Skip to comments.Update: Attorney Mario Apuzzo Files Ballot Access Challenge Against Obama Today in NJ
Posted on 04/06/2012 6:35:01 AM PDT by Seizethecarp
Mario Apuzzo, Esq., Today, April 5, 2012, I filed with the New Jersey Secretary of State in Trenton, New Jersey, the Objection Of Nicholas E. Purpura and Theodore T. Moran To Petition Of Nomination Of Barack Obama, also Known As Barack Hussein Obama II, Barack Hussein Obama, Barry Soetoro, and Barack Hussein Obama Soebarkah. That office reviewed the Objection and decided that it did merit a hearing before an Administrative Law Judge.
The Objection to Obamas nominating petition is that he has not provided competent and sufficient evidence to the New Jersey Secretary of State showing his identity and that he was born in the United States, and that even if he were born in the United States, he is not and cannot be an Article II natural born Citizen because he was not born to two U.S. citizen parents. The Objection therefore demands that the Secretary of State not permit Obamas name to be printed on the primary and general election ballot.
There will be a plenary hearing on Tuesday, April 10, 2012, at 10:00 a.m. before an Administrative Law Judge at the Office of Administrative Law, 9 Quakerbridge Plaza, Trenton, New Jersey 08625.
(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...
Two Obama Eligibility Cases at U.S. Supreme Court: One Set for Conference on April 20th
Makes one wonder whether the Obama Kabuki Theatre earlier in the week (the attack on the Supremes as an “unelected body”) had more to do with these upcoming challenges.
March 1st, 2012 - Brietbart mysteriously dies
March 1st, 2012 - Rush Limbaugh has a bomb scare at his home
Don’t forget the whole Sandra Fluke/Rush Limbaugh hysteria too.
Thanks for the ping, melancholy.
You beat me to it. On February 29, a colleague and I were discussing what would be the big news story the following day that would nuke the Arpaio press conference out of the news cycle.
Now we know.
Does anybody know what all these “calls” for this or that mean?
Jack squat. So and so calls for this, so and so calls for that.
How bout a freaking letter to the powers at be or a visit to somebody”s office.
call away, its a joke....
OK. It is on the record. Now what?
You see Carp, if the system were working anywhere near properly, the NJ SoS would already have your "probable cause" to remove the Mombasa MF from the NJ ballot. "Why?" you ask.
Because the question has been raised! There is some reasonable doubt. One of the neigbors says Joe Gorski is ineligible to serve as Dogcatcher of Lawrenceville. Says he's underage and actually lives in Pennington! The way this works is now candidate Gorski for Dogcatcher of Lawrenceville would need to supply his qualifications for office to the appropriate authority.
Happens in every election.
Okay, this hearing was scheduled for 2 1/2 hours ago.
Any field reports?
We are all missing the point.
These calls for "investigation" provide excellent cover for The Mombasa MF. The AG of any state has sufficient cause to ask for any candidate's bona fides at any time. There's enough smoke swirling around this guy for any; I say ANY, state AG to simply do his job and take him from the ballot.
If he wants back on, he'll have to cough up "proof" that he is a Natural Born Citizen, not just an Hawaiian "Birth Certificate," real or fake.
Newsflash: ANY, I say right now, ANY State AG has the complete right to deny that proof, throwing Team Obama onto the court system as the PLAINTIFF ... and most certainly fast-tracking the issue to the Supremes.
If this issue is ever to have any resolution ... which I presently doubt ... it will have to be on the state level. OTOH, nowhere in the Constitution does it say this lash-up is going to last forever.
Here is a preview of results from Mario Apuzzo's NJ hearing:
The hearing started bout 9:30 a.m. and lasted about 3 1/2 hours. The judge asked a lot of questions on the natural born Citizen issue, repeatedly interrupting the Attorney Mario Apuzzo's presentation.
The judge did not wish to hear anything about forged documents and refused to allow any evidence to be entered on those issues since Obama had not presented his birth certificate or draft registration documents in any form to NJ, so those issues of alleged forgery are not before his court. His reasoning was that the only legal matters before him are whether Obama has to provide any documentation such as a certified copy of his birth certificate with a raised seal on it to the state of New Jersey to try to prove his qualifications as to place of birth in the USA and also as to whether Obama's father being a foreign national and non-U.S. Citizen impacts where Obama is a natural born Citizen or not. The judge seems to place a lot of weight on prior cases that the "Obama for America" campaign defense counsel brought up such as the Ankeny case and Wong King Ark.
However, the judge did listen very attentively to Mr. Apuzzo's arguments as how those cases are being misinterpreted and misstated as to what they determined.
The judge ended the hearing saying he would issue an oral YES on NO decision later today (4/10/12) to the Secretary of State of NJ and the two counsels as to whether he recommends to the Secretary of State of NJ Obama being allowed on the ballot in NJ. The written decision will be issued tomorrow at 10 a.m.
Could have been worse...
Good issues presented by Apuzzo for likely appeal.
"The judge ended the hearing saying he would issue an oral YES on NO decision later today (4/10/12) to the Secretary of State of NJ and the two counsels as to whether he recommends to the Secretary of State of NJ Obama being allowed on the ballot in NJ."
I wonder how the judge will rule. . .
We argued that Mr. Obama has not met his burden of showing that he is eligible to be on the New Jersey primary ballot by showing that he is a natural born Citizen. We argued that he has not presented any evidence to the New Jersey Secretary of State showing who he is and that he was born in the United States. We also argued that as a matter of law, Obama is not a natural born Citizen because he was born to a father who was not a U.S. citizen.
Obamas attorney made a motion to dismiss the Objection in its entirety. She argued that it was not relevant to being placed on the ballot whether Mr. Obama is a natural born Citizen, where he was born, and whether he was born to U.S. citizen parents. She said that no law in New Jersey obligated him to produce any such evidence in order to get on the primary ballot. We argued that Mr. Obama under the Constitution has to be a natural born Citizen. We argued that under New Jersey law (the state constitution, statutes, and case law), Mr. Obama must show that he is qualified for the office he wishes to occupy and that includes showing that he is a natural born Citizen, which includes presenting evidence of who he is, where he was born, and that he was born to two U.S. citizen parents. We argued that the Secretary of State has a constitutional obligation not to place any ineligible candidates on the election ballot. Judge Masin denied Obamas motion to dismiss and the case proceeded to trial.
After calling to the witness stand Mr. Moran and Mr. Purpura, who gave testimony as to why they brought the ballot challenge, and introducing documents showing there is a question as to Mr. Obamas identity, I called Brian Wilcox to testify as an internet image expert. Mr. Wilcox was going to testify on how the Obama April 27, 2011, long-form birth certificate has been altered and manipulated either by computer software or by a human or both, producing a forged documents, and that since the image is not reliable, we need to see the original paper version. Obamas lawyer objected to my proffered testimony. I then offered that I would not need to have Mr. Wilcox testify, provided that Obama stipulated that the internet image of his birth certificate could not be used as evidence by either Judge Masin or the New Jersey Secretary of States and that he presented to the court or the Secretary of State no other evidence of his identity or place of birth. Judge Masin also asked Obamas attorney whether she would so stipulate. She did so stipulate, agreeing that both the court and the Secretary of State cannot rely on the internet birth certificate as evidence of Obamas place of birth and that Obama has produced no other evidence to the court regarding his place of birth. She also argued that Obama has no legal obligation to produce any such evidence to get on the primary ballot. Judge Masin then took the issue under advisement. Having produced absolutely no evidence of his eligibility for the Office of President, Judge Masin will decide whether as a matter of law Obama has a legal duty to produce such evidence before he may be placed on the New Jersey ballot in light of the pending objection filed against him. If he decides that he does, then the Objection will be successful. If he decides that Obama has no such legal obligation, the Objection would fail on the first issue.
The second issue that Judge Masin addressed was whether the definition of an Article II natural born Citizen includes the requirement that the child be born to two U.S. citizen parents.
"She argued that it was not relevant to being placed on the ballot whether Mr. Obama is a natural born Citizen, where he was born, and whether he was born to U.S. citizen parents. She said that no law in New Jersey obligated him to produce any such evidence in order to get on the primary ballot."
The deep contempt for the justice system displayed by these villains will hopefully be their undoing. Perhaps Judge Masin will offer Team Obama another lesson in the power of the judiciary a la 5th Circuit Court and assign as homework the production of an original HI LFBC in order to appear on the ballot. Even better would be for the judge to decline to allow "Obama" to appear on the NJ ballot until he establishes his Natural Born Citizen bona fides under the Minor v Happersett definition.
Anyone else would have been in contempt of court, but not The Won.
“Counsel will be able to object to Judge Masins initial decision. The Secretary of State will make the final decision. After her decision, the parties can then appeal to the New Jersey Appellate Division and then to the New Jersey Supreme Court. After that, the parties can appeal to the U.S. Supreme Court.”
This is all that Mario was trying to achieve...a path to SCOTUS. At each step on the way the fact that the emperor has no clothes will be evident...and hopefully will be covered in the NJ media market next to NYC.
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