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Archive | June, 2010

Kerchner appeal scheduled for next week

Snowball's chance in hell

June 15, 2010
Mario Apuzzo Esq.
Eric Fleisig-Greene Esq.
RE: Charles Kerchner, Jr., et al v. Barack Obama, et al
Case Number: 09-4209
District Case Number: 1-09-cv-00253
Dear Counsel:
The Court has directed me to advise counsel that the above-entitled case(s) will be submitted on the briefs on Tuesday, June 29, 2010 pursuant to 3rd Cir. LAR 34.1(a). Since there will be no oral argument, your presence will not be required.
Very truly yours,
Marcia M. Waldron, Clerk
By:
Tiffany Washington, Calendar Clerk

MMW/TLW
Pursuant to IOP Chapter 2, you are hereby advised that your appeal will be submitted before the following panel: SLOVITER, BARRY and HARDIMAN, Circuit Judges

Birther math (retrospective)

Dr. Conspiracy

Besides attending a delightful birthday party yesterday, I spend quite a bit of time writing the series of articles, Birther math (parts 1-7) , that examined A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii of 35 concerns over Barack Obama’s birthplace (and other things) by Mario Apuzzo.

When I studied Symbolic Logic, taught by the philosophy department of the University, we discussed the goal of that discipline: that a philosophical argument could be expressed in symbols and using the Predicate Calculus, a question could be answered logically and without controversy. When a dispute arose, philosophers would say, “let us calculate.”

How do you represent doubt and anxiety with symbols?

The application of this approach becomes difficult in practice due, I suppose, to the complexity of human thought, and to the fact that the answer one gets depends to a large extent on how the problem is stated, and here is where Apuzzo’s Catalog comes in. A great deal of what Apuzzo wrote would indeed be difficult to fit into the predicate calculus. How do you represent the truth or falsity of a question? How do you represent anxiety and doubt with symbols? Make no mistake, the Catalog is all about questions, anxiety and doubt; evidence and logical argument are rare. In fact I don’t recall seeing anything in his Catalog that would be admissible in court except perhaps in a closing argument and even there I can hear defense counsel objecting to every sentence. “Prejudicial” is a word that I think accurately characterizes the whole thing.

The Catalog is largely “spin”

My critics claim that I am a master of “spin.” While I am not shy about expressing opinions, I try to avoid bias. In the analysis of the Catalog, however, itself largely “spin,” my only possible response was often to unwind the spin, and that involves spinning something down — which is a kind of spin (spin here meaning to persuade that something should be looked at from a particular point of view). (Apuzzo says “you should look at this with suspicion” and I say “this is perfectly normal.”) I would much have preferred more claims from Apuzzo like the one where he says that Obama’s step grandmother said Obama was born in Kenya where I could factually reply that the transcript shows the translator as saying “Sir, she says he was born in Hawaii.” But alas, straightforward factual claims were rare.

It is nothing more than a smear.

A key word in the title of Mr. Apuzzo’s article is “doubt.” Apuzzo’s list is admittedly a catalog of doubts, not one of evidence. While Apuzzo is mostly content to cast doubt on true things, he sometimes stoops to outright lies such as number 32 where he says that”No one at Columbia [University] remembers Obama at Columbia.”(see Birther Math (part 7)). That fact that Apuzzo would repeat a lie like this, whether it came from an intentional disregard for the truth or from inexcusably sloppy research, points out what we are dealing with in his Catalog. It is nothing more than a smear.

Birther math (part 7) the final chapter

Here we end the analysis of a A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii by attorney Mario Apuzzo. We’re adding up the value of the items in his catalog picking up from Birther math Part 6. Click HERE to start at the beginning.

I’m surely glad to have reached the end of this trek. Final thoughts will appear at the end. So far we’ve not encountered anything to make a reasonable person doubt President Obama’s eligibility to be president. It’s been a rehash of the Kerchner v Obama lawsuit (on appeal after being dismissed) with a touch of Berg v Obama and an unhealthy dose of Internet tabloid WorldNetDaily.

So with our second wind, I attack item 31.

(31) In his book, “Dreams From My Father, ” at page 126, Obama, in referring to himself and his mother and father, quotes his mother as saying: “Then you were born, and we agreed that the three of us would return to Kenya after he finished his studies.”… Continue Reading →

Birther math (part 6)

Here we continue the analysis of a A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii by attorney Mario Apuzzo. We’re adding up the value of the items in his catalog picking up from Birther math Part 5.

This is the next to last (HOORAY!) installment of “Birther math.” So far in parts 1-5, we have seen an attorney do what attorneys are trained to do: create doubt. Unfortunately the doubt is build on unsupported claims, outright false statements, and clever tricks of rhetoric that my High School English teacher taught us were wrong to use. So far, it’s nothing that hasn’t been hashed and rehashed on the Internet and been debunked on this web site, the mainstream press and fact checking and debunking web sites. The score entering part 6 remains a goose egg.

Let’s move on to item 26.

(26) Nancy Pelosi, in her capacity as the Chair of the Democratic National Convention, signed an affidavit to 50 states certifying that Obama was nominated for the Office of President. In many of the 50 states, Pelosi did not address the issue of Obama’s Article II “natural born citizenship” qualifications…. Continue Reading →

Birther math (part 5)

Here we continue the analysis of a A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii by attorney Mario Apuzzo. We’re adding up the value of the items in his catalog picking up from Birther math Part 4.

So far our total is zero. Parts 1 and 2 summed a compendium of non-specific statements from people who had no reason to know what Apuzzo would lead us to think they said. Part 3 covered primarily innuendo based on the lack of evidence.  Part 4 features innuendo about Obama’s birth certificate, plus the unsubstantiated claim that some unnamed expert says that it’s a forgery. Nothing he has presented so far would be admissible as evidence in court except possibly the Indonesian school registration (properly attested). The rest at best it is hearsay, and at worst outright misrepresentation.

Let’s move on to item 21.

(21) In 1961 it was not very difficult for a family member to defraud the State of Hawaii by registering and claiming a child was born there when he or she was not and obtain a Hawaiian birth certificate. Birth registration fraud was easy in Hawaii and other areas as this recent article attests.; Continue Reading →