March 14, 2009
� 2008 - NewsWithViews.com
Before I get into the how can we get this done, I would first like to make a statement to hopefully deflect an email box full of hate mail.
Please don't misconstrue what I'm about to say as disparaging to any of the lawyers involved in these lawsuits. I have supported all of them and their efforts. I am not an attorney. I have no training in the law, but I can read and read I have. A million words in these lawsuits; the briefs as well as supporting documentation. That's how I learn and hopefully make an informed decision. Not based on personalities, but what the law says.
Millions (not a thousand or a hundred thousand), but millions of Americans either know a lot about the Obama citizenship/birth certificate controversy or they know enough that it has raised serious questions in their mind.
Readers of this column and listeners to my radio show know that I have covered this extensively. They also know that I do not play favorites and would be fighting the same fight if McCain had allegedly been elected because McCain is also, in my opinion, constitutionally ineligible.
While some cases have received more attention than others, those receiving the most exposure have been cases filed by Phillip Berg, Dr. Orly Taitz, Leo Donofrio, Cort Wrotnoski, Stephen Pidgeon, Mario Apuzzo and the United States Justice Foundation. Dozens have been filed at the state level; too many to list here. Many of the cases have been brought by citizens and the rest by attorneys on behalf of their clients.
We are all aware of the outcome of those docketed to the U.S. Supreme Court (Denied with no comment on merit) and those that had at least a hearing of some sort in front of a judge. The issue of whether or not Barack Hussein Obama aka Barry Soetoro aka and so forth, is badly dividing this country. The frustration and rage is escalating. Every piece of legislation he signs into law brings the potential of lawsuits that would be never ending - possibly thousands of them. Not to mention the destructive policies Obama is shoving down our throats. However, the issue at hand is not political or racial, but a matter of constitutional law.
Thousands of citizens have been doing everything humanly possible to get the courts to hear these cases on their merits. Of course, this is more than just a political hot potato, it is a volcano that could erupt in a nasty way. That's why the courts won't touch it - what judge wants to be responsible for removing an usurper president? Do they even have the legal authority to do so? An important question.
The situation can't continue with another lawsuit filed on Monday, four on Wednesday, maybe three the following week. Then comes the endless wait while the defendants respond and the legal wrangling begins. When those fail in seven or eight weeks, a new round of lawsuits gets filed and again, months go by while the defendants answer the lawsuit and file motions that could go on for years. Leo speaks highly of Mario Apuzzo's case, Kerchner v Obama and we hope it has a successful outcome. Mr. Apuzzo's web site is here.
Obama has controlled the birth certificate issue from day one. He continues to do so. This keeps all of us wondering, filing Freedom of Information Act requests and lawsuits. I think even to the most staunch Obama supporter, it's obvious by now that Obama refuses to release his vault birth certificate because he has something to hide. Or, maybe not. Maybe Obama's refusal is simply to keep everyone running around chasing lawsuits. Remember, he can pull it out for release to the media anytime he wants. Timing in life is everything as they say - especially in politics.
There is also the issue of possible criminal activity by Obama and this is addressed on Orly's web site where she is petitioning Attorney General Eric Holder for a special prosecutor; click here.
What do we do to bring this to an end as quickly as possible? I believe Orly was the first to bring up the issue of Quo Warranto, but I'm not 100% certain. There is so much activity and web sites to comb through besides reading all these legal filings. In any event, there are outstanding lawsuits waiting to be processed through the system. Many state representatives, active military and veterans have signed up to become plaintiffs for a possible lawsuit being initiated by Orly. They are all listed on her web site. Orly has also sent a letter of request to AG Eric Holder to undertake a Quo Warranto, as well as a new filing with the U.S. Supreme Court; click here.
Both Orly and Leo Donofrio were guests on my radio show last week to help us understand these legal issues. In a recent column, I provided a link to Leo's three part hypothetical brief on Quo Warranto; click here. I concur that a Quo Warranto in the District Court in Washington, DC, FIRST is the best path to take, not the U.S. Supreme Court.
If you read the statute (see Leo's brief), even if AG Holder and U.S. Attorney Jeffrey Taylor decline to proceed, there is still the opportunity to go forward. In Part 3 of Leo's legal analysis, you will see where he gives the statute and who can have standing. This has been done successfully in the past when the AG and US Attorney have failed to act. We also have to remember that this will be a jury trial. My biggest concern is that an action taken straight to the U.S. Supreme Court - especially in light of the fact that the Chief Justice, John G. Roberts, met behind closed doors with Obama - would likely be shot down and we lose. Personally, I believe on the Quo Warranto issue, the U.S. Supreme Court should be last in line.
I know the knee jerk reaction to a jury trial in the District Court in Washington, DC, because I've already had email: "You're dreaming, Devvy, if you think jurors in Washington, DC, who worship the Messiah are going to do the right thing." My response is to let the system work and do not underestimate the integrity of the American people when presented with solid facts. That statute is perfect for this issue. It is up to the AG and the U.S. Attorney to bring an action on behalf of the United States. No plaintiffs. Should they refuse, then the "third persons" or "interested persons" part kicks in and we proceed from there.
Many, many Americans have been forwarding their letters of request to Holder the past couple of weeks; Orly has been posting them to her web site. Thank you to all the people who wrote letters to Richard Durbin. Every one counts. We know that hundreds of thousands have signed petitions to the courts. If hundreds of thousands of Americans from all walks of life sent their polite requests to Holder and Taylor (including all those state legislators), something has to give. A small flame can turn into a huge fire if fanned properly.
This pdf file is my certified letter to U.S. Attorney Jeffrey Taylor. I provided a copy to Richard Durbin at the U.S. Attorney's office in Austin, Texas and U.S. Attorney Patrick Fitzgerald. That pdf file also contains Leo Donofrio's letter of March 13, 2009, to U.S. Attorney Taylor. I put Leo's letter in this pdf file to help people like me. I wear glasses and sometimes reading text off a web site with color back grounds makes it difficult on my old eyes.
I hope you will join me in sending U.S. Attorney Taylor a polite request to bring a Quo Warranto action. It is completely within either Holder or Taylor's discretion. It can be one or the other or both of them. Time is of the essence and we simply must move this along to a resolution. The longer this lingers, the worst the situation will get for all of us and our republic.
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States Attorney Jeffrey Taylor
United States Attorney's Office
555 4th Street, NW
Washington, DC 20530
H. Holder Jr., Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Web sites on lawsuits:
of cases and actions
Dr. Orly Taitz
United States Justice Foundation