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Florida court questions President Obama eligibility as a 'natural born citizen"
Washington Times ^ | June 18, 2012 | Alan Jones

Posted on 06/18/2012 2:17:21 PM PDT by Zakeet

A lawyer for President Barack Obama argued today in Florida that a lawsuit claiming his client "is not eligible to appear on the November ballot because he is not a “natural born citizen,” should be dismissed on the grounds that the Democrat Party has not yet nominated a candidate.

In Tallahasse, Florida, Attorney Mark Herron, representing President Obama, told Leon County, Florida Circuit Judge Terry Lewis that the January 31, 2012 Florida Presidential Preference Primary “did not result in nomination or election” and that “federal law precludes this court from determining whether a candidate for the office of President of the United States is qualified under Article Two Section Five of the United States Constitution.”

“There has been no nomination to office, there has been no election to office” Mr. Herron told Judge Lewis.

[Snip]

Judge Lewis asked the plaintiff’s lawyer “if I give you leave to amend can you amend that he was born somewhere outside of the jurisdiction of the United States?” to which the reply was yes.

[Snip]

“I made a note that you (plaintiff) would like to amend”, Judge Lewis added a moment later. “I would not have done that if I thought there was nothing you could amend”.

If Judge Lewis rules against President Obama’s motion to dismiss, an amendment expanding the complaint beyond the issue of Constitutional eligibility to appear on Florida’s ballot to accusations that President Obama’s birthplace was outside the United States could open the door to discovery and submission of evidence of alleged forgery of the Hawaii Certificate of Live Birth posted to the White House website.

(Excerpt) Read more at communities.washingtontimes.com ...


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: 2012election; 57states; birther; blackkk; certifigate; florida; georgezimmerman; mediawingofthednc; mymuslimfaith; naturalborncitizen; obama; partisanmediashills; trayvonmartin; usurper

This lawsuit should be dismissed because the Democraps haven't yet nominated me as a candidate ... and I haven't yet been elected to office ... and that means no discovery should be allowed concerning the validity of my forged birth certificate.

1 posted on 06/18/2012 2:17:36 PM PDT by Zakeet
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To: Zakeet
Same tactic as the 2008 election. Kick the can until after the election, claim no harm so no prior restraint.

Everyone forgets these questions were brought up all throughout the fall of 08.

This time the fools who went along with it see the consequences of their indifference: a foreigner handed ultimate power over us who is using that power without restraint.

2 posted on 06/18/2012 2:25:56 PM PDT by Regulator
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To: Zakeet

I will be ecstatic to be wrong but I do not see any Federal court stopping this imperial impostor.

The fix has been in for years and the ruling elite are completely untouchable.

The American public have been fed such a phony bill of goods that they no longer know why this country used to be great and what put us on a path where so many people were so ignorant so as to elect this communist piece of trash.

Thanks commie union scum public school teachers you have done your job as defined in the communist manifesto.


3 posted on 06/18/2012 2:28:25 PM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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To: Regulator

Is he running for the job as president ? If not then no problem


4 posted on 06/18/2012 2:28:44 PM PDT by molson209
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To: Zakeet

I would LOVE to see something come of this challenge but I just read that Rick Scott sent an atty to fight for dismisal. He’s really beginning to piss me off, both with this and the Zimmerman case.


5 posted on 06/18/2012 2:36:00 PM PDT by spacejunkie2001
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To: Zakeet
“federal law precludes this court from determining whether a candidate for the office of President of the United States is qualified under Article Two Section Five of the United States Constitution.”

I believe this is correct. The Constitution does not provide any mechanism for judicial review of a candidate's qualifications.

The original mechanism was the Electoral College, which was supposed to actually decide who became president. When the EC instantly deteriorated into a nullity there was no mechanism in place to replace it.

Any state could require a candidate to provide appropriate documentation to be on the ballot (it would only take one state), but I believe none has. In four years. A very sad commentary on our political system.

6 posted on 06/18/2012 2:37:44 PM PDT by Sherman Logan
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To: Zakeet
the Democraps haven't yet nominated me as a candidate .

Is he impersonator a candidate? He's been collecting LOTS of campaign funds - sounds like fraud from the con man.

7 posted on 06/18/2012 3:12:17 PM PDT by presently no screen name
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To: LucyT; Brown Deer; Red Steel; STARWISE

Washington Times article.


8 posted on 06/18/2012 3:13:41 PM PDT by hoosiermama ( Obama: " born in Kenya.".. he's lying now or then?)
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To: presently no screen name

impersonating


9 posted on 06/18/2012 3:15:01 PM PDT by presently no screen name
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To: Zakeet

This lawsuit should be dismissed because the Democraps haven’t yet nominated me as a candidate
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = WTF?

This ‘double speak’ is great. I thought Clinton was the master with his ‘Depends what is is’ but these guys are really good.

A little deja-vu though, I had said that since G Bush had been accused of ‘stealing’ the election from algore, that he actually (at least in libspeak) wasn’t Pres for the 4 yrs term, thereby he should have been eligible to run in 2008 since he hadn’t been elected in 2000 (at least in libspeak).


10 posted on 06/18/2012 3:24:44 PM PDT by xrmusn (6/98 Let's start from scratch by voting ALL incumbents out.)
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To: spacejunkie2001
I would LOVE to see something come of this challenge but I just read that Rick Scott sent an atty to fight for dismisal.

The natural born citizen challenge could rule out Rubio as VP so the GOP establishment is busily circling the wagons.

11 posted on 06/18/2012 3:28:05 PM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: Zakeet

I’m curious what “Federal law” Obama’s lawyers think precludes states from determing who can and can’t be on their state ballots. I’m pretty sure other states have kept candidates off ballots before for not meeting the Constitutional eligibility requirements, maybe even in Florida. Second, there are 27 Supreme Court justics who have ruled on a definition of natural-born citizen that precludes Obama from being eligible for office. Any state is bound to uphold those rulings.


12 posted on 06/18/2012 3:28:05 PM PDT by edge919
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To: Zakeet

30 years from now, Obama will write his memoirs and he’ll admit the whole thing was a forgery from the beginning. He is laughing all the way to the bank, having put one over on America, and constitutionalists like us in particular.


13 posted on 06/18/2012 3:29:51 PM PDT by Kevmo (SUCINOFRAGOPWIASS: Shut Up, CINOs; Free Republic Aint a GOP Website. It's A Socon Site.)
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To: Regulator

“Same tactic as the 2008 election. Kick the can until after the election, claim no harm so no prior restraint.”


Yeah, and after the election he said “it’s too late now, you can’t undo the election.”

By coincidence, I watched the Marx Brothers’ classic Duck Soup again last Saturday, and got to enjoy one of my favorite scenes:

President Firefly (Groucho) opens the meeting to “old business” and someone says “we must discuss the tariff,” to which Groucho replies “no, that’s new business. Then Grocuho says “no more old business? OK, on to new business.” The same guy stands up again and says “now about that tariff” and Groucho says “sorry, that’s old business already.”

So Obama imitates not just Karl Marx, but Groucho Marx as well.


14 posted on 06/18/2012 3:31:32 PM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: Kevmo

If the sonofabitch gets four more years, the writing of the Hisotry of these days will not be done in a free society so the profile will be whatever the commies and globalist want it to be. You may be sure however, that these same bastards are about to end little barry abstard’s games in their own way because he has become a liability to them not the puppet asset they selected over the Hillary puppet. His blackness is at best questionable, so his use of racism to protect his crminal behavior has evaporated for the November selections.


15 posted on 06/18/2012 3:41:18 PM PDT by MHGinTN (Being deceived can be cured.)
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To: Menehune56

that and the fact that there aren’t that many R’s that love the Constitution either. They’re all the same. Makes me sick.


16 posted on 06/18/2012 3:47:46 PM PDT by spacejunkie2001
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To: hoosiermama; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; HANG THE EXPENSE; Nepeta; ...


yet another one...
17 posted on 06/18/2012 3:48:57 PM PDT by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Kevmo

It’ll be soon than 30 years. Moochelle’s boob belt budget will need a boost in about 5 years.


18 posted on 06/18/2012 3:53:01 PM PDT by bgill
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To: presently no screen name

Is he impersonator a candidate? He’s been collecting LOTS of campaign funds - sounds like fraud from the con man.


I am sure there are enough Obama donors in Florida to establish the fact that he is running for POTUS. Or else he has committed wire fraud...can get him on RICO statutes.


19 posted on 06/18/2012 3:57:49 PM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: Hotlanta Mike

I am sure we have all noticed that in these cases, they never face the question head on.

There is always a twist.

They never answer the real question of elegibility, they beat around the bush, they obfuscate, they always find a twist to get out of answering the real question—AND THE COURTS, AND THE MEDIA, LET THEM GET AWAY WITH IT


20 posted on 06/18/2012 4:12:23 PM PDT by Venturer
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To: Sherman Logan

“federal law precludes this court from determining whether a candidate for the office of President of the United States is qualified under Article Two Section Five of the United States Constitution.”

If you believe this to be correct, please help me understand the legal thinking. Exactly what federal law “precludes” a State court from hearing this case? If it is correct in some contexts, is this statement actually relevant to the case at hand (State ballot access is clearly a matter of State law?). It seems a bit of a “red-herring of straw.”

That the Constitution does not provide any mechanism for judicial review of a client’s qualifications, is not the same as the quoted assertion that federal law precludes such review.

Your last statement is all too true.


21 posted on 06/18/2012 4:27:18 PM PDT by Chewbarkah
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To: Hotlanta Mike

Well, if they say he isn’t running, leave him off the ballot. Case closed. Then his maggot contributors will come forward. Sorry, you gave your money to a non-candidate so buyer beware!


22 posted on 06/18/2012 4:33:36 PM PDT by presently no screen name
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To: Brown Deer; STARWISE

Seems to me that 0 is getting his tit caught in the wringer. If he’d not a candidate, and collecting money he is in deed commiting fraud....No win in that argument. Hope the legal beagles catch it!


23 posted on 06/18/2012 5:03:42 PM PDT by hoosiermama ( Obama: " born in Kenya.".. he's lying now or then?)
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To: presently no screen name

Has he how held a fundraiser is this year in florida this year? if so he is running .


24 posted on 06/18/2012 5:49:53 PM PDT by ncfool (OMG 2012)
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To: MHGinTN

If the sonofabitch gets four more years, the writing of the Hisotry of these days will not be done in a free society
***Sadly, what you write is true even if he does not get four more years. It is a done deal.


25 posted on 06/18/2012 6:07:30 PM PDT by Kevmo (SUCINOFRAGOPWIASS: Shut Up, CINOs; Free Republic Aint a GOP Website. It's A Socon Site.)
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To: MHGinTN

If the sonofabitch gets four more years, the writing of the Hisotry of these days will not be done in a free society
***Sadly, what you write is true even if he does not get four more years. It is a done deal.


26 posted on 06/18/2012 6:07:30 PM PDT by Kevmo (SUCINOFRAGOPWIASS: Shut Up, CINOs; Free Republic Aint a GOP Website. It's A Socon Site.)
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To: MHGinTN

If the sonofabitch gets four more years, the writing of the Hisotry of these days will not be done in a free society
***Sadly, what you write is true even if he does not get four more years. It is a done deal.


27 posted on 06/18/2012 6:08:06 PM PDT by Kevmo (SUCINOFRAGOPWIASS: Shut Up, CINOs; Free Republic Aint a GOP Website. It's A Socon Site.)
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To: All

Regarding the triple post, there was nothing that signified that my mouse clicks were being processed. I’ve seen it before. It did not used to happen until IE 7 and Win XP.


28 posted on 06/18/2012 6:12:29 PM PDT by Kevmo (SUCINOFRAGOPWIASS: Shut Up, CINOs; Free Republic Aint a GOP Website. It's A Socon Site.)
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To: All; Admin Moderator

Even now, there was nothing to indicate that the post button was hit. Nothing.


29 posted on 06/18/2012 6:16:06 PM PDT by Kevmo (SUCINOFRAGOPWIASS: Shut Up, CINOs; Free Republic Aint a GOP Website. It's A Socon Site.)
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To: ncfool
I'd love to see the judge squeeze Obama's funding just like he's been squeezing ours;

No problem, he hasn't been nominated for the office in question? And because of that he isn't required to be eligible, so all campaign funds must be held in a court controlled escrow with funding release available upon satisfactory proof of eligibility for that office.
Next case!

30 posted on 06/18/2012 6:17:14 PM PDT by WhoisAlanGreenspan?
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To: ncfool

Or last year.

We know he is running, he/his handlers are lying their way through this eligibility process. He has campaigned all over America. Does Florida have their own candidate running for president of FL or something?/s


31 posted on 06/18/2012 6:18:33 PM PDT by presently no screen name
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To: Zakeet

There is nothing more fundamentally incriminating to Obama than the fact that, if he were Constitutionally eligible as a natural born citizen, there would be no reason for all this drama to drag on for so many years.

There’s no way this guy is legit. He is, however, extremely adept at obfuscation.


32 posted on 06/18/2012 6:33:22 PM PDT by TexasVoter (No Constitution? No Union!)
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To: Zakeet

There is nothing more fundamentally incriminating to Obama than the fact that, if he really were Constitutionally eligible as a natural born citizen, there would be no reason for all this litigious drama to drag on for so many years; no reason to ruin Terry Lakin’s military career; no reason to sustain such divisiveness among Americans who already have enough to contend with.

There’s no way this guy is legit. He is, however, extremely adept at obfuscation.


33 posted on 06/18/2012 6:43:58 PM PDT by TexasVoter (No Constitution? No Union!)
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To: Brown Deer

Thanks for the ping!


34 posted on 06/18/2012 7:28:27 PM PDT by thecodont
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To: TexasVoter
There’s no way this guy is legit. He is, however, extremely adept at obfuscation.

If anything that is an extreme understatement. After so many disappointments... I have very little faith in the judicial process. However, I am thankful that Sheriff Arpaio and the people on his Posse with the help of Jerome Corsi have methodically and tirelessly kept pursuing this matter. Obama’s future is literally resting on a house of cards.

I still wouldn't be surprised if some sort of back room face saving deal was reached where Obama decided not to run for “health reasons” or some other bogus excuse. This will be even more likely if his popularity numbers keep dropping. Surprisingly, My wife and I have talked to several "persons of color" in just the past few days who previously supported Obama but are now vehemently opposed to him. A couple of them even called him names that us white folks can't repeat.

35 posted on 06/18/2012 7:54:33 PM PDT by fireman15 (Check your facts before making ignorant statements.)
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To: Zakeet

If Obama were eligible he would not be fighting this tooth and nail in the courts. If he were eligible he would simply authorize the State Of Hawaii to release any and all documents they have on file to anyone that wants to look at them. He would authorize independent forensic specialists to exam the documents. This could have been done for the cost of a letter to the Hawaii Dept of Health. Instead Obama has spent millions to keep this from happening. He is hiding his past with multiple layers of fraud, deceit, lies, and very expensive lawyers.

Obama is a fraud.


36 posted on 06/18/2012 10:20:53 PM PDT by cpdiii (Deckhand, Roughneck, Mud Man, Geologist, Pilot, Pharmacist. THE CONSTITUTION IS WORTH DYING FOR!)
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