Skip to comments.Filed: Newly Found Case Authority; Florida Court Has Jurisdiction To Rule On Obama's Eligibility
Posted on 01/02/2013 6:40:26 PM PST by Seizethecarp
As reported here Attorney Larry Klayman filed a motion seeking an emergency rehearing in the Florida electoral challenge. The case was originally dismissed last month by Judge Kevin Carroll. On Monday Klayman filed a notice of newly discovered case authority that shows the Florida court has jurisdiction to rule on Obama's eligibility and fraud. EXCERPT:
NOTICE OF NEWLY FOUND CASE AUTHORITY AND SUPPLEMENT TO MOTION FOR REHEARING
Plaintiff Michael Voeltz, by and through his undersigned counsel, hereby files this Notice of Newly Found Case Authority and Supplement to Motion For Rehearing.
In conducting further research, Plaintiff has come across the case of Palm Beach County Canvassing Board v. Harris, 772 So.2d 1273 (Fla. 2000) (Exhibit 1), legal authority that was somehow overlooked by the court and the parties.
At issue here is the applicability of Florida Election law to the presidential election.
The Florida Supreme Court then concluded, "[i]n sum, Floridas statutory scheme simply makes no provision for applying its rules one way for presidential elector elections and another way for all other elections. " Id. at 1291.
The Supreme Court of Florida has thus conclusively already ruled that this court has jurisdiction to consider and rule upon Plaintiff Voeltzs election challenge on eligibility and fraud.
(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...
Well!!! Butter my butt and call me a biscuit!!!
New case law found to support Klayman in FL ping...
Here is the filing, as helpfully uploaded to the web by the ever-vigilant FogBlowers:
Bump to butterdezillion.
Everyone knows that the Florida Supreme Court was making it up as they went during the Katherine Harris certification process in 2000.
It would be ironic if that judicial sleight-of-hand is now to be used against them.
Petard hoist ping
It was not Overlooked as stated, it was IGNORED. Why hasn’t the State Legislature brought this judge up for Impeachment yet?? He Wilfully and Knowingly Violated the rights of EVERY CITIZEN IN FLORIDA. He belongs in PRISON after his Impeachment.
“Somehow overlooked” means that the lawyer and/or paralegal responsible for “Shepardizing” the case screwed up! IANAL, but my wife is one and used to do this for attorneys and they would review it before finalizing court filings.
“Shepard’s Citations provide a way to search updated case law and this is referred to as Shepardizing.”
“Every primary authority must be Shepardized, and this includes those cases such as Supreme Court rulings and courts in the same jurisdiction as your case to be considered. And every case, statute and constitutional provision must be Shepardized so the opposing side or judge does not call your side on it. All the facts are necessary for a solid argument in any case.”
That was my first thought as well.
"This court must respectfully grant an evidentiary hearing. There should logically be no need for Plaintiff to notice up a hearing, as this court had already committed itself to provide a hearing before it incorrectly and precipitously dismissed Plaintiffs complaint."
All well and good, but even if forced to hold an evidentiary hearing, after the bs that went down in the Georgia debacle, well, let's just say that not much surprises me anymore, when it comes to legal hearings/rulings regarding "Obama" constitutional bona fides, or rather, apparent lack thereof.
Thanks for the ping!
“Any chance of Shephard’s Citations being scrubbed of eligibility law the way that Justia.com was scrubbed of SCOTUS rulings by Obama’s people in 2008?”
I would guess a near zero chance.
Wasn’t Justia.com a non-official online supposedly “mirror” source to a more expensive “official” source that legal folks came to rely on?
IIRC, the Justia caper involved hiding MvH and other NBC rulings by preventing them from properly coming up in searches on NBC eligibility.
Klayman has already found this SCOFL precedent case... probably the MOST prominent case that there is! Now that it is found, the Justia tactic won’t work, IMO.
The conservatives who stick with their conscience and commitment to truth and belief in a government of laws and not men are the future of the conservative movement. It won’t happen right away, but some day the birthers will be giving lectures on the rebirth of the conservative movement and the Rich Lowry types will be convalescing in obscurity.
Interesting. Liberal democrats possibly done in by their own doings
Good luck to Klayman and this case. Obama is not eligible to be President
Sad that we still have PhonyCon Liberals who still attack the Obama Eligibility issue. One of the reasons why so many conservatives stayed home on Election Day 2012...got tired of being attacked by GOP Media Obama Supporters
Well Hinckley, feel free to buzz off at your convenience.
When I saw Klayman’s name, I had the same thought.
However, maybe it’s his time....we can all hope, can’t we?
I know-—it is what it is.
skinny southern girl with butter on her buns ping list
(a short but growing group who like butter on the buns)
With John Boehner Bone Head being either forced out as speaker or not winning enough votes for him to remain as speaker of the house is there any hope that Congress would even think of reconsidering Obama’s eligibility ?
Huh wuh huh ?
she didn’t give us any pictures
I expect Boehner to remain speaker. That said, it would only take ONE house member plus ONE senator to object to Barry’s eligibility when the electoral vote is presented for certification by Congress this week (Jan 6, IIRC).
I don’t expect that to happen. The corrupt HI Governor and new senator Shatz, also implicated in the fraud have exercised their right to demand constitutional “full faith and credit” to their state vital record (of some sort) “verifying” that Barry was born in HI.
A forged BC on the White House website is only evidence of forgery and not proof that Barry was NOT born in HI or was born outside the US.
I don’t expect Klayman to prevail in the end, but for the historical record, getting the courts to implicate themselves further in this corrupt charade will be useful in indicting the guilty down the road, should the opportunity arise.
The problem arises when cheap, lazy legal researchers (and law students) rely on Justia.com as a source of authority rather than “pay per use” established legal databases such as LexisNexis and Westlaw. Such people will act as disease vectors in disseminating bad legal information. It’s from the generation that thinks “research” comes from scraping together information from Wikipedia and blogs rather than going to primary sources.
Your comment about butter reminded me of the scene in “Boogie Nights” when Floyd Gondolli lectures Jack Horner...
Oh No,Not this Crap again
Genuine imitation cotton, a.k.a. polyester.
If it’s not made of “Virgin Polyester” then what do they call the polyester they’re using?
Onaka’s verification is actually legal certification that Obama’s HI BC is legally non-valid, since Onaka would not verify ANY of the actual birth facts submitted for verification (male, Aug 4, 1961, Honolulu, Oahu, Stanley Ann Dunham, and Barack Hussein Obama), even though required to verify every submitted fact that he can.
Because Onaka did not verify Oahu as the birth island - though required by law to do so if he can - his use of the word “Honolulu” is known to not be verification that Obama actually WAS born in Honolulu, but only that the BC (whose existence is all that Onaka actually verifies, given the syntax of his sentence) “indicates”/CLAIMS a Honolulu birth. That would be just as true for a non-valid BC as for a valid one. But if it was a valid one, he would have to verify ALL the stuff that was submitted, and he didn’t. It’s what Onaka DIDN’T have in that verification that reveals everything. The media hid that by failing to mention or publish the actual application that Bennett submitted, which requested the basic birth facts to be verified as true. It’s published on my blog, in the letter that Larry Klayman sent to DNC Counsel Bob Bauer 4 days before the DNC Convention began, at http://butterdezillion.files.wordpress.com/2012/09/complete-klayman-letter-to-bauer.pdf
Full faith and credit at this point means that HI statutes have to be obeyed, which require the non-valid BC to be presented as evidence to a judicial or administrative body in order for the document to have ANY legal value whatsoever. Unless and until that happens, Obama has no legally-established birth facts and can never have qualified to be President.
As Justice Thomas said, they are "evading" it.
“Full faith and credit at this point means that HI statutes have to be obeyed, which require the non-valid BC to be presented as evidence to a judicial or administrative body in order for the document to have ANY legal value whatsoever.”
I disagree. All three branches of gov’t in HI have doubled down on giving the appearance that whatever is in their vital records affirms an HI birth for Barry. All other US states and the US gov’t are constitutionally required to honor that corrupt firewall under our federal system until and unless a criminal conspiracy can be successfully prosecuted to rebut that presumption of HI birth. That is what full faith and credit means here.
You have deduced that HI law has not been followed and that is your opinion, but until the SCOHI agrees with you, your opinion has no weight, especially against the mirage of the certification by HI of the forged WH BC. Appearance is reality.
Remember that Judge Carter wrote in dicta that even if the Kenyan authorities declared Barry to have been Kenyan born, Carter would be duty bound to give priority to any HI state certification of their vital records. Judge Carter would take the word of HI over the word of Kenya...actually a pretty sound stance given that Kenyan corruption likely far exceeds HI corruption.
The current FL case, in part, is different. It involves the NBC definition first, but also invites an investigation of apparent forgery (certified by Arpaio) through a discovery process that could penetrate the HI firewall.
The State of FL judge in any discovery hearing worst case for Barry would likely allow the HI custodian of records to affirm the same thing they have said all along and would accept it at face value. All Onaka has to affirm under oath is that the WH forgery is a true and correct copy of the “original” 1961 HI vault record.
As to the NBC issue, this is beyond the constitutional rights of any state and resides in either the federal court or Congress, depending on what SCOTUS would ultimately rule, but we don’t know yet for sure as SCOTUS is still “evading” the issue.
You’re not understanding what I am saying. The responsible Hawaii official has certified that Obama’s HI birth certificate is not legally valid. That trumps anything anybody else in Hawaii has said. The legal presumption is that Onaka’s verification was done according to normal protocols and in accordance with the law.
HRS 338-14.3 says that he SHALL verify ANY information that is submitted for verification, given that a verification is certification that the event really happened that way. When asked by a qualified requestor, Onaka refused to verify “male, Aug 4, 1961, Honolulu, Oahu, Stanley Ann dunham, Barack Hussein Obama” - IOW EVERY BIRTH FACT he was asked to verify.
Onaka has given the final legal word, and it is that Obama’s birth facts CANNOT be verified because his HI record is non-valid.
According to everything you said, this trumps everything. If all these courts and critters are obeying Full Faith and Credit, then they have to accept what Onaka has CERTIFIED: that Obama’s record is non-valid and he cannot verify any birth facts for Obama. That is the ONLY certification we have from the State of Hawaii.