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Arpaio: criminal referral almost inevitable

Birther Sheriff Joe Arpaio seems bound for a criminal referral based on remarks from federal judge G. Murray Snow in a hearing yesterday. The judge said that Arpaio had failed to convince him that he was not guilty of intentional defiance of court orders and perjury. Speaking of Arpaio and Sheridan, Judge Snow said “They lied to my face.”

Tries to throw Zullo under the bus

Part of the Sheriff’s troubles relate to the apparent attempt by Arpaio to investigate Judge Snow using a confidential informant, Dennis Montgomery, who spun conspiracy theories to Arpaio for cash, and even offered to prove Obama’s birth certificate was made by the CIA. In court papers filed Thursday, Arpaio points the finger of blame for investigating Judge Show at his Cold Case Posse commander, Mike Zullo, reports Morgan Leow of CBS 5. Arpaio’s attorneys wrote:

Finally, Sheriff Arpaio, neither himself nor through others, ever directed Dennis Montgomery to investigate the Court. Moreover, Mike Zullo’s apparent continued communication with Dennis Montgomery up to and during the pendency of the contempt proceedings were not directed by Sheriff Arpaio.

Read more at 12 News.

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Cruz eligibility lawsuit reaches the Supreme Court

With the Republican National Convention scheduled to begin tomorrow (July 17), where Donald Trump has garnered enough delegates to be elected on the first ballot, it would seem that the eligibility of another losing candidate is moot. Still, the question of whether the Canadian-born Ted Cruz and persons like him are eligible to be president is likely to continue to clog the electoral process in the future unless some guidance from the Supreme Court is forthcoming. Unlike Barack Obama, nothing prevents Ted Cruz from running for president again in the future.

Several lawsuits challenging Cruz, including one from Carmon Elliott of Pennsylvania, were filed. Such lawsuits present difficulties to plaintiffs and challengers, that of  demonstrating standing, including whether the courts even have jurisdiction. These problems were articulated before when the Mexican-born George Romney ran for President in 1968: Prof. Charles Gordon’s paper, “Who Can Be President Of The United States: The Unresolved Enigma” details the issues. The difficulty is establishing standing, both individual harm to the challenger and the court’s jurisdiction to hear a question of presidential eligibility in general–Presidential eligibility might be a non-justiciable political question. The lower court in Pennsylvania ruled that it had jurisdiction and decided the case on the merits, concluding that Ted Cruz was eligible to be elected president. The court essentially defined “natural born citizen” as a “citizen from birth.” That decision was affirmed on appeal.

Birther attorney Mario Apuzzo, a frequent litigator on presidential eligibility questions, is representing Elliott before the Supreme Court and writes about Elliott’s appeal in his most recent blog post, “Carmon Elliott Files a Petition for a Writ of Certiorari to the U.S. Supreme Court on Ted Cruz Not Being a Natural Born Citizen.” Apuzzo and his fellow birthers have a lot riding on this case because if the Pennsylvania court becomes precedent, it means birther legal theories are repudiated at the highest level, relegating them once more to the dingy backwaters of conspiracy theory. While the specific question of a foreign father is not asked (the appeal is focused on foreign-born), if Cruz is eligible, then Obama must be also. If the Supreme Court declines to hear the case, the fuzzy status quo remains.

The case is No. 16-13. Response due August 1. The petition.

Update: Cruz has waived response,

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Birther files lawsuit against President Obama over Dallas police shootings

Larry Klayman is in court again, this time arguing that Obama is endangering his life. In a CNN interview (reported at RawStory), Klayman said:

When the leader of the United States and supposedly the Western world, who was born to a Muslim father, schooled in Muslim schools, and has close ties to black-Muslim leaders like Farrakhan seeks to incite violence by virtue of his running interference for Muslims and blacks who are not even representative of African-Americans generally, it’s no wonder Obama-inspired massacres like Dallas happen.

Further, Klayman blames Obama for the police shooting others, telling the press:

It is no wonder some cops, fearing for their lives in this anti-white, anti-Semitic and anti-Christian environment, sometimes are prone to literally pull the trigger too quickly.

In his lawsuit, Klayman accuses Obama of waging a “War on Police” and blames Obama for a 56% increase in murders in Baltimore (and other alleged murder increases in other major cities).

The case, number 3:cv-02010—L, Klayman v. Obama et al, was assigned to federal district judge Sam A. Lindsay. Also named in the Suit are Louis Farrakhan, Eric Holder, Rev. Al Sharpton, and 5 named leaders of Black Lives Matter.

I predict the lawsuit will be dismissed because the harm Klayman alleges is speculative. Klayman styles his action a “class action lawsuit,” but a class cannot have standing when no member of it does. Klayman is the only plaintiff.  In addition, stranding requires a causal link between the defendant’s actions and the alleged harm, something that is equally speculative.

Klayman v Obama – Dallas by Doctor Conspiracy on Scribd

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Behind the curtain at the Cold Case Posse

For years now Mike Zullo has appeared on the Carl Gallups Freedom Friday radio program giving vague remarks about the Cold Case Posse investigation, about deep, dark things they were finding, and of course lengthy rambling discussions about the Obots, even though they said Obots were unimportant. I think identifying Obots was taken to be a mark of competence for the Posse, setting them apart and showing that they could do things beyond what the civilian birther on the Internet could do. What follows isn’t new, but it puts together two things I have previously reported on now together to give a peek behind the curtain of the Cold Case Posse investigation. The following is from Freedom Friday on February 7, 2014 (one month before the March Reveal that never happened):

Gallups: Obots, we know that there are operatives out there—Obama-loving operatives. That’s OK to love Obama; that’s fine, but these people have interjected themselves all throughout this investigation in various ways, some to the point of actually, I think, interfering with the investigation, but they’ve interjected themselves on radio and the Internet, Blogtalk Radio, my radio program and all over the blogs and web sites, but isn’t it correct, my understanding that you know who some or most of these guys are, the most important ones, I mean have you done some digging? You know who those guys are?

Zullo: We have a pretty good idea of who some of the ones who are anonymous are. One we know works in the field of artificial intelligence in projects that are funded by DARPA. That tells you a lot right there. We have traced IP addresses going directly back to the Administration.

I said back in January of 2015 when I wrote about that exchange, that the only anonymous Obot that this was likely to refer to was Reality Check. Bill (Foggy) Brian and I openly declare who we are. I certainly wondered at the time how Zullo could get anyone’s IP address, much less that of RC. But then a document revealed in evidence in the Melendres lawsuit tells what he meant.

The identification of RC as “Richard Skalsky” by IP address came from con man Dennis Montgomery. who apparently just made it all up. When Zullo said “we know,” he was lying. He didn’t know anything. Montgomery wrote “www.thefogbow.com” on his document, but it was “fogbow.com” that Skalsky registered. Stupid mistakes like that, and relying on a con man, is what passes for law enforcement investigation at the Cold Case Posse. Besides a few junkets to Hawaii and Washington State, the Cold Case Posse investigation is exactly the same as other birthers on the Internet.

Melendres document courtesy of the Phoenix New Times.

Obama Selective Service registration: POSSIBLE!

An interesting objection by retired federal agent Stephen Coffman to Barack Obama’s Selective Service registration was cited by Debbie Schlussel back in 2008: Obama could not have registered for the draft in Hawaii because he was attending classes at Occidental College at the time:

On the previous FOIA response, they stated that it was filed on September 4, 1980. In my second request I mentioned that Obama could not have filed it in Hawaii on September 4, 1980 as he was attending Occidental College in California, the classes of which commenced August 24, 1980.

That’s certainly a serious objection—if it were true. Obot research has obtained documents previously unavailable on the Internet showing that Fall Term activities at Occidental College actually started on September 21, 1980, not August 24.

I do not know where Mr. Coffman got his August 24 date from. Perhaps he got it from a class schedule for later years. Indeed it would have been incredibly difficult for retired federal agent Coffman to have found out the exact dates from 1980; he would have had to contact the registrar and ask, and that would have risked him being proven wrong. On the other hand Coffman may have learned better, because this objection did not appear in his 2013 affidavit for Orly Taitz.

This is a great example of how birther claims fall apart under scrutiny.

Occidental College Academic Calendar for 1980-81 School Year by Reality Check 1776 on Scribd

H/t to RC for the information.

The Clinton–Obama conspiracy

Today I have added Suzanne Hamner to my list of Birthers from A to Z. It was an oversight. Hamner is one of those birthers who can’t even call President Obama by his right name. Right Wing Watch has the story of Hamner’s conspiracy theory that Barack Obama is supporting Hillary Clinton, not to preserve his presidential legacy and not because she’s the best candidate running, but rather in a quid pro quo to pardon him for usurping the presidency once he leaves office. Hamner was writing for Bradlee Dean’s The Sons of Liberty Media web site. She wrote:

Hussein Soetoro (sic) is not the “forgive and forget” type.  His backing of Hillary has only one purpose – to secure a pardon should he be subsequently charged with crimes against the united (sic) States once he leaves office.

This is one of those conspiracy theories with no evidence behind it, one that will persist until Obama leaves office and has been gone a while. Then they will just stop talking about it.

With this article, I am adding a new main category to the blog: Post presidency conspiracies.