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Walter Fitzpatrick Legal Defense Fund I know many of you have been asking what you can do personally to help Walter Fitzpatrick in the wake of his recent arrest on felony charges in McMinn County Tennessee. I understand that his bail has been reduced from $50,000 to $20,000, but that’s still a big chuck of change, and then there are the attorney’s fees to Van R. Irion.

Fret no longer. There is a PayPal button made just for you at the LCDR Fitzpatrick Legal Defense Fund web site. You can also donate by check to:

Fitzpatrick Legal Defense Fund
c/o Law Office of Van R. Irion
800 S. Gay St., Suite 700
Knoxville, TN 37929

Donations sent directly to Obama Conspiracy Theories will be put on my MySonic card and used to buy Tater Tots®, none of which will be offered to Mr. Fitzpatrick. :oops:


Fitzpatrick is reportedly out on bond.

Pro birther

Photo of Walter FitzpatrickWalter Fitzpatrick III is back in jail again on grand-jury related charges. According to The Post & Email, Fitzpatrick was arrested today on four counts related to stalking and harassment of McMinn County Tennessee grand jury foreman Jeff Cunningham. Fitzpatrick had been previously convicted in another county after he tried to force his way into a grand jury room to present evidence against Barack Obama.

Birther attorney Van R. Irion is representing Fitzpatrick pro birther. Attorney Irion would seem to be a good choice in this case because of his experience with the Liberty Legal Foundation in representing persons exercising their rights to obnoxious speech such as the wearing of southern heritage (Confederate) symbols in school.

Read more:

Obama smear author D’Souza indicted

imageI only touched briefly on Dinesh D’Souza in an article mainly about Joel Gilbert. D’Souza wrote two anti-Obama books, the The Roots of Obama’s Rage and a 2012 follow-up, 2016: Obama’s America. The latter is also the title of a film that earned $33 million in 2012. The books claim Obama has some anti-colonial rage inherited from Kenyan roots that drives him to do everything possible to destroy the country. From the book description at

Obama came into office with an eight-year plan for America, argues D’Souza. In almost four years, he’s crippled our economy, healthcare system, and global stature through invasive big-government policies. If he’s re-elected in 2012, he will be able to finish the job, and destroy America’s future.

A federal grand jury in New York indicted D’Souza last week charging that he used straw donors to funnel money to a US Senate candidate Wendy Long in violation of campaign finance laws.

  • Count 1 charges a violation of Title 2 USC Sections 441f and 437g(d)(1)(D) and Title 18 USC Section 2 by reimbursing others to make political contributions in the amount of $20,000. If I read the statute correctly, the maximum penalty for this count is 2 years imprisonment and a fine of 3 times the amount of the contribution (in this case $60,000).
  • Count 2 charges a violation of 18 USC Sections 1001(a) and 2 by causing the submission of false representations to the FEC by a campaign committee. Violation of this section carries a maximum penalty of 5 years imprisonment.

D’Souza was released on $500,000 bond and asked to surrender his passport and agree to travel restrictions.

Under the “too good to be true” category, D’Souza is scheduled to debate none other than Bill Ayers this week on the topic “What’s So Great About America?” at Dartmouth College. The debate is at 7: 30 PM EST and will stream live.

For information and a trailer from D’Souza’s film, America, scheduled for release this July 4, visit the Hollywood Reporter.

This is the first shoe to drop.

Birther arrested for threatening the President

People can mouth off about things, but when you threaten to kill the president, the Secret Service comes knocking at your door because it’s their job to determine whether you’re a threat or just an idiot.

Elwyn Nels Fossedal of Wisconsin, age 81, reiterated his threat to the Secret Service that if “President Obama was here I would shoot him right there and kill him right now,” so reads the criminal complaint filed in Wisconsin federal court this past Thursday. Fossedal is said to be proficient with firearms.  The initial threat was reported in October.

Threatening the president is a violation of the US Code Title 18 § 871.

Fossedal gets both birther and “ditto-head” creds from a comment at the Western Center for Journalism web site back in 2009:

Rush, You should show up and EMBARASS THE LIVING DAY LIGHTS OUT OF THEM. President Obama does not need a BIRTH CERTIFICATE, why should you need an invitation. Other people can get into White House Parties without an Invitation, why not an Icon in the MEDIA?

Worshiping the pile

A few miles from my house there is a hill. It’s a rather large hill, distinctively rising above the trees and visible for quite some distance. It’s a special hill in that unlike other hills around it, it just recently appeared. One might have thought some magic involved in its appearance, and perhaps some primitive people seeing the phenomenon of its growth day by day might imagine the action of the divine. It truth it’s a landfill and it’s full of garbage.

imageI offer the landfill as an analogy to birther collections of proofs and right wing collections of scandals about Obama. An example of the latter appeared just yesterday here in comments. Debunking Obama scandals is outside of my field of study, but a quick run through showed many of them were presented falsely or were based on biased opinion. The size of the list is supposed to overwhelm the one to whom it is presented, and its length is supposed to take the place of substantive argument. I suppose the idea is, “my list is so long, how could you possibly respond?”

Missing and Sealed Records

One of the classic lists from birthers is the missing and sealed records list, a collection of documents that aren’t missing, documents that are protected by law from disclosure and documents that in all likelihood never existed. No less than took on one of these lists last year concluding:

Many records that presidential candidates don’t ordinarily release do remain confidential, but they are not “sealed” by a court. The 16 claims in a widely distributed graphic are mostly false or distorted.

Continue Reading →

Arpaio’s clock is ticking

This is an utterly silly article. The headline on the Taitz web site says:

8 days left for Sheriff Arpaio and Investigator Zullo to file a criminal complaint against Obama in regards to his 100% forged birth certificate. If a criminal complaint is not filed, donors will will start asking for a refund of all donations.

That was posted May 26, making the deadline June 3. I left a comment:


Seriously, refunds? Since when did a failed birther effort, or a broken birther promise, ever result in a refund? While I don’t expect to see such a thing, imagine the chagrin if there were a birther class action lawsuit against the Maricopa County Cold Case Posse, claiming fraud, and asking for a refund as damages, or an injunction to force Zullo and Arpaio to take their fake evidence to court. That would be great birther theater!


In case any birther still has hopes that Arpaio will file a criminal complaint, let me introduce a bit of reality from the Maricopa County Attorney, via Obama Release Your Records:

Dear Mr. Reilly, Thank you for taking the time to write and for the concerns you have expressed. There are a couple of points of analysis, though, in determining whether a criminal charge can be filed, regardless of the charge or who the suspect might be. The first is whether I have jurisdiction over the case. That requires that some conduct had to have occurred in Maricopa County for me to have jurisdiction. From the Sheriff’s Office investigation into suspect documents produced by the White House to date, that investigation has not revealed any evidence that conduct occurred in Maricopa County. I have discussed this with the Sheriff. As for any issues regarding qualifications or information provided regarding the Presidential Election itself, that is a statewide election. Under Arizona law, the Secretary of State and the Attorney General have jurisdiction over statewide elections. I do not.

I will share with you, as well, that the criminal statute you cited in your message requires additional evidence that the MCSO investigation to date has not uncovered. Specifically, we would need evidence to affirmatively prove that Mr. Obama is not a US citizen. To date, there has been evidence presented leading to speculation that documents have been forged and other documents do not exist. That alone, though, is not sufficient evidence to present to a grand jury and actually have a reasonable likelihood of conviction. I cannot speak for other prosecutors at the state level around the rest of the country or for prosecutors at the federal level but Arizona’s ethics rules do not permit prosecutors to file a charge they can only hope to be able to prove beyond a reasonable doubt at a later stage.

I stand ready and willing, however, to review any case submitted for charges and, fi (sic) the evidence is there, I will prosecute regardless of who the suspect/defendant may be.


Bill Montgomery
Maricopa County Attorney