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What, a new eligibility lawsuit appeal?

Claiming a specific injury because of an ineligible president, Christopher John Rudy is suing the government for $90, a fee he had to pay as the result of a law signed by Barack Obama, whom Rudy alleges is not really the president. Of course, this case was dismissed on jurisdictional grounds.

The original case (1:2013cv00278) was filed in the Virginia Eastern District Court in March of 2013. The order dismissing the case agreed with the Patent Office’s contention that the courts lacked jurisdiction to decide presidential eligibility because it was a political question. A political question is defined by guidelines set down by the Supreme Court in Baker v. Carr, 369 U.S. 186, 217 (1962), existing when any of the following holds:

  1. textually demonstrable constitutional commitment of the issue to a coordinate political department;
  2. a lack of judicially discoverable and manageable standards for resolving the issue;
  3. the impossibility of resolving the issue without an initial policy determination of a kind clearly for nonjudicial discretion;
  4. the impossibility of a court’s undertaking independent resolution of the issue without expressing a lack of respect due to the coordinate branches of government;
  5. an unusual need for unquestioning adherence to a political decision already made; or
  6. the potentiality of embarrassment from multifarious pronouncements by various departments on one question.

Defendants cited to three of the criteria (1, 5 and 6) and said: “numerous articles and amendments of the U. S. Constitution, when viewed together, make clear that the issue of the President’s qualifications and his removal from office are textually committed to the legislative branch and not the judicial branch.”

The decision was appealed to the 4th Circuit Court of Appeals (case number 14-1056), and the lower court ruling was affirmed without comment on April 11, 2014.

What makes this latter-day case a little more interesting is the submission of an amicus brief by the United States Justice Foundation (Gary Kreep’s old outfit). This time the USJF attorney is William J. Olson. The USJF is a non-profit, right-wing nut job public interest organization. The USJF brief claims that up until now, “no one has questioned the validity of a law signed by the president.” That is, of course, is factually wrong. Orly Taitz did that in Taitz v. Sebelius.  Very sloppy work, Mr. Olson. Our old buddy Herb Titus makes an appearance on the docket also, I presume with the amicus brief.

The Supreme Court appeal was docketed July 10, and assigned case number 14-36. Here is the USJF brief, and it is quoted from in the WorldNetDaily article referenced below.

Read more:

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WND resurrects two-citizen parent eligibility issue

Aaron Klein, in a WND article yesterday, “Impeach Obama? Presidency Likely Illegal,” suggests that impeaching Obama for allegedly ignoring the Constitution is to ignore the basic problem:

According to correspondence from the original framers of the Constitution as well as Supreme Court rulings, the legal writings that helped establish the principles of the Constitution and even a Senate resolution affirmed by Obama himself, Obama likely does not qualify for the constitutional requirement that stipulates only a “natural born” citizen can serve as U.S. president.

The statement is, of course, blatantly false and it’s beating a dead horse as nearly a dozen birther lawsuit filers could tell you. If you enjoy hacking and slashing birthers, there’s easy pickings in the comments section of that article.

The Corsi/WND/Arpaio/Zullo/Montgomery connection

Up until a just a few days ago, I had never heard of Dennis Montgomery, the fellow we’re calling the “Seattle scammer” because according to a 2010 article in Playboy Magazine, he sold fake intelligence information to the CIA for big bucks. He now lives in the Seattle area.

The Phoenix New Times, using confidential sources at the Maricopa County Sheriff’s Office, reports that Montgomery has been paid $100,000 and given $50,000 in computer equipment by Arpaio for intelligence information about federal judge G. Murray Snow and Attorney General Eric Holder. (Phoenix New Times Reporter Stephen Lemons will talk about this on a special edition of  Reality Check Radio tonight at 9 PM Eastern.)

I had noted that Douglas Vogt, a birther volunteer expert who supplied information to the Cold Case Posse, lives a scant 8.6 miles (using actual addresses) from Montgomery, and speculated that proximity might account for the connection between Sheriff Arpaio and Dennis Montgomery.

There may be a closer connection. According to multiple sources, Jerome Corsi worked closely with the Cold Case Posse at the beginning, providing most of the information they used. Zullo and Corsi co-authored a book about the CCP investigation, some of which derived from Corsi’s articles at WorldNetDaily. Here’s a photo of Corsi with Mike Zullo, “commander” of the Cold Case Posse at a presentation that included Sheriff Arpaio.

image

Now we have to connect the dots. Continue Reading →

Shark sucker

When I was a kid I had the Golden Book: The Sea. I dearly loved that little book, and one of the neat things I learned about was a fish called the remora, or “shark sucker.”1 The remora attaches itself to a shark and the much larger shark carries the little fish around with it.

The remora metaphor came to mind when I heard of the most recent example of a birther trying to attach himself to a bigger story. The remora is “self-proclaimed intelligence expert” (Jerome Corsi’s words) Michael Shrimpton and the shark/big fish is Edward Snowden. Snowden was an international news sensation after leaking NSA secrets to the press. Of course what Snowden hasn’t released is a black box to the public, and a black box could contain anything, so birther Shrimpton uses it to add credibility to his own incredible story. You can read that story at WorldNetDaily in an article by Jerome Corsi. Corsi wrote:

In conversations with WND, nevertheless, Shrimpton doubled down on the claims he made in 2008 by asserting that NSA whistleblower Edward Snowden, as part of his negotiations to leave Hong Kong, agreed to deliver to Russian President Vladimir Putin in Moscow the classified U.S. military intelligence file on Obama’s DNA.

How an NSA guy was able to purloin military intelligence files is a question worth asking, right after one asks how Shrimpton knows Putin’s secrets.

In all fairness to Corsi, he is not overly sympathetic to Shrimpton, writing among other things:

Government intelligence experts on both sides of the Atlantic marginalized Shrimpton as a loud-mouthed nuisance and gadfly who lacks professional credentials as an intelligence expert.

Shrimpton has his own legal problems, having been charged with making a false report to police of a terrorist plot in 2012.

When I interviewed Snowden while I was in Moscow in 2013, I asked him about any intelligence regarding Obama. Snowden told that he only had access to secrets involving NSA surveillance.2


1Remoras attach to other things besides sharks.

2Just fooling,

Klayman: off to the Supreme Court

why?

According to a new article at WorldNetDaily, attorney Larry Klayman says that he will likely appeal his recent 7-2 loss before the all-Republican Supreme Court of Alabama to the United States Supreme Court. Klayman wrote:

imageOver the last five years, many court challenges have been filed concerning Obama’s eligibility. Indeed, I have filed three in Florida and one in Alabama. In every instance, and I am not just referencing the cases that I filed, these court challenges have been dismissed. (They are currently on appeal.) But what is more troubling than the dismissals is that the judges presiding over these cases have generally refused to even explain the reasons for their dismissals. Apparently, they are so afraid of taking on this issue that they don’t want to go on record for their actions. That is because these dismissals are not legally justified.

That is not true; for example, the Farrar v. Obama case in Georgia was not dismissed, but rather had a hearing with witnesses. While I have not reviewed every case, a great many have detailed explanations of why they were dismissed. I remember one of the first cases, Berg v. Obama et al., accompanied by a lengthy and highly-educational opinion by judge Surrick and I have listed  almost a dozen cases where judges addressed the merits of to the argument that US Presidents most have citizen parents.

It is ironic that Klayman holds up for praise Judge Royce C. Lamberth, saying:

Few other judges in this nation have the courage of Chief Justice Moore. The Honorable Royce C. Lamberth, who held the Clintons to account in the late ’90s and early 2000s and ruled that Bill Clinton had committed a crime1….

Lamberth dismissed several birther cases (and explained why!):

Klayman wrote:

The imposter in the White House must be held accountable, and he should indeed be told to get up off his knees and come out with his hands up.

Klayman seems to be confusing civil and criminal cases.


1Lamberth ruled that Clinton had “committed a criminal violation” of the Privacy Act when he released letters from Kathleen Willey. (CNN Article)

The Many Lies of Joseph Farah

by Loren Collins

I retired my blog, Barackryphal, at the end of 2013 because I was burnt out on Birtherism. After five years, it’s simply become a rehashing of the same tropes, and there’s little new to address.

However, after WorldNetDaily all but gave up on its Birther interests in the fall of 2012, WND President Joseph Farah has recently raised its spectre again, and in doing so yet again demonstrated some abject dishonesty that I felt compelled to address. Others have called him out for his supposed hypocrisy over his reactions to Barack Obama and Ted Cruz.

But I’m not here to call him a hypocrite. I’m here to document that he’s a liar. To wit, in his column of April 23, 2011, Joseph Farah wrote:

“WND never reported that Obama had spent $2 million hiding his birth certificate.”

Whereas five months earlier, on December 9, 2010, Farah said:

“Obama has spent at least $2 million fighting efforts to release his birth certificate.”

And that’s just Farah himself; he claimed that WND had never reported this, when in fact WND reporters had said this dozens of times.

On February 19, 2011, Joseph Farah wrote:

“I don’t know any thinking, rational person who questions the existence of Obama’s birth certificate.”

But what did Farah himself say two years earlier, on Chuck Crismier’s radio show on June 5, 2009?

“There’s a reason that Barack Obama will not show the American people his birth certificate. I believe he doesn’t have one.”

And who else questions the existence of Obama’s birth certificate? Why, none other than WND’s senior reporter, Jerome Corsi. Because Corsi had this to say on The Alex Jones Show on January 20, 2011, just one month before Farah claimed that no “thinking, rational person” would say such a thing:

“The key document that should be produced, if it exists and I don’t believe it does, is the long-form, hospital-generated Hawaiian birth certificate for Barack Obama.”

Continue Reading →