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Federal lawsuit names George W. Bush as accomplice in Obama ineligibility

The title of this article, while true, isn’t the best summary of this baffling lawsuit out of Arizona. Indeed inmate Arnold James Begay blames quite a few people, including:

… all Government, The House of Rep. and Congress, United States Supreme Court Judges, Form President George W. Bush and Billy Clinton and also United States Secretary of States, and “CNN” personal (all)…

Begay want’s DNA from Obama, his mother and Osama bin Laden, for some purpose. I don’t want to make fun of the guy unnecessarily, so I won’t highlight his spelling and logic errors. He probably did the best he could. Read more at the Liberals Unite web site.

What I found curious is that his handwritten complaint lists the defendant as Barack Hussein Obama, II (correct) but the Court Docket has it as Barack Hussein Obama, Jr (incorrect).

Paige and Vogt fail at the Supreme Court

Folks reading comments here already know that the Supreme Court published decisions today: H. Brooke Paige and Douglas Vogt came up losers. The Supreme Court will not take up their cases.

If you want to read more, check out RC’s article, “It’s a twofer at the Supreme Court.”

Double standard

[This article originally appeared as a comment at Birther Report.]

On the way back from Philadelphia, I read the exchanges between Foggy and the resident birthers and I wanted to make a few general observations on them.

If you don’t already know, Foggy likes to poke a stick in the birther ant hill. Of course the FBI isn’t tapping Zullo’s phone. What in earth’s name for? A really savvy birther wouldn’t take such things seriously, even for a joke.

What was interesting was that birthers immediately brought forward the contradictory claims that Foggy was disbarred AND that he resigned from the California Bar. It doesn’t seem to bother folks that these are contradictory, not even when they come from the same person!

A reference to my article, "To sue or not to sue: Chapter 2" was made, accompanying the question of what happened to a suggested lawsuit by Foggy against Jerome Corsi for libel. Foggy did consult a defamation lawyer about that case, but the upshot of it was that while Foggy could trivially prove that he was libeled, he could not show that it damaged him.

The most entertaining part of the discussion was the irony found in comments. Foggy made a claim about this FBI intelligence and everybody jumped on him saying that if he had any such transcript or evidence, that he should make it public immediately–and at the same time commenters like Joe Mannix were defending the Cold Case Posse, making equally outrageous claims of universe shattering secret evidence, from having to back up their claims and publish their evidence.

If I were to write all this up as an article on my site, I would title it, "Double Standard."

Taitz loses SSA lawsuit on the merits

The somewhat complex litigation history of Taitz v. Colvin is admirably detailed in the Court’s detailed memorandum opinion. US District Judge Ellen L. Hollander declined to dismiss Taitz’ second amended complaint as moot, but rather ruled on cross motions from both sides for summary judgment.

Judge Hollander, a recent Obama appointee, examined in detail the parties’ allegations and representations to determined that, as a matter of law, a trial was unnecessary, and determined that summary judgment should be awarded in favor of the Social Security Administration. She also declined to forward Taitz’ allegations to a grand jury, saying:

…even assuming that 18 U.S.C. § 3332(a) provides district courts with discretion to  present evidence to a grand jury or to appoint private litigants to present evidence to a grand jury,  plaintiff has not provided a basis for me to exercise that discretion.

One can learn a lot about FOIA by reading the opinion.

Birther plaintiffs say they didn’t get a Fair decision

Just as debunked conspiracy theories don’t die when logic dictates that they should, so birther conspiracy theory lawsuits don’t seem to end when the courts dismiss them. Case in point is Fair v. Walker in Maryland.

This case, the long caption of which is Tracy A. Fair and Mary C. Mitlenberger1 v. Robert Walker, Chairman of the Maryland State Board of Elections, et al. (President Obama is one of the defendants), is one of the leftover election lawsuits from 2012 that I wrote about in my article “Fair gets Obama hearing.” The issue raised was whether the Maryland General Assembly members should be removed from office for voting for something that removed the requirement that candidates swear they were eligible, that the law be changed back to what it was, and Obama be barred from the ballot in Maryland forever (plus some other stuff). The case was dismissed because it was filed later than the date on which the statute required candidates for the ballot to be certified. The original suit (based on a faulty knowledge of Maryland law) was filed in time, but the amended complaint was too late. The legal term is “laches,” a burden on a party because of delay.

Plaintiffs appealed to the Maryland Court of Appeals and lost; however, they have now filed for reconsideration, citing among other things, “new evidence.” One wonders how there could be “new evidence” about when primary ballots for the 2012 election had to be certified. The specific new evidence was attached to a motion for judicial notice linked below, which seems to consist of some old stuff (Vattel, etc.) This all seems to be something related to their original claim, which of course could not be heard because it was dismissed. In all fairness (no pun intended), they allege other reasons for reconsideration, and dump a very long list of cases. Plaintiffs stated at the outset that they couldn’t find a real lawyer to take their case. I would just offer one suggestion to pro se plaintiffs: do not start an argument with the words, I do not understand how….

To the best my knowledge, the decision of the Court of Special Appeals was not published.

Documents:


1Added to Birthers A to Z list.

Forensically speaking

I was reading Douglas Vogt’s petition to the Supreme Court and noticed this sentence (presumably ghost-written by Montgomery Blair Sibley).

Attached to the Notice of Commission was Vogt’s publicly-available, 95 page affidavit in which he demonstrated forensically the existence of twenty (20) separate points of forgery in the Certificate of Live Birth (“COLB”) of Barack Hussein Obama, II (“Obama”).

Forensics is a science, the scientific method of gathering and examining information about the past, a discipline that to my knowledge Vogt has never practiced nor received training in. Vogt’s affidavit doesn’t cite any published works on forensic science, nor does he allude to having any background whatsoever in questioned document examination. He is a self-made expert. Indeed Vogt expresses disdain for the forensic certification, characterizing it as meaningless at Birther Report:

Paul Irey and myself have over 83 years experience in the graphics/type and scanner business. A forensic document examiner takes a course over the internet, pays $800 and 98% of them pass and get the certificate. I had to send my chapter on evidence of computer manipulation to the Arizona Sheriffs office who sent it to Reed Hayes so he would learn more about Photoshop and how Adobe created the JBIG2 compression layer. He did not know it. He is a hand writing expert and worse yet he only worked from the PDF copy that there was no chain of custody. He is NOT an expert on type and what Paul and I covered in my affidavits.

It serves Vogt’s purpose to make sweeping generalized aspersions about document examiners and their qualifications, because Vogt himself has no such qualifications. It is true that there are forensic certification diploma mills, but the organization certifying Reed Hayes is not one of them, nor is the American Board of Forensic Document Examiners that requires, for example, an undergraduate degree plus two years of full-time training at an accredited forensic laboratory and current employment in the field, and in order to apply to take oral, written and practical certification tests, must provide references from three certified examiners. In short, Douglas Vogt could not become ABFDE certified.

Vogt himself seems to have been completely unaware of JBIG2 compression until the anti-birthers told him about it (it is completely absent from his earlier reports) and he certainly has no “chain of custody” associated with his puttering around. Given that Obama’s birth certificate appears to the first document Vogt has ever examined “forensically,” I would think it fair to call him a “beginner” rather than an “expert.”

The reason that Vogt is not an expert, and the reason he is not qualified to make the claims he does is:

  • Vogt uses no recognized methodology: he makes it up as he goes along
  • Vogt cites no recognized authority
  • Vogt doesn’t look at evidence objectively, discarding, for example, any published birth certificate that contradicts his numbering theories
  • Vogt freely misrepresents regulations and statutes to try to prove false statements.
  • Vogt has no prior experience in examining forgeries.
  • Vogt has never even taken so much as a single course in forensic document science.

Judge Malihi, an administrative law judge in Georgia, summed it up in his decision in the case of Farrar v. Obama, speaking of Douglas Vogt and Felicito Papa:

neither witness was properly qualified or tendered as an expert in birth records, forged documents or document manipulation

As for Paul Irey, he said that he was certain Obama’s birth certificate was fake before he looked at and was just trying to justify that belief–he lacks scientific objectivity. Here’s a section from the transcript of Irey’s appearance on Reality Check Radio:

Irey: … I started to study it, knowing it had to be a forgery, and just looking for what I could find.
Foggy: You knew it was a forgery before you started studying it?…
Irey: Yes, yes. I knew it was a forgery.
Foggy: How’d you know that?
Irey: I had information from a government worker who had a friend at one of the agencies who come back to me after we had a big debate during the time Obama had been, uh, announced for office [inaudible] legitimacy, where’s the birth certificate? We were talking about that way back when, and he debated with me. Went down to his agency and advised me that, uh, that I was right basically. That there was no birth certificate in the records. But his agency was not going to, uh, do anything about it more or less. So I kind of went in with his background. It sort of converted his attitude. I could tell how his attitude changed after that, because he was no longer supporting Obama. I was supporting Colin Powell….
Foggy: I’m not asking you to identify the guy, but can you tell us like what agency? Was it an intelligency agency? I mean can you give us a hint?
Irey: Yes, I can. It was the Secret Service.
Foggy: OK
Irey: As you know, the Secret Service is, one of their responsibilities is to vet. …

Of course, the Secret Service doesn’t vet presidential candidates, and there is no reason that they would have a birth certificate in their files for any of them.

Irey’s analysis consists primarily of blown up copies of typewritten text. Irey claims 57 years experience in typesetting, but nothing in his report is about typesetting; it is about typewriters, and Irey describes his typewriter experience as: I’m also four years experience in typing with a typewriter (Taitz v. Elections Commission testimony). Irey also says that he used Photoshop from the beginning, but the best Irey could hope to  do with such expertise would be to show that the White House PDF could have been created by Photoshop, not that it wasn’t created by something else, like a Xerox WorkCentre 7655. (I should add that no birther has ever produced a fake birth certificate using Photoshop that has all of the characteristics of Obama’s certificate.) Irey has no experience with the electronic format of a PDF so as to find any unique signature of Photoshop.

Vogt’s Supreme Court petition will be denied.

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