207 – 0

That’s the score (birther court losses against wins) on the Birther Scorecard as of today. That number does not include most of the 50 lawsuits filed by Keith Judd that typically don’t amount to much, being summarily dismissed. He has been found to be a vexatious litigant and prohibited from filing in Louisiana, Mississippi , Tennessee and Texas (where Judd is presently incarcerated). We noted Judd primarily for his representation by Orly Taitz in some California eligibility cases.

Judd filed three lawsuits before in Iowa federal courts, all dismissed. In what may be a first for Judd (at least so far as I can tell), he filed a May 9, 2013, suit, in Polk County, Iowa, state court according to an article in the Des Moines Register. It says something about Obama being born in Kenya. The suit also claims that Judd has similar cases pending in all 50 states.

Who knew?


I checked his Vermont case and it had nothing to do with Obama’s eligibility. This case wasn’t counted in the 50.

0

Sheriff Arpaio: guilty of racial profiling

The case of Melendres v. Arpaio was decided Friday with Judge Snow issuing a scathing 142-page decision describing misconduct at the Maricopa County Sheriff’s Office, led by “America’s toughest sheriff ™” Joe Arpaio. A number of news organizations, including the New York Times, is covering the story.

ACLU Immigrants’ Rights Project Director Cecillia Wang said in a press release:

Singling people out for traffic stops and detention because they are Latino is unconstitutional and just plain un-American. Let this be a warning to any agency trying to enforce the “show me your papers” provision of SB 1070 and similar laws—there is no exception in the Constitution for immigrant enforcement.

While immigrant rights is usually off topic for this blog, Sheriff Arpaio is such a central figure in the birther controversy that something of this importance, particularly as it relates to race issues, cannot be overlooked.

Arpaio’s attorney says they will appeal the decision.

1

McInnish v. Chapman in brief

The lawsuit of McInnish v. Chapman is the birther’s best hope these days.

Sometimes it can take a while to locate exactly what you want. Here are the briefs before the Alabama Supreme Court in McInnish v. Chapman. The issue is whether Alabama Secretary of State Chapman has a duty to verify the eligibility of candidates for President of the United States.

There is a long string of cases, going back to Donofrio v. Wells in 2008 where state courts have ruled that their secretaries of state do not have such a duty. Are the laws in Alabama different? Is the presence of birther sympathizers on the Alabama Supreme Court significant? We shall see.


1Spencer Connerat brought eligibility suits against Barack Obama in Florida.

2Jim Zeigler, songwriter and Mobile attorney, is a graduate of the Jones School of Law. The Alabama Republican Assembly is a chapter of the National Federation of Republican Assemblies, who style themselves as the “Republican wing of the Republican Party.”

17

Dicta on natural born citizenship

The previous article, “Cranking natural born citizenship” exceeded the limit of 500 comments, and this is primarily an article to hold the overflow.

I did want to make one comment in general about the topic. To my knowledge few cases have ever been heard in court about the presidential eligibility of a person born US citizens outside of the United States. The closest we have is the complicated case of John McCain, in which Judge Alsup said in his decision that he thought McCain likely to be eligible.

In the case of US. v. Wong, the court used reasoning that concluded that Mr. Wong was born a citizen under the principles of the common law of England, and pretty much all legal authorities consider the question of persons born US citizens in the US settled as to people like Wong (they are eligible).

The problem with Supreme Court case citations and authorities with regard to the foreign born, is that no case to my knowledge ever needed to distinguish between “born citizen” and “natural born citizen” in order to reach a decision. This is because the only distinction at law in the United States is in regard to eligibility of the President. So when, for example, a court says that there are only two sources of citizenship, birth and naturalization, they are not necessarily analyzing that formula for potential US Presidents. It may well be that someone is, as one commenter here put it, both natural born and naturalized.

Dicta is generally considered less authoritative than the argument that leads to the decision, and the decision itself. These side remarks and observations are not, so it is thought, so carefully reasoned or precisely crafted as the essential parts of the decision. In any discussion of the subject, one should consider how carefully the authority cited might have been speaking in the context in which we cite them.

89

Help wanted

A good many years ago I heard a talk by the head of the Shell Oil Company about the growth stages of businesses. He started off by describing the entrepreneurial company, and said that the growth of that form of business was limited by how much the founder of the company could get his arms around. While the entrepreneurial company model is great for a start-up, it is not sustainable over the long term. The entrepreneur who insists on micromanagement is doomed to limited success. That concept stuck with me because I worked for many years for just such a company and saw the limitations borne out in practice.

The Obama Conspiracy Theories blog is not a business in any sense of the term, but it is an enterprise, and it has been just one guy for four and half years. It is limited in what it can accomplish by how much personal time I’m willing to put into articles, and when I do other things (for example travel), the blog goes stale with no new material, the number of visitors drops off, and the discussion wanders off topic. So, I’m going to try to move beyond the original one-guy model for the blog and ask for volunteers, so as to make the blog better than just me, and to sustain it ongoing.

I am looking for two kinds of help in this evolutionary step:

  1. Person(s) to assist with the routine administrative tasks of the blog, principally in dealing with comments in moderation, rescuing legitimate comments from the spam filter, emptying the spam folder, and the identification and control of new troll threats.
  2. Person(s) to write articles to appear under the volunteer’s byline, to expand coverage of other conspiracies that I don’t follow (like “Obama caused the Oklahoma tornado and Texas explosion to punish them for not moving forward with ObamaCare”), and to offer other perspectives besides mine. I think the existing policies and editorial guidelines are the best idea of what I would want.

Folks interested in assisting with administration of the blog should send me a note on the Comment page. I am be interested in one-time article submissions, but I’m more looking for someone who would establish a body of work here. I would expect volunteers to have previously established a login to the blog with a strong password.

Light fuse. Run away.

61

Birther displeasure with the Cold Case Posse

When Sheriff Joe Arpaio held his first conference announcing preliminary results of the Cold Case Posse’s investigation in to Barack Obama’s documentation, birther hopes were at a high point. Over a year later, it has come to nothing but press conferences, radio appearances, and an inadmissible affidavit appended to some legal briefs.

Birthers are making demands now, and one article at the Orly Taitz Esq. site [link to Taitz web site] details demands from Brian Riley, described as the organizer of the Arizona Tea Party. Riley summarizes the history of the Cold Case Posse and then demands:

A criminal complaint needs to be immediately filed with the appropriate authorities in my opinion. This does not look good and time is short.

Mr. Riley says that if Zullo writes another book before charges are filed, he’s going to ask for a refund. I left the following comment in reply (currently in moderation):

In their passion to unseat Barack Obama, the birthers really don’t pay much attention to the people who preach their cause, so long as they say the right words, and hold out some promise for results. It is, frankly, fertile ground for hucksters and con men.

I don’t know about Zullo, whether he’s a con man or a true believer, but I do know that the Cold Case Posse has made promise after promise that they haven’t kept, they presented some evidence that was faked, their "experts" tell stories that contradict each other from press conference to press conference, they refuse to testify under oath and blow off subpoenas, and they never actually do anything but seek media attention.

What amazes me is that anyone at this stage would be willing to give the CCP more time. Someone who hasn’t wised up already isn’t going to wise up tomorrow.

Here’s another comment left by someone else:

Zullo stood up and detailed his findings. Sherriff A stated he appointed this in front of the camera. He detailed the reason he solicited the investigation. As a Sherriff it is his duty to act on criminal complaints.

He can file fraud charges. Its up to the AG of the county and state to pursue the case. It is in his jurisdiction to file the complaint when people in his jurisdiction make complaints.

Someone is full of horse manure.

and:

… Anyone who thinks they will ever file charges is nuts. …

and:

Those Arpaio-enablers are our main impediment to removing the Usurper.

and:

Unfortunately, with the level of corruption on BOTH sides of the fence, I don’t see how this country is going to avoid a total and complete meltdown. The public’s anger is palpable – and it is being deliberately stoked by these pukesacks every day. They want trouble and by God, they are going to get it. Brace for impact.

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