One thing struck me in the order dismissing the ballot challenge, Liberty Legal Foundation v. National Democratic Party of the U.S.A. The judge, before dismissing the case, had some harsh words about a submission of supplemental authority from the Plaintiffs’ attorney, Van R. Irion. What he said was that the brief was really a sur-reply, something that is usually not allowed under the rules. Judge Anderson wrote:
The Court finds that Plaintiffs’ Motion is not well-taken. Even though Plaintiffs label the brief they seek leave to file a “supplemental response,” Plaintiffs are in fact seeking leave to file a sur-reply. As many courts have noted, “[s]ur-replies . . . are highly disfavored, as they usually are a strategic effort by the nonmoving party to have the last word on a matter.”
Sur-replies are allowed sometimes when the Defense raises a new legal argument or submitted new evidence, something Judge Anderson said was not the case in LLF.
Jerry Collette is also working on a document he calls “Supplemental Brief in Opposition to Motions to Dismiss.” Depending on when it is submitted and when the Defense files their reply, this might be a sur-reply too. In any case, the Defense gets the last word. I wonder if Jerry has a dollar figure in mind of how much he has damaged the Florida Democratic Party with his frivolous lawsuit.
I thought Collette was concerned with describing the ‘damages’ he has suffered in terms of dollar signs. You’re not suspecting him of malicious intent, are ya?
Well, OK, i definitely am.
His one frivolous suit wasted a little time. But his attempt to franchise it out and encourage a crowdsourced litigious wave from sea to shining sea … clear attempt to clog the courts and sap Democratic resources. Essentially negative fundraising / volunteering.
Any confirmed reports of his DIY kit being used anywhere?
Looks like you’re not that interested in conspiracy theories anymore and more interested in legal this and that. Maybe you should start your own law school like this birfoon:
http://www.lysanderspoonerlawschool.org
Jack Cashill used to have a page on his web site touting the award of “2012 Book of the Year” from the Lysander Spooner Law School. Mr Olsen (who does the Spooner site) used to comment here.
I think the coverage here is balanced between legal and conspiratorial aspects of the birthers. Most of the lawsuits allege conspiracies anyway. Articles dealing with birth location, for example, can be found here:
http://www.obamaconspiracy.org/category/birth-location/
What I’m saying is that Collette is oblivious to the consequences of his irresponsible actions. I’ve not seen any reports of anyone using his Kit to file a lawsuit; and after his case is dismissed next month, I wouldn’t see much point in anyone doing so.
He can supplement or “sur-reply” if it’s permitted, all he wishes. The fact remains that his “tort” claim of “negligence per se” does not exist.
Obama Lawyers in Tennessee Federal Court Case essentially admit that Obama is NOT eligible to serve as the POTUS – “Defendants [the Tennessee Democrat Party and the Democrat National Committee] assert that the Tennessee Democrat Party has the right to nominate whoever it chooses to run as a candidate, including someone who is not qualified for the office.”
Read more: http://times247.com/articles/dnc-voters-not-constitution-determines-eligibility#ixzz1yijkiyUF
Doc, I’m afraid you give these birthers far too much credit for critical thinking. It doesn’t matter if they lose suit after suit, he is one of their heroes and I’m sure they will eventually choose to use the kit simply just to try to get one successful case through and prove his work correct.
John, thanks for the link. I wanted to write about that particularly silly spin.
Your reading comprehension deficiencies are biting you in the ass again.
And when the rest of his deficiencies finish biting him, he’ll have no ass left. But then that would give them access to start working on his head.
Wow! Including the URL, that’s an illogic double leap, from spin to “well duh” and back to spin again! Well, done, John!
I also note that the phrase embedded in the URL (the file name of the story!) doesn’t actually appear in the story itself …. a subliminal message? 😛
Would you be so kind as to show us where you think they did any such thing?
The defendants never said Obama wasn’t eligible, they said that they could nominate someone who wasn’t eligible. (They could, for instance, nominate someone who would be 35 in January but wasn’t 35 yet.)
Hey John: I am looking for a list of current birther claims. Can you post a claim dump in the Open Thread? (I’m serious. Really.)
It’s always hard to tell if birthers have a problem with understanding basic English or are spin artists of Orwellian proportions.
If the lawyers had instead said “including Nelson Mandela”, would you have concluded “Obama’s lawyers essentially admit that Obama is Nelson Mandela”? *duh*
Back to the topic….
Jerry seems to be taking to heart the free legal advice provided to him here and on RC Radio. I think that will become even more clear when the latest supplemental motion is filed. However, no amount of tweaking and citations can fix a case that is fatally flawed.
john, you’re an idiot.
Back to Jerry’s blame the victim claim. Under his reasoning, anyone who uses his kit and gets subject to sanctions can then come back at him and sue him
There is a step missing in your ‘logic’ which renders it moot. What the TN Democrat party IS saying is that the issue of eligibility is not relevant, not that it has been admitted to. Poor John, so desperate and so unable to apply logic and reason.
Well done John
The latest communication I have from Jerry says that the revised supplement will be finished tomorrow. I don’t know enough about the law to conclude that his suit is fatally flawed; all I can say is that the current incarnation is unpersuasive to me to the extent that I’m willing to go out on
a limban I-beam and predict a loss.“essentially admit”, much like “indirectly confirm”, are just some of the magical weasel words birfers have to use to mesmerize themselves into hearing officeholders and legal professionals (ie, the people who matter) tell them the exact opposite of what’s being said.
Well, since all Birthers do is recycle the same dead horses over and over again, all you have to do is look to long debunked claims and tabloid rumour nonsense from 2-4 years ago and assume that will soon be the latest “new” thing in Birtherdom yet again…
A claim dump expressed as a single sentence:
Obama is not eligible because he was born in Indonesia or Africa or China to either Frank Marshall Davis or Malcolm X and raised by Muslims, the Illuminati, NWO or lizard people and after being illegally elected through voter fraud, threats or bribes was sworn in twice by a RINO Supreme Court Judge.
Or something like that, but all we KNOW is he can’t possibly be President… but it has nothing to do with the fact he’s black, half black or a democrat.
Naturally, I can only cover these things from memory.
If I’ve left anything out… why… just ask me specific questions and I’ll be glad to answer them one by one.
-Lt. Cmdr. Philip Francis Queeg
So that’s it. The President stole their strawberry ice cream. I knew it!
IANAL either but adding citations to tort law cases is not going to cure the fact that he has no claim under tort law, he is trying to bring an election challenge under the guise of a tort claim, and the court has no power to order the state of Hawaii to do anything. The idea he has been injured because President Obama was the only Democratic candidate in Florida in 2012 and has a claim for monetary damages is absurd.