I try to put the best face on things, but I can’t think of any honorable reason for Mike Zullo’s affidavit (embedded at the end of this article) submitted in the case of McInnish v. Chapman to the Alabama Supreme Court. It is incompetent, irrelevant and immaterial.
The question before the Alabama Supreme Court is one of election law, and whether the Alabama Secretary of State has a duty to obtain documentation of candidates for President of the United States before placing them on the ballot or certifying votes for them. Generally courts of appeal decide questions of law, not questions of fact. The Alabama Supreme Court is not looking into the validity of Obama’s personal documentation but whether the lower courts were correct in dismissing the McInnish suit. (When a case is dismissed, questions of fact are not decided.) That is why the Zullo affidavit is irrelevant, being nothing but a collection of allegations against the President.
McInnish is being represented by counsel, and therefore it is known to him that the affidavit is irrelevant to the decision that the Alabama Supreme Court is deciding. If the affidavit is known to be irrelevant, then it is being submitted for another purpose, and it is patently obvious that the purpose is to publicize the allegations through the lawsuit, an improper purpose. While birthers make all sorts of unproven claims, it is beyond question that it is the birthers themselves who are guilty of all sorts of improper conduct (frivolous lawsuits, politically motivated lawsuits, and illegal access to federal databases just to name a few).
The latest Zullo affidavit begins with a bald-faced lie, saying that the information in the affidavit is based on his “personal knowledge.” For example, Zullo says that Mara Zebest is “contributing author and technical editor for more than 100 books on Adobe and Microsoft software.” That might be true, or it might not (I’ve never been able to find evidence that it is true), but in either case Zullo is not a publisher of books and has no personal knowledge of whether it is true or not. Zullo could never testify in court as to the qualifications of Zebest—he doesn’t have any personal knowledge of them.
Mike Zullo proves his incompetence in law enforcement matters by asserting that his affidavit is competent testimony admissible in court. It is a compilation of rumors, hearsay and inexpert conclusions.
Frank Arduini spent considerable effort exposing the previous Zullo affidavit as garbage, and this latest is in the same vein. What I think is going on here is an attempt to cover up the fact that Zullo keeps promising real results, and never produces them. This is just more noise, and submitting it with the McInnish appeal somehow makes it look like something “official.”
See also the analysis by bovril.