Archive for the 'Georgia Ballot' Category

Court Rules Natural Born Citizenship Required for Presidency

©2012 drkate

Abdul Karim Hassan is a naturalized citizen who wishes to run for the Presidency of the United States. This even though the Constitution says “[n]o person except a natural born Citizen . . . shall be eligible to the Office of President.” Hassan v Scott Gessler,  Colorado SoS

Business Insider reported on September 5, 2012, Abdul Karim Hassan’s series of lawsuits claiming his right to run for the Presidency have been denied in the Second, Third, and now Tenth Circuit Court of Appeals.  A similar ruling was issued September 28, 2012 for the United States District Court for the District of Columbia.

The significance of these rulings cannot be underestimated as they affirm that the natural born citizen clause of Article II of the U.S. Constitution has not been trumped, abrogated, or implicitly repealed by the Equal Protection guarantee of the Fifth Amendment nor the citizenship clause of the Fourteenth Amendment.  These arguments are the same ones used by Obama’s lawyers in fending off the legitimate challenges to Barack Obama’s candidacy and presidency; by the secretaries of state to refute ballot challenges, and by the media, pundits, Congress and the academics to cover up the usurpation of the presidency by Obama/Soetoro.  Of course, the corrupt SCOTUS hears nothing, sees nothing, and says nothing.

Obama and his supporters, the Congressional eligibility deniers, and the media have been soundly defeated and Obama is still ineligible to hold or run for the office he seeks.  What is more interesting is that the legal rulings lend support to the charges of misprision of felony that all members of Congress, and all the secretaries of state face in contributing to the overthrow of the White House.

This article briefly reviews the history of this case and its rulings.

The FEC Filing 

Presidential Candidate Abdul Hassan ruled ineligible as he is not a natural born citizen

Hassan, a Guyana-born naturalized American citizen, filed papers with the Federal Election Commission to run for the presidency.  Astoundingly, the FEC ruled in September 2011 that Hassan could file papers and raise money to run for president of the United States:

But the agency also told the prospective candidate, Abdul Hassan, that his campaign may not receive federal matching funds because he was not born in America. However, the agency’s decision stopped short of addressing the constitutional issue of whether someone born outside the United States can be president.

Importantly, the FEC made clear that it was outside it’s jurisdiction to decide the constitutional merits of Mr. Hassan’s candidacy, saying that vetting was up to the States:

“This does not mean that he can go and say ‘look the FEC has said that I am a candidate, give me money, I’m official,’” said Republican Commissioner Donald McGahn. “That is not what we do here; we don’t certify you as a candidate. That’s what the states do.” (emphasis added)

Democratic FEC Commissioners had ‘trepidation’ in issuing this unanimous opinion because of how it might be perceived.  They attempted to qualify and explain their rationale:

“By saying that it is okay — it does give the impression that we don’t see a problem,” said Democratic Commissioner Steven Walther. “I think that we really need to be cognizant of how this could be misconstrued.”

To address this problem, one of the final sections added to approved opinion states:

“Notwithstanding this conclusion, the Commission expresses no opinion on Mr. Hassan’s potential liability arising out of his proposed activities under any other Federal or State law, including any laws concerning fraudulent misrepresentation. Any such issues are outside the Commission’s jurisdiction.”

“For us this is really all about what we are empowered to decide and what we are not empowered to decide,” said Democratic Commissioner Ellen Weintraub. “Nobody is saying that it is fine and nobody is saying it’s okay for this guy to be going out and raising funds.’

Ballot Access Denied in Colorado, New Hampshire

Hassan then proceeded to set up a website and attempted to get on the ballot in New Hampshire and Colorado.  When denied access by both Secretaries of State of each state, he sued.  He has filed five lawsuits which argued that:

… the Constitution’s natural-born-citizen requirement is a vestige of our less noble past, before we decided that discrimination based on national origin is a grievous wrong. (He points in his briefs to Dred Scott v. Sandford.)The lawsuits say the Constitution’s admonition that “[n]o person  except a natural born Citizen . . . shall be eligible to the Office of President” violates the Equal Protection Clause of the 14th Amendment.

Hassan’s lawsuits have already been denied in the First and Second U.S. court of appeals. And the Tenth Circuit rounded out the trio on Tuesday when it too shut down Hassan’s case.

Complaint Against the FEC’s Presidential Election Campaign Fund Act

Hassan initiated other lawsuits aimed at the natural born citizen requirement based on these assumptions, and filed against the Presidential Election Campaign Fund Act  (26 U.S.C. §§ 9001-9013) which provides public funding to Presidential nominees of major or minor political parties after the FEC issued an advisory opinion that Hassan did not qualify for any matching funding because he was not a natural born citizen.  Hassan argues that the Presidential Campaign Fund Act is:

(1) unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been“trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment.

Now this is where it gets interesting.  The FEC as defendant submitted a motion to dismiss the case based on the same premises that have been used to try to defeat challenges to Obama’s eligibility.  That is,

Pending before the Court is Defendant’s Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1), or in the alternative, for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (emphasis added)

The FEC also argued that Defendant argued that this Court should deny Plaintiff’s Application because

the Complaint fails to present an Article III case or controversy, and alternatively, because it does not present a substantial constitutional question. (emphasis added)

The government moved to dismiss the case–using the same arguments it has used to dismiss other cases against Obama–(1) failure to present a claim upon which relief can be granted, (2) lack of jurisdiction, (3) failing to present an Article III case or controversy, and (4) failure to present a substantial constitutional question.

The one argument missing from the government’s defense?  STANDING.

American Jurisprudence and Constitutional Legal Thinking

The DC circuit court dismissed Abdul Hassan’s case. The judge’s ruling denying Abdul Hassans suit against the FEC is illustrative for the process the Judge followed in making its conclusions.  As opposed to ducking jurisdiction and ducking its Article III responsibility to hear cases involving constitutional questions, the court determined:

Because subject matter jurisdiction focuses on the court’s power to hear the claim, however, the court must give the plaintiff’s factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6) motion. Macharia v. United States, 334 F.3d 61, 67-68 (D.C. Cir. 2003). Thus, to determine whether it has jurisdiction over a claim, the court may consider materials outside the pleadings where necessary to resolve disputed jurisdictional facts. Herbert v. Nat’l Acad. of Scis., 974 F.2d 192, 197 (D.C. Cir. 1992). (emphasis added)

Regarding FRCP Rule 12 (b), the court determined:

A court need not, however, “accept inferences drawn by plaintiffs if such inferences are unsupported by the facts set out in the complaint. Nor must the court accept legal conclusions cast in the form of factual allegations.” Id. In addition,“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” (emphasis added)

In other words, the Court actually took on the issue, was legally entitled to review additional information, and ruled it did not have to accept inferences or ‘legal conclusions cast in the form of factual allegations’.  Every one of the Obama challenge cases was thrown out first, on standing, and second, using the measly excuses such as failure to present a case, lack of Article III jurisdiction, or the ‘political question’.

Article II Still Stands

I hope everyone who has been involved in the eligibility movement can appreciate the significance of these rulings for the Constitution, the requirements of the Presidency, and all the work we have accomplished over the last several years.  It is critical to inform your friends who are skeptical of the ‘birthers’ or disappointed in the perceived failure of the 100+ cases challenging Obama that several courts have affirmed the natural born citizen requirement of the presidency–that it still stands, and that we are right and always have been on this issue.

Significantly the FEC believes the States are responsible for the determination of eligibility, just as the Article II Superpac, the Obama Ballot Challenge, the extensive legal work of many scholars, and manymany others have indicated.  The 2009 Continental Congress recommended vetting laws at the state level were required, and the Article II Superpac will continue its efforts after this election and into 2013 to ensure a vetting process is in place at multiple levels, to make sure the usurpation of the White House by an unknown, unvetted foreign national never happens again.

Please donate to the Article II Superpac to ensure its efforts continue through and beyond the 2012 election.  The national security of our Nation is at stake.

Looking for Balls

©2012 drkate

Well, the republicans don’t have any, and the democrats never had them. But these two can’t seem to stop looking for them…

did they really roll down the hill?

(h/t Jan)

If you’d like to add a caption, by all means be my guest! :lol:

In the meantime, here are some excellent interviews and events that took place this week:

  • Joe Bannister, retired IRS agent, along with Terry Dodd and Red Beckmann, discuss “The Law that Never Was”–the Sixteenth Amendment–on drkates Revolution Radio February 16, 2012. Pay attention to the questions that are asked, and answered, such as ‘what is income’? Check out these two websites for more information on one of the greatest hoaxes played on Americans since the founding of our country.  DON’T FORGET…that a free hard copy of Red Beckman’s “The Law that Never Was” will be given to the person with the 50,000th comment on DrKatesview! 
  • Obama ballot access challenges were filed in Arizona and Pennsylvania this week by two well-known patriots.  Please be sure to support these efforts at the legal fund established to defray costs of these suits as the Article II SuperPac, and check in on the efforts at the Obama Ballot Access Challenge site.
  • Georgia Superior Court asked to overrule the GA SOS and the judge-less Maliki’s erroneous decision

You see boys above, real Patriots do have balls, we don’t need to go looking for them.  The establishment will not have an easy time of it, as the Revolution will not be televised.

Have fun!

Why the Militia?

©2012 drkate

After the Georgia court’s decision, why not the militia?

Malihi is a traitor and has blatantly violated his OATH OF OFFICE, if you ever signed one. I call for his resignation from the bench. You are unworthy sir and have betrayed our constitution, our republic and the PEOPLE who are your employers. You are a de facto government agent, incapable of making an impartial finding of fact or determination of law…a disgrace. When a man is incapable of putting his own personal interest, even under duress, beneath that of his oath of office, then he must recuse or resign. You fail to do the first and now it is time you did the latter. (~h/t reader Tenacity)

As reader Troy points out, however, Malihi left the door wide open for the case to go up to the U.S. Supreme Court, knowingly or not.  When it gets before SCOTUS, we do expect them to rule in the Obutt’s favor, because to do otherwise would convict Chief Justice Roberts of treason for knowingly swearing in a usurper.  That will be our signal.

In 1789, Thomas Jefferson warned that the judiciary, if given too much power, might ruin our Republic and destroy our rights:

“…the Federal Judiciary: an irresponsible body, working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one…it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we are separated…”

Like Judge Carter, Judge Malihi woke up one recent morning with a bloody horse’s head in his bed, and decided to save his life and his paycheck instead of uphold the law and rule properly in favor of the Constitution for the united States of America.  The state and citizens of Georgia were unmercifully threatened…and promised nuclear power plants (aka union jobs)….if….

Waking up to corruption in America is nothing new, and after years of battling the most corrupt administration in our history, led by a usurper, we find the judiciary, and the 99% of attorneys and law schools in this country, are corrupt to the core…intent upon destroying our republic.  Appeals of course are possible, and I suppose if the GA Secretary of State has not found a horse head yet in his bed, he could ignore Malihi’s  administrative ruling…but this is the power of a usurper and his accomplices to ruin our country.

If the source of your wealth and power has been a gullible public, you will not want someone interfering with your racket.  Politicians are criminals who use deceit and deception to separate great numbers of people from their money and power.  Bureaucrats are people who trade in their conscience for the security of a paycheck and benefits  Beneficiaries of government are those who trade their votes for goodies promised by the politicians.  The major media are the communicators who lie for a living.

The Militia is a Constitutional Defense ForceA well regulated Militia is necessary to the security of a free State.

The Militia are a threat to Obama and all those who gave us this $14 trillion dollar debt, over one hundred thousand dead in no-win Korean, Vietnam, Iraq, and Afghanistan wars, Ruby Ridge, Waco, and the terrorist IHS, DHS, Department of Justice and the attacks of 911. Thinking Americans know those who believe political propaganda are the most dangerous people in the world.

******

At various show times over the next few weeks, drkates Revolution Radio will be reading excerpts from Red Beckman’s “Why the Militia”.  These shows will likely be recorded at odd hours–due to my schedule–but will be available as archived material for your review.

With Red Beckman’s permission, Drkatesview is also pleased to offer “Why the Militia” at special discounted rates.  A reader suggested that each of us adopt our local sheriffs and give them a copy of this book.  If you are interested in purchasing a copy, kindly let me know in the comments or email me at drkatesview@gmail.com. Purchase prices are based on the number of books you buy, and range from $4-$8 plus postage.

In the meantime, lets use this thread to discuss some pro-active actions we can take at our state levels to begin to start nullifying unlawful federal actions.  Georgia’s ‘lack of courage is not enough to stop any of us in our tracks.  We true Patriots love America too much to let her fall by the hands of tyrants. Think strategy!

Be strong and of good courage; be not frightened, neither be dismayed: for the Lord your God is with you wherever you go. ~Joshua 1:9

Georgia on My Mind: Full Faith and Credit

©2012 drkate

Obama is going to have to flip more than 30 million votes to cheat his way back into the pResidency.

The stunning victory of the Constitutionalists over Barack Obama/Soetoro/Soebarkah in Georgia on January 26 was also a victory for the judicial system and the rule of law.  No doubt the pressure on Georgia officials is significant so it is important to remind them of the support that exists for their courage.

Scofflaw

Defiant Obama–nothing new, of course–blows it by not showing up, but when has he ever showed up even through his lawyers?  He has dismissed all of us as just so much toilet paper, and his attack on the judiciary, the people, and the states will not stop with this positive ruling.

The Obama ballot challenge and the Article II SuperPac have had a considerable impact in beginning the process of outright removal of his name from the ballot and has the additional very important impact of raising awareness and doubt about Obama in the electorate.  Rather demoralizing for the Obots, Congress, and the media to have spent their wad, ‘credibility‘, and resources defending a fake, fraud, liar, and criminal, don’t you agree? They will stay home, not vote, and ‘blame it on Bush’.

Its time now to go on the offense and cripple Obama in the states he needs to “win” the election.  Some 130 electoral college votes are needed in the states of Pennsylvania, Florida, Texas, Ohio, and New York in order for Obama to give the appearance of  have(ing) a chance of winning the 2012 election.  Given the Georgia ruling, our next step is…get prepared…use the Constitution: (h/t slcraignbc)

U.S. Constitution Article IV Section 1.

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

JUDGMENTS: EFFECT TO BE GIVEN IN FORUM STATE

In General

Article IV, Sec. 1, has had its principal operation in relation to judgments. Embraced within the relevant discussions are two principal classes of judgments. First, those in which the judgment involved was offered as a basis of proceedings for its own enforcement outside the State where rendered, as for example, when an action for debt is brought in the courts of State B on a judgment for money damages rendered in State A; second, those in which the judgment involved was offered, in conformance with the principle of res judicata, in defense in a new or collateral proceeding growing out of the same facts as the original suit, as for example, when a decree of divorce granted in State A is offered as barring a suit for divorce by the other party to the marriage in the courts of State B.

The English courts and the different state courts in the United States, while recognizing “foreign judgments in personam” which were reducible to money terms as affording a basis for actions in debt, originally accorded them generally only the status of prima facie evidence in support thereof, so that the merits of the original controversy could always be opened. When offered in defense, on the other hand, “foreign judgments in personam” were regarded as conclusive upon everybody on the theory that, as stated by Chief Justice Marshall, “it is a proceeding in rem, to which all the world are parties.”

The Obama ballot challenge must move now to these states as a new State Challenge Campaign, and those readers here in those states I would hope would immediately contact the Obama Ballot Challenge and the Article II SuperPac to initiate proceedings:

A State District Court filing of a Show Cause Order asking why the State of (x) should not honor the State of Georgia’s determination under the Full Faith and Credit Clause of the Constitution, addressed to the State Gov., Atty Gen., SoS , and State Election Commission/Board/Agency as Respondents is a logical next step. (h/t slcraignbc).

Already ballot challenges in Illinois and Alabama are underway, for  30 more electoral votes.  If we raise enough awareness and enough challenges to make our state officials pay attention, Obama is going to have to flip more than 30 million votes to win the election.

The knowing liar

And don’t forget Sheriff Joe Arpaio’s Cold Case Posse and the report due out in February.  The justice department and individuals have threatened the Sheriff with removal and death, and are finally being held accountable.  I doubt that Arizona will have an easy time of putting him back on the ballot, notwithstanding Governor Brewer’s lack of courage and membership in the usurper’s’ ‘council of governors‘.

We will not forget that everything Obama has signed as an illegal occupant of the White House has no effect in law.  Think of the tens of thousands of people, including our soldiers, that have died under this illegality.

Section 2 of Article 4 states, in part:

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

How correct it would be to have the charges against Obama in any state lead to the arrest and detainment of Obama?  Would it stop his endless campaigning?

No Enthusiasm for the Usurper

Obama has already lost the youth vote to Ron Paul.  There is no enthusiasm for the Obutt or Moose-hell anymore.  Oh, and they’ll have to arrest the OWS people first before they declare martial law, as the Patriots will be at home keeping our power dry.  And there is nothing more ugly than the left scorned.  We told you Obots, you’re the first ones to be detained under martial law.

Get out of Our White House

Obama’s Libelous Punt Fails

©2012 drkate

…Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.~ Brian Kemp, GA Secretary of State, to Obama’s “attorney” Jablonski

Employing the arrogance and stupidity that is the hallmark of the Obama regime, Jablonski the attorney submitted a last minute libelous letter to Georgia Secretary of State Brian Kemp which completely misrepresents the entire case history of the challenges to Obama’s constitutional eligibility to hold the office he now occupies.  Contrary to this so-called lawyer’s assertions, no court has even considered the facts of the case, preferring to arbitrarily rule that plaintiffs have ‘no standing’.

This is to advise you of serious problems that have developed in the conduct of the hearings pending before the Office of State Administrative Hearings. At issue in these hearings are challenges that allege that President Obama is not eligible to hold or run for re-election to his office, on the now wholly discredited theory that he does not meet the citizenship requirements. As you know, such allegations have been the subject of numerous judicial proceedings around the country, all of which have concluded that they were baseless and, in some instances – including in the State of Georgia – that those bringing the challenges have engaged in sanctionable abuse of our legal process. (emphasis added)

The ‘theory’ of Obama’s ineligibility has never been discredited.  In fact, by rule, because Obama’s attorneys  responded to each case by never submitting anything contrary to what all plaintiffs have presented, Obama has admitted he is ineligible to hold the office of the president.  By never challenging the facts, the facts must be accepted as true.

Here are Jablonski’s ‘legalpolitical desperate illegitimate ‘concerns':

  1. It is well established that there is no legitimate issue here—a conclusion validated time and again by courts around the country. Um, what planet are you on? Did you too go to Harvard Law School?
  2. The State of Hawaii produced official records documenting birth there. No, they didn’t.
  3. [the pResident] made documents available to the general public by placing them on his website. You mean those forged, photo-shopped, no raised embossed seal pieces of trash paper, made available only to one reporter?
  4. Even if a state were to require its election officials for the first time ever to receive a ‘birth certificate’ as a requirement for a federal candidate’s ballot placement, a document certified by another state, such as a ‘short form’ birth certificate, or the certified long form, would be required to be accepted by all states under the ‘full faith and credit’ clause of the United States Constitution.” Maskell, “Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement,” Congressional Research Service (November 14, 2011).  Oh, the discredited and blatant incompetent liar named Jack the constitutional ripper Maskell?
  5. The Secretary of State should withdraw the hearing request as being improvidently issued. You mean politically uncomfortable but legally correct hearing?
  6. Your duty is determined by the statutory requirement that the Executive Committee of a political party name presidential preference primary candidates. O.C.G.A. § 21-2-193. So the political party is in charge of determining eligibility, and as has been proven, can lie about it to every state?
  7.  Consequently, the attempt to hold hearings on qualifications which you may not enforce is ultra vires. A state can most certainly decide if a political party has lied and enforce the Constitution’s requirements, as stipulated in Georgia’s statutes!
  8. …we will, of course, suspend further participation in these proceedings, including the hearing scheduled for January 26… Go ahead and do so at your own peril.

Jablonski should be sanctioned. An Order to Show Cause Why Jablonski should not be held in contempt of Court and charged with undue influence on a public official would be appropriate.  In addition, a complaint should be filed with the Bar Association for blatant misrepresentation of facts and libel. (h/t Tenacity).

Remember that Occupy Wall Street began with Obama’s OCCUPY THE WHITE HOUSE.

Get out of Our White House, and our Country!


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