McInnish v. Chapman in brief

By on May 25, 2013 in Lawsuits

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.

0

Dicta on natural born citizenship

By on May 24, 2013 in 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.

77

Help wanted

By on May 22, 2013 in Lounge

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.

59

Birther displeasure with the Cold Case Posse

By on May 21, 2013 in Joe Arpaio, Mike Zullo

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.

67

Ramblin’ screed

By on May 21, 2013 in Lawsuits, Mike Zullo

Ramblin’ screed, ramblin’ screed
Why you ramble, without need
Wild and windblown, that’s how you’ve grown
Who can stomach a ramblin’ screed?

While I like to think myself above the baser pleasures of life, I must admit a sense of satisfaction reading the Alabama Democratic Party’s amicus response in the case of McInnish v. Chapman and the phrase therein that is this article’s title. Referring to Mike Zullo’s latest affidavit, insinuated into the case by Appellants, they said:

…the ADP assumes that it is unnecessary to further address whether this Court should consider the rambling screed that passes for an “affidavit” attached to the Appellants’ Motion to Strike. Virtually none of the information contained in the affidavit is admissible or credible…. The “affidavit” is inadmissible on its face and is composed of hearsay, speculation, and unsupported conclusions.

You can read the rest of that scintillating document here. There’s just so much more gravitas and validity when the Alabama Democratic Party says something, than when I say it.

While most of the non-technical concepts in the ADP response might have been found in comments here, they make one observation that I didn’t:

The ADP notes that the affiant signed the “affidavit” solely in his personal capacity and without any title, even an imaginary one.

That seems significant to me because it undermines the Appellant’s argument that Zullo’s investigation is somehow “official.”

120

Any day now

By on May 21, 2013 in Birther Psychology, Birthers

"The End is Near" sign held by Homer Simpson cartoonDoc, I know it scares you libs, but this is what it will [come] to very soon if your [messiah] does not release the information.

There will be rioting in the streets. There will be a forceful overtaking of the government. The will of the people will not be denied.

– March 4, 2009
– Comment at Obama Conspiracy Theories

An article could be written, taking quite a few hours effort, to catalog the birther meme of “any day now,” the imminent victory of the birthers just around the corner. This isn’t that article. I just want to ruminate a little on the subject. The commenter Heavy who is quoted above was a frequent visitor to this site in the early days and he always said that the doom of the Obots was nigh. Soon other commenters began replying with the phrase “any day now.” Four years later, not much has changed. Heavy never would get specific about what “very soon” meant, but I can hardly imagine that it encompassed the second term of President Obama.

Jerome Corsi picked up the theme, saying that the Obots wouldn’t be around much longer. He said on his Facebook wall back in 2011:

The Obots are on the run.

Nowadays, we have other commenters, such as Hermitian, who carry on the sense of urgency, such as this from today:

Will the rats begin to flee in two weeks?

– May 20, 2013
– Comment at Obama Conspiracy Theories

Lots of things fueled birther expectations (it doesn’t take much). I don’t keep track of these carefully—I think of them as water under the bridge. (Some folks have longer memories for such things.) A few that do pop into my mind are:

  • The Xxx v. Yyy lawsuit (207 included by reference)
  • Quo warranto, qui tam, et al.
  • Citizen grand juries (americangrandjury.org is offline today)
  • Birther bills
  • Larry Klayman
  • Terry Lakin’s defiance
  • Ed Hale’s documents of the Obama divorce and others
  • Donald Trumps investigators in Hawaii
  • Jerome Corsi’s mole in the Hawaii Department of Health
  • Various fake Kenyan birth certificates
  • Joe Arpaio’s “investigation” and promises of evidence
  • Zullo’s affidavit before the Alabama Supreme Court

I can’t look at this topic without remembering the few thousand predictions of the second coming of Jesus, most of which have passed by uneventfully. That has its own article, “The Long Form and the Great Disappointment.” The ability to slough off repeated disappointment, barely noticing it, is cognitive dissonance.

The birthers think that they are about to win and the the Obots are in fear and panic. The fact that they do not win, and the Obots do, does not affect their behavior. The Obots on the other hand quickly learned that birthers are perennial , and we don’t expect them to change or to go away, but rather we expect them to persist in vain hopes, with perhaps some decrease in activity once Obama leaves office, or some new conspiracy occupies their attention. Obama’s re-election does remove any sense of urgency that ever existed to oppose the birthers. There was always a faint hope that in a close election (it wasn’t) the birthers might just tip the scales. In my mind the game is over and now I mostly look back and think about the highlights. In practical terms, there’s no incentive to spend hours on one debunking of some birther nonsense, and I’m pretty much out of that business. The birthers don’t know that the game is over, and are busily moving the goalposts.

I must admit, though, that it is rather irritating to win and for the other side not to acknowledge it.

19
Older posts

Powered by WordPress. Designed by Woo Themes