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Manhattan man to challenge Obama's appearance on the November ballot (Kansas)
The Mercury ^ | 9/13/12

Posted on 09/13/2012 4:19:57 PM PDT by Libloather

Manhattan man to challenge Obama's appearance on the November ballot
Staff reports
September 13, 2012 12:00 AM

A Manhattan man was scheduled to argue before state officials Thursday afternoon that President Obama's name should not be allowed on the November general election ballot.

The appeal by Joe Montgomery was to be heard by The Kansas Board of Objections, a three-person body that resolves ballot-eligibility issues. The board is comprised of Lt. Gov. Jeff Colyer, Secretary of State Kris Kobach and Atty. Gen. Derek Schmidt. All three are Republicans.

In material filed with the Secretary of State's office, Montgomery argues that Obama's name should be stricken from the ballot because he does not meet the constitutional requirement that candidates have been "born in this country to parents who are both U.S. citizens, primarily to a U.S. citizen father."

(Excerpt) Read more at themercury.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Kansas
KEYWORDS: ballot; elections; kansas; manhattan; naturalborncitizen
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To: butterdezillion
Did you read Jack Cashill's latest article at American Thinker? He basically says that the Hawaiian government is suffused with Yakuza criminals using it for whatever they need it for. He Also says that they sell social security numbers as part of their racket.

If you haven't read it, you really need to read it. It explains a lot and it makes sense.

http://www.americanthinker.com/2012/09/a_possible_explanation_for_obamas_connecticut_social_security_number.html

61 posted on 09/14/2012 8:17:51 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
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To: null and void

You are probably right. But I do have a question. Why does this committee need a complaitant at this stage? They have been given evidence of a crime. Are they guilty of misprision of a felony if they do not continue?


62 posted on 09/15/2012 4:36:04 AM PDT by GregNH (If you are unable to fight, please find a good place to hide.)
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To: null and void; butterdezillion; Hotlanta Mike; 4Zoltan; DiogenesLamp
Ping the list again.
Less than two months before Election Day, a group of Kansas Republicans, led by a voter ID law advocate, is moving on a withdrawn challenge which may result in President Obama being removed from the ballot.

Kan. GOP Sec. of State Moving on Obama Birther Nov. Ballot Challenge

63 posted on 09/15/2012 5:14:48 AM PDT by GregNH (If you are unable to fight, please find a good place to hide.)
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To: GregNH

If you recall, he helped draft the AZ immigration law that passed and was being sued by the illegal alien Obama...

From his Facebook Page

https://www.facebook.com/SecretaryKrisKobach/info

About

Kris Kobach is the Secretary of State of Kansas. Believing in the importance of servant leadership, Secretary Kobach is dedicated to fighting voter fraud, ensuring electoral access for all Kansans, and improving civics education.

About Me

Secretary Kobach received his bachelor of arts degree with highest distinction from Harvard University in 1988. He graduated at the top of his class in the Harvard Government Department. In 1988, the British government awarded him a Marshall Scholarship, which took him to England for post-graduate study. In 1992 he received his doctorate in Political Science from Oxford University. In 1995 he received his J.D. from Yale Law School. While at Yale, he taught undergraduates in the Yale Political Science Department, and in 1994 he won the Prize Teaching Fellowship, an award based on student nominations and faculty review. He also served as notes development editor on the Yale Law Journal.

Secretary Kobach was admitted to the Kansas Bar in 1995 and served as a law clerk to Judge Deanell Reece Tacha of the United States Court of Appeals for the 10th Circuit in 1995-1996. He joined the UMKC School of Law faculty in 1996. He has published two books, The Referendum: Direct Democracy in Switzerland (Dartmouth, 1994), and Political Capital: The Motives, Tactics, and Goals of Politicized Businesses in South Africa (University Press of America, 1990). He has also published numerous articles in political science, constitutional law, immigration law, and legal history.

In 2001, Secretary Kobach was awarded a White House Fellowship, which took him to Washington, DC, to work for the Bush Administration in the office of U.S. Attorney General John Ashcroft. After his fellowship year ended, the Attorney General asked Kobach to stay on as his Counsel. In that capacity, Secretary Kobach served as the Attorney General’s chief adviser on immigration law and border security.

After the 9/11 attacks, Kobach was put in charge of Department of Justice efforts to tighten border security and return the rule of law to immigration. He led the team that designed and implemented the National Security Entry-Exit Registration System, which registers and fingerprints high-risk visitors to the United States. Within its first year of operation, the registration system resulted in the apprehension of numerous suspected terrorists. Secretary Kobach also led Department of Justice reforms of the immigration court system, resulting in the reshaping of the Board of Immigration Appeals in 2002. He left the Justice Department and returned to teaching law in July 2003.

Secretary Kobach has litigated a number of high-profile lawsuits in the field of immigration. He is lead attorney representing the city of Hazleton, Pennsylvania, in its defense of an ordinance that prohibits the employment of unauthorized aliens by businesses and prohibits the harboring of illegal aliens by landlords. He also represents U.S. citizen students challenging state policies that grant resident tuition rates to illegal aliens in Kansas and California. He is Senior Counsel at the Immigration Reform Law Institute, a Washington, DC-based legal advocacy organization that represents U.S. citizens in immigration-related cases across the country...


64 posted on 09/15/2012 6:49:17 AM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: butterdezillion

That’s what they are counting on, hesitation, intimidation, complacency, apathy...have you considered whether the uprisings in the ME are an orchestrated effort by Obama’s muslim financiers to distract our attention from US domestic activities?


65 posted on 09/15/2012 6:52:39 AM 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
He has also published numerous articles in political science, constitutional law, immigration law, and legal history.

This would certainly make him qualified to read and follow MvH and Ark to come to the only conclusion that Zippo is not an NBC.

66 posted on 09/15/2012 6:55:48 AM PDT by GregNH (If you are unable to fight, please find a good place to hide.)
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To: GregNH

This would certainly make him qualified to read and follow MvH and Ark to come to the only conclusion that Zippo is not an NBC.


Absolutely...he will be in a good position to reach a conclusion that there is an issue of CONSTITUTIONAL eligibility here.

And once the obots figure out that he was the author of AZ SB 1070 they no doubt will start with the “racist” refrain against him.


67 posted on 09/15/2012 7:32:40 AM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: GregNH; Absolutely Nobama; aragorn; Art in Idaho; Aurorales; autumnraine; azishot; AZ .44 MAG; ...
You are probably right. But I do have a question. Why does this committee need a complaitant at this stage? They have been given evidence of a crime. Are they guilty of misprision of a felony if they do not continue?

That would be an OUTSTANDING question to email each of the committee members, please do so.

Anyone else who wants to ask them is welcome to as well.

Action Request!

Constitutional Eligibility

Action Request!

They meet Monday, act now, please...

68 posted on 09/15/2012 9:13:53 AM PDT by null and void (Day 1335 of our ObamaVacation from reality - Obama, a queer and present danger)
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To: DiogenesLamp; butterdezillion

It still doesn’t explain the fake PDF file.

Hawaii is quite capable of compressing the layers, printing it out on security paper and then hand stamping (by a human being) the paper with the requisite legal certifications.

They sent a human being to pick up two paper copies. There would be no need to do that if they were just going to send a computer file. Obfuscation, aside, they don’t need to do that if it is LEGAL.

There is no need for Hawaii to call the cops on Zullo if the are LEGALLY allowed to print out a certified copy according to Holder or some other legal authority with out amendments.

If they (Hawaii) were LEGALLY covered, they’d just keep spitting out certified paper copies to SOS’s from AZ, Kansas, Mississippi, etc. with no reservations.

They won’t so they know they aren’t LEGALLY covered.


69 posted on 09/15/2012 9:33:14 AM PDT by Smokeyblue
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To: Smokeyblue

Good summary.


70 posted on 09/15/2012 11:12:19 AM PDT by thecodont
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To: DiogenesLamp; butterdezillion; Smokeyblue

An adoption birth document is a fake (but not a fraud) document. It is a legal fake. And as pointed out the state would not or should not have an issue printing and stamping and embossing additional real copies of such.

Here, Hawaii has a) indicated it holds records, b) indicated what those records have a data in some fashion. But it has never, ever stood up to the actual images of COLB or the LFBC. The 2008 COLB is fake (and fraud) and of course the LFBC is a terrible fake and fraud.

Hawaii may have given the adminsitration an actual document. And they certainly provided a cover letter. ‘Cover’ may have multiple meanings. The political ‘cover’ is enormous. But if Hawaii KNOWS - which they must - that the document originally associated with the cover letter published by the WH has been altered then they are guilty of fraud. Maybe their lawyers have said you can play this game as long as you do not validate the image/digital file posted by the WH as the document sent/given with the cover letter.

A direct question to Hawaii should be this:

“Is the image posted by the Obama administration and referenced in your April 2011 letter to Mr. Obama’s lawyers an exact copy of the document you provided Mr. Obama’s lawyers? If so, please present a certified copy (with embossed/deembossed stamp) and all certifying signatures from the state of Hawaii of this document? “

Hawaii has tip-toed along the line since 2008 on this subject. The April 2011 cover letter is a specific crossing of the line.


71 posted on 09/15/2012 12:07:06 PM PDT by bluecat6
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To: GregNH

“read and follow MvH and Ark”

Kobach is a Republican with political ambitions, in the hearing he argued that Minor did not define NBC.

There is simply no way he is going to rule Obama is not an NBC because that would mean that Senator Rubio and Governor Jindal are not NBCs. He’s just not going to do that. No matter what he may believe personally, he is not going to do it.


72 posted on 09/15/2012 12:22:31 PM PDT by 4Zoltan
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To: Smokeyblue

They know that either they or Obama are not legally covered, and perhaps both. For sure they’ve been covering for both themselves and Obama.

There are aspects that are probably not legal even in them creating a BC for Obama as per HRS 338-17.7. For instance, the statute says that they can do that for somebody born in Hawaii - but since Obama has no legally-valid record they can’t say that he was born in Hawaii, only that its CLAIMED he was born in Hawaii. So they would not be legally justified in giving him a new BC per HRS 338-17.7. They may have tried to cover their behinds on that by making sure that the fake new BC they created clearly showed that it was not legally valid so everyone would know they were operating on the basis of CLAIMS only, and not substantiated facts. That would explain why Obama’s people couldn’t just make a scan of the document HI gave them; they had to get rid of the notations of legal non-validity.

And stealing somebody else’s BC# to give to another person is not authorized anywhere in the statutes. That is just plain illegal. It is identity fraud perpetrated by the HDOH itself. Making sure that the person who ends up without a valid 1961 BC# is an unnamed dead infant doesn’t change the heinousness of the government stealing that dead child’s legal identity in order to help a crook get away with forgery, perjury, and the illegal and unconstitutional usurpation of our White House.

No, what they’ve done is NOT lawful, and they know it - as you say.

I’d love to hear exactly why Neal Palafox was booted out as HDOH director...


73 posted on 09/15/2012 1:11:15 PM PDT by butterdezillion
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To: bluecat6

Actually Ken Bennett basically asked them to verify that when he requested that they verify that the WH BC was a “true and accurate representation of the original record on file”. And Onaka wouldn’t verify that, even though he was required to do so if he could.

So we have our answer. The question is what anybody is willing to do about it. Which is why Klayman’s letter is so critical: all the state AG’s, SOS’s, dem party chairs, DNC Executive Committee, Committee on Presidential Debates, and Bob Bauer and Nancy Pelosi have all been put on legal notice that this is the case - AND that Onaka similarly confirmed that the HI BC for Obama is not legally valid. They all know this now. The question is whether any SOS will obey the law and refuse to allow a known-fraudulent Certification of Nomination to get Obama on the state ballots, and/or investigate and prosecute the DNC for perjury and election fraud.

The whole thing is on display for us all to watch just like it’s Saturday Night Live. We know these players all know there are crimes being committed and we’re watching to see whether they will do the right thing, or join in on the crimes themselves.

“Smile - you’re on candid camera!”


74 posted on 09/15/2012 1:18:51 PM PDT by butterdezillion
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To: butterdezillion

“Which is why Klayman’s letter is so critical”

It’s being ignored:

Arizona
http://www.azsos.gov/election/2012/General/Presidential/democraticnomination.pdf

Idaho
http://www.sos.idaho.gov/elect/candidat/2012_general_candidates.pdf

Texas
http://www.sos.state.tx.us/elections/forms/pres-vp-dem-cert-2012.pdf

Florida (letter signed by Bauer)
http://doe.dos.state.fl.us/PublicRecordsBER/wfPublicImagesBER.aspx


75 posted on 09/15/2012 2:24:33 PM PDT by 4Zoltan
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To: Tennessee Nana

It might be a good thing if Obama and his enablers create a public debate about Romney’s eligibility. Obama’s eligibility would/could be thrown into the mix. I think Romney’s parents never gave up or lost their citizenship while living in Mexico. Romney was born in the USA and his parents were still USA citizens on being back in the USA. This is known. As such Romney doesn’t have the eligibility problems that Obama has.


76 posted on 09/15/2012 2:28:55 PM PDT by noinfringers2
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To: 4Zoltan

They’re not ignoring it. They’re playing “chicken” with every state AG in this country.

By the time they’re done, Barack Obama, Antonio Villaigarosa, and Alice Travis Germond will have racked up 50 perjury and election fraud violations, and Bob Bauer will have racked up 50 instances of suborning perjury and 50 instances of suborning election fraud.

It’s sort of like what Adolf Hitler did in Germany...

We will find out whether we have any rule of law left in this country whatsoever. And anybody who isn’t scared by that question is too stupid to understand the lessons from Hitler.


77 posted on 09/15/2012 2:33:51 PM PDT by butterdezillion
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To: GregNH; null and void; butterdezillion; Hotlanta Mike; 4Zoltan; DiogenesLamp
This would certainly make him qualified to read and follow MvH and Ark to come to the only conclusion that Zippo is not an NBC.

This guy is OVER-qualified.
See, reading MvH, Wong Kim Ark, etc.
ain't his job.

His job is to remove suspicious characters from the ballot, and make said characters come up with the proofs and the theories. By now we all know that what Obama released as a copy of his BC, is simply NOT what he received from HIDOH. That's suspicious enough for any man.

Election officials have exactly that arbitrary constitutional power. Their decisions are THEN subject to the courts. It is not the courts that give them the power. We did, in the state constitutions. E.G., Rahm Emanuel had to GO TO COURT to prove he was eligible to run for Mayor of Chicago.

On more time: Team Obama must become the PLAINTIFFS. Our loyal and true officers acting under the constitutions of our sovereign states become the DEFENDANTS. If one state AG does his job, the next step is the courts, appeals, and the Supremes finally earn their pay on the issue.

Again, what our officials are doing is USING the courts as an excuse to avoid the simple activity required by virtue of the constitutional authority they hold. The bad news: this constitutional power, being somewhat arbitrary in nature, means they really have some choice of listening to YOU ... or not.

78 posted on 09/16/2012 8:35:33 PM PDT by Kenny Bunk (Obama = Allende.)
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To: butterdezillion; null and void; Hotlanta Mike; Red Steel; rxsid; edge919; Flotsam_Jetsome; ...
If somehow, the Kansas challenge is prolonged or taken up by someone else, I can imagine that SOS Kobach, et al, will be wise to carefully consider the specific requests they might make of the State of Hawaii.

I have thrown together a very rough draft of some of the things I might like to see included in such a letter. I do recognize that in many places the language is unsuitably lazy and in other places it's insufferably stilted and verbose. It leaps to some of its conclusions and in places it takes a little too harsh a tone. I respectfully offer it merely as a set of ideas in need of refinement or perhaps at least as something sufficient to motivate a competent writer to go to his or her own drawing board and to bring back a superior replacement. Maybe this could take a tangent and morph into a open letter on behalf of concerned eligibility challengers from all over.

In case you have the time, my rough draft letter from Kansas to Hawaii follows:



Dear [Hawaii Govt. Official],

I hereby request on behalf of the Kansas Elections Oversight Committee that the  appropriate agencies and designees operating under the auspices of the State of Hawaii grant the most probative access possible to the birth records, vital records and any and all records that may have direct or indirect relationship either to the citizenship status of the person known as Barack Obama, II or to statements made by the State of Hawaii and its agencies regarding records held which concern Barack Obama, II  or to images and digital media released by means of the White House web site or by any web sites that are affiliated with the Obama candidacy campaign organizations which purportedly represent in any manner the content and/or appearance of documents which would be maintained by one or more agencies of The State of Hawaii.

This request includes but is not limited to an opportunity for official agents of the State of Kansas to inspect:

  1. the original unique hard copy Certificate of Live Birth hand-signed by a physician of record and by the birth parent or parents of Barack Obama II allegedly received into the files of The Hawaii Department of Health in August of 1961.
  2. A high resolution, precisely detailed scan or photocopy of the document indicated by point 1 above bearing the official embossed seal and stamp as required by law to constitute a certified true and accurate copy of the original.
  3. All documents inspected or referenced in any way to serve as justification for public statements made by or through  representatives and resources of the State of Hawaii
  4. Any and all forms, requests, correspondence or memoranda submitted to agencies of the State of Hawaii by Barack Obama II or persons or agencies claiming to represent him pertaining in any way to the content, representation and/or administration of vital records or any records which could be construed as having any direct or indirect relationship to the citizenship, parentage, birth date, birthplace or other authenticating facts connected with the background of BHO held by the State of Hawaii.
  5. The earliest original roll or rolls of microfilm onto which any image of the presumptive original above-mentioned Certificate of Live Birth would  have been captured.
  6. Any and all documents or records that anyone may reasonably construe to be relevant to any of the claims made by the State of Hawaii, the White House, Obama campaign organizations, Obama representatives and surrogates and attorneys operating on behalf of any of the above.

I recognize that this request may be regarded as seeking extraordinary concessions to be made by the State of Hawaii and her governing officials.  Nevertheless, I feel that the level of access I am requesting is both necessary and reasonably justified for reasons including but not limited to the following:

  1. To date, over one hundred court cases have been filed and pursued in state and federal courts throughout the nation, consuming many thousands of dollars along with other substantial tangible resources of taxpayer funded state and federal governmental agencies.
  2. A fully vested law enforcement agency has announced and detailed its conclusion that there is sufficient credible evidence to regard the purported copy of the Certificate of Live Birth currently published digitally through the White House web site is a forgery.
  3. This is a matter of National importance regarding eligibility for the single highest office in the land, and one in which prolonged controversy is not only costly but also bears the potential to yield a constitutional crisis and attendant possible consequences of historic proportions if not settled as quickly, as fully, and as transparently as feasibly possible.
  4. Any laws and policies in Hawaii that would tend to disallow the access I am requesting can only do so for the underlying purpose of either preserving privacy or of seeking to protect from physical harm the documents and media to which I am seeking to gain access. 
    1. On the first count, privacy may only continue to be a lingering concern in the case that the document published on the White House web site is something other than what it is widely perceived to be.  Should that be the case, a simple notification that Obama’s actual records have not yet been made public and therefore his privacy must still be protected will be sufficient to further the investigative purposes of the State of Kansas
    2. On the second count, please be assured that any representatives of my agency will comply fully with all reasonable procedures and techniques advised by Hawaii agencies in order to ensure the best possible treatment of all documents in question.
    3. Given the case that, at the heart of the matter, there is no reasonable privacy concern (assuming published documents and statements in no way contradict true documents) there is also no reasonable consequence or recourse to be held against the State of Hawaii for adding further clarity and attestation to the documents already placed in the public domain.  For this reason, considering the extraordinary circumstances, the State of Hawaii is obliged to follow the spirit of the law in the way that will be most helpful to the citizens of that Sate and of this country.  This situation behooves by any and all means the record be set straight with no remaining reasonable doubts of obfuscation or needless concealment.
  5. Past statements and verifications made by the state of Hawaii have been widely viewed by those who seek to clarify Mr. Obama’s eligibility as stopping far too short of thoroughly, and finally confirming that the document which Obama and/or his representatives describe as proof positive is indeed a true and accurate representation to the finest detail of a singular original authentic record in your files. 
    1. In support of this contention stands the that fact that seemingly inexplicably the Secretary of State in Arizona was delayed for some eight weeks as the particular wording and justification for his request was greeted by a series of Hawaii insisted requirements and hoops to be jumped through before a verification could be availed.  Furthermore the verification that was sent refused to certify that the copy posted on the White House web site is true and accurate and legally valid, reasonably implying that it was not true and accurate and/or legally valid.
    2. The developments, immediately above, along with a series of documents and statements released by Hawaii government officials related to this matter have been widely regarded as curiously worded or confusing and have thus far have failed to provide substantial rest and resolution for concerned citizens.
  6. At this point, given the extraordinary exceptions already made respecting public statements and provisions related to the Obama records, for the State of Hawaii to resist making the concessions I am hereby requesting on the basis of strictly following established policies can only reasonably be construed as unreasonable hypocrisy.
    1. The trustworthiness of the Hawaii Department of Health is already undermined on this count in the minds of eligibility challengers by the fact that the Hawaii Government was willing to make extraordinary exceptions that would ostensibly benefit the public perception of Barack Obama, II (in releasing to his attorney certified original copies of his COLB) while at the same time refusing even in the face of costly litigation the request that Duncan Sunahara be granted access to his own long-deceased sister’s original long form birth certificate.
    2. Additionally the questionably timed series of policy changes made starting in 2007 by the officials in the Hawaii Department of Health and related agencies may readily be construed as steps toward hiding and defending the records of Barack Obama from scrutiny that would seem to be suitably justified from what I and others would consider an objective and reasonable point of view.

I urge you to greet this request with every possible gesture of good faith.  In my best judgment the challenges raised by U.S. citizens in the State of Kansas are sufficiently reasonable in nature.  Upon that basis it is my conclusion that those citizens will now be best served by governmental bodies that work together to afford them the best available evidence and to answer resolutely as many doubts and concerns as we may conceivably put to rest through the most definitive means available.

I ask my requests not expressed herein not be viewed as comprising a monolithic whole.  If you can only grant some of the above requests, please indicate which ones and to what extent your resources will be helpfully availed.  I further ask that for each request that you refuse to grant, that you cite the specific cause which has led you to refuse.

Be advised that to the extent that any action or response on your part may be judged as unreasonable withholding of assistance on this issue of national importance, my office will tend to consider that the eligibility of candidate Obama has been inadequately attested.  Furthermore, taking legal action against your state agencies will be carefully weighed as we strive to arrive at final and uncontestable answers on this matter.

With gratitude and sincerity,

Kris Kobach
Kansas Secretary of State

79 posted on 09/16/2012 9:12:01 PM PDT by ecinkc (ugh)
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To: ecinkc

I think it’s going to end up as a game of “Chicken”. Hawaii has painted itself into a corner by spending 2 months trying to make Ken Bennett prove that his law requires him to have a verification in order to make a list. If that’s the standard that Hawaii is going to use, then Kobach and AG Schmidt need to know that the only way they’re going to have standing to get anything from Hawaii is if they are parties in a lawsuit - which will only happen if they first refuse Obama a place on the ballot.

IOW, if these guys are not willing to truly keep Obama off the ballot and invite a lawsuit by Obama, they are never going to get even a letter of verification from Hawaii, much less what is really needed to audit the records. Unless Hawaii admits that they can release whatever they darn well please whenever they darn well please - and all the crap from their office has always been just that: crap.

We’ve got a giant game of “chicken” going on here.


80 posted on 09/16/2012 9:32:31 PM PDT by butterdezillion
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