Hollister v. Soetoro/Obama eligibility case to be reconsidered by Supreme Court

examiner.com Phoenix ^ | Linda Bentley

[Hotlanta Mike]

This filing is excellent. If for no other reason, the courts must investigate this identity fraud perpetrated by the usurping “president”.

---

And it occured before he became POTUS, therefore he can be prosecuted as any other citizen.

[devattel]

Unlike state and district courts, Supreme Court justices are encouraged, but not "required" to recuse themselves from cases.

The law, however, is quite clear on the matter:

28 USC § 455 states:

"Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."

The real question is who enforces this statute and what are the penalties? To answer this question one has to visit the Constitution. Only Congress has the ability to remove a Supreme Court justice through impeachment, and it rarely happens.

As far as a recusal, there merely has to be a quorum to hear it. Quorum means majority. If there are only 3 justices, a quorum is 2. For 5 justices, the quorum is 3.

[jamese777]

This is the right observation for the acceptance of the case. However, they can influence the final decision should it be accepted.
If the rumor is correct with regards to the number of members who want to address this case, I am going to assume it is Alito, Scalia, and Thomas who are the ones who want to resolve the issue. Roberts would have to admit he suspected a problem when he swore Obama in and did nothing to address it. Kennedy is most likely sitting on the fence.

---

Yes, I agree with you and your supposition makes good sense.
Kagan and Sotomayor recusals would definitely matter if the Writ of Certiorari is granted by four Justices.

[freepersup]

Thank you for the clarity in this matter. One other question which is a key point (or a moot point; lol) would the recusal preceed a vote ?

[devattel]

Hotlanta Mike said:

And it occurred before he became POTUS, therefore he can be prosecuted as any other citizen.

Any president can be prosecuted like any other citizen for crimes defined in the judicial system.

Impeachment is a special form of punishing "misbehavior" by way of committing "high crimes and misdemeanors". Jefferson was quite clear on the definition he helped craft in the Constitution:

"There is another opinion entertained by some men of such judgment and information as to lessen my confidence in my own. That is, that the Legislature alone is the exclusive expounder of the sense of the Constitution in every part of it whatever. And they allege in its support that this branch has authority to impeach and punish a member of either of the others acting contrary to its declaration of the sense of the Constitution."

--Thomas Jefferson to W. H. Torrance, 1815. ME 14:305

Jefferson clarifies the term "high crimes" to mean the highest law of the land, the Constitution.

In the event the judicial system prosecutes and imprisons a president, the 20th Amendment is used and Congress has the power to implement the process of succession. He is a citizen like everyone else, and is bound to the laws. If not, then he would be a king, something the founders declared unconstitutional.

[freepersup]

[Fantasywriter]

Word to the wise: Ignore post number 30 and its author on these threads. He attempts to further his agenda on this issue with half-truths, double speak and fallacious arguments. This has been demonstrated numerous times by a broad consensus of eligibility-interested freepers. Ignore him and perhaps he'll go away.

Very true, and worth repeating.

[devattel]

freepersup said:

Thank you for the clarity in this matter. One other question which is a key point (or a moot point; lol) would the recusal preceed a vote ?

You are quite welcome.

Recusal must occur prior to the final decision. It is not clear as to whether or not a judge must recuse himself from a panel prior to accepting the case. Recusal after acceptance of a case causes issues, especially if quorum is lost. In this case the lower court decision would stand in the event a tie decision occurs.

[freepersup]

OK- thanks again, that's an interesting fact... I've been operating under a false mathematical premise all day, thinking in terms of 7 Justices (like a State Supreme Court) when in fact there are 9 USSC Justices. Duh! 2 recusals leave 7 Justices, and the rule of four would stand. I've been naive and overexhuberant in thinking 2 Justices that recuse themselves would somehow tilt the Court numerically and therefore favorably into granting Certiorari, when it hasn't been so inclined to do so otherwise. Dammit! I am now convinced more than before that 2 Justices will recuse themselves as their absence will not affect the rule of four tally one iota. I also tend to believe that Roberts is the holdout. Were I not chasing sobriety, I would hit the hard stuff right about now.

[Hotlanta Mike]

Thanks for that!!!

Maybe David Gregory should ask Speaker Boehner whether he believes Obama’s SSN, the one most associated with the fraud, is valid???

[wintertime]

Why would courts have to investigate identity fraud?
It seems to me everything else has failed.

I am a proud birther, and it would please me immensely if Obama’s eligibility could finally get a thorough and fair hearing.

[freepersup]

You’re welcome. At times I’m greatly discouraged... at other times encouraged by the developing research, investigations, court cases, etc., that are churning on to an inevitable conclusion.

[little jeremiah]

his would open the flood gates for people, who hate America, to become President....

Barn door open, horse ran out, got sold twice, slaughtered, eaten, bones disintegrated, etc.

[Danae]

I think you are right. Worst case scenario is both recuse themselves and it still does not get a hearing.

That means we no longer have to listen to a damn thing the Fed government says, because it is invalid in all three branches.

Seriously, the Fed does not seem to want to get that we KNOW what this means.

Its insanity.

But there it is. If SCOTUS refuses to pursue this legit case, then the Natural Born Clause means nothing, and we have an usurper who doesn’t even have to face reelection to stay in power. He can just stay there.

Its the end of the United States, and hardly anyone but we constitutionalists know it. That's the only thing keeping this nation from exploding in total chaos. Ignorance. It's just unbelievable.

[bluecat6]

You have to ask “why Connecticut?”

Possible reason....

See bottom of pdf page 21 / document page 15 and top of next page of this Inspector General report....

http://oig.hhs.gov/oei/reports/oei-07-99-00570.pdf

Delays in Matching Death and Birth Records Create Opportunities for Fraud.

With the exception of one State (Connecticut), primary vital records registrars responding to our survey say their offices match death and birth registrations and that they send information regarding deaths occurring in their State to the States in which the deceased individuals were born.

[freepersup]

In the haze of all of the eligibility posts, links, sites, etc., someone (yes, the infamous someone) posited that one of Barry’s ‘sponsors/handlers’ was busy aiding and abetting him in getting college $$$ by using the hijacked SS# / card in question. This particular ‘someone’ alluded to a crony of Grandpa Dunham as being the actor, if my memory serves me correctly. So many websites ago... sheesh.

He’s not as smart as he thinks he is, because it’s starting to unravel thread by bare thread, right before his very eyes. The sorry SOB is going to be outed sooner or later. Keep the faith and keep plugging away coconspirator. ;o)

[little jeremiah]

You think either of those two will tell the truth or give a straight answer?? If so, you are mistaken.

[little jeremiah]

Wow.

[freepersup]

See # 46

[little jeremiah]

Interesting find by bluecat6, in connection with why 0-caligula has a CT SS#.