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Archive | February, 2016

Cruz calls Trump’s bluff

If he wants to file a frivolous lawsuit, he can file a frivolous lawsuit.

And that is really the whole story. Cruz was on the Hugh Hewitt talk radio program, and gave that response to a question from Hewitt whether Trump had standing to bring a lawsuit over Cruz’ eligibility to become president.

Cruz, who has impressive legal credentials, dodged [ignored, blew off, sidestepped] the substantive question of standing (that he might well have had something worthwhile to say about) and instead called Trump’s bluff. And hey, nobody likes a frivolous lawsuit.

I found out about it at Mediaite.

Lame duck

imageIt struck me last night as I was thinking of Obama’s remarks about appointing a new justice for the Supreme Court in opposition to Republican demands that it wait for the next president, that the character of Dr. Conspiracy is tied to the presidency of Barack Obama and that we are both in the winding-down phase of our respective roles.

The term “lame duck” originally referred to someone who financially defaults in the stock market, but it was later used in politics for someone who is serving out his term after an election, inspired by a quotation possibly by Abraham Lincoln: “[A] senator or representative out of business is sort of a lame duck. He has to be provided for.”

Obama will get his pension starting when he leaves office. Despite rumors on the Internet, US presidents do not get their full salary as a pension—their pension equals the pay of the head of an executive department of the government, which for 2015 would be $203,700 per year. I, of course, don’t get paid for blogging, so my finances won’t change as a consequence of the end of active publishing here at Obama Conspiracy Theories, come January 20, 2017. We will both have to figure out what to do with our time. I will be president of a local civic organization in 2017, and I have already started devoting significant time to Habitat for Humanity, so I think I am for the large part set.

The more pressing problem is relevance. While I think the promised Republican obstructionism on the Supreme Court is despicable, it still will be difficult for Obama to push through any major initiatives. I really don’t anticipate anything to happen in the real world that this blog will influence.  Birthers are not all that interesting any more—just a little less of the same. All of that said, Obama is still president and I am still Dr. Conspiracy, and we will both [preserve, protect and defend the Constitution, and do our jobs to the best of our ability while we have them.

Donald Trump: I have standing to sue

Well maybe.

image

The Donald Trump Twitter publicity machine put out a threat to sue Ted Cruz over his eligibility. One photo that appeared in response:

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It seems on the surface that a competitor in a political race can reasonably claim harm from an ineligible opponent—it hurts their chances of getting elected and the courts have recognized what they call “competitive standing.” See Tex Dem. Party v. Benkiser, 459 F.3d 582, 586-87 & n.4 (5th Cir. 2006); Schulz v. Williams, 44 F.3d 48, 53 (2d Cir. 1994); Fulani v. Hogsett, 917 F.2d 1028, 1030 (7th Cir., 1990).

Showing an injury in fact, however, is not the only requirement for standing. Another requirement is that the Court must be able to grant the relief requested. We do not know what a hypothetical Trump v. Cruz lawsuit would demand, but at a minimum it would include a declaration that Ted Cruz was ineligible to be president. If, as some judges have suggested (see, for example, Keyes v. Bowen 189 Cal.App.4th 647, 661 (2010)), the definition of natural born citizen is delegated to Congress in certifying the vote of the electoral college, then courts may well be unwilling to grant even a declarative judgment for or against Cruz.

In the unlikely event Trump brought a lawsuit, and in the unlikely event that he won some judgment against Cruz, an appellate court could simply reverse the lower court, saying “you can’t do that” and avoid any resolution of the Cruz eligibility question.

I think it nearly certain that Trump will never sue Cruz because he would likely lose the suit, and that would make him look bad. In my opinion, Trump is no more likely to sue Cruz than he is to shoot someone on 5th Avenue.

Read more:

Justice Scalia dies: cue the conspiracy theories in 3, 2, 1…

It seems perhaps disrespectful when an important person dies to drag him into the sordid topic of conspiracy theories, but the fault lies with the conspiracy theorist milieu rather than the prediction.

Scalia, age 79, died in his sleep during a visit to Texas. The birther crowd we deal with assumes that every evil in the world traces back to Barack Obama, so I expect they will be saying either that Obama wanted to get another “liberal justice” on the Court to protect his eligibility, or just that he wanted to prevent his executive orders from being overturned.

Given the high-profile status of Scalia, questions have begun to circulate regarding the decision [not to perform an autopsy] as well as the almost-immediate claim of no foul play.

— Alex Jones
— InfoWars

Update:

Yesterday on “Trunews,” End Times radio host Rick Wiles discussed “the possible occult connections” to the death of Justice Antonin Scalia, whom he concluded was murdered by President Obama and was a human sacrifice to mark the pagan festival of Lupercalia.

— Brian Tashman
Right Wing Watch