by: Bob Unruh
That’s an idea confirmed in an affidavit filed with a legal case pending before the Alabama Supreme Court. It was brought by attorney Larry Klayman on behalf of 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish, who are seeking to force Alabama Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.
The case, dismissed at a lower level, is now before the Alabama Supreme Court, where strict constitutionalist Roy Moore was elected chief justice last November. The case becomes all the more intriguing because Moore is on record previously questioning Obama’s constitutional eligibility to serve as president.
The affidavit comes from Mike Zullo, the chief of a special Cold Case Posse assembled by Maricopa, Ariz., County Sheriff Joe Arpaio to look into the question at the request of his constituents, who were concerned they were being defrauded by having an ineligible candidate on the 2012 election ballot.
Last year, Arpaio held a press conference at which he and Zullo outlined their findings.
“At that time, we announced that we had concluded that there was probable cause that forgery and fraud had been committed in respect of two documents: 1) the long-form or original birth certificate computer image presented by Mr. Obama, which contained multiple errors and anomalies, many of them serious and: 2) the selective-service document for Mr. Obama, which contained a two-digit year-stamp. This was contrary to specifications issued by federal regulations to the effect that the year of issue should be expressed as four digits on the stamp, and also contrary to any other selective-service registration document that we had been able to examine,” Zullo wrote in his affidavit to the Alabama court.
The result of the evidence, he said, is one conclusion.
“Accordingly, Sheriff Arpaio continues to recommend that the Congress of the United States open an immediate investigation, including the appointment of a select committee, as regards to the authenticity of Mr. Obama’s documentation, whether any crimes have been committed, and to determine Mr. Obama’s eligibility for the office of president of the United States,” he said.
The Obama administration’s reaction to questions about his eligibility, which have been ongoing since before the 2008 election, has been to pooh-pooh any questions and make jokes about the questioner.
But those on the special team assembled by Arpaio to investigate are not laughing. Nor does Zullo’s affidavit to the Alabama Supreme Court joke around.
It was only a few weeks ago when Democrats quoted late-night comedian Jimmy Kimmel in their demand that the case, a challenge to Obama’s eligibility to be president, be dismissed.
Get Judge Roy Moore’s classic book about his battle for liberty, “So Help Me God: The Ten Commandments, Judicial Tyranny, and the Battle for Religious Freedom.”
The party had insisted, “In order for one to accept the claim that President Obama’s birth certificate is a forgery [and that he is ineligible], one has to buy into a conspiracy theory so vast and byzantine that it sincerely taxes the imagination of reasonable minds.”
The document scoffs at “birthers” as a “tiny cabal of zealots” and quotes late-night comedian Jimmy Kimmel – not widely recognized as a constitutional expert – to make its case: “These people could have personally witnessed Obama being born out of an apple pie, in the middle of a Kansas wheat field, while Toby Keith sang the National Anthem – and they’d still think he was a Kenyan Muslim.”
But Arpaio is one of few law enforcement authorities to look into the issue, and although his work largely has been under the radar in recent months, it is continuing, Zullo’s affidavit confirmed.
In a 2010 interview with WND, Moore said he’d seen no convincing evidence that Obama is a “natural born citizen” – as the U.S. Constitution requires of presidents – and a lot of evidence that suggests he is not.
“This is the strangest thing indeed,” he said. “The president has never produced [evidence] in the face of substantial evidence he was not born in our country. People are accepting it blindly based on their feelings, not on the law.”
More recently, when a majority of the state’s high court denied a 2012 petition filed by McInnish seeking to require an original copy of Obama’s birth certificate before the sitting president would be allowed on the state’s ballot, Justice Tom Parker filed a special, unpublished concurrence in the case arguing that McInnish’s charges of “forgery” were legitimate cause for concern.
Parker wrote, “Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Barack Hussein Obama that have been made public.”
In his concurrence, Parker describes McInnish’s petition as follows: “McInnish seeks from this court a writ of mandamus, directly ordering Beth Chapman, as secretary of state for the State of Alabama, ‘to demand that [President Barack Hussein] Obama cause a certified copy of his bona-fide birth certificate be delivered to her direct from the government official who is in charge of the record in which it is stored, and to make the receipt of such a prerequisite to his name being placed on the Alabama ballot for the … November 6, 2012, general election.’”
Parker, who also wrote a concurrence in another case arguing Roe v. Wade should be overturned, agreed that Arpaio’s findings were legitimate cause to question Obama’s presented documents, but nonetheless joined his fellow justices in denying McInnish’s petition.
“The Alabama Constitution implies that this court is without jurisdiction over McInnish’s original petition,” Parker explains. “The office of the secretary of state of Alabama is not a ‘court of inferior jurisdiction’ that this court may control through the issuance of a writ in response to a petition.”
Now, however, the case is coming from a lower court, suggesting the Supreme Court may have some opportunity for action.
Zullo testifies that the White House computer image .pdf file contained anomalies that were unexplainable unless the document had been fabricated piecemeal by human intervention, rather than being copied from a genuine paper document.
Things have yet to be resolved, even though Obama is into his second term, authorities noted.
“As of the date of this report, this investigation remains open and ongoing and additional forensic evidence continues to be uncovered, further validating the original investigational findings.”
His testimony continued, “Mr. Obama has in fact not offered any verifiable authoritative document of any legal significance or possessing any evidentiary value as to the origins of his purported birth narrative or location of the birth event.”
At issue is the U.S. Constitution’s requirement that a president be a “natural born citizen,” something a foreigner likely would not be able to qualify as, he said.
“One of our most serious concerns is that the White House document appears to have been fabricated piecemeal on a computer, constructed by drawing together digitized data from several unknown sources,” Zullo wrote.
Zullo also noted that the governor of Hawaii was unable to produce an original birth document for Obama, and it should have been easy to find.
He said raising further questions is the fact Obama has refused to release: Original, long-form 1961 Hawaiian birth certificate, marriage license between Obama’s father (Barack Sr.) and mother (Stanley Ann Dunham), name change (Barry Sotero to Barack Hussein Obama), Obama’s adoption records, records of Obama’s and his mother’s repatriation as U.S. citizens on return from return from Indonesia, Obama’s baptism records, Noelani Elementary School (Hawaii), Punahou School financial aid or school records, Occidental College financial aid records, Harvard Law School records, Columbia senior thesis, Columbia College records, Obama’s record with Illinois State Bar Association, Obama’s files from career as an Illinois State senator, Obama’s law client list, Obama’s medical records and Obama’s passport records.
In action related to the same case, Klayman asked the court to strike the brief from the Alabama Democratic Party. He called in “frivolous and arrogant, and said “in addition to mocking in disrespectful fashion the seriousness of this case and the integrity of our judicial system, [Democrats] seek to improperly present new evidence not on the record for appeal.”
He also argues the case needs to be decided even though Secretary of State Beth Chapman doesn’t think so.
No comments:
Post a Comment