Skip to comments.President's lawyers say eligibility question over
Posted on 09/15/2009 7:45:03 PM PDT by pissant
A team of taxpayer-supported lawyers arguing on behalf of President Obama's eligibility to occupy the Oval Office say not even the U.S. Supreme Court has any input into the question at this point, and such cases should be barred from the courts.
"The Constitution's commitment to the Electoral College of the responsibility to select the president includes the authority to decide whether a presidential candidate is qualified for office," said a brief filed by government lawyers in a California lawsuit over Obama's eligibility under the Constitution's demand for a "natural born citizen" in the White House.
That's because, the brief states, "the examination of a candidate's qualifications is an integral component of the electors' decision-making process. The Constitution also provides that, after the Electoral College has voted, further review of a presidential candidate's eligibility for office, to the extent such review is required, rests with Congress."
The lawsuit has been brought on behalf of a number of plaintiffs alleging that Obama is not constitutionally eligible for office. The case, being handled by attorney Orly Taitz, who now has been joined by Gary Kreep of the United States Justice Foundation, has a tentative trial date of Jan. 26, 2010.
Before then, however, U.S. District Judge David Carter is scheduled to hear the government's demand that the case be thrown out.
The arguments submitted by acting U.S. Attorney George S. Cardona and assistant U.S. Attorneys Leon Weidman, Roger E. West and David A. DeJute, say the Constitution further specifies if no candidate gets a majority of the electoral votes, the House of Representatives has the authority to select the president, "and, in so doing, to evaluate the candidates' qualifications."
(Excerpt) Read more at wnd.com ...
Is that like Gore declaring the science is done, the debate on Global Warming is over? Yeah, look how well that worked out for Al...
Judge Carter might have something to say about this...
This sounds to me as though Bammie’s lawyers are saying he’s not an American citizen and there is nothing anything can do about it. Whadda country!
They are declaring a coup.
Why would they want to bar it from court?
>They are declaring a coup.
They are ASKING for Armed America to Use its Right to Alter or Abolish the Government. (See the Declaration of Independence)
That’s what they are saying. They could have saved thousands in expenses drafting this bilge and instead presented the court with the real BC or perhaps the COLB that FactChecck and the FR Obama kneepadders claim is legit. LOL
I don’t think a court can throw Obama out of office. Congress has to do that.
But a court can examine the facts, and rule to protect plantiffs.
Isn’t there an electoral college rep that has sued? As well as a presidential candidate?
I do expect the president’s goon squad to try to get an injunction from an appeals court or the ninth circuit. But that’s just going to have even more people signing the petition when they do that.
Wonder what laws they are using as precedent?
“Is that like Gore declaring the science is done, the debate on Global Warming is over? Yeah, look how well that worked out for Al...”
Beat me to it. Yea, I’m going to believe the president’s lawyers. I presume they got that position by cheating on their taxes - like the rest of the chief loon’s team.
If - and when - we find out the loon is illegitimate, we’ll have to take care of things our own way if the law will not.
Can you imagine the back door communications this man is getting from the WH and O’s minions? I hope he’s got a spine.
Only in his mind.
The list, ping
a Clinton appointee on the 9th Circus
Last time we did that we had close to 70 years of prosperity. A slight bump in the road over States Rights, then we had another 50 years before government got big enough to screw that trend up.
The last 80 or so years are a pale shadow of what we REALLY could have done had we just gotten government out of our way.
I'd be vacationing on Mars right now...
that what they are saying
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