David Farrar hints at appeal

In a comment posted at the Atlanta Journal Constitution web site, David Farrar, plaintiff in the recent ballot challenge in Georgia, hinted at a possible appeal of today’s decision by Secretary Brian Kemp that Barack Obama was eligible under Georgia law to be on the March 6 ballot.

Farrar wrote:

I suppose the only way we can find out now if candidate Barack Obama was even born in the United States is to appeal Sec. Kemp’s decision, because there was absolutely no birth certificate entered into evidence in my January 26th ALC hearing.

And before anyone and throw up the FF & C clause at me, please understand, Hawaiian Health officials can only attest to the fact that the information contained on one of their certified birth certificates accurately reflects what is in their files, not to the accuracy of that information itself.

ex animo
davidfarrar

What is troubling to me is the last part of his comment that seems to presage another move of the goalposts. I read this to say that even if he had a certified copy of Obama’s birth certificate from Hawaii that could be proven to be a true copy, Farrar would still hold out for something else — perhaps a forensic analysis of the original records, and even then perhaps a claim that the hospital faked the certificate in 1961. Farrar seems to be pushing the standard of proof to absurd limits, far beyond the standard of proof required in American courts.

Farrar contends, however, that Barack Obama, even if born in Hawaii, is still ineligible. In his belief system, there  is no proof that could counter that belief because when a court rules against him, he can just claim that they are wrong.

About Dr. Conspiracy

I'm not a real doctor, but I have a master's degree.
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62 Responses to David Farrar hints at appeal

  1. donna says:

    the operative word is “claim” – that’s ALL they have EVER HAD …. claims

    and they move the goalposts OVER & OVER

  2. Scientist says:

    Having read Mr Farrar’s posts on Talking Points Memo and argued with him, I find him to be generally incoherent and pretentious, as evidenced by his “ex animo”. Really? From the heart? Who cares?

    While I am aware that some states give everyone a right to challenge candidates on the ballot. frankly I don’t think much of that as a general concept. Mr Farrar ought to have every riight to not vote for Mr Obama or anyone else he doesn’t like. he ought to respect his fellow citizens enough to allow them to draw a different conclusion. It’s a simple matter of respect.

    That is my ex animo opinion.

  3. Majority Will says:

    I recall David Farrar stating that he would accept the judgement of the court.

  4. Zixi of Ix says:

    And before anyone and throw up the FF & C clause at me, please understand, Hawaiian Health officials can only attest to the fact that the information contained on one of their certified birth certificates accurately reflects what is in their files, not to the accuracy of that information itself.

    I wonder if he’s patting himself on the back for refraining from claiming that the Hawaiian government is involved in a massive, 50-year cover up, the way most others birthers have?

    It would be a mistake to think that one can gain traction by adding dabs of reason to a festering pile of illogical thought, wild accusations, and a total lack of proof.

  5. BillTheCat says:

    Majority Will: I recall David Farrar stating that he would accept the judgement of the court.

    Which makes him just as big a liar as the rest of his bretheren. What a surprise!

  6. justlw says:

    Well, then. That’s perfectly sensible. We’re not saying that Hawaii is lying; we just believe that they maintain and certify false data. And our evidence of that is in the vault! We think!

  7. Scientist says:

    To paraphrase the famous headlline in the New York Daily News:

    Farrar to State: Drop Dead!

  8. I left the following comment at the Atlanta Journal Constitution:

    While all contemporary legal scholars agree that anyone born a citizen of the United States within the United States is a natural born citizen, there is at least a minority opinion that someone born a US citizen outside the country, might not be.

    Professor Charles Gordon wrote a paper in the Maryland Law Review titled “Who Can Be President Of The United States: The Unresolved Enigma” back when Mitt Romney’s Mexican-born father Gov. George Romney, was being considered as a presidential candidate. Gordon speculated how the question of his eligibility might be decided. The scenario that he found most likely is a case, exactly like the Georgia ballot challenges we have just seen (and the recent ones in Illinois and Virginia that raised the same issues and returned the same results). Gordon believed that such a case would receive expedited review at the state level, or that it would be removed to federal court, with a possible decision of the U. S. Supreme Court.

    Gordon wrote: “Since interpretation of the presidential qualification clause involves a federal constitutional question, such an issue would unquestionably wind up in federal court, either by an initial suit in such courts, or by removal of actions commenced in state courts, or by the Supreme Court review of a state court’s decision.” Gordon went on to say that the earlier the challenge is presented, the more likely a court is to weigh in.

    I would not want to guess whether the Supreme Court will hear any of these cases. They only hear a small fraction of the issues presented to them. This case, according to other courts such as the Virginia federal district court last month, say that it involves settled law, and the US Supreme Court doesn’t weigh in on settled law. Nevertheless, given the historical record of unanswered questions about presidential candidates, they might feel one of these cases was something they should address. Certainly if we were talking about John McCain (who was not born in the US) I think they would hear it.

  9. RuhRoh says:

    Someone ought to “throw FF &C” at him again and again until he learns what it means, since he apparently hasn’t yet. 😉

  10. ASK Esq says:

    I wonder if he realizes his interpretation of FF&C is irrelevant, even if correct (of course, it isn’t correct). If the State if Hawaii says yes, they issued a BC that says Pres. Obama was born there, then, as far as the other 49 states are concerned, he was born there.

  11. Keith says:

    RuhRoh:
    Someone ought to “throw FF&C” at him again and again until he learns what it means, since he apparently hasn’t yet.

    That’s what I was thinking. The FF&C clause is expressly designed to short circuit the recursive rabbit hole that Mr. Farrar is trying to jump into.

  12. elmo says:

    Well, if an authentic, state issued, official birth certificate is not good enough evidence of the location of someone’s birth for Mr. Farrar, I wonder what he does consider good enough evidence?

  13. DP says:

    elmo:
    Well, if an authentic, state issued, official birth certificate is not good enough evidence of the location of someone’s birth for Mr. Farrar, I wonder what he does consider good enough evidence?

    Not being black.

  14. Daniel says:

    elmo:
    Well, if an authentic, state issued, official birth certificate is not good enough evidence of the location of someone’s birth for Mr. Farrar, I wonder what he does consider good enough evidence?

    That’s the problem. No amount of evidence will be good enough, because it’s not about evidence.

  15. G says:

    BINGO!

    Daniel: That’s the problem. No amount of evidence will be good enough, because it’s not about evidence.

  16. Stanislaw says:

    …Health officials can only attest to the fact that the information contained on one of their certified birth certificates accurately reflects what is in their files, not to the accuracy of that information itself.

    If the birthers move the goalposts any further, they’d end up one of Newt’s moon colonies.

  17. Stanislaw says:

    DP: Not being black.

    Exactly. At the core of birtherism is racism, plain and simple.

  18. Paper says:

    On the topic of goalposts:

    I believe Orly Taitz submitted a subpoena to Hawaii insisting they transport her back in time to watch the birth.

  19. aarrgghh says:

    doc: “In his belief system, there is no proof that could counter that belief because when a court rules against him, he can just claim that they are wrong.”

    you’re talking about a whole ‘nother dimension: a dimension of spite, a dimension of fright, a dimension of fail … look out folks, ’cause you’ve just crossed over into: THE FARRAR SIDE

    “ship of fools”
    “birtherism explained”
    “sven wondered”
    “trivia tonight”
    “the birther’s dream”
    “do not touch”
    “another birther victory”

  20. Paper says:

    aarrgghh, you are so right. Time travel would not be enough. We’d have to check every parallel universe, every far-flung dimension, because in one of those alternate realities it’s possible President Obama was born somewhere else, and who is to say *that* Obama didn’t travel to *this* universe and replace this universe’s Obama.

    aarrgghh: you’re talking about a whole ‘nother dimension:

  21. G says:

    LMAO! Always loved the Farside. Great work on the “Farrar Side”.

    My favorite is “sven wondered”, of course. 😉

    “trivia tonight” is a close second.

    aarrgghh: you’re talking about a whole ‘nother dimension: a dimension of spite, a dimension of fright, a dimension of fail … look out folks, ’cause you’ve just crossed over into: THE FARRAR SIDE“ship of fools”“birtherism explained”“sven wondered”“trivia tonight”“the birther’s dream”“do not touch”“another birther victory”

  22. Arthur says:

    Wonderfully remastered comics! How did he get the typography so right? Is there a “Far Side” font?

    aarrgghh: you’re talking about a whole ‘nother dimension: a dimension of spite, a dimension of fright, a dimension of fail … look out folks, ’cause you’ve just crossed over into: THE FARRAR SIDE

  23. Lord Basil says:

    There is no longer a Constitution. Judge Malihi’s decision was so inept it is beyond description. Just look at the footnotes to it. It cites a case that has nothing to do with Natural Born Citizen.

    My country is officially gone. The Kenyan Marxist homosexual and the Occupy Wall Street crowd can have it and deficate on it all they want now because they have destroyed the country, just as Rush predicted he would.

  24. JoZeppy says:

    Lord Basil:
    There is no longer a Constitution.Judge Malihi’s decision was so inept it is beyond description.Just look at the footnotes to it.It cites a case that has nothing to do with Natural Born Citizen.

    My country is officially gone.The Kenyan Marxist homosexual and the Occupy Wall Street crowd can have it and deficate on it all they want now because they have destroyed the country, just as Rush predicted he would.

    Whaaaaaaaaaaaaa!

  25. Awww. Having a bad day? I wish I could offer you a cookie. Try to spend some time outdoors and go to a park or a rural setting if possible. Spring isn’t so far away.

    Funny though, who would have thought that an administrative law judge in Georgia had the power to officially make the United States go away. It boggles the mind.

    Lord Basil: There is no longer a Constitution. Judge Malihi’s decision was so inept it is beyond description. Just look at the footnotes to it. It cites a case that has nothing to do with Natural Born Citizen.

    My country is officially gone. The Kenyan Marxist homosexual and the Occupy Wall Street crowd can have it and deficate on it all they want now because they have destroyed the country, just as Rush predicted he would

  26. justlw says:

    There’s a Far Side cartoon I love, that I haven’t been able to find in any book or the webz: it shows the classic “wagons in a circle” scene, with Indians on horseback firing arrows into the circle.

    One of the settlers has an arrow in his hand and says to another: “What the… they’re lighting them on fire! Can they do that?”

    That’s pretty much how I picture the birthers as they’re confounded at every turn by, you know, laws and precedent and the Constitution and competent lawyers and stuff.

    “Can they do that?”

  27. JPotter says:

    Lord Basil:
    There is no longer a Constitution.

    Quick, call the Archives!

    Lord Basil:
    Judge Malihi’s decision was so inept it is beyond description.

    And Kemp is just a functionary? Where is your scorn for him?

    Lord Basil:
    deficate

    You misspelled one of my favorite words!

    Dr. Conspiracy: Spring isn’t so far away.

    And in many places, it’s a very mild winter. Hopefully you’re in one of them!

    My heating bill was 40% lower than normal, and the fuel cost is next to nothing! The Kenya Socialist Eco-hippie-in-Chief’s plans to confiscate all hydrocarbons are fail!

  28. JPotter says:

    justlw: “Can they do that?”

    Yep, and it seems so darn unfair! 😉

  29. G says:

    Awwww… Poor Lord Basil has Birfer Tears…

    http://sadtrombone.com/

    Lord Basil: There is no longer a Constitution. Judge Malihi’s decision was so inept it is beyond description. Just look at the footnotes to it. It cites a case that has nothing to do with Natural Born Citizen.My country is officially gone. The Kenyan Marxist homosexual and the Occupy Wall Street crowd can have it and deficate on it all they want now because they have destroyed the country, just as Rush predicted he would.

  30. JPotter says:

    G:
    Awwww… Poor Lord Basil has Birfer Tears…

    http://sadtrombone.com/

    Am I the only one that doesn’t suspect sarcasm / parody? I still can’t fathom delusion that deep!

  31. Joe Acerbic says:

    Lord Basil:

    My country is officially gone.

    Your country was gone 1945. The remnants of it fled to Argentina.

  32. ASK Esq says:

    Lord Basil: My country is officially gone.

    Well, then, perhaps you’d like to move to the United States. We’re still doing fine, lots of freedom and liberty, and unlike some places, we allow people to serve as President without regard to skin color (Well, now we do).

  33. aarrgghh says:

    i’m impressed — i didn’t think we’d be hearing from lord heehaw again. well, the country’s still here. it’s his bank that went down in flames …

    Lord Basil: HAH! The birther movement is a movement of patriots who want the USC followed so that future would be usurpers like the Kenyan Marxist homosexual can’t just waltz into the White House without proving they are eligible.

    Four more days until Barry Soetoro is dropped from the Georgia ballot. The others will fall like Domino’s and then he will probably resign.

    Write the check, take it to the bank, and cash it.

    American Exceptionalism will be restored!

  34. aarrgghh says:

    there is no “far side” font that i know of — i just reconstructed any missing letters from the ones that were available. the copy text larsen used is “avenir black”.

    Arthur:
    Wonderfully remastered comics!How did he get the typography so right? Is there a “Far Side” font?

  35. Lupin says:

    Lord Basil: There is no longer a Constitution. Judge Malihi’s decision was so inept it is beyond description. Just look at the footnotes to it. It cites a case that has nothing to do with Natural Born Citizen.

    My country is officially gone. The Kenyan Marxist homosexual and the Occupy Wall Street crowd can have it and deficate on it all they want now because they have destroyed the country, just as Rush predicted he would.

    And that’s only the beginning. Any day now the black helicopters will swoop in to force you to have homosexual married sex with a brown person in the abortion emporium after taking all your guns away. The horror, the horror.

  36. Daniel says:

    Lord Basil: Judge Malihi’s decision was so inept it is beyond description

    Why are Judges only inept when YOU lose?

  37. The Magic M says:

    > What is troubling to me is the last part of his comment that seems to presage another move of the goalposts. I read this to say that even if he had a certified copy of Obama’s birth certificate from Hawaii that could be proven to be a true copy, Farrar would […] claim that the hospital faked the certificate in 1961.

    I predicted this right from the beginning when birfers started asking to see the original vault document.
    They would just go “well, maybe it’s not forged, but we want confirmation the person who entered the data wasn’t lying, or being duped, or in error, or all of the above”.
    Just like me and my passport which used to state a wrong eye colour, they would come up with some examples where official documents contained errors and then conclude “officials documents aren’t credible anyway”.

    And why not, I mean, it’s the only recourse they have to keep their delusion alive.

  38. Majority Will says:

    aarrgghh:
    there is no “far side” font that i know of — i just reconstructed any missing letters from the ones that were available. the copy text larsen used is “avenir black”.

    Please at least have the respect to spell Gary Larson’s name correctly.

  39. Majority Will says:

    justlw:
    There’s a Far Side cartoon I love, that I haven’t been able to find in any book or the webz: it shows the classic “wagons in a circle” scene, with Indians on horseback firing arrows into the circle.

    One of the settlers has an arrow in his hand and says to another: “What the… they’re lighting them on fire!Can they do that?”

    That’s pretty much how I picture the birthers as they’re confounded at every turn by, you know, laws and precedent and the Constitution and competent lawyers and stuff.

    “Can they do that?”

    10/11/1982, The Far Side by Gary Larson.

    You can find it on page 246 of The Complete Far Side by Gary Larson, Volume One, 1980-1986.

    ISBN 0-7407-2113-5

  40. Northland10 says:

    Lord Basil: The Kenyan Marxist homosexual

    I cannot recall Lord Basil ever referring to President Obama by name. It appears that, to him, the President is only an object, and not a person. This trait shows up with many other “haters,” who dehumanize minorities, women, children, etc.

  41. Stanislaw says:

    Northland10: I cannot recall Lord Basil ever referring to President Obama by name.It appears that, to him, the President is only an object, and not a person.This trait shows up with many other “haters,” who dehumanize minorities, women, children, etc.

    This may be just a wild guess but it probably has something to do with the fact that Basil, like the extreme majority of birthers, is an ignorant, delusional, hate-filled racist. I could be wrong though.

  42. Thomas Brown says:

    So amusing to hear from Lord Basil, the Satan-worshipping brain-damaged pedophile plague-carrier, again.

  43. Stanislaw says:

    Lord Basil:
    .Judge Malihi’s decision was so inept it is beyond description.Just look at the footnotes to it.It cites a case that has nothing to do with Natural Born Citizen.

    Coming from a member of a movement that constantly cites Minor as controlling precedent when that case isn’t about natural born citizenship (while ignoring Wong Kim Ark, a case that is about natural born citizenship), I find your comment hilarious. Hypocritical much?

  44. Dr. Bob says:

    There’s a word for people for whom no evidence is sufficient to change their minds.

  45. y_p_w says:

    The Magic M: They would just go “well, maybe it’s not forged, but we want confirmation the person who entered the data wasn’t lying, or being duped, or in error, or all of the above”.
    Just like me and my passport which used to state a wrong eye colour, they would come up with some examples where official documents contained errors and then conclude “officials documents aren’t credible anyway”.

    Isn’t that always the case with birth certificates?

    Personally I think the government-issued birth certificate as we know it for the past 80-90 years is about as unconvincing a document as could be used for identity purposes. We’re talking no photo and no means of actually proving someone is the person named on the certificate. It wouldn’t make much sense anyways to photograph a baby for later identification purposes anyways. Appearance just changes too fast; my kid was unrecognizable compared to newborn photos just three months later. It’s basically what’s used because governments can’t come up with anything better quite yet.

    Of course there have been steps to make actual forgeries more difficult. There are special security papers (especially custom-printed banknote style), serial numbered forms, embossed seals, etc. Even so, there have been some forgeries that have been convincing enough that people have been issued driver licenses, passports, etc based on forged birth certificates.

    We know that in some cases there has been registration fraud. There are documented cases where people have obtained real birth certificates and passed them off as their own, such as stolen/sold BCs in Puerto Rico and randomly obtained BCs in California. California now requires that only “authorized” people (similar to “person with a tangible interest” in Hawaii) can obtain full birth certificates, but there are still some states where anyone can order a complete standard birth certificate.

    For that matter – there’s the issue of who certifies that a birth occurred. In many states the attendant isn’t strictly required to be the certifier. With my kid’s BC, that was a hospital administrator. She saw the baby, but to her the only proof was from looking at a medical chart.

    There are cases where babies were switched at birth at the hospital. However, I’d hope there are better safeguards now. My kid was immediately outfitted with a band with my wife’s name attached to the ankle.

    Of course this is what we’ve got. Maybe one day it’ll come down to requiring a DNA test result be filed along with the paperwork.

  46. aarrgghh says:

    the latest “farrar side”:

    “what birthers say”

  47. jayHG says:

    Dr. Bob: There’s a word for people for whom no evidence is sufficient to change their minds.

    …and that word is mentally ill delusional nutbag.

  48. jayHG says:

    aarrgghh: the latest “farrar side”: “what birthers say”

    Funny……I love the far side…..

  49. DCH says:

    So when did the State of GA rule on the eligibility of M. Romney, N. Gingrich, R. Paul and the rest of the roster in the GOP primary? What are they hiding?

  50. DCH says:

    So when did the State of GA rule on the eligibility of M. Romney, N. Gingrich, R. Paul and the rest of the roster in the GOP primary? What are they hiding?

  51. justlw says:

    Majority Will: 10/11/1982, The Far Side by Gary Larson.

    You can find it on page 246 of The Complete Far Side by Gary Larson, Volume One, 1980-1986.

    ISBN 0-7407-2113-5

    Man, I was hoping that would happen.

    I owe you a complete set of cow tools. Where should I send them?

  52. Majority Will says:

    justlw: Man, I was hoping that would happen.

    I owe you a complete set of cow tools. Where should I send them?

    😀

    Darn! There goes the phone again and there they sit without opposable thumbs.

  53. G says:

    Another good one. Kudos.

    aarrgghh: the latest “farrar side”: “what birthers say”

  54. G says:

    Agreed.

    jayHG: Dr. Bob: There’s a word for people for whom no evidence is sufficient to change their minds.

    …and that word is mentally ill delusional nutbag.

  55. Rickey says:

    Lord Basil:
    There is no longer a Constitution.Judge Malihi’s decision was so inept it is beyond description.Just look at the footnotes to it.It cites a case that has nothing to do with Natural Born Citizen.

    My country is officially gone.

    We’re still waiting for you to cite a single civics text, history text, or Constitution Law text which says that a natural born citizen must two two U.S. citizen parents. When you do that, we may have something to talk about.

    Oh, and it is not your country. It is our country. And most of the voters in our country voted for Obama in 2008. If you don’t like it, there is an election coming up in November.

  56. Rickey says:

    That should be “must have two U.S. citizen parents,” of course.

  57. nbc says:

    My country is officially gone. The Kenyan Marxist homosexual and the Occupy Wall Street crowd can have it and deficate on it all they want now because they have destroyed the country, just as Rush predicted he would.

    You’re hilarious. For a while I thought you were serious, then I realized you were a fantastic troll pretending to be this outrageous right-winger.. Rush…. Priceless…

  58. Lupin says:

    Latest statement by Liar, Hypocrite& Delusional Bigot David Farrar:

    I respect the decisions made by Judge Malihi and Sec Kemp. I have no doubt they made the decision they thought was right. We are, after all, all seeking to do the right thing while providing a fair process for all.

    Having said that, my goal in initiating this case was to try and create a legal platform whereby candidate Obama, or his legal representation, could come in and present candidate Obama’s birth certificate. As has been pointed out, the Administrative Law Court is little more than an evidentiary hearing, the perfect setting for this event. But, sadly, when the time came to pony-up, both candidate Obama and his attorney ran away, stuffing a copy of a birth certificate into an envelop.

    ex animo
    davidfarrar

    At this point I don’t even understand what he wants.

  59. Stanislaw says:

    Lupin:

    At this point I don’t even understand what he wants.

    A white President.

  60. I don’t know what he wants, but I know what he is asking for today: a certified copy of the birth certificate. We all know where that leads: It leads to some crank birther expert saying it’s a fake and on and on.

    Lupin: At this point I don’t even understand what he wants.

  61. bovril says:

    Ah Mr Farar and “ex animo”….”from the heart”….being a Birfoon something rather lower in the bodies plumbing would be more appropriate.

    To parpaphrase Carracus

    “Annales Geramus, cacata carta”

  62. Scientist says:

    Lupin: At this point I don’t even understand what he wants.

    What all the birthers crave above all else- attention

    That is ALL this has been about from start to finish. It’s made minor celebrities out of a bunch of people who were, for good reason, obscure nobodies.

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