Tag Archives: United States of America

Tell it to the judge

by Dr. Conspiracy on 17. Sep, 2009 in Lawsuits

Keyes/Bowen v Obama

Justice

This article shares what some of the judges have had to say about the “birther” lawsuits.

Unlike in Alice in Wonderland, simply saying something is so does not make it so….

She has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as President of the United States. Instead, she uses her Complaint as a platform for spouting political rhetoric…

After conducting a hearing on Plaintiff’s motion, the Court finds that Plaintiff’s claims are frivolous.

Federal judge Clay D. Land in Rhodes v. MacDonald.

Plaintiff’s complaint, at its core, is but another attempt to embroil a United States District Court in an ongoing controversy over whether Barack Obama is a native-born citizen of the United States of America…. As in Hollister, “[t]he right thing to do is to bring [this case] to an early end.”

Federal Judge Richard Lazarra in Cook v. Simtech.

Lawyers who come to court to present grievances, however, are held to a higher standard than disadvantaged or unrepresented persons. For lawyers, there are rules…. John D. Hemenway is hereby reprimanded for his part in the preparation, prosecution and filing of a legally frivolous suit in this court.

Federal Judge James Robertson in Hollister v. Soetoro.

More to come, as opinions become available.

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Executive Order 13489 – Presidential Records

by Dr. Conspiracy on 19. Aug, 2009 in Ask a Theorist, Misc. Conspiracies

Obama Conspiracy Theories received an email from a visitor expressing concerns about an executive order by President Obama:

I’d like for OCT to comment on Executive Order 13489, one of Obama’s first official acts in office, and which is largely interpreted as banning the release of his records without his permission and which also revokes Section 6 of Executive Order 13233 so as to ban Congress and the courts from interceding.

The preamble to the Executive order says:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows

The key point in understanding what’s going on here is the definition of “Presidential records”. Here is the relevant passage from the Presidential Records Act (44 U.S.C. Chapter 22):

§ 2201 Definitions… 2) The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.

from which it is obvious that “Presidential records” are not those records being sought by eligibility doubters, documents created before Obama became President.

Nothing to see here. Move along.

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Craig v US appeal denied by Circuit Court

by Dr. Conspiracy on 06. Aug, 2009 in Lawsuits

Craig v US

Craig v US

The United States District Court of Appeals for the 10th Circuit affirmed yesterday (August 5, 2009) the lower court’s decision to dismiss the lawsuit Craig v. United States of America, although it returned the case to the lower to correct the dismissal to “without prejudice” which means the suit could be refiled.

As explained by the district court, Mr. Craig’s first complaint and his proposed amended complaint—as well as his motion for declaratory judgment and
motion for class certification—primarily addressed the alleged distinction between the rights of citizenship that attach to naturalized citizens and those that attach to natural-born citizens. Mr. Craig asserted that he, as a “Legacy,” or natural-born citizen, suffered from discrimination due to “exclusion of distinctions” and “omission of acknowledgement” due to Congress’s failure to enact laws recognizing this distinction, whereas it has enacted laws defining the requirements to become a naturalized citizen…. Mr. Craig thus sought redress in the form of a declaratory judgment defining “natural born Citizen,” as it appears in art. II, § 1, cl. 4 of the Constitution, and providing a means for citizens bearing that moniker to obtain certification of that fact from the federal government, as well as punitive damages….

Even liberally construed, Mr. Craig’s claim is not grounded in a constitutional or federal question: there is no such “right” (a) to have courts adopt his proffered legal definition, (b) to be classified as a citizen pursuant to that definition, or (c) to obtain certification of the status he attempts to define.

The court then cited a previous Supreme Court decision (which, as is often the case, uses “native born” and “natural born” interchangeably):

We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President. Art. II, § 1.

Link to full decision.

Note that Craig had previously appealed to the Supreme Court while the appeal was pending and is scheduled to be discussed on September 29, 2009.

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Obama birth poll shows striking regional divide

by Dr. Conspiracy on 31. Jul, 2009 in Birth Location, Polls

“Do you believe that Barack Obama was born in the United States of America
or not?”

A poll conducted for the Daily KOS (and this is a real poll,  not one of those unscientific citizen grand jury polls) asked the simple question: “Do you believe that Barack Obama was born in the United States of America or not?” The results were incredible:

Daily KOS Birther Poll Results

Daily KOS Birther Poll Results

Graphic source: The Washington Monthly.

In most of the country, denialists are in the fringe, but in the South, the view is almost mainstream. (more…)

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Defining Natural Born Citizen

by Dr. Conspiracy on 02. May, 2009 in Citizenship

Hollister v. Soetoro

Natural born citizen

While coming tantalizingly close, no US Court  has ever decided the definition of “natural born citizen”. The term was not explained in the debates of the Constitutional Convention, nor the state legislatures when it was ratified, nor by individual framers in their speeches, letters or papers. Where do we go for a definition–to an 18th century Swiss philosopher–to an appeal to our shared prejudices?

The US Constitution is replete with terms that it doesn’t define: citizen, impeachment, felonies, treason, bribery, bankruptcy, warrants, grand jury and attainder. These are, however, familiar terms in the common law. The Supreme Court wrote in the case of Smith v. Alabama (1888) 124 U.S. 465:

There is no common law of the United States, in the sense of a national customary law, distinct from the common law of England as adopted by the several States each for itself, applied as its local law, and subject to such alteration as may be provided by its own statutes. . . . There is, however, one clear exception to the statement that there is no national common law. The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history. (more…)

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The cops are on the case

by Dr. Conspiracy on 21. Mar, 2009 in Orly Taitz

copsAccording to Orly Taitz in an article published today, she has found a police officer in Beaumont, Texas, who is a fellow conspiracy theorist about Barack Obama and who has added her “information” to his list. Unfortunately for Orly, Officer Ronald C. Dischler Sr. only has authority to investigate alleged crimes by Barack Obama committed in Beaumont, Texas.

I am a very resourseful individual and I guarantee that I will fight to the end. I do not enter into this matter lightly or with blind abandon. I do this because I too took an oath as a Police Officer to defend the Constitution of not only the great state of Texas but also the great nation of the United States of America.

Officer Ronald C. Dischler Sr.

Orly shares a personal note in another article:

Remember, it took some time from the first “Hile Hitler”, first brownshirt and hitler-young uniform, first victim entering civilian labor camps, aka concentration death camps to Nurenberg trials, however those trials took place and all of the accomplices were prosecuted. My great uncle, who also spoke 5 languages, was one of the translators at Nurenberg, I remember the horror stories. (more…)

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Pelosi swears: Obama is Eligible

by Dr. Conspiracy on 23. Feb, 2009 in Lounge

Nancy Pelosi

Nancy Pelosi

In a sworn statement Nancy Pelosi, Chairman of the Democratic National Committee Convention, certified the Barack Obama was eligible to be president. She said:

THIS IS TO CERTIFY that at the National Convention of the Democratic Party of the United States of America, held in Denver, Colorado on August 25 though 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively and that the following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the United States Constitution…

Also swearing was Alice Germond, Secretary of the DNC.

It is not known to me upon what basis this statement was made. These two affiants may have inspected specific documentation or relied on publicly known facts.

This is “old news” but I think that is important to note that that someone has taken responsibility for determining the eligibility of a candidate for President.

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