The Straw man Series-Upcoming Posts

©2010 drkate

I have a couple of upcoming posts on Obama’s straw man eligibility legal defense strategy, one of which will be up later today.  Here is an excerpt:

The appalling game-playing by Obama’s lawyers in the Kerchner vs. Obama and Congress appeal,  now including the Justice Department, is just plain shameful. It already makes a mockery of justice and of the Constitution, we know that.  But the case that Obama is ‘fighting’ is not the legal case that’s been brought against him.

Too cool to prove himself, Obama has created and is shadowboxing a straw man eligibility case–one that doesn’t exist.

Straw man. A fallacy in which an opponent’s argument is overstated or misrepresented in order to be attacked or refuted.

*WORK ZONE: PLEASE PARDON OUR DELAY* 🙂

31 Responses to “The Straw man Series-Upcoming Posts”


  1. 1 terminu March 14, 2010 at 11:21 pm

    Kerchner revolves mainly around NBC, but also whether Obama was even born in Hawaii.
    Fukino said his vital documents showed he was born in Hawaii, but that no information from his birth certificate could be released. She must have gotten specific permission to only release information from his vital documents from Barack Obama, because otherwise she is guilty of a misdemeanor (jail). This also means that BHO allowed release of documents, not his birth certificate, which allow Fukino to say he was born in Hawaii. As we all know, Hawaii had a law allowing foreign born children to claim Hawaiian birth, and this document would have been one of his “vital documents”, but not his birth certificate.

    It’s obvious he was not born in Hawaii at all, for if he were, Hawaii would not hold back the birth certificate which would, ostensibly, say the same thing as the “vital documents”. They are vastly different.

    And the COLB is only prima facie evidence, it is not court-official, and would never suffice for any hearing.

  2. 2 terminu March 14, 2010 at 11:25 pm

    As the Demarkkksists prepare to take over 1/6th of the US economy using the Slaughter Solution…they’ve covered for the inevitable backlash…
    http://www.freerepublic.com/focus/f-chat/2471109/posts
    BREAKING: The Tyranny of Harry Reid! Fine Print of the Bill says it can’t be Repealed!

  3. 4 Leza March 15, 2010 at 2:10 am

    Dem’s Reconciliation Bill Is Posted; Contains Student Loan Takeover

    Sunday, March 14, 2010, 9:16 PM
    Jim Hoft

    Democrats want to swallow up student loans and the American health care industry in one huge bill.

    It’s posted here.

    http://gatewaypundit.firstthings.com/2010/03/obamacare-reconciliation-bill-is-posted-contains-student-loan-takeover/

    ————————

    A couple of comments Re: Dem’s Reconciliation Bill Is Posted; Contains Student Loan Takeover
    ————————

    Slappy
    March 14th, 2010 | 10:17 pm | #18
    Just a thought. Is it possible that the Democrats already know that they won’t have the votes to past their health care bill in the House using reconciliation or even using the “Slaughter Rule” so they are simply going to put forth the full bill with everything to appease their base? Then they will spend the next 6+ months blaming the GOP for obstruction and hoping they minimize their losses in the mid-term elections?
    ————————

    Willow Rose
    March 14th, 2010 | 11:03 pm | #33
    From Houston Tx at The Hill
    PAGE |1|2|3|”I have reviewed selected sections of the bill, and find it unbelievable that our Congress, led by Speaker Nancy Pelosi, could come up with a bill loaded with so many wrong-headed elements.”””I am opposed to HB 3200 for a number of reasons. To start with, it is estimated that a federal bureaucracy of more than 150,000 new employees will be required to administer HB3200. That is an unacceptable expansion of a government that is already too intrusive in our lives. If we are going to hire 150,000 new employees, let’s put them to work protecting our borders, fighting the massive drug problem and putting more law enforcement/firefighters out there.” “Other problems I have with this bill include:** Page 50/section 152: The bill will provide insurance to all non-U.S. residents, even if they are here illegally.** Page 58 and 59: The government will have real-time access to an individual’s bank account and will have the authority to make electronic fund transfers from those accounts.** Page 65/section 164: The plan will be subsidized (by the government) for all union members, union retirees and for community organizations (such as the Association of Community Organizations for Reform Now – ACORN).** Page 203/line 14-15: The tax imposed under this section will not be treated as a tax. (How could anybody in their right mind come up with that?)** Page 241 and 253: Doctors will all be paid the same regardless of specialty, and the government will set all doctors’ fees.** Page 272. section 1145: Cancer hospital will ration care according to the patient’s age.** Page 317 and 321: The government will impose a prohibition on hospital expansion; however, communities may petition for an exception.** Page 425, line 4-12: The government mandates advance-care planning consultations. Those on Social Security will be required to attend an “end-of-life planning” seminar every five years. (Death counseling.)** Page 429, line 13-25: The government will specify which doctors can write an end-of-life order.HAD ENOUGH???? Judge Kithil then goes on:”Finally, it is specifically stated that this bill will not apply to members of Congress. Members of Congress are already exempt from the Social Security system, and have a well-funded private plan that covers their retirement needs. If they were on our Social Security plan, I believe they would find a very quick ‘fix’ to make the plan financially sound for their future.”

    • 5 terminu March 15, 2010 at 6:04 am

      The Un-Democratic Party 2,300-Page No Vote “Reconciliation” on Healthcare Putsch
      The latest:

      UPDATE: Some Twitterers are stating that this is a “shell bill” that will provide a base for actual language later. Rep. Paul Ryan alluded to this move last week.

      * * * *

      The Hill is reporting tonight that the Democrats have published a copy of the bill that they plan to use to update the original Senate healthcare socialization bill that Pelosi plans to bring to the floor this week.

      And it appears they’ve decided to go all-in on this one. Included in the bill appears to be the “public option” that was removed from the Senate bill. From page 1167 of the bill:

      Subtitle B—Public Health Insurance Option

      SEC. 221. ESTABLISHMENT AND ADMINISTRATION OF A PUBLIC HEALTH INSURANCE OPTION AS AN EXCHANGE-QUALIFIED HEALTH BENEFITS PLAN.

      (a) ESTABLISHMENT.—For years beginning with Y1, the Secretary of Health and Human Services (in this subtitle referred to as the ‘‘Secretary’’) shall provide for the offering of an Exchange-participating health benefits plan (in this subdivision referred to as the ‘‘public health insurance option’’) that ensures choice, competition, and stability of affordable, high quality coverage throughout the United States in accordance with this subtitle. In designing the option, the Secretary’s primary responsibility is to create a low-cost plan without compromising quality or access to care.

      I’m no legislator, but this sure sounds like a public option to me.

      The logic escapes me. If the Democrats didn’t write their own death warrant with the 12/24/09 Senate bill, this should pretty much seal it.

      Let me add one other comment, based on a twitter msg from one of our colleagues: when the Dems try to ram through legislation using an unconstitutional process like the “Slaughter Solution”, we should not trust them on anything.

      http://atlasshrugs2000.typepad.com/atlas_shrugs/2010/03/the-undemocratic-party-2300-page-no-vote-reconcilation-on-healthcare-putsch.html

  4. 6 old1 March 15, 2010 at 4:23 am

    Does this make you fighting mad?

  5. 7 tiger 7 March 15, 2010 at 7:37 am

    I cannot get my mind around the possibility that there are some 270 members of the Congress of the US who would impose such a catastrophy as this on fellow citizens. Un-damn-believable !!!

  6. 8 jtx March 15, 2010 at 11:45 am

    The concept of “standing” is altogether a judicial fiction which, basically, was promulgated in its present modern form by Supreme Court Justice Acalia when he wrote the opinion for SCOTUS in Lujan v. Defenders of WIldlife a few years ago.

    In that case the opinion both made sense and was quite correct, but ever since then liberal attorneys of the DOJ have misapplied it as a cudgel to beat conservatives over the head (and, hopefully in the liberal view, to death). It is a typical Communist tactic to kill your opponents – or as many of them as possible to minimize their effect on your schemes.

    In trying to mis-apply the standing opinion from Lujan to the Kerchner et al action the DOJ merely PRETENDS that the opinion somehow excludes standing which is a gross mis-application of the law. Someone not even passing the bar and thereby having the “secret knowledge” allowed to be endowed only to those passing the bar (and especially when working as tax-paid barristers) would surely never notice that those making these “standing” claims are using toe words of their most-hated conservative justice, Scalia.

    The SCOTUS Lujan opinion penned by Scalia related to statute or regulatory action where an attempt was made by parties to overthrow the action. It had nothing … NOTHING AT ALL!!! … to do with any sort of wording or other provision of the United States Constitution (as the Kerchner case clearly does even if one has no “secret knowledge” of the DOJ Myrmidons) but merely to Congressional actions.

    Since the Lujan case relates to laws/statutes passed by Congress rather than to the black letter law of the Constitution, which is in the supremacy compared to and Congress-passed action, the notion in Lujan of “standing” has NO applicability – zip, zero, nada, NONE!! – to the Constitutional case. Yet the attempt is being made to use it for something it does not apply to at all.

    Now it MAY be that the DOJ hires gross dumbbells to cook the books for them, but it is more likely that they are guided merely to throttle down on the polulace who now realize there’s “something rotten in Denmark” as the old saying goes … and that that “something” in the form of probably treasonous fraud needs to be corrected under the laws of our country.

    The DOJ’s barristers are not as wise as drkates “straw man” – in fact are demonstrably less so since one would think they ought to be able to discern the difference between a Congressional action and the words in the Constitution. Perhaps they never learned to read since (keep in mind) they’ve been “educated”, i.e., brainswahed, by the present public education system so they are most likely no smarter than the other Flying Monkeys.

    At any rate, the idea os “standing” the DOJ is attempting to trick the Appeals Court into believing is utter nonsense and totally inapplicable. They are trying to apply it to a case “not in evidence” since the Kerchner action is hugely different from the Lujan situation yet they choose not to admit it. An accident??? Hardly!!!!!

    • 9 swh March 15, 2010 at 4:31 pm

      But arent’ we just learning over and over JTX, that all the fine judges in black are linked in a dark, inadmissible conspiracy to keep the rest of us looking and feeling like stupes?

      • 10 drkate March 16, 2010 at 12:39 am

        well said

      • 11 jtx March 16, 2010 at 8:23 am

        swh:

        I don’t really think that what we’re learning at all. Rather I believe we’re seeing how despicably dishonest and unethical those working in the DOJ – our own government (who took an oath to honor and defend the Constitution from all enemies) can be. After all it is the DOJ attorneys that plead the defense “case” (altogether mythical and inapplicable) to the Court. The Court hasn’t yet awakened to the truth of the matter but I believe they will.

        There are many other judges and it yet remains to be seen if there are or not some who are ethical and honest enough to do the job the Constitution – and years of SCOTUS precedence in many cases – bids them to do. John Marshall said exactly that in Cohens v. Virginia in 1821 … and that was BEFORE Barry-boy was either born or thought of (despite what he might think).

        Keep in mind that those implementing the Kerchner et al action have always talked about it ending up in SCOTUS where it CERTAINLY belongs. It may be that even before it gets there (and it certainly will get there) that some ethical judge/judges will show a bit of spine and brace Barry to “fess up” with his various bits of paperwork as is legally required.

        If they do, it’s quite likely that one of two things will happen:

        1) Obama will resign and pressure Biden, Pelosi, Reid and the rest of “his” party to grant him a full pardon in exchange (Nixon, anyone?? … and for a far lesser offense). Something like that may not be Constitutional buy, hey, if you haven’t noticed yet, the guy really doesn’t give a good goddamn about the Constitution – or our country.

        2) Obama will merely say something like “… the courts from SCOTUS on down can kiss off – I WON!!! … and continue kissing his own “royal” wrist.” That’s certainly not Constitutional, either, but see #1 above.

  7. 12 susan h March 15, 2010 at 12:14 pm

    Changing the subject, there is an interesting article on Post&Email saying that VA has been the first state to pass legislation to OPT-OUT of the federal health care system. The Governor is expected to sign the bill shortly. 34 other states have proposed similar legislation but have yet to pass it.

    So much for the public’s support of Obamacare!

    http://www.thepostemail.com/2010/03/15/virginia-claims-tenth-amendment-right-to-reject-national-health-care/

  8. 13 drkate March 15, 2010 at 1:19 pm

    My state tried that as a constitutional amendment but dems prevented the necessary 2/3 votes

  9. 14 Papoose March 15, 2010 at 5:22 pm

    With love to all who enter here:

  10. 16 Papoose March 15, 2010 at 5:47 pm

    They freed a lot of people.

    The Good, They die young

    I looked around one day and they were…
    dead… that’s the Truth.

    Hmmmmmm.

    • 17 terminu March 15, 2010 at 7:13 pm

      JFK Jr. would have been running for president headlong bout when BHO was groomed to do so.

      • 18 Papoose March 15, 2010 at 7:50 pm

        I believed that, too.

        John Jr. was being groomed since November 23, 1963 and pffft 1999 ? Caroline making deals during the 2008 primaries was despicable. Her Editorial in January 2008 will live in infamy. Probably why Terd Kennedy is viewed a lump on the log and is lost to history as a storybook of riding on coat tails. creepy killer, too.

        I still have my George magazines, from back in the day when Social Justice sprang from your heart. Liberal before the hijacking of one’s own volition. You remember. ~~ When America was Our Country.

  11. 20 Papoose March 15, 2010 at 7:00 pm

    The Tea Party Crowd circa 1969

    Freedom Forever

    Barry Soetero AKA Barack Hussein Obama go home. Its an American Thang. Something you just can’t understand.

    How many more work wake-ups until he’s on Air Force One leaving our soil?

    Take your time, Pharoah.

  12. 21 Papoose March 15, 2010 at 7:29 pm

    Barry the Scholar’s First Interview:

    In Chicago 1990ish with the Honorable Ms. Valerie Jarrett

    Prologue

    Then the mighty Oz said: You must come back here with the most beautiful and fashionable (wink) lackey you can find in the land and marry her as to be your beard and be ruled by the Firm forever and ever. And then the partied every other night like it was 1999.

    The rest is criminal.

  13. 23 Papoose March 15, 2010 at 7:56 pm

    Looking forward to the Straw man Series. I have a feeling we’ll already be reading history in real time when drKate publishes.

  14. 24 Quantum Leap March 15, 2010 at 8:03 pm

    The Tyranny of Harry Reid! Fine Print of the Bill says it can’t be Repealed!

    😯
    Who’s going to the DC TEA PARTY rally on Wednesday?

  15. 27 Papoose March 15, 2010 at 8:13 pm

    I am saving the date for a happening in DC on the 15th and 16th of April… made reservations. I read that there is going to be a gathering at the Washington Memorial on the 15th of April at 7 pm.

    That’s my cup of tea.

    March 16th is tomorrow! Can we march online anywhere?

  16. 28 ladysforest March 15, 2010 at 8:26 pm

    The march is the 16th, tomorrow.

    The Tea Party (Express) “Grand” March is April 15th in DC. I hadn’t heard about anything at the Memorial at 7:00 on the 15th – what is going on there?

  17. 29 heather March 15, 2010 at 9:37 pm

    I like that…………(its funny/cute)

    You remember. ~~ When America was Our Country

    I have to remember THAT AMERICA IS OUR COUNTRY AND WE WILL SAVE HER AND TAKE HER BACK!

    Good always prevails over evil and believe me these criminals in our WH are so very evil————-they are very dangerous — never take your eyes off of them!

    America was built on Christianity and our faith in God will bring us through this.

  18. 30 Quantum Leap March 15, 2010 at 9:41 pm

    Okay tomorrow. It’s quite different. No signs. It’s like lobbying the senators and handing out your own written letters of why you don’t want the horrorcare bill.


  1. 1 Jude Law's Hamlet on SNL « Movies, Reviews and More – Screenhead | Jude Law Celebrity Monitor Trackback on March 15, 2010 at 2:43 am
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