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Keyes appeal thrown out

Alan Keyes

The Supreme Court of California voted 6-0 Wednesday (Feb. 2, 2011) not to review the Appeals Court decision of Alan Keys’ case against Barack Obama, according to the Metropolitan News-Enterprise. Keyes v Bowen had been previously rejected by the California Third District Court of Appeals last October.

Keyes had sued California Secretary of State Bowen because she did not “verify” the qualifications of Barack Obama to be on the ballot. The California courts had previously said that presidential qualifications are the province of Congress.

The Appeals Court said:

“[T]he presidential nominating process is not subject to each of the 50 states’ election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results. Were the courts of 50 states at liberty to issue injunctions restricting certification of duly-elected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines.”

California birther appeal tossed

The appeal in Keyes v Bowen has been denied by the California district court of appeals.  This is the case jointly brought by Ambassador Alan Keyes, Markham Robinson and Baptist pastor Wiley Drake against California Secretary of State Bowen, that argued Bowen should have verified Barack Obama’s eligibility to be on the California presidential ballot.

Retired Presiding Justice Arthur Scotland, sitting on the California court by assignment, said determining the eligibility of a presidential candidate is the responsibility of party officials and Congress and not California’s secretary of state.

Associated Baptist Press – California

Gary Kreep of the United States Justice Foundation is the plaintiff’s attorney in the case.

Read the decision at Leagle.com.

Birther Nation

Andy Martin

Yes, he’s back [again] and “Internet Powerhouse” Andy Martin, now crowned “King of the Birthers,” has coined a new term: “Birther Nation” — more influential than the Tea Party, or so he says in his “Birther Chronicles” series. [Doc is reminded of his total failure at fiction in the aborted Obot Chronicles. Clicking on the preceding hyperlink is a waste of time.]

Martin has issued a press release about his latest entry in the Birther Chronicles, Why “Birther Nation” matters. It is so like Martin to issue a press release when he posts something new on his blog.

Today we discuss why “Birther Nation” matters and why Hawai’i officials are only fanning the fires of suspicion when they try to suppress access to Barack Obama’s original, typewritten 1961 birth certificate.

Martin now claims 150,000,000 as the number of Americans who have doubts about Obama. [Me, I doubt that he walks on water.]

Birther appeals consolidated

The US 9th Circuit Court of Appeals has consolidated separate appeals filed by attorney Gary Kreep on behalf of Markham Robinson and Wiley Drake; and Orly Taitz on behalf of Pamela Barnett, Alan Keyes, et al. The February 12,  2010, order says:

The court sua sponte consolidates appeal nos. 09-56827 and 10-55084. Appeal nos. 09-56827 and 10-55084 are consolidated. The briefing schedule for the consolidated appeals is as follows: the opening briefs and excerpts of record are due June 28, 2010; the consolidated answering brief is due July 28, 2010; and the optional reply briefs are due within 14 days after service of the answering brief. All parties on a side are encouraged to join in a single brief to the greatest extent practicable.

Somehow the repeated refusal of the courts to allow Kreep and Taitz to separate their cases reminds me of the classic 1958 movie, The Defiant Ones.

Did you know? The name of Tatiz’s dental practice is “Appealing Dentistry.”

Orly’s monumental incompetence

ineptI’ve written before on these pages in the article Alan Keyes Needs a Good Lawyer about how Dentist-cum-Correspondence School lawyer, Orly Taitz, filed a lawsuit on behalf of Alan Keyes in the Central District of California federal court, that was based on a totally inapplicable executive order signed by George Bush in the final days of his administration.

That lawsuit was filed on January 20. While Orly has been scooting around the country visiting Washington, DC, stalking Supreme Court justices in Moscow (Idaho), making YouTube videos, harassing the FBI, blathering on radio shows, and at tea parties, she hasn’t bothered to take care of one important piece of business: serving President Obama with the lawsuit.

There was an anecdote on her former blog about an untrained volunteer attempting to serve the papers a full 20 days after the suit was filed. But to date, almost 90 day after the suit was filed, there is still no notice of service filed with the court. According to federal court rules, in another 35 days, the suit will be automatically dismissed for lack of service.

Given the lack of a snowball’s chance in hell of the suit going anywhere, perhaps failing to serve the papers is the easiest way out (while keeping open the opportunity to lay the blame on somebody else).

Ah, but you, true patriots in the tradition of Orly, can help her, let her know of the impending demise of her lawsuit. You can save everything! Go! Plead with her!

Comment to Alan Keyes about harassment

Dr. Conspiracy

Dr. Conspiracy

Alan Keyes wrote an article:

Obama Threatens Keyes and other Eligibility Plaintiffs

I replied:

The Keyes v. Obama lawsuit is based on a presidential order that:
1. Only applies to new hires after mid April 2009
2. Only applies to contractors and civil service employees
3. And explicitly excludes its use as a cause of action (lawsuit).
Surely you know that the lawsuit doesn’t have any chance of prevailing whatever.

Convince me that the lawsuit is not harassment or part of a smear campaign. And if it is, is not some kind of sanction warranted? Continue Reading →