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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.


1Added to Birthers A to Z list.

New video compounds error

A new video from KenyanBornObamAcorn catalogs various media articles where newspapers describe Barack Obama born in Kenya. It’s nice to have this all concentrated in one place, although an article with hyperlinks is much more useful for researchers.

I will say that KBOA does a good job putting videos together, even though I don’t agree with the way the subject is characterized or how she evaluates evidence.

Yesterday’s news

Dr. Conspiracy ™

The WorldNetDaily article libeling Foggy caused quite an uproar here on the blog (almost 100 comments — some deleted — in less than 24 hours) and with me and my  family. I can’t begin to imagine what an uproar this is for Foggy in real life. If he goes through with his lawsuit, I would expect it to consume a lot of his time and energy.

I would not want my own confirmation bias to be the basis for this website’s editorial position as to the likelihood that Foggy would succeed in such a lawsuit, but the attorneys who commented here on the question seem to think he has a good case. (Y’all feel free to weigh in here.)


KenyanBornObamAcorn made an additional threat (not approved for viewing) naming the target of the next Obot smear at WorldNetDaily (I notified that person by email). Perhaps KBOA should talk to SqueekyFromm’s BFF, Fabia Sheen, Esq. about her potential liability in a defamation lawsuit against WorldNetDaily. (I did feel so very silly writing that last sentence.) What’s the old saying: only a fool has himself for a lawyer. To that I would add my own version: only a fool has a birther for a lawyer.

Personal attacks continue

I felt that I had to put training wheels (moderation) back on one of the Obots who hasn’t learned yet how to comment without personal attacks. That just means more work for me reviewing stuff. :(

Dr. Conspiracy ™

I took another step towards creating the Dr. Conspiracy brand yesterday by registering (it links here for now). I hope to live another 25-30 years, and this is as good a hobby as any. Since I don’t market a product, I don’t think I can actually register “Dr. Conspiracy” as a trademark. I have registered a couple of trademarks in my lifetime, and that was an interesting experience.


I am using OpenID, or, to identify myself when I post elsewhere on sites that support OpenID. It’s is a great way to get around multiple signons for every web site, and I advocate that web forums and blogs that require signon implement it. I have added OpenID support to the comments feature of this blog on a trial basis so that you can prevent someone impersonating you.  We’ll see if the plug-in works without creating any problems. I don’t anticipate ever requiring signon to comment on this blog.


Whether you want to trademark yourself or express your emotional state, the Obama Conspiracy Theories: Smilies, emoticons and useful symbols page puts you a copy and paste away. A link to the page is under the Visitor Guide menu up top.

War of words

Dr. Conspiracy

Jounalist Bill Bowman published an article at with the title: Orly Taitz is building an enemies list. A very successful anti-birther web site, The FogBow has been under aggressive attack including a YouTube video. The commenter KenyanBornObamAcorn posted a list of names here that she claimed were the real identities of anti-birther bloggers, including me, saying: “We know all about you guys, don’t you worry! so, if you want to go throwing names and docs around, I can play that game too!” Of course, that commenter posted a list of names already.

I believe in the freedom of speech, and threats from either side intended to intimidate are against what I stand for.

Now in what can only be described as a conciliatory gesture, Orly Taitz has written an article encouraging some cooling in the war of words. Taitz wrote:

Unless people are paid to attack, there is no reason to attack, unless someone is paid to obstruct justice and hide evidence, there is no reason to do it.

I know who KenyanBornObamAcorn is, and she can rest assured that I will never publish her name, nor encourage anyone to intrude on her personal life. Some have chosen to enter the debate in a public way by filing lawsuits, and some have entered it in sensational ways, such as Orly Taitz. Some do so anonymously, and deserve to keep their privacy.

Partisans like to paint themselves as victims of vicious attacks when criticized. I say that if they can’t stand the heat, stay out of the kitchen, but “going personal” is going too far.