Category Archives: Lawsuits

NPR alleges Wheeler lawsuit alleges Fox News and Trump supporter created fake news story, Same day as Seth Rich murder reenactment, Damage control?

NPR alleges Wheeler lawsuit alleges Fox News and Trump supporter created fake news story, Same day as Seth Rich murder reenactment, Damage control?

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

The Seth Rich murder reenactment is scheduled for today, August 1, 2017.

Damage control in play?

From NPR August 1, 2017.

“Lawsuit Alleges Fox News And Trump Supporter Created Fake News Story”

“Behind Fox News’ Baseless Seth Rich Story: The Untold Tale”

“The Fox News Channel and a wealthy supporter of President Trump worked in concert under the watchful eye of the White House to concoct a story about the murder of a young Democratic National Committee aide, according to a lawsuit filed Tuesday.

The explosive claim is part of the lawsuit filed against Fox News by Rod Wheeler, a longtime paid commentator for the news network. The suit was obtained exclusively by NPR.

Wheeler alleges Fox News and the Trump supporter intended to deflect public attention from growing concern about the administration’s ties to the Russian government. His suit charges that a Fox News reporter created quotations out of thin air and attributed them to him to propel her story.

Fox’s president of news, Jay Wallace, told NPR Monday there was no “concrete evidence” that Wheeler was misquoted by the reporter, Malia Zimmerman. The news executive did not address a question about the story’s allegedly partisan origins. Fox News declined to allow Zimmerman to comment for this story.

The story, which first aired in May, was retracted by Fox News a week later. Fox News has, to date, taken no action in response to what it said was a failure to adhere to the network’s standards.

The lawsuit focuses particular attention on the role of the Trump supporter, Ed Butowsky, in weaving the story. He is a wealthy Dallas investor and unpaid Fox commentator on financial matters, who has emerged as a reliable Republican surrogate in recent years. Butowsky offered to pay for Wheeler to investigate the death of the DNC aide, Seth Rich, on behalf of his grieving parents in Omaha.

On April 20, a month before the story ran, Butowsky and Wheeler — the investor and the investigator — met at the White House with then Press Secretary Sean Spicer to brief him on what they were uncovering.

The first page of the lawsuit quotes a voicemail and text from Butowsky boasting that President Trump himself had reviewed drafts of the Fox News story just before it went to air and was published.

Spicer now tells NPR that he took the meeting as a favor to Butowsky, a reliable Republican voice. Spicer says he was unaware of any contact involving the president. Butowsky now tells NPR he was kidding about Trump’s involvement.

“Rod Wheeler unfortunately was used as a pawn by Ed Butowsky, Fox News and the Trump administration to try and steer away the attention that was being given about the Russian hacking of the DNC e-mails,” said Douglas Wigdor, Wheeler’s lawyer.”

Read more:’

http://www.npr.org/2017/08/01/540783715/lawsuit-alleges-fox-news-and-trump-supporter-created-fake-news-story

Coincidence with Seth Rich murder reenactment?

Why no link to lawsuit text?

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Ted Cruz Obama eligibility, Natural born citizens?, Cruz approval protects Obama, 1 US citizen parent, Language of constitution citizen parents, Cruz born in Canada, Obama born ???

Ted Cruz Obama eligibility, Natural born citizens?, Cruz approval protects Obama, 1 US citizen parent, Language of constitution citizen parents, Cruz born in Canada, Obama born ???

“The Founding Fathers wouldn’t recognize America today….The Constitution has been tossed on the same trash pile as the Bible.”…Amazon description of Cheryl Chumley book “Police State USA: How Orwell’s Nightmare is Becoming our Reality”

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”…US Constitution

“‘It’s a beautiful thing, the destruction of words. Of course the great wastage is in the verbs and adjectives, but there are hundreds of nouns that can be got rid of as well…..In the end the whole notion of goodness and badness will be covered by only six words — in reality, only one word. Don’t you see the beauty of that, Winston? It was B.B.’s idea originally, of course,’ he added as an afterthought.”…George Orwell “1984”

 

 

Ted Cruz was born in Canada.

We do not know where Obama was born.

There is zero proof that Obama was born in the US.

Cruz and Obama had 1 US citizen parent. That creates a problem with the natural born citizen requirement of the US Constitution.

Many of the Obama eligibilty challenges beginning in 2008 were based on a lack of a authentic birth certificate proving birth in the US. The image presented on WhiteHouse.gov, even if it came from Hawaii does not prove US birth.

Some of the eligibility challenges were based on the requirement of 2 US citizen parents and birth on US soil.

CDR Charles F. Kerchner filed a lawsuit against Obama on January 21, 2009.

“47. Hence, at the time of his birth on August 4, 1961, Obama was born to a U.S.
citizen mother but not a U.S. citizen father.
48. Under the definition of an Article II “natural born Citizen,” Obama therefore
cannot be a “natural born Citizen.” Endnote 9.”

“9. The origins of the term “natural born Citizen’ and inclusion in the Constitution can be traced to a 1787 letter from John Jay to George Washington. This specifically speaks about the reason for requiring the President to be a “natural born Citizen.” It was believed that there would be less of a chance to have foreign influences put upon the President and Commander in Chief of our Army (military forces) if the person serving as the President is a “natural born citizen”, i.e., being born on U.S. soil and being second generation via both his parents also being U.S. citizens. There thus would be no claim on the President from any foreign power and he would have no relatively recent allegiance
and influence via family to a foreign power or from family living in a foreign country.
Being a “natural born citizen” dramatically reduces the likelihood of such foreign
influence. That is why John Jay, who was a major writer in The Federalist Papers which were critical in the ratification process of getting the Constitution approved, requested that the term be inserted into our Constitution. He was one of the founders who was very concerned about foreign influences being exerted on our new nation, especially on the President and Commander in Chief of the Army. He was not concerned about the loyalties of existing “original citizens” of the new country because they had openly fought for independence. And that is why the Article II grandfather clause is in there for them. But John Jay was very concerned about foreign influences on future Presidents and Commander in Chiefs. Thus he wrote the letter to General Washington. Washington
agreed and had the clause put in the Constitution and the delegates agreed and approved it and the “We the People” of those days voted for it and ratified it. And it can only be changed now by a new amendment by today’s “We the People.” Jay would have obtained the term “natural born Citizen” from the leading legal treatise of those times, The Law of Nations (1758), E. Vattel, Book 1, Chapter 19, Section 212. This work was read not only by the Founding Fathers but was also well-known throughout the colonies among the general population. Jay frequently cited this treatise in his writings.
Additionally, the term “Law of Nations” is mentioned in the Constitution itself in Article I, Section 8 (defining piracy). There are also many references to The Law of Nations in The Federalist Papers, for the writers relied upon authors such as Vattel, among others.
The Journal of Legal History, Volume 23, Issue 2, August 2002, pages 107 – 128.”

H. Brooke Paige challenged Obama’s eligibility as a natural born citizen in the Vermont Supreme Court.

“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.”

https://citizenwells.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/

There are 2 important concepts from the above cases.

1. It was clearly understood at the time the Constitution was written that in this country natural born citizen meant a child born on US soil to 2 US citizen parents.

2. That the requirement of natural born citizen has not been changed by an amendment. You are being bombarded by misinformation about this law and that law affecting the natural born citizen requirement but nothing has changed it since the Constitution was ratified. This was noted in Hassan v FEC;

 “Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.”

From Mario Apuzzo:

“Founder and Historian David Ramsay Defines a Natural Born Citizen in 1789″
“In defining an Article II “natural born Citizen,” it is important to find any authority from the Founding period who may inform us how the Founders and Framers themselves defined the clause. Who else but a highly respected historian from the Founding period itself would be highly persuasive in telling us how the Founders and Framers defined a “natural born Citizen. ” Such an important person is David Ramsay, who in 1789 wrote, A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789), a very important and influential essay on defining a “natural born Citizen.”

https://citizenwells.com/2015/03/25/glenn-beck-comedy-show-wnd-media-lie-about-natural-born-citizen-and-constitution-citizens-not-eligible-ted-cruz-eligibilty-in-question-founder-and-historian-david-ramsay-defines-natural-born-citize/

You are being led to believe that “legal experts” are in agreement on the definition of natural born citizen (refer to numerous orwellian references at Citizen Wells)

That is simply not so!

John McCain had 2 US citizen parents.

However,

From the Michigan Law Review August 13, 2008.

Gabriel J. Chin, U of California, Davis, School of Law.

“Although he is now a U.S. citizen, the law in effect in 1936 did not grant him citizenship at birth. Because he was not born a citizen, he is not eligible to the office of president.”

“II. Natural Born Citizenship as a Child of Citizens”

“According to the Supreme Court in United States v. Wong Kim Ark, the
Constitution “contemplates two sources of citizenship, and two only: birth
and naturalization.” Unless born in the United States, a person “can only
become a citizen by being naturalized . . . by authority of congress, exercised
either by declaring certain classes of persons to be citizens, as in the
enactments conferring citizenship upon foreign-born children of citizens, or
by enabling foreigners individually to become citizens . . . .” A person
granted citizenship by birth outside the United States to citizen parents is
naturalized at birth; he or she is both a citizen by birth and a naturalized
citizen. This last point is discussed thoroughly in Jill A. Pryor’s 1988 note in
the Yale Law Journal, The Natural-Born Citizen Clause and Presidential
Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty.”

“Since Senator McCain became a citizen in his eleventh month of life, he does not satisfy this criterion, is not a natural born citizen, and thus is not “eligible to the Office of President.”

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1157621

Media reports.

Here are 2 of the more honest reports:

From Time June 23, 2011.

“It’s equally strange to me that a nation that was forged through immigration — and is still formed by immigration — is also a nation that makes it constitutionally impossible for someone who was not physically born here to run for President. (Yes, the framers had their reasons for that, but those
reasons have long since vanished.)”

http://content.time.com/time/nation/article/0,8599,2079445,00.html

Honest but stupid: “but those reasons have long since vanished.”

Wrong!

From PolitiFact May 9, 2013.

“Is Ted Cruz eligible under the Constitution to become president?”

“When discussing McCain, the CRS report draws on immigration law and says: “The uncertainty concerning the meaning of the natural-born qualification in the Constitution has provoked discussion from time to time, particularly when the possible presidential candidacy of citizens born abroad was under consideration. There has never been any authoritative adjudication.”

“So legally, the question is unsettled. Perhaps it will be if Cruz ever becomes a presidential contender.”

http://www.politifact.com/ohio/article/2013/may/09/ted-cruz-eligible-under-constitution-become-presid/

Something happened from 2013 to 2015.

Now Ted Cruz can be legally challenged on his natural born citizen status.

On  August 12, 2013 Cheryl Chumley wrote the following:

“Donald Trump, staunch birther: ‘Nobody knows’ yet where Obama was born”

“The two then discussed the birthplace of Sen. Ted Cruz, who’s been talked about as a potential GOP frontrunner for the White House in 2016. Mr. Cruz was born in Canada, which would make him ineligible for the office under the provisions of the Constitution.”

Read more:

http://www.washingtontimes.com/news/2013/aug/12/donald-trump-nobody-knows-yet-where-obama-was-born/

On March 24, 2015, Cheryl Chumley, writing for WND, wrote the following:

“DONALD TRUMP GOES BIRTHER ON TED CRUZ”
“Section One, Article Two of the Constitution states “no person except a natural born citizen, or citizen of the United States … shall be eligible to the office of president.””
Read more:
Why did she leave out:
“at the time of the Adoption of this Constitution”
which is crucial to the statement and to differentiate between citizen and natural born citizen?
She left out 9 words.
9 very important words.
I can only think of one plausible answer.
The same conclusion you are arriving at.
 We are being bombarded with article after article stating that Ted Cruz is eligible to be president.

Why?

TO

PROTECT

OBAMA

 

 

 

 
media reports 2013 v now

Obama presidential eligibility summary, Reality 101, March 11, 2014, Natural born citizen status, Birth certificate, Foreign born father, Obama used private and taxpayer paid attorneys to keep records hidden

Obama presidential eligibility summary, Reality 101, March 11, 2014, Natural born citizen status, Birth certificate, Foreign born father, Obama used private and taxpayer paid attorneys to keep records hidden

“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

“Obama was born in Mombasa, Kenya”...Barrister Michael Shrimpton

 

 

 

Most things are simple.

It is important to sometime step back and look at an otherwise complex situation and provide clarity.

We know much about the Obama presidential eligibility and records despite Obama employing private and numerous government attorneys at taxpayer expense.

The following is a summary. Supporting details can be found on this site and many others.

  • Obama’s father, by all indications was a foreigner. By many definitions, going back to the founding of this country, 2 citizen parents are required to be a natural born citizen. A current case, Paige V State of Vermont, makes this assertion and is currently presented to the US Supreme Court. The SCOTUS should clearly define what a natural born citizen is and put this issue to rest.
  • Obama, starting in 2008 has used Robert Bauer of Perkins Coie, other private attorneys and numerous government attorneys, at taxpayer expense to keep his birth certificate, college records and other records hidden.
  • Most of the circumstantial evidence up to early 2008 indicates that Obama was born in Kenya.
  • There is no evidence, that would hold up in a court of law, that Obama was born in the US.
  • The image placed on WhiteHouse.gov in 2011 is obviously not a copy of a traditional birth certificate that you and I had to present to play Little League baseball. It has “or abstract” at the bottom. Since anyone born anywhere could register a birth in Hawaii, even if the document came from HI, it proves nothing.
  • Obama was born somewhere. We still do not know where.
  • We have no solid proof that Stanley Ann Dunham was Obama’s biological mother.
  • We have compelling evidence that Obama was helped with his college expenses. We have seen no evidence of his college loans.
  • If Obama is a natural born citizen and eligible to be POTUS, we have been provided no proof.

Don’t take my word for it.

Look it up.

If you want the truth, you will find it.

Obama DOJ fights Kansas to allow foreigners to vote, Justice Department lawyer Bradley Heard, Kansas Secretary of State Kris Kobach, Arizona Supreme Court decision quoted

Obama DOJ fights Kansas to allow foreigners to vote, Justice Department lawyer Bradley Heard, Kansas Secretary of State Kris Kobach, Arizona Supreme Court decision quoted

“Based on my firsthand experiences, I believe the dismissal of the Black Panther case was motivated by a lawless hostility toward equal enforcement of the law. Others still within the department share my assessment. The department abetted wrongdoers and abandoned law-abiding citizens victimized by the New Black Panthers. The dismissal raises serious questions about the department’s enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election.”…J. Christian Adams

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln
“If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patroits to prevent its ruin”…Samuel Adams, 1776

Reported by J. Christian Adams, former DOJ attorney, at Pajamas Media February 12, 2014.
“DOJ Argues to Court Against Rules to Prevent Foreigners From Voting”

“Justice Department lawyer Bradley Heard was in court today trying to stop Kansas from ensuring that only citizens register to vote. Kansas Secretary of State Kris Kobach, relying on a United States Supreme Court opinion of last year, asked the federal Election Assistance Commission to permit him to ensure that only citizens were registering to vote.

The Election Assistance Commission said no, so Kris Kobach went to federal court. Enter Eric Holder’s Justice Department, as usual, opposing election integrity measures.

Despite harping about resource concerns (which apparently means that the DOJ can do nothing about corrupted voter rolls), Holder found the time and money to send Bradley Heard to a hearing in Kansas to argue against Kobach’s election integrity measures.

Things didn’t go well for Bradley Heard before Judge Eric Melgren today. The Wichita Eagle:

Judge Eric Melgren repeatedly pressed Department of Justice lawyer Bradley Heard to explain how a Supreme Court decision last year on Arizona’s proof-of-citizenship law allows the federal Election Assistance Commission to reject requests from Arizona and Kansas to add state-law requirements to the instructions for filling out the voting form.

“The single pivotal question in this case is who gets to decide … what’s necessary” to establish citizenship for voting, Melgren said.

Heard said that decision lies with the EAC under the federal National Voter Registration Act, also known as the motor-voter law. He said the law empowers the commission to decide what questions and proofs are necessary to include in the federal registration form.

Take note, Heard argued both that Kobach can’t take steps to prevent foreigners to register to vote, and, that federal government power over state elections is supreme.

So who is Bradley Heard?”

Read more:

http://pjmedia.com/tatler/2014/02/12/doj-aruges-to-court-against-rules-to-prevent-foreigners-from-voting/

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

“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

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer.”…Justice Boyd, STATE EX REL. SHEVIN v. STONE, FL, August 10, 1972

I was asked recently why I had not included Florida with Alabama and Vermont supreme court challenges to Obama’s eligibility.

The reasons are simple.

First, no eligibility hearing has yet been scheduled for the FL Supreme Court. Why has the Voeltz v Obama eligibility challenge not reached the FL Supreme Court, unlike AL and VT?

Some combination of corruption, bias and incompetence within the executive, judicial and perhaps even legislative bodies of the State of Florida.

Secretary of State duty.

From the Florida statutes.

“97.012 Secretary of State as chief election officer.–The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws.”

OATH OF OFFICE
(Art. II. § 5(b), Fla. Const.)

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of”

THE STATES ARE RESPONSIBLE FOR THE PRIMARIES, GENERAL ELECTION AND EVENTS THROUGH 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.”

From page 2 of the Florida “2012 Federal Qualifying Handbook”

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

1. Must be a natural born citizen of the United States.
2. Must be at least 35 years of age.
3. Must be a resident of the United States for 14 years.”

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.

(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:”

“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”

The FL Secretary of State has a ministerial duty in the elections.

Ministerial defined.

Merriam Webster.

a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office
b : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.

Legal dictionary.

“Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.”

Obedience is the common denominator. To a legal order or conforming “to an instruction or a prescribed procedure.”

This includes the US Constitution and US Code.

Furthermore.

Justice Boyd in STATE EX REL. SHEVIN v. STONE from August 10, 1972 states:

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.”

Response from FL elected officials and judges.

From Citizen Wells February 1, 2012.

A  challenger discovered this recently.

“Below and attached is a scanned copy of the letter I just received from the Secretary of State, AKA Florida Supervisor of Elections, in response to the Obama Ballot Challenge I filed 9 January 2012 with him and Attorney General Pam Bundi. The Constitution of the State of Florida (1838) and as amended through 2008 and by adoption of the 2012 Federal Qualifying Handbook (October 2011) the State of Florida has accepted the qualifications for President and Vice President listed therein, based solely on the Certifications of Qualifications from the Political Parties.Read carefully, looks like we have no protection from fraud by either Party. Still waiting for response from the Attorney General.

Vern H. Goding, Ret. OathKeeper.
Melbourne Village, Fl 32904″

Response from Gary Holland, Assistant General Counsel.

“After an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidates’s ineligibility for the office sought. Such contest must be brought within 10 days of the date the last board responsibe for certifiying the results officially ceetified the results of the election being contested.”

https://citizenwells.wordpress.com/2012/02/01/fl-primary-opens-door-to-obama-eligibilty-challenge-florida-statutes-allow-contest-10-day-window-circuit-court-obama-natural-born-citizen-deficiency/

Read the entire response from Assistant General Counsel Holland here:

http://obamaballotchallenge.com/sunshine-state-shenanigans

Voeltz v Obama was presented before 2 courts in FL. I will leave it to the reader to decide what combination of corruption, bias and incompetence applies to the judges.

Michael Voeltz filed a contest of election in Leon County Circuit Court on February 15, 2012.

A motion to dismiss from Obama and Secretary of State Ken Detzner was granted by Judge Terry Lewis on June 29, 2012.

The entire response from Judge Lewis will not be evaluated at this time. However, enough of the judge’s suspect reasoning will be presented to raise eyebrows.

Judge Lewis presents a flawed description of Natural Born Citizen and quotes a flawed decision in Akeny v Governor of Indiana. That is scary enough.

The next example is clearly more black and white.

Judge Lewis quotes a small portion of Cherry v Stone from August 4, 1972. This is not the better ruling to quote and not the latest.

From STATE EX REL. SHEVIN v. STONE from August 10, 1972.
“The resign law is not Secretary Stone’s to administer by such a determination, any more than the campaign spending law. His charge under the constitution and statute does not extend to the substance or correctness or enforcement of a sworn compliance with the law — with “matters in pais”, as it were. Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end. Any challenge to the correctness of the candidate’s statement of compliance is for appropriate judicial determination upon any challenge properly made, as here.”

Justice Boyd adds

“I agree with the majority opinion disposing of Miller and Wright.

As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.

The Attorney General is properly bringing this action as the Attorney for the State. Few matters in a democracy can be of greater importance to the people than those relating to qualifications of candidates for public office.”

From above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

No oath, no written compliance with the law was provided by Obama.

Plaintiff Voeltz took the case to the Second Judicial Circuit Court of Leon County.

On December 20, 2012 Judge Kevin Carroll dismissed the complaint with prejudice.

Judge Carroll states that “the Electoral College met and voted on December 17, 2012.”

“this court cannot now alter the Electoral College process.”

How convenient, the state of FL dragged out this process instead of acting and expediting it.

Judge Carroll also states:

“the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida does not have jurisdiction to determine the issue of qualification for the Office of President of the United States, particularly at this date in the process.”

Judge Carroll paraphrases “Miracle on 34th Street”, that the US government recognizes Obama as president and again with the element of elapsed time as if that was prohibitive.

Judge Carroll is wrong and should be impeached!

Let’s go through some of the references to the president and candidates in general not being qualified. There are mechanisms in place for removing them from office.

At the state level, the federal government gives the states the power to control elections through the submission of the electoral count to congress.

The State election officials are not prohibited from questioning eligibility.

Even in FL, as noted above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

From 2 southeastern states:

NORTH CAROLINA

NC Statute § 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

“If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position

President 

Vacancy is to be filled by appointment of national executive
committee of political party in which vacancy occurs”

GEORGIA

§ 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.”

Electoral college vote.

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

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

Congress certifies electoral count.

“If any objections to the Electoral College vote are made, they must be submitted in writing and be signed by at least one member of the House and one Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider their merits under procedures set out in federal law.”

After the certification, the Constitution reveals the protocol for dealing with a president or candidate who is not qualified.

AMENDMENT XX

“Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, or if the President elect shall have failed to qualify, then
the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President,
or the manner in which one who is to act shall be selected, and
such person shall act accordingly until a President or Vice
President shall have qualified.”

AMENDMENT XXV

“Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.”

As you see, there are laws and procedures in place from early in the nomination process and past inauguration to remedy a president or candidate who is not eligible.

It is a damn shame that we have judges and election officials in Florida and other states who shirk their constitutional duties and make such idiotic statements.

For more information and commentary visit.

http://obamaballotchallenge.com/

http://obamareleaseyourrecords.blogspot.com/

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