There are rumors swirling among the birthers that the Alabama Supreme Court will rule on the McInnish v. Chapman case this week. I don’t have any reason to think one way or the other about this prediction, but whatever the Court says, the affidavit of Mike Zullo, submitted to the court, is irrelevant. (On March 12, there was a Zullo Affidavit page on the Cold Case Posse Web site, but it was gone this morning. I don’t know if it was intentionally scrubbed or if it was lost in the recovery from a recent hacking incident.) The Zullo affidavit was submitted by the Appellants as part of a motion to strike an amicus brief from the Alabama Democratic Party because that brief contained items not part of the record of appeal. The Zullo affidavit, of course, is itself full of things not in the record of appeal.
The problem with predicting with certainty what the Alabama Supreme Court will do is that there are at least two birther sympathizers on the court, Chief Justice Roy Moore and Associate Justice Tom Parker. It’s possible there there will be a split decision and it is also possible for them to rule against McInnish, but insert birther-friendly language whining about having their hands tied by the law in an otherwise serious question about Obama. I have confidence in the ultimate victory of right over chaos and so I think the Alabama Supreme Court will look at the merits of the case and affirm the Montgomery Circuit Court’s ruling.
The sole questions to be decided by the Alabama Supreme Court are whether or not the “Jurisdiction Stripping Statute,” prevents the court from hearing this case,1 and if not whether or not the Secretary of State of Alabama had a duty in the last election to investigate President Obamas qualifications to appear on the ballot in Alabama.
The parties to the case and an amicus brief from the Alabama Democratic Party argue the issues upon which the court will rule. Several nut case amicus briefs were also submitted making wild claims about President Obama; they are not relevant to the question of law in this case. (See also my article: “Zullo’s irrelevant affidavit.”)
The first few sentences of the Zullo affidavit show that it is incompetent. Zullo swears that he has personal knowledge of things he’s heard from other people and that’s not how it works. Such testimony would not be allowed in court. One would think that anyone who was familiar with law enforcement would know what is testimony and what is not, but Zullo appears not understand this, nor apparently does he know what’s being decided in Alabama. But whatever opinion one has of the Zullo affidavit, it is irrelevant to this Alabama Supreme Court decision because it does not address the questions of law that the Court is deciding. The Alabama Democratic party references the Zullo affidavit in its response to the motion to strike thusly:
…the ADP assumes that it is unnecessary to further address whether this Court should consider the rambling screed that passes for an “affidavit” attached to the Appellants’ Motion to Strike. Virtually none of the information contained in the affidavit is admissible or credible…. The “affidavit” is inadmissible on its face and is composed of hearsay, speculation, and unsupported conclusions.
Read all of the briefs:
1The Jurisdiction Stripping Statute (Ala. Code 17-16-44) precludes Alabama courts from hearing cases regarding the “legality, conduct or results of any election except so far as authority to do so [is] specially and specifically enumerated and set down by statute.”