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Help us Mitt Romney; you’re our only hope

This article is in my “only hope” series:

Yes, once again a birther puts forward a vain hope to dislodge the President through legal action, this time in the person of Montgomery Blair Sibley. The occasion is the rejection of his appeal to the United States Court of Appeals for the District of Columbia in his case Sibley v. Obama. The Court declined to delve into the matter Sibley raised, saying as so many courts before have said (going all the way back to Phil Berg’s 2008 case), the birther lacks standing, and in this case: Sibley’s “‘self declaration as a write-in candidate’ does not confer Article III standing….”

The inference drawn by Sibley is that Mitt Romney, who was in every sense a real candidate with a specific personal stake in the outcome of the 2012 election, does have standing. So Sibley has issued a public letter to Mitt Romney (which saves him the 46 cents for a postage stamp I guess), putting forward various conspiracy theories about Barack Obama, saying that the federal judiciary has failed in their duty, and asking for a 30 minute interview with Romney in which to present his case. (I thought folks were only allotted 15 minutes of fame.)

There are several problems with Sibley’s scenario. Individual harm from the outcome of the election does not alone confer standing on a candidate; a further requirement is that the court have the power to redress the alleged wrong and no court has the power to remove the President; only the Congress may do that. Romney has more sense than to get involved with birther nuttery anyway and finally, Obama is eligible in the first place, something that is well established, fully certified, and plainly obvious to everyone except the birthers.

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21 Responses to Help us Mitt Romney; you’re our only hope

  1. avatar
    Joey June 8, 2013 at 11:26 pm #

    The first Article II, Section 1 lawsuit that I heard about was Hollander v. McCain (months before Berg v. Obama). A New Hampshire Republican primary voter named Fred Hollander sued John McCain and the Republican National Committee on the grounds that McCain was not eligible due to his birth in Colon, Panama (not the real birthplace at Coco Solo Naval Air Dtation in the Canal Zone).
    McCain and the Republican Party got Hollander’s lawsuit dismissed for lack of Article Three Standing.
    From that 2008 lawsuit, I have always felt that McCain, Palin, Romney and/or Ryan needed to be plaintiffs or co-plaintiffs/lead plaintiffs in any eligibility challenge and the fact that none of those names have appeared in as much as an Amicus Brief has doomed every birther lawsuit.

  2. avatar
    Rickey June 8, 2013 at 11:54 pm #

    Even if the courts had the authority to remove a sitting President, a lawsuit by Romney would be doomed by, the doctrine of laches.

  3. avatar
    Andrew Vrba, PmG June 9, 2013 at 12:12 am #

    Except that Romney lost any standing for such a lawsuit the second he conceded defeat. But since when have those funny little birthers ever let pesky details like facts get in their way?

  4. avatar
    ASK Esq June 9, 2013 at 12:48 am #

    Considering everything else on which Romney has blamed his defeat, I’m sure if he was going to go birther, he would have done so by now.

  5. avatar
    JPotter June 9, 2013 at 1:02 am #

    Not this crap again—of course this crap again!

    Why on earth would rMoney even give a flip? Hmmm … manage my investments, or put up with the impossibilities of the Presidency …. hmmmmm.

  6. avatar
    misha marinsky June 9, 2013 at 2:41 am #

    I just sent Sibley two links. My famous Kenya BC:

    http://newyorkleftist.blogspot.com/2009/09/another-kenyan-birth-certificate.html

    And my article on Obama suing Orly Taitz:

    http://newyorkleftist.blogspot.com/2012/11/obama-i-am-suing-orly-taitz.html

  7. avatar
    Dr. Conspiracy June 9, 2013 at 7:54 am #

    I have updated the article to point out that Romney lacks standing also because the court cannot redress the wrong Sibley claims: it cannot remove the president. Redressability is a requirement for standing.

  8. avatar
    misha marinsky June 9, 2013 at 8:08 am #

    “Romney has more sense than to get involved with birther nuttery anyway”

    Romney tried it once, and it backfired.

  9. avatar
    Andrew Vrba, PmG June 9, 2013 at 8:56 am #

    misha marinsky:
    “Romney has more sense than to get involved with birther nuttery anyway”

    Romney tried it once, and it backfired.

    The difference between him and other candidates who played in the birther sewer, is that he learned from his mistake and got on with this life. Unlike say…Cody Robert Judy.

  10. avatar
    Reality Check June 9, 2013 at 8:59 am #

    The Ninth Circuit point out in the affirmance of Judge Carter’s decision in Drake v Obama that after January 20, 2013 Mitt Romney was no longer a candidate and the courts were powerless in this issue. Also, SIbley’s reading of this decision from the DC Court of Appeals is a stupid as Taitz reading of Judge Carter’s ruling has been four four years. Just because the court picked the reason that Sibley was not a serious candidate for dismissal doesn’t mean there weren’t a dozen more perfectly valid reasons to dismiss.

    Dr. Conspiracy:
    I have updated the article to point out that Romney lacks standing also because the court cannot redress the wrong Sibley claims: it cannot remove the president. Redressability is a requirement for standing.

  11. avatar
    Squeeky Fromm, Girl Reporter June 9, 2013 at 10:47 am #

    I read Sibley’s crap, and he sounds like a TOTAL narcissist. Plus, I think he is the same Birther who used to get drunk on Facebook, and write all kinds of crazy weird and vicious stuff, and then delete it the next morning when he sobered up. I will try to find his name he used there. Meanwhile, I HATE open letters, so I did this:

    https://www.youtube.com/watch?v=Fv4CIeZCTEg&feature=youtube_gdata_player

    Squeeky Fromm
    Girl Reporter

  12. avatar
    donna June 9, 2013 at 10:55 am #

    excuse- moi but what is a “congressionally authorized lawsuit”?

    wouldn’t the identified forger make millions by coming forward?

  13. avatar
    nbc June 9, 2013 at 1:34 pm #

    Dr. Conspiracy: I have updated the article to point out that Romney lacks standing also because the court cannot redress the wrong Sibley claims: it cannot remove the president. Redressability is a requirement for standing.

    But he is not our President… Except, of course, he is… The poor birthers refuse to accept that he is our President and yet, when in front of a Court, they are faced with the simple fact that all steps in the constitution have been followed and thus even IF our president is found to have been ineligible, the de facto officer doctrine, would be hard to overcome. Until such a finding is made by Congress and our President is lawfully impeached, one cannot legally further the claim that he is not our president.

  14. avatar
    GLaB June 9, 2013 at 2:33 pm #

    They may be on to something this time. Willard scans correctly:

    “Help us, Obiwan Mittromney.”

  15. avatar
    donna June 9, 2013 at 2:43 pm #

    do we remember mitt’s poor excuse for a “birth certificate”?

    http://www.reuters.com/article/2012/05/29/us-usa-campaign-romney-birth-certificate-idUSBRE84S1GF20120529

  16. avatar
    misha marinsky June 9, 2013 at 2:51 pm #

    donna: do we remember mitt’s poor excuse for a “birth certificate”?

    http://www.reuters.com/article/2012/05/29/us-usa-campaign-romney-birth-certificate-idUSBRE84S1GF20120529

    A COLB that has “VOID” all over it. But, that’s OK – we all know why.

  17. avatar
    US Citizen June 9, 2013 at 4:19 pm #

    I have a suggestion for the birthers: stop.

    Looked at logically, this decision wins hands down.
    Here are my reasons:

    1. Less money- No court fees, sanctions, flights, gas, overpriced parking, notaries, letters sent.
    2. Less work- Same outcome. Use your birther time for better uses. You tried; he got re-elected.
    3. Less waiting- Obama will cease to be president in less time than all your previous efforts took.
    4. Less shame- You tried everything for 5 years. Nothing worked. No one can say you didn’t try.
    5. More respect from relatives who aren’t birthers.
    6. Less stress and more sleep- you tried and it didn’t work. Let it go and enjoy life.

    … or wait 3+ years more and obtain the same results.

  18. avatar
    ZixiOfIx June 10, 2013 at 3:45 am #

    misha marinsky:
    “Romney has more sense than to get involved with birther nuttery anyway”

    Romney tried it once, and it backfired.

    Romney’s exact quote was: “No one’s ever asked to see my birth certificate. They know that this is the place that I was born and raised.”

    Which I think infuriated people and motivated them to vote for President Obama, or at least for “Not Romney”.

    Romney’s comment drove home the point that the birthers didn’t demand Romney’s records, or McCain’s records, or Palin’s records, or Bush’s records or… feel free to keep going back. Birthers only wanted Mr. Obama’s records.

    People understood the inequity and the motivation, and Romney’s arrogant comment helped illustrate the point.

    Also, I wanted to point out that Romney’s comment wasn’t the only one from his campaign. His son made nasty comments, and at least two people heavily involved in his campaign tried to keep President Obama off the ballot in two different states.

    Romney immigration adviser and Kansas Secretary of State Kris Kobach considered banning President Obama.

    Additionally, Arizona Secretary of State, Ken Bennett demanded that Hawaii prove it had Mr. Obama’s BC.

    Romney and his flying monkeys tried no fewer than four times to fly the birther freak flag, and it didn’t help them at all.

  19. avatar
    The Magic M June 10, 2013 at 4:52 am #

    We should lock Sibley in a room with Cody Robert Judy who claims that while Romney would have standing, he is barred from challenging Obama because he conceded the race on election night. (And that therefore Congress must crown Judy President because he didn’t concede anything.)

    Two brain cells walk in, one brain cell walks out (if any).

  20. avatar
    predicto June 10, 2013 at 12:45 pm #

    So glad to have Squeeky back!

  21. avatar
    Squeeky Fromm, Girl Reporter June 10, 2013 at 2:47 pm #

    Hi Predicto!!!

    I just needed a break from all the insanity. After all, it’s not like anything is going to change in Birther LaLa Land. Same Bat Poop, Same Bat Channels.

    Squeeky Fromm
    Girl Reporter