday defended the Justice Department’s sweeping seizure of telephone records of Associated Press journalists, describing the article by The A.P. that prompted a criminal investigation as among “the top two or three most serious leaks that I’ve ever seen” in a 35-year career.

“It put the American people at risk, and that is not hyperbole,” he said in an apparent reference to an article on May 7, 2012, that disclosed the foiling of a terrorist plot by Al Qaeda’s branch in Yemen to bomb an airliner. “And trying to determine who was responsible for that, I think, required very aggressive action.”

In a statement in response, The A.P.’s president and chief executive, Gary Pruitt, disputed that the publication of the article endangered security.

“We held that story until the government assured us that the national security concerns had passed,” he said. “Indeed, the White House was preparing to publicly announce that the bomb plot had been foiled.” Mr. Pruitt said the article was important in part because it refuted White House claims that there had been no Qaeda plots around the first anniversary of the killing of Osama bin Laden.

At a news conference at the Justice Department, Mr. Holder also disclosed that he recused himself last year from overseeing the case after F.B.I. agents interviewed him as part of their investigation. His deputy, James M. Cole, approved the subpoena seeking call records for 20 office and personal phone lines of A.P. reporters and editors.

Mr. Pruitt disclosed the seizure of the phone records on Monday in a letter to Mr. Holder protesting the action as overly broad and “a serious interference with A.P.’s constitutional rights to gather and report the news.”

But in a letter to The A.P. on Tuesday, Mr. Cole portrayed the search as justified and disputed a detail in the wire service’s account of the Justice Department action. While the news organization had said that records from “a full two-month period” had been taken, Mr. Cole said that the seizure covered only “a portion” of two calendar months.

“We understand your position that these subpoenas should have been more narrowly drawn, but in fact, consistent with Department policy, the subpoenas were limited in both time and scope,” he wrote. He added that “there was a basis to believe the numbers were associated with A.P. personnel involved in the reporting of classified information. The subpoenas were limited to a reasonable period of time and did not seek the content of any calls.””

“Lucy Dalglish, dean of the journalism school at the University of Maryland, criticized the Justice Department’s broad seizure of phone records, saying it would chill the ability of reporters to report the news. The subpoena came against the backdrop of six prosecutions of officials in leak-related cases under President Obama — twice the number prosecuted under all previous presidents combined.

“The message is loud and clear that if you work for the federal government and talk to a reporter that we will find you,” she said.”

http://www.nytimes.com/2013/05/15/us/politics/attorney-general-defends-seizure-of-journalists-phone-records.html?pagewanted=1&_r=1&

We now know from the Benghazi talking point memos that references to Islamic extremists with ties to Al-Qa’ida was scrubbed by the Obama Administration.

So who was Mr. Cole protecting?

The american public, Obama or the Saudis?

Vermont Supreme Court appeal on Obama natural born citizen status, H. Brooke Paige standing, Attorney Todd Daloz flawed arguments, Standing non issue, Constitution and duties ignored

Vermont Supreme Court appeal on Obama natural born citizen status, H. Brooke Paige standing, Attorney Todd Daloz flawed arguments, Standing non issue, Constitution and duties ignored

“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 does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

“The Elections division protects the integrity of campaigning and elections in Vermont.”…Vermont Secretary of State website

H. Brooke Paige, whose case challenging Obama’s natural born citizen deficiency was rejected by Washington Superior Court Judge Robert Bent on November 2012, appealed his case before the following Vermont Supreme Court Justices on April 23, 2013.

Honorable Paul Reiber, Chief Justice
Honorable John Dooley, Associate Justice
Honorable Marilyn Skoglund, Associate Justice
Honorable Brian Burgess, Associate Justice
Honorable Beth Robinson, Associate Justice

Assistant Attorney General Todd Daloz represented Secretary of State James Condos.

The issue of standing dominated the hearing. Mr. Paige presented a clear definition of natural born citizen. His documentation was minimal. A further analysis of his argument will be provided later.

It is clear that the majority of citizens, including judges, attorneys and politicians do not understand what a Natural Born Citizen is as included in the
Constitution for presidential eligibility.

It is furthermore clear that status quo is passing the buck instead of fulfilling implied and explicit constitutional duties.

It is also clear that Secretary of State James Condos and other secretaries of state and election officials, when confronted by similar challenges about natural born citizen status should have requested clarification from their Attorney Generals and the courts.

Courts have shirked their responsibility, from the US Supreme Court to the state courts.

Marbury v Madison makes this clear.

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?

Assistant Attorney General Todd Daloz makes the argument that Secretary of State James Condos has no power or duty to vet a candidate.

Oh really?

The states are responsible for the primaries, general election and events leading up to the Electoral College vote.

US Constitution
Article II
Section 1

“Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and
Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under
the United States, shall be appointed an elector.”

Manner of voting

§ 8. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.

All state election officials swear an oath to uphold or defend the US Constitution.

Article VI of the US Constitution.

“The Senators and Representatives before mentioned, and the Members of the several State Legislators, and all executive and judicial Officers, both of the
United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;”

Some states explicitly provide for challenges by the secretary of state.

GEORGIA CODE
“*** Current Through the 2012 Regular Session ***

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

O.C.G.A. § 21-2-5 (2012)

§ 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.”

Explicit or implied,

Secretary of State James Condos took an oath to uphold the US Constitution.

One of the justices asked if all of the state election officials should be required to vet all of the candidates. That was not the question at hand.

In this case, the Vermont Secretary of State was notified of the problem and refused to act.

Once again, an American courtroom, despite the caution from Marybury v Madison, shirked their duty and tried their best to make this about standing.

Standing is a non issue in this case and they damn well know it!

In fact, at least one justice questioned this.

There are at least 3 reasons why H. Brooke Paige has standing.

1. Vermont election statutes clearly give him standing as a voter. Mr. Paige complied with the protocol.

2. Ruling from a lower court, the Superior Court.

3. The Tenth Amendment. If their argument is that the state does not have the power to challenge, then any citizen does.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the
people.

Attorney Daloz tries to obfuscate and minimize the VT elections statutes in regard to Mr. Paige having standing.

Quite the contrary. They are crystal clear.

§ 2603. Contest of elections

“(a) The result of an election for any office, other than for the general assembly, or public question may be contested by any legal voter entitled to vote on the office or public question to be contested.

(b) A contest is initiated by filing a complaint with a superior court alleging:

(1) that errors were committed in the conduct of the election or in count or return of votes, sufficient to change the ultimate result;

(2) that there was fraud in the electoral process, sufficient to change the ultimate result; or

(3) that for any other reason, the result of the election is not valid.

(c) The complaint shall be filed within 15 days after the election in question, or if there is a recount, within 10 days after the court issues its judgment on the recount. In the case of candidates for state or congressional office, for a presidential election, or for a statewide public question, the complaint shall be filed with the superior court, Washington County. In the case of any other candidate or public question, the complaint shall be filed with the superior court in any county in which votes were cast for the office or question being challenged.

(d) The Vermont Rules of Civil Procedure shall apply to contests of elections, except that such cases shall be placed upon a special calendar, and hearings shall be scheduled on a priority basis, as public policy demands that such questions be resolved promptly.

(e) After hearing, the court shall issue findings of fact and a judgment, which shall supersede any certificate of election previously issued. If the court finds just cause, the court shall grant appropriate relief, which may include, without limitation, ordering a recount, or ordering a new election. If during the hearing the court receives credible evidence of criminal conduct, the court shall order a transcript of all or part of the testimony to be forwarded to the proper state’s attorney. If a new election is ordered, the court shall set a date for it, after consulting with the secretary of state; in ordering a new election, the court shall have authority to issue appropriate orders, either to provide for special cases not covered by law, or to supersede provisions of law which may conflict with the needs of the particular situation.

(f) The court shall send a certified copy of its findings of fact and judgment to the secretary of state.”

Here are segments from the court proceedings that relate to Mr. Paige’s argument and compliance and attorney Daloz attempting to prove that Mr. Paige has no standing. Attorney Daloz even further tries to dilute the standing issue by implying that congress should be the arbiter. The states control the election process until the certification of the electoral votes by congress. Only then can congress question eligibility. They have failed to do so.

The entire proceedings can be heard here.

Mr. Paige’s inaccurate statements about Obama’s birth certificate will for the moment be assumed to be based on ignorance and not agenda. This will be explored later.

No proof Obama born in Hawaii, Whitehouse.gov image proves nothing, Sheriff Arpaio investigation found fraud, Judge Parker Alabama Supreme Court no evidence Obama natural born citizen

No proof Obama born in Hawaii, Whitehouse.gov image proves nothing, Sheriff Arpaio investigation found fraud, Judge Parker Alabama Supreme Court no evidence Obama natural born citizen

“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 does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

“When asked where I believe Obama was born I answer, I don’t know. There is zero proof he was born in Hawaii. The only evidence of his birth location that we have is much circumstantial evidence and that points to Kenya.”…Citizen Wells

 

There is zero legitimate evidence that Obama was born in Hawaii.

Here is the reason.

A person can be born elsewhere and obtain a “birth certificate” in Hawaii that is recognized as legal in that state. Look it up for yourself.

The image placed on Whitehouse.gov is not the kind most of us are used to seeing. Instead of an embossed stamp and certification that this is an official copy, this image has the following at the bottom:

WhiteHouseGovAbstractVerbage

The phrase “or abstract” disqualifies this as proof positive of being an image of an original.

The Sheriff Joe Arpaio investigation indicates it is worse than that.

From WND May 5, 2013.

“Sheriff Joe injects new life into Obama eligibility”

“A week ago, Democrats quoted late-night comedian Jimmy Kimmel in their demand that a challenge to Barack Obama’s eligibility to be president be dismissed.

Now, those raising questions about Obama say they are bringing in professional law-enforcement investigators to shed light on the dispute.

It comes in a case brought by attorney Larry Klayman in which 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are seeking to force Alabama Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.

The case, dismissed at a lower level, is now being appealed to the Alabama Supreme Court, where strict constitutionalist Roy Moore was elected chief justice last November. The case becomes all the more intriguing because Moore is on record previously questioning Obama’s constitutional eligibility to serve as president.

Last week, the Democratic Party insisted, “In order for one to accept the claim that President Obama’s birth certificate is a forgery [and that he is ineligible], one has to buy into a conspiracy theory so vast and byzantine that it sincerely taxes the imagination of reasonable minds.”

The document scoffs at “birthers” as a “tiny cabal of zealots” and quotes late-night comedian Jimmy Kimmel – not widely recognized as a constitutional expert – to make its case: “These people could have personally witnessed Obama being born out of an apple pie, in the middle of a Kansas wheat field, while Toby Keith sang the National Anthem – and they’d still think he was a Kenyan Muslim.”

Now several blogs whose authors have been documenting the back and forth of the long-running dispute over Obama’s birth place, time – and subsequent eligibility to be president – confirm that Sheriff Joe Arpaio of Maricopa County, Ariz., and his special Cold Case team lead investigator Mike Zullo will be providing evidence in the arguments.

Arpaio is one of few law enforcement authorities to look into the issue, and he launched his formal Cold Case Posse investigation into Obama’s qualifications at the request of his constituents. Already, Arpaio and Zullo have confirmed that evidence shows the birth documentation released by Obama as proof of his birth in Hawaii is fraudulent.

Their investigation has continued under the radar, and now Cmdr. Charles Kerchner, who brought one of the first legal challenges against Obama during his first term, confirmed that Arizona’s officials will be assisting with evidence in the pending question before the Alabama Supreme Court.

On the site, Zullo is quoted saying, “We recently discovered new irrefutable evidence, which confirms, hands down, the document is a fraud.””

Read more:

http://www.wnd.com/2013/05/sheriff-joe-injects-new-life-into-obama-eligibility/#cK5D6lWwd2q6E11t.99

Vermont Supreme Court Obama eligibility case, Obama not natural born citizen due to foreign father, H. Brooke Paige, Vattel Law of Nations cited

Vermont Supreme Court Obama eligibility case, Obama not natural born citizen due to foreign father, H. Brooke Paige, Vattel Law of Nations cited

“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

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

From the Burlington Free Press April 23, 2013.

“Vt. Supreme Court hears case challenging legality of Barack Obama’s run for re-election”

“President Barack Obama may be the “de facto” president of the United States, but that doesn’t mean he was elected legally, a former Republican U.S. Senate hopeful told the Vermont Supreme Court on Tuesday.

H. Brooke Paige, appearing without a lawyer before the state’s highest court, said Obama does not meet what the framers of the U.S. Constitution meant when they decreed that a person holding the presidency must be a “natural born citizen.”

Paige has contended historical papers that the framers relied on at the time the Constitution was written indicated a natural-born citizen was someone who was born of parents who were both American citizens. Obama’s father, now deceased, was a citizen of Kenya.

The argument was rejected by Washington Superior Court Judge Robert Bent in a ruling in November. Bent, in a seven-page decision, said Paige had no real proof to support his definition of the term natural-born citizen.

Paige, of the town of Washington, appealed to decision to the high court. At Tuesday’s hearing he told the justices he was not challenging Obama’s citizenship, as the so-called “birthers” group has contended.

“Don’t pay any attention to them,” he told the justices. “The birther argument is just a sheer flight of fancy.”

Obama, who was named in Paige’s original lawsuit, was not represented at Tuesday’s hearing. Paige said he was unable to get anyone to successfully serve Obama with his lawsuit, a predicament Justice John Dooley said concerned him.

“How can the court issue an order when he is not a party to the case,” Dooley asked. Paige said Obama “chose not to be present” and that copies of all of the filings in the case had been sent by registered mail to the White House.”

“As the hearing ended, Paige called out to the justices and began walking toward them as they were departing the courtroom, hoping to give each of them copies of “The Law of Nations,” the 867-page book first published in 1773 by Emer de Vattel.

Paige has claimed the framers relied on “The Law of Nations” when they inserted the term natural born citizens into the Constitution as a presidential requirement.”

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=2013304230018&nclick_check=1

The media and the Obama camp have striven to obfuscate the eligibility issue  and malign anyone questioning Obama. Therefore it comes as no surprise that Mr. Paige ( or possibly the reporter ) made several inaccurate statements.

First of all, no one is questioning Obama’s citizenship. After all, we will give that to anyone.

It is the Natural Born Citizen requirement for the presidency that is the concern. Mr. Paige accurately questions Obama’s status because he did not have 2 US citizen parents.

The other concern is Obama’s birthplace, which has not yet been proven. The Sheriff Joe Arpaio investigation is moving forward with evidence that the purported birth certificate image placed on Whitehouse.gov is fraudulent. It is believed that they will cooperate in a pending Alabama Supreme Court case.

Glenn Beck exposes gun lies on April 30 2013 radio show, Glenn Beck book Control, Exposing the Truth About Guns, Obama left gun statistics lies, US not highest crime country

Glenn Beck exposes gun lies on April 30 2013 radio show, Glenn Beck book Control, Exposing the Truth About Guns, Obama left gun statistics lies, US not highest crime country

“The problem occurs, sir, in those areas precisely where we have said ‘no guns.’ The problem doesn’t occur where the guns are allowed freely to be carried to be used by people. There we have very low murder rates.”…Larry Pratt

“Weaker people, whether at school, at home or elsewhere are best protected from stronger people, with ill intent, by guns and proper security measures.”…Citizen Wells

“Germans who wish to use firearms should join the SS or the SA – ordinary citizens don’t need guns, as their having guns doesn’t serve the State.”…Heinrich Himmler

Obama, the left and the media have been involved in their self serving agenda of spreading lies about guns and the crime rate in the US. A reasonable, rational citizen paying attention should be able to see through this.

Here are a few self evident truths:

Criminals always get guns, knives, bombs or other weapons.

A stronger person or group of people can overpower a weaker person. Rapes for example are often a case of a stronger male overpowering a female using no gun.

Security must be a priority and doesn’t always require being armed with guns.

The Sandy Hook massacre was not the result of insufficient gun control. It was a lack of security. Security was not a priority. And yes, by law, they could have been armed.

What may not be so self evident is the fact that in the US and many locales, increased gun ownership has resulted in lower crime rates. And of course the opposite is true. Places like Chicago, with some of the strictest gun laws, have seen crime rates go up. And in the case of Chicago, hundreds of school age children being harmed.

Another one of the big lies is about the US having the highest crime rates of major countries.

From Political Outcast January 12, 2013.

“England’s Crime Rate Nearly Four Times Higher than United States”

I’ll give Piers Morgan credit for one thing: He’s not afraid to interview people who have strong disagreements with him. He’s giving them a platform for views that rarely see the light of day on liberal networks.

He had Alex Jones of InfoWars on a few nights ago. While Jones was a little over the top, he didn’t roll over for Morgan. Too many conservatives want to be friends with the media as if their agreeable style will somehow endear them to the liberal media establishment. It will never, never, never happen.

Morgan also had Larry Pratt of Gun Owners of America on. Don’t mess with Larry Pratt. He comes to interviews prepared, and he’s a lot more measured and calm than Jones. In his December 19, 2012 interview, Pratt had said that “evil’s in our hearts. Not in the guns.” That’s probably the first time the secularist Morgan ever heard that before. Of course, it’s true. Good people, or at least people who work hard to say no to evil thoughts and desires, do not murder people. When some usually good person “snaps,” the snapping is the evil in them (James 1:13–15; Mark 7:14–15).

Pratt went on to say to Morgan in the interview:

“The problem occurs, sir, in those areas precisely where we have said ‘no guns.’ The problem doesn’t occur where the guns are allowed freely to be carried to be used by people. There we have very low murder rates.”

“Analysis of figures from the European Commission showed a 77 per cent increase in murders, robberies, assaults and sexual offences in the UK since [the] Labour [Party] came to power.

The total number of violent offences recorded compared to population is higher than any other country in Europe, as well as America, Canada, Australia and South Africa.

“The UK had a greater number of murders in 2007 than any other EU country — 927 — and at a relative rate higher than most western European neighbours, including France, Germany, Italy and Spain.

It gets worse. “Overall, 5.4 million crimes were recorded in the UK in 2007 — more than 10 a minute — second only to Sweden. . . . It means there are over 2,000 crimes recorded per 100,000 population in the UK, making it the most violent place in Europe.”

Great Britain’s crime rate is nearly four times that of the United States. “By comparison, America has an estimated rate of 466 violent crimes per 100,000 population.”

Read more:

http://politicaloutcast.com/2013/01/englands-crime-rate-nearly-four-times-higher-than-united-states/#ixzz2HrnwE4MO

Glenn Beck on his April 30, 2013 radio show quoted chapters from his new book “Control, Exposing the Truth About Guns.” Beck does an excellent job of exposing the lies from the media and left on gun statistics. Listen to the Glenn Beck segment here.

Arpaio Obama investigator Mike Zullo, April 5, 2013, Carl Gallups radio interview, Criminal investigation moving forward, Obama birth certificate fraudulent

Arpaio Obama investigator Mike Zullo, April 5, 2013, Carl Gallups radio interview, Criminal investigation moving forward, Obama birth certificate fraudulent

“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

“Barack Obama, show me the college loans.”…Citizen Wells

“Freedom is the freedom to say that two plus two make four. If that is granted, all else follows.”…George Orwell, “1984″

Mike Zullo was interviewed and answered questions from Callers on the Carl Gallups radio show on April 5, 2013.

One of the topics that Zullo most responded to and elaborated on was the massive effort by the Obama camp to attempt to discredit anyone questioning Obama and his records. This, along with threats, is why so many “conservatives” in the media and in office shy away from joining in.

Both Mike Zullo and Carl Gallups spoke about RINOs who had backed down because of fear of ridicule or attack.

One caller mentioned John Woodman, a supposed conservative and author, who had offered to help the Arpaio investigation. Zullo echoed what was reported here about Woodman. Woodman is another example of misinformation and someone being touted as an expert when they are not.

When asked about joining forces with Orly Taitz and others Zullo reminded us that his is a criminal investigaiton, with a higher standard of evidence and could not be combined with civil cases. He used the example of the OJ Simpson trials, criminal vs civil.

From Citizen Wells September 2, 2011.

“John Woodman has written and published a book titled “Is Barack Obama’s Birth Certificate a Fraud?”.”

“The correct description and one that I have adhered to when writing about it is:

Is the image placed on WhiteHouse.gov a photostatic copy of a legitimate long form birth certificate for Obama proving birth in Hawaii?

The difference between these 2 statements is crucial in determining the truth.

Why is this important?

1. An image was placed on WhiteHouse.gov with absolutely no proof of chain of document, one that with a cursory examination is highly suspect. Even if proven to have come from the Hawaii Department of Health, it may simply be an abstract.

2. The Hawaii statutes in 1961 and today allow for a birth certificate for a non Hawaiian birth.

Mr. Woodman makes the following “hasty conclusion” or over generalization on Page 205 of his book:

“How Do The Experts Score?”

“So why do the “for’s” at this point, outnumber the against’s?”
Part of the answer is that a few of the individuals in the “for” group have experience and points of view that may not be adequate for, or not quite applicable to, the task. One is a teenager; one is mostly a business owner; another is mostly a financial specialist; one is a writer of non-technical books.

Another is a typographer working with distorted fonts.”

So business owners are incapable of analysis and drawing proper conclusions? This reminds me of the classic attitude of the left and so called intellectuals.

Mr. Woodman, I am uniquely qualified to offer my analysis.

Some of Mr. Woodman’s assertions are wrong or misleading.

From Page 207:

“Dr. Corsi has publicly promoted, either in writing or on the radio, at least twenty-three evidence-of-fraud theories that we cover in this book.
In writing and speaking about his own theories as well as those of others, he has publicly identified the following as potential indicators of fraud:

the nature of the layers
alleged editing of items on the certificate
the white halo
the duplicated characters
the date stamps
the “scanner with x-ray vision
the altered PDF posted at archiveindex.com by Doug Vogt
the supposed kerning
comparison with the “African birth” forgery
the supposed lack of text curvature
the apparent lack of a seal
the alignment of Ann Dunham Obama’s signature
the supposed existence of “hidden text”
the idea that a different document exists
the out-of-sequence birth certificate number
Paul Irey’s theory of different typefaces
the supposed misspelling of the word “THE”
the supposed “smiley face” in the signature stamp
the supposed record of the forger’s initials
the supposed lack of hospital records for Mrs. Obama
the discrepancy in Barack Obama, Sr,’s age
the allegations by Tim Adams
and the idea that Governor Abercrombie had stated that no birth certificate existed.

As we have seen, not a single one of these twenty-three alleged indicators or “proofs” that the document is a fraud or invalid really holds up under close examination..
Not one.”

Semantics! If we strictly look at only the image on WhiteHouse.gov as being tampered with, then perhaps Mr. Woodman can get away with this, although it makes me question his motives. Some of the items above are certainly open to inspection and questioning. However, if our objective is to ascertain whether or not the image represents a legitimate birth certificate, then Tim Adams affidavit and Governor Abercrombie’s statements are highly relevant. And has Mr. Woodman viewed any hospital records for Stanley and little Obama?

On page 217 Mr. Woodman states:

“Also weighing against the idea of a forgery is the fact that any conspiracy  would need to involve:

high officials in Hawaii state government (most likely, stretching across two gubernatorial administrations of both parties)

lower-level Department of Health staff.

probably at least one official from the White House

most likely some intelligence agency personnel

and Barack Obama himself.

As the number of people required for the conspiracy to work goes up, the likelihood of a successful conspiracy goes down.
Nonetheless, I will admit that it’s possible to believe that a fraud has been committed.”

Tim Adams, documented as having worked in the Honolulu elections office in 2008, has signed an affidavit stating that there was no birth certificate for Obama in Hawaii than and that it was common knowledge. Governor Abercrombie stated that he could find no birth certifcate for Obama. Only a notation.

Tim Adams and Governor Abercrombie may not relate to the image being a fraud, but they certainly do to Obama being one.

Mr. Woodman spends much of his efforts trying to debunk the layers and anomalies pointed out by others. He may be correct about some of his assertions. His explanation for most of this is a software program. By doing so, he is in fact proving that the image is not a photostatic copy.

He further compares the image to that of certified copies for the Nordyke twins. He states that they are from the same type of forms. However, the biggest difference between the 2 images is that the Nordyke twins certificates have a stamped seal and verbage that states:

“This certifies that the above is a true and correct copy of the original record on file.”

The WhiteHouse.com image has the following:

“I certify this is a true copy or abstract of the record on file in the Hawaii State Department of health.”  Alvin T. Onaki, Ph.D.

Abstract: “The term abstract is subject to different meanings, but in a legal sense, it refers to an abbreviated history of an official record

Read more:

https://citizenwells.wordpress.com/2011/09/02/john-woodman-book-is-barack-obamas-birth-certificate-a-fraud-citizen-wells-analysis-and-review-another-messenger-shooter-woodmans-motivation/

Alabama Supreme Court ruling on Obama eligibility, Attorney Larry Klayman appeal, Obama natural born citizen status questioned, AL Supreme Court all Republican, Constitution upheld?

Alabama Supreme Court ruling on Obama eligibility, Attorney Larry Klayman appeal, Obama natural born citizen status questioned, AL Supreme Court all Republican, Constitution upheld?

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

 

Attorney Larry Klayman has filed an appeal with the Alabama Supreme Court regarding the failure of Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.

“Roy Moore was elected chief justice of the Alabama Supreme Court last November, a decade after he defied a federal order to remove a Ten Commandments monument from the state Supreme Court building.

 Now, 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are asking the state’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.
Attorney Larry Klayman, founder of the Washington, D.C.-watch dog Judicial Watch and now head of Freedom Watch, filed the appeal Tuesday with the Alabama Supreme Court, asking for oral arguments.”
Read more:
All members of the AL Supreme Court are Republican.
Does this mean that the US Constitution will be followed and upheld?
Here is the makeup of the court.

“Founded in 1819 as provided in the state constitution, the Alabama Supreme Court is the state’s court of last resort.

Justices

The current justices of the court are:

Judge Term Appointed by Party
Chief Justice Roy Moore 2001-2003; 2013-2018 Republican
Justice Lyn Stuart 2000-2018 Republican
Justice Michael Bolin 2005-2016 Republican
Justice Tom Parker 2004-2016 Republican
Justice Glenn Murdock 2006-2018 Republican
Justice Greg Shaw 2008-2014 Republican
Justice Kelli Wise 2011-2016 Republican
Justice Tommy Bryan 2013-2018 Republican
Justice James Allen Main 2011-2018 Gov. Bob Riley Republican

Jurisdiction

The Supreme Court has jurisdiction to review the decisions reached by lower courts within the state. It is also authorized to review matters of contention where the dollar amount in question exceeds $50,000 (if no other Alabama court has jurisdiction), review cases over which no other state court has jurisdiction, and appeals from the Alabama Public Service Commission. The Supreme Court has a supervisory role over the other courts in the state and is charged with making rules governing administration, practice and procedure in all courts.”

Read more:

http://judgepedia.org/index.php/Alabama_Supreme_Court

Chief Justice

Chief Justice

Roy S. Moore

2013 – Present

Alabama Judicial System Appellate Courts Supreme Court of Alabama Chief Justice Moore

Chief Justice Roy S. Moore graduated from Etowah High School in Attalla, Alabama, in 1965, and from the U.S. Military Academy at West Point in 1969. He served in the U.S. Army as a company commander with the Military Police Corps in Vietnam. Chief Justice Moore completed his Juris Doctor degree from the University of Alabama School of Law in 1977.

During his legal career, Chief Justice Moore became the first full-time Deputy District Attorney in Etowah County, Alabama, and served in this position from 1977 until 1982. In 1984, Chief Justice Moore undertook private practice of law in Gadsden, Alabama.

In 1992, Chief Justice Moore became a judge of the Sixteenth Judicial Circuit of Alabama and served until his election as Chief Justice of the Alabama Supreme Court in 2000. In 2003, Chief Justice Moore was removed from his position by a judicial panel for refusing to remove a Ten Commandments monument that he installed in the rotunda of the Alabama Judicial Building to acknowledge the sovereignty of God.

From 2003 until 2012, Chief Justice Moore served as President of the Foundation for Moral Law in Montgomery, speaking throughout the Country and filing amicus curiae briefs regarding the United States Constitution in Federal District Courts, State Supreme Courts, U.S. Courts of Appeal and the United States Supreme Court.

Chief Justice Moore was overwhelmingly re-elected by a vote of the people of Alabama as Chief Justice in November of 2012 and took office in January of 2013.

Chief Justice Moore and his wife Kayla have four children and three grandchildren. They are members of First Baptist Church in Gallant, Alabama.

Associate Justice

Lyn Stuart , Associate Justice

Lyn Stuart

2001 – Present

Lyn Stuart is a native of Atmore, Alabama, attended public schools and graduated from Escambia County High School. She received a Bachelor of Arts degree in Sociology and Education from Auburn University with high honor in 1977 and her Juris Doctorate degree from The University of Alabama School of Law in 1980. She served as Secretary of the Student Bar Association, was a member of the John A. Campbell Moot Court Board and received the Dean’s Service Award at graduation

Upon graduation from law school Justice Stuart worked as an Assistant Attorney General for the State of Alabama under former Attorney General Charles Graddick. She also served as Executive Assistant to the Commissioner and Special Assistant Attorney General for the State Department of Corrections. Upon moving to Baldwin County, she became an Assistant District Attorney for Baldwin County on the staff of District Attorney David Whetstone.

In 1988, she was elected District Judge, and was re-elected in 1994. Governor Fob James appointed Justice Stuart to the Circuit bench in January 1997. She was elected, without opposition, to a six year term in 1998.

Justice Stuart was invited and served as a Faculty Advisor at the National Judicial College in Reno, Nevada. She is a past president of the Alabama Council of Juvenile and Family Court Judges. She has served as a national speaker for the National Council of Juvenile and Family Court Judges, training judges and other professionals on the handling of child abuse and neglect cases. She served as President of the Blue Ridge Institute for Juvenile and Family Court Judges in 2002.

Justice Stuart and her husband, George, have two sons, Tucker and Shepard, and a daughter, Kelly. She is a member and past president of several civic organizations: the Heritage Junior Women’s Club, the Bay Minette Kiwanis Club; and the Jubilee Woman’s Club. She serves on the Board of Directors of the Alabama Federation of Women’s Clubs. Lyn and George are members of the First United Methodist Church of Bay Minette, where Lyn has served as a member of the Administrative Board and the Board of Trustees, and teaches a young adult Sunday School class.

Associate Justice

Michael F. Bolin , Associate Justice

Michael F. Bolin

2005 – Present

Michael F. Bolin was born in, and a lifetime resident of, Jefferson County, Alabama. He attended elementary school in Birmingham, being accepted into the first magnet school for scholastic achievement. He then attended Homewood Junior High School, and graduated from Shades Valley High School in 1966 as a member of the National Honor Society. In 1970, he received his B.S. in Business Administration from Samford University. In 1973, he received his J.D. from Cumberland School of Law, graduating cum laude. At Cumberland, he was on the Dean’s List and served as Associate Editor of the Cumberland-Samford Law Review. He was later inducted into Curia Honors, Cumberland’s leadership and honor society.

Justice Bolin was a practicing attorney in Birmingham from 1973 through 1988, when he was elected as Probate Judge of Jefferson County. He was re-elected to that position in 1994 and 2000. He served in that position until his election to the Alabama Supreme Court in 2004, and began serving as an Associate Justice in January 2005.

Justice Bolin was active in the Alabama Probate Judges Association, serving as chairman of various association committees. He was elected by his peers as President, Secretary, and Treasurer of the Probate Judges Association. He served on the Children’s Code Committee, Probate Procedures Committee, Adoption Committee, and Paternity Committee of the Alabama Law Institute. He authored the Putative Father Registry law in Alabama, which protects the rights of all parties in adoption proceedings. He received the national award from the “Angels of Adoption” organization in Washington, D.C. in 2000 for his service to adoptive families. He additionally served as Chief Election Official, Chairman of the Alabama Electronic Voting Committee, and as Vice Chairman of the Governor’s Commission on Consolidation, Efficiency, and Funding in 2003. He is a member of the Vestavia-Hoover Kiwanis Club.

Justice Bolin and his wife, Rosemary, have one daughter, Leigh Anne. They attend St. Peter the Apostle Church in Hoover.

Associate Justice


Tom Parker , Associate Justice

Tom Parker

2005 – Present

Justice Tom Parker was first elected to the Alabama Supreme Court in 2004 and then re-elected in 2010.

He previously was the Deputy Administrative Director of Courts, where he served as General Counsel for the Alabama court system, advising trial court judges, and as the Director of the Alabama Judicial College, providing training for new judges and continuing legal education for all the trial judges in Alabama.  He also served as the Legal Adviser to the Chief Justice.

Parker graduated cum laude from Dartmouth College, in Hanover, New Hampshire, and received his Juris Doctorate from Vanderbilt University School of Law, in Nashville, Tennessee.  He won a Rotary International Fellowship to study law at the University of Sao Paulo School of Law, in Sao Paulo, Brazil, where he was the first foreign student in Brazil’s most prestigious law school.

Justice Parker served in the Alabama Attorney General’s Office under then Alabama Attorneys General Jeff Sessions and Bill Pryor.  As an Assistant Attorney General, he handled death penalty cases, criminal appeals, and constitutional litigation.  He has extensive experience in writing appellate briefs and with oral arguments before the Supreme Court and the Court of Criminal Appeals.  Previously, he was a partner in Parker & Kotouc, P.C., a Montgomery law firm that handled many high-profile constitutional cases.

Tom Parker was founding Executive Director of the Alabama Family Alliance (now the Alabama Policy Institute) and, later, the founding Executive Director for the Alabama Family Advocates, which were state organizations associated with Dr. James Dobson and Focus on the Family.  He lobbied for family values in the Alabama Legislature.  Parker has appeared on Focus on the Family, with Dr. James Dobson, The 700 Club, with Dr. Pat Robertson, the McNeil-Leher News Hour, For the Record, and numerous radio programs around the country.

Justice Parker is a Montgomery native — the son of the late Tommy Parker and Gloria Parker Pennington, and the step-son of the late Harry L. Pennington of Huntsville.  He was elected Student Body President at Montgomery’s Sidney Lanier High School and Speaker of the House of both YMCA Youth Legislature and Boys’ State.

Justice Parker and his wife, the former Dottie James of Auburn, have been married for 31 years. Dottie served as Supervisor of the Alabama Governor’s Mansion during the administration of Alabama Governor Fob James.  They are members of Frazer Memorial United Methodist Church.

Associate Justice

Glenn Murdock , Associate Justice

Glenn Murdock

2007 – Present

Glenn Murdock was born in Enterprise, Alabama, on June 25, 1956. He is the oldest of three children of Billy A. Murdock and the late Marita Huey Murdock.

After graduating from Enterprise High School in 1974, Justice Murdock attended The University of Alabama, where he served as Student Government Vice President. He graduated Phi Beta Kappa and summa cum laude in 1978, with a Bachelor of Arts degree in Political Science and Economics. He received his Juris Doctorate degree in 1981 from the University of Virginia Law School.

Upon returning to Alabama, Justice Murdock served for a year as a law clerk to the late Clarence W. Allgood, United District Judge for the Northern District of Alabama. Thereafter, he engaged in private practice, emphasizing commercial, constitutional, and election law. He also served as in-house counsel to a national corporation and as a State Administrative Law Judge. His practice included cases before the state and federal courts of Alabama, as well as the Eleventh Circuit Court of Appeals. In 1994 and 1995, he served as an attorney to The Honorable Perry O. Hooper, Sr., in the successful year-long federal court litigation to establish the lawful winner of the 1994 Alabama Chief Justice election.

In 2000, Justice Murdock was elected to the Alabama Court of Civil Appeals, where he served from January 2001 to January 2007. He was elected to the Alabama Supreme Court in 2006 and began serving on that Court in January 2007.

Justice Murdock has been married for 30 years to the former Margaret Gilchrist of Hartselle, Alabama. They have three children and they are active members of Covenant Presbyterian Church of Birmingham. Justice Murdock is a member of the Rotary Club of Birmingham and the Birmingham and American Bar Associations.

Associate Justice

Greg Shaw , Associate Justice

Greg Shaw

2009 – Present
Court of Criminal Appeals
2001 – 2009

Justice James Gregory “Greg” Shaw, the son of James Hubert and Ruth Cooper Shaw, was born in 1957 and raised in Birmingham, where he graduated from Banks High School. The Shaw family roots extend into neighboring Shelby County, where his father, a retired businessman and a long-time member of the KeyMasters Gospel Quartet, was born and raised. To this day, the Shaw family name in Alabama is synonymous with great gospel singing.

Justice Shaw graduated from Auburn University in 1979, receiving a B.S. degree with a major in Chemistry. He is married to S. Samantha “Sam” Shaw, the daughter of June Daly Slimp and the late William M. Slimp of Homewood. Justice Shaw met Sam while at Auburn, and they married in August 1980, just before Justice Shaw’s second year of law school. Sam was elected Alabama’s State Auditor in 2006.

In 1982, Justice Shaw graduated in the top 10% of his class from Samford University’s Cumberland School of Law. While at Cumberland, he received the American Jurisprudence Award for excellence in the study of evidence under Professor Charles Gamble, the author of the preeminent evidence treatise in Alabama.

After his admission to the Alabama State Bar in 1982, Justice Shaw worked with a small law firm in St. Clair County. He later started his own general law practice in Birmingham. In the fall of 1984, Justice Shaw joined the staff of Supreme Court Associate Justice Janie L. Shores and moved to Montgomery. After serving as Justice Shores’s staff attorney for one year, he joined the staff of Supreme Court Associate Justice James Gorman Houston, Jr., in the fall of 1985, where he served as Justice Houston’s senior staff attorney for over 15 years. Justice Shaw was elected to the Alabama Court of Criminal Appeals in 2000 and was reelected to that Court in 2006. On March 16, 2007, Justice Shaw was appointed Chief Judge of the Alabama Court of the Judiciary. Justice Shaw served on both the Alabama Court of Criminal Appeals and the Alabama Court of the Judiciary until January 20, 2009, when, after being elected in 2008, he assumed the office of Associate Justice of the Supreme Court of Alabama.

Justice Shaw completed the Master of Laws Program at the University of Virginia School of Law in 2004, receiving the degree of Master of Laws (LL.M.) in the Judicial Process. He graduated with 30 other state and federal judges selected nationwide and he is one of only 3 judges from Alabama to participate in the program. Justice Shaw is an Honorary Master of the Bench of the Hugh Maddox Inn of Court in Montgomery, and the Alabama State Bar’s Committee on Archives and History.

Justice and Mrs. Shaw have two sons. Gregory is a Captain in the United States Army. Captain Shaw graduated from the United States Military Academy at West Point in 2007 with a degree in engineering. Christopher, “CJ,” graduated in May 2009 from Georgia Tech with an honors degree in Mechanical Engineering. Justice Shaw and Sam live in Montgomery, where they are members of Frazer Memorial United Methodist Church.

Associate Justice

James Allen Main, Judge

James Allen Main

2011 – Present
Court of Criminal Appeals
2009 – 2011

James Allen (Jim) Main currently serves as a Justice on the Supreme Court of Alabama having previously served as a Judge on the Alabama Court of Criminal Appeals. He also served as Director of Finance for the State of Alabama. The Finance Director is the Chief Financial Officer (CFO) of the state, as well as policy advisor to the Governor.

Prior to becoming Finance Director in 2004, Judge Main served as Senior Counsel to Gov. Riley and Chief of Staff and Legal Advisor to Gov. Fob James. Other public service includes terms as Anniston City Attorney, Lineville City Judge and City Attorney for Oxford, Alabama.

Judge Main was in private law practice in Anniston (beginning in 1972) and Montgomery (beginning in 1989). During the 30+ years of active practice of law, he was counsel in numerous precedent-setting cases before the Alabama Supreme Court and the United States Supreme Court.

Judge Main is a member of a number of professional organizations including the Alabama Bar Association where he is a founding Fellow of the Alabama Law Foundation, past-President of the American Pharmacists Association, past-President of the Alabama Pharmacy Association, past-Chairman of the Dean’s Counsel for the Auburn School of Pharmacy, a past member of the Alabama Commission on Higher Education and a science and technology fellow of the Advanced Science and Technology Adjudication (ASTAR). He is actively involved in his local church and has served as Sunday school teacher, deacon and short-term missionary.

Judge Main has received numerous awards, including the Parke Davis Leadership Award; the Bowl of Hygeia, the most widely recognized international symbol for the profession of pharmacy today; the Distinguished Alumnus Award from Auburn University School of Pharmacy; the President’s Award from the American Society of Pharmacy and Law; and member of Alabama Healthcare Hall of Fame Class of 2012. He has long served on various local and state boards and commissions and was named Outstanding Young Man of Anniston in 1975 for his contribution to the community.

He has been married to Gale for 46 years, is the father of Jay Main, Saxon Main and Ashley Parker and the proud grandfather of Mary Katherine, Mac, McLeod, Tom and Walker.

Judge Main received a bachelor of science (B.S.) degree in pharmacy from Auburn University and a juris doctorate (JD) degree from the University of Alabama.

Associate Justice

Alisa Kelli Wise, Presiding Judge

Alisa Kelli Wise

2011 – Present
Court of Criminal Appeals
2001 – 2011

Justice A. Kelli Wise, the daughter of Colonel Bobby W. Wise and the late Betty Mathis Wise, was born in Geneva, Alabama and raised in Dale and Autauga County.

Judge Wise, a graduate of Prattville High School, received a B.S. in Biology, with a minor in Nursing, from Auburn University in 1985 and a Juris Doctorate from Jones School of Law in 1994. She earned a Master of Public Administration from Auburn University Montgomery in 2000 and was named the 2005 Outstanding Graduate by the AUM Department of Political Science and Public Administration. Recently, Justice Wise was named as one of AUM’s Top 40 in 40 during the University’s 40th Anniversary Celebration.

During her legal career, Justice Wise worked in the Governor’s Legislative Office (James Administration), served as legal counsel for ProStaff HRM, Inc. and was associated with the law firms of John Taber & Associates and Pittman, Pittman, Carwie & Fuquay. Prior to her election to the bench, she served as a staff attorney on the Court of Criminal Appeals and the Alabama Supreme Court. Justice Wise was first elected to the Alabama Court of Criminal Appeals in 2000 becoming the youngest woman elected to sit on an Alabama Appellate Court. She was re-elected to the court in 2006 and became Presiding Judge of the Court of Criminal Appeals in 2008. While on the bench Judge Wise has written and reviewed over 20,000 cases including key appellate decisions that ultimately helped to protect victims and strengthened Alabama’s criminal laws. Justice Wise was elected to the Alabama Supreme Court in 2010 where she received the highest vote of any contested statewide candidate.

Committed to helping at-risk children, Justice Wise was appointed by Governor Bob Riley to serve on the Alabama Council on Juvenile Justice and Delinquency Prevention in 2003 and reappointed in 2006. She is involved in several civic, charitable and professional organizations including the Alabama State Bar Association, The Alabama Wildlife Federation, The Montgomery Symphony League and the Capital City Republican Women. Justice Wise currently serves on the Alabama Law Institute Criminal Code committee tasked with helping to re-write the Alabama Criminal Code, and the Advisory Committee on Criminal Procedure. In addition, Justice Wise is active in the Montgomery Junior League and serves on the board of directors for the Family Sunshine Center, Distinguished Young Women of Alabama and Max Credit Union.

Judge Wise and her husband Arthur Ray, a former Montgomery County District Court Judge, are the proud parents of Hanah-Mathis, a fifth grader at St. James School. They are active members of St. James United Methodist Church.

Justice

Tommy Bryan, Justice

Tommy Bryan

2013 – Present
Court of Civil Appeals
2005 – 2013

Tommy Elias Bryan was raised on a family farm in Crenshaw County, Alabama, where his parents taught him the values of faith, family, and hard work. He is the son of Margie Spivey Bryan and the late Elias Daniel Bryan.

A 1974 graduate of Brantley High School, Justice Bryan continued his education at Troy State University, where he received Bachelor of Science and Master of Science degrees in education. In 1983, he graduated from Jones School of Law. After graduating from law school, Justice Bryan served as a staff attorney for the Alabama Court of Criminal Appeals.

In 1987, Justice Bryan became an assistant attorney general for the State of Alabama, serving as an associate general counsel for Alabama’s environmental department. In this position he gained valuable experience in defending and interpreting highly technical and scientific regulations and standards, as well as drafting administrative orders and reviewing legislation pertaining to environmental issues.

In 2004, Justice Bryan successfully campaigned for a seat on the Alabama Court of Civil Appeals and was sworn into office as a Judge on that court in January 2005. Justice Bryan was victorious in his own reelection effort to the Court of Civil Appeals in November 2010. In 2012, Justice Bryan was elected to the Alabama Supreme Court. Also, in 2012, Justice Bryan was named “Judge of the Year” by the Family Law Section of the Alabama State Bar.

Justice Bryan is a member of the Alabama Bar Association, where he serves as a member of the Environmental Law and Appellate Practice Sections, and he has served as vice chairman of the Quality of Life Committee. He is also a member of the Montgomery County Bar Association. He has been admitted to practice before the United States Supreme Court and the United States Courts of Appeals for the Eleventh Circuit and the District of Columbia.

Justice Bryan is married to the former Pamela Mizzell from Tuscaloosa, and they have two children, a daughter, Thomason, and a son, Tucker. The Bryan family attends Montgomery’s First Baptist Church. Justice Bryan is a Deacon there and sings in the sanctuary choir. He also teaches a young-married-adult Sunday School class.

http://judicial.alabama.gov/supreme.cfm


Obama eligibility appeal filed in Judge Roy Moore’s Alabama Supreme Court, Attorney Larry Klayman, Secretary of State Beth Chapman failed to verify, Moore expressed doubts about Obama

Obama eligibility appeal filed in Judge Roy Moore’s Alabama Supreme Court, Attorney Larry Klayman, Secretary of State Beth Chapman failed to verify, Moore expressed doubts about Obama

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“It is emphatically the province and duty of the judicial

department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

From Attorney Larry Klayman April 2013.

“Obama eligibility appeal in Roy Moore’s court”

“Many cases challenging Barack Obama’s presidential eligibility have come and gone, but now an appeal has been filed with a state Supreme Court led by a newly elected chief justice who has expressed doubt about Obama’s qualification for office.
Roy Moore was elected chief justice of the Alabama Supreme Court last November, a decade after he defied a federal order to remove a Ten Commandments monument from the state Supreme Court building.
Now, 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are asking the state’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.
Attorney Larry Klayman, founder of the Washington, D.C.-watch dog Judicial Watch and now head of Freedom Watch, filed the appeal Tuesday with the Alabama Supreme Court, asking for oral arguments.
“We are hopeful that Chief Justice Moore and the rest of the jurists on the Alabama Supreme Court will follow the law,” Klayman told WND.
Klayman says he and his team “have great respect for Chief Justice Moore and his integrity and legal acumen.”
“He is one courageous and brave man. There are few in this country.”
The case is an appeal of a dismissal by the Montgomery Circuit Court.
In his brief, Klayman says “credible evidence and information from an official source” was presented to Chapman before the election indicating Obama might not have been qualified for Oval Office.
The complaint argues Chapman failed her constitutional duty as secretary of state to verify the eligibility of candidates.
Moore is on the record questioning Obama’s eligibility.
In an interview with WND in 2010, he defended Lt. Col Terrence Lakin’s demand that President Obama prove his eligibility as commander in chief as a condition of obeying deployment orders.
Moore said he had seen no convincing evidence that Obama is a natural-born citizen and much evidence that suggests he is not.
Moore said Lakin “not only has a right to follow his personal convictions under the Constitution, he has a duty.”
“And if the authority running the efforts of the war is not a citizen in violation of the Constitution, the order is unlawful,” he said.
‘Affirmative duty’
Klayman asserts the secretary of state “has an affirmative duty that stems from her oath of office under both the U.S. and Alabama Constitutions, to protect the citizens from fraud and other misconduct by candidates.”
As a result of her refusal to investigate the qualifications of candidates for president, Klayman says, “a person believed to be unqualified for that office has been elected.”
The remedy, he said, “is to require each candidate to do what every teenager is required to do to get a learner’s permit.”
“It is to produce a bona fide birth certificate … and the Secretary of State is the official to cause that to happen.”
McInnish is a member of the Madison County Republican Executive Committee and also sits on the state Republican Executive Committee.
Citing the investigation of Maricopa County, Ariz., Sheriff Joe Arpaio’s Cold Case Posse, Klayman says Chapman “gained knowledge from an official source that there was probable cause to believe the Barack Obama had not met a certifying qualification.”
The appeal brief notes McInnish visited the secretary of state’s office Feb. 2, 2012, and spoke with the deputy secretary of state, Emily Thompson, in Chapman’s absence.
Thompson, the brief says, “represented that her office would not investigate the legitimacy of any candidate, thus violating her duties under the U.S. and Alabama Constitutions.”
As WND reported, Arpaio and his team concluded that Obama’s long-form birth certificate was a computer-generated forgery.
Klayman, in a previous brief, argued the secretary of state, “having the power to certify candidates, can surely de-certify – in effect disqualify – them if they are found to be ineligible.”
In his new appeal, Klayman points, as an example, to California Secretary of State Debra Bowen’s rejection of Petra Lindsay on the 2012 California primary ballot because she was 27 years old. The U.S. Constitution requires the president to be at least 35.
In his conclusion, Klayman argues the fact that the election is over does not make the case moot.
“It would be paradoxical beyond measure if the real and grave question of the legitimacy of the de facto President, a question which lies at the very heart of our American Constitutional Government, were left unresolved for want of the simplest of documents, a birth certificate.”
If either a bona fide birth certificate is produced or an admission is made that it does not exist, he writes, “this most important of legal questions will have been answered, the purity of Alabama’s ballot maintained, and the anxiety of Alabama citizens stilled.”
If the issue is not resolved, he said, citizens will be left with the impression “that their government was dysfunctional and has ignored their real concerns.
‘Certain documentation’
In an earlier step in the case one year ago, before a panel of Alabama Supreme Court justices, one justice raised doubts about Obama’s eligibility.
The justices denied a petition filed by McInnish seeking to require Obama submit an original birth certificate before he could be placed on the state’s 2012 ballot.
Justice Tom Parker filed a special, unpublished concurrence in the case arguing that McInnish’s charges of “forgery” were legitimate cause for concern.
“Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Barack Hussein Obama that have been made public.”
The “certain documentation” is the findings of Arpaio’s investigation.
“The Alabama Constitution implies that this court is without jurisdiction over McInnish’s original petition,” Parker explained. “The office of the secretary of state of Alabama is not a ‘court of inferior jurisdiction’ that this court may control through the issuance of a writ in response to a petition.”
Now, however, the case is coming from a lower court.
‘Obama violated the Constitution’
Moore told WND in an interview after his election last November that the country must return to a standard in which the rule of law prevails over politics.
He said Obama violated the Constitution when he bombed Libya, because the Constitution stipulates only Congress shall declare war.
“No president has the power to violate constitutional restraints of power,” Moore said.
“The Constitution is the rule of law, and [my job is] to uphold the rule of law.”
Government’s job, Moore said, is to secure and protect those rights.
“There is little regard for the Constitution in the courts today, even the U.S. Supreme Court.””