I’ve been engaged in an email conversation with Jerry Collette about his Obama eligibility lawsuit in Florida. Today he sent me the “Amended Complaint” that he intends to file in Collette v. Obama and said, “thanks for all the help.”
That comment triggers mixed feelings. It is my firm belief that this lawsuit will be dismissed and that nothing Mr. Collette is able to do or that I could help him do could change that. I don’t believe that anything I did got him closer to his goal of adjudicating Barack Obama’s eligibility. It’s not a matter of degree: either the case is dismissed or it isn’t.
What I did do was to criticize things I found, as you may have seen in my article, MTD filed in Collette v. Obama. Mr. Collette changed some things as a result of my criticism and I guess the Complaint is less flawed than it was before. When we started he had three causes of action. Now, it’s down to two. If I could convince him to reduce it to zero, then I think the complaint would be perfect
Problems with service, venue and joining parties that I think still exist in the Complaint could be fixed but there are other flaws that I don’t think can be fixed, and the foremost of these is a lack of standing. I got my legal education on standing from reading the scholarly opinion of Judge Surrick in the Berg v. Obama et al. case back in October of 2008. Surrick cautioned:
Standing can be a difficult concept for lawyers and non-lawyers alike.
Mr. Collette believes that some argument he has, but hasn’t shared with me, lets him get around the problem that his grievance is diffuse, no different from any other voter anywhere. I don’t think he understand the concept of standing.
The second uncorrectable flaw is the legal theory that based solely on the US Constitution, “Defendants owed a duty to plaintiff to ascertain that defendant Obama meets the Eligibility Requirements.” The Constitution doesn’t even envision the existence of political parties and I find it hard to imagine that in any construction that it could be construed to place a duty on a party. How ever the framers of the Constitution intended that only eligible Presidents serve, it wasn’t through political parties. I should also point out that even if the Executive Committee of the Democratic Party of Florida did nothing, Obama would still have been elected in 2008 without Florida’s 27 electoral votes.
I am not opposed in principle to some sort of formal determination of the authenticity of any President Obama’s birth certificate, nor am I opposed to the Supreme Court deciding what natural born citizen means in a more explicit way. What I am opposed to is the courts being peppered with lawsuits that are losers from the get go. Already 5 judges, federal and state, have ruled that Obama meets the definition of natural born citizen and Mr. Collette brushes aside all of the over one hundred dismissals of similar lawsuits, believing that all he has to do is find the right judge and he will prevail. Albert Einstein has been quoted as defining insanity as doing the same thing over and over and expecting different results.
Note: Barack Obama’s attorney, Richard B. Rosenthal of Miami, has filed a notice of appearance in the case.