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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
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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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