April 28, 2012

 
 

Obama Eligibility Surprise, Federal Court may hear Case

April 28, 2012. Nashville. Since the day Barack Obama took office as US President, Constitutionalists have been quietly questioning his legal eligibility to hold the office. While the President has spent three years and millions of dollars to keep the evidence, or lack thereof, hidden, one court after another has refused to hear the unprecedented case. This week, a Federal judge has ruled with Obama once again that it is a federal matter not a state matter. Only this time, the judge shocked Democratic Party and White House officials by insisting the case must be heard.

Van Irion of the Liberty Legal Foundation, heading the suit challenging Obama's elegibility in Tenn.

In a report by WND News, US District Judge Thomas Anderson said, the “issue of whether President Obama is constitutionally qualified to run for the presidency is certainly substantial.” Judge Anderson also appeared to do something all other state and federal judges who’ve heard arguments on the issue haven’t done – approach the case on its legal merits, not political.



The court acknowledged the numerous suits across the country challenging Barack Obama’s legal eligibility to hold the office of US President. Judge Anderson wrote in his opinion, “This specific question has been raised in numerous lawsuits filed since President Obama took office. The outcome of the federal question in this case will certainly have an effect on other cases presenting the same issue about whether President Obama meets the constitutional qualifications for the presidency.”

Nationwide lawsuits

The federal judge in Tennessee was referring to the slew of lawsuits across the country challenging Obama’s eligibility. Most efforts have sought to force state courts to rule whether or not Obama is eligible to appear on the ballot for President. Since it is each state’s respective responsibility to verify all candidates’ eligibility for office, it is the state that has jurisdiction over state ballot access requirements.

Read the Whiteout Press article, ‘Obama Ballot Challenge in 6 States’ for details.

In case after case, petitioners have met with one of two outcomes. Either the state court dismisses the case or rules that it’s the federal government’s jurisdiction since Presidential requirements are defined by the US Constitution, not state Constitutions. In each case, attorneys for President Obama have argued that the lawsuits have no place in state courts, and they’ve won.

Just last week in New Jersey, petitioners asked the court to subpoena President Obama’s birth certificate in an attempt to confirm some of the President’s personal information. Obama’s attorney argued against the motion saying, “We do not believe the president’s birth certificate is relevant to this case.” Judge Jeff S. Masin agreed with the President’s lawyer and also dismissed the case. His decision also revealed a shocking secret in American politics – nobody is in charge.

Read the Whiteout Press article, ‘NJ Judge refuses to rule on Obama Eligibility’ for details.

In its ruling, the New Jersey court affirmed, “There is no obligation upon the person endorsed to prove his or her qualification for office.” In other words, it’s the responsibility of each state’s Board of Elections to check and verify candidate eligibility before printing the candidates’ names on the election ballot. In New Jersey, just as in other states, the various Boards of Elections don’t check Presidential candidates’ eligibility and simply take Democratic and Republican Party officials’ word for it each election cycle.



The Obama Tennessee surprise

In the Tennessee case this week, President Obama’s attorneys were once again successful in keeping the case in federal court where judges have been sympathetic to the President’s argument. Petitioners in the case let out a sigh of defeat at first, fearing that their effort in the Volunteer State was going to be a repeat of the other disappointing outcomes. Instead, Judge Anderson shocked the political world by being the first judge to support the overall argument of those who filed the suit.

While Anderson didn’t force President Obama to prove he’s eligible to hold the office of US President, the judge did rule that a federal court must hear the case. In support of his ruling, Judge Anderson said, “It is clear that the stated federal issue of President Obama’s qualifications for the office are actually disputed and substantial.” Speaking to the multiple state lawsuits challenging the President’s eligibility, the judge decided, “There is a risk of inconsistent adjudications on the federal issue presented.”

Judge Anderson concluded his decision saying, “It is undisputed that the material fact at issue in this case is whether under the circumstances of president Obama’s birth, the president is a ‘natural born citizen,’ a term set out in the United States Constitution and construed under federal law.”

In short, the federal judge in Tennessee has ruled that a federal court must hear the case and decide once and for all whether or not President Obama is eligible to be President of the United States.

The merits of the case

As detailed in previous Whiteout Press articles, the facts of the case are quite simple:

  • The US Constitution requires any US President to be a ‘Natural Born Citizen’.
  • The US Supreme Court ruled in 1875 that a ‘Natural Born Citizen’ was any citizen who at the time of birth, was born to two US citizen parents.
  • Barack Obama’s secret birth certificate, which the actual certificate has yet to be made public, shows his father as being born in another country.
  • Did President Obama’s father achieve citizenship before Barack was born, or after?

That last point is the one and only deciding issue in this case. If Barack was born before his father received his citizenship, then Barack Obama would not be eligible to serve as US President. If he was born after his father became a US citizen, then Obama would seem to be eligible. Since petitioners in numerous states have presented documents from the US Immigration and Naturalization Service detailing the immigration records of President Obama’s father, it is assumed that the President’s political adversaries may have the smoking gun needed to prove Obama is not eligible.



The petitioners

Bringing the law suit in Tennessee, and supporting efforts in other states, is the Liberty Legal Foundation and attorney Van Irion. The attorney seemed happy but cautious after the judge’s ruling. “It is clear that the stated federal issue of President Obama’s qualifications for the office are actually disputed and substantial,” Van Irion announced, “While it is certainly dangerous to read too much into such an opinion, the statements from this federal court are encouraging. The court appears to understand the most critical issues presented by our complaint.”

Irion was surprised in that he actually lost his ruling to have the jurisdiction transferred to state court. But it was in that ruling that Judge Anderson appeared to be sympathetic to the argument. He insisted it was a claim that must be settled and ruled it must be decided in federal court where the decision will apply to all separate state suits over the matter. Whether or not the case will be heard in time to effect the November election isn’t clear yet.

The Obama strategy

Legal experts expect the President’s lawyers to challenge the definition of the term ‘Natural Born Citizen’. In 1875, in the case of Minor v. Happersett, the US Supreme Court ruled that a natural born citizen was defined as, “all children born in a country of parents who were its citizens.” If lawyers can get a new legal ruling on the definition , one that would make Obama eligible, the case would be settled without any adverse effects on the President.

Until now, the worst case scenario for the President was that a big-delegate state like New Jersey or Illinois might rule that Obama is not eligible to appear on the November ballot. That could theoretically jeopardize the President's chances for re-election. A nationwide, federal ruling on the matter could halt Obama's quest for a second term all together, not to mention throw the past 3 years worth of US laws into question.

On a separate track, the American people have taken it upon themselves to get to the truth about President Obama’s secret history. So far, according to the WND account, Congress has received over 40,000 letters asking the Legislative branch to investigate the President and his eligibility. Most political pundits however, insist that even Obama’s fiercest critics are too afraid to touch the issue for fear it’s just too toxic of a subject right now and would appear as a cruel, election-eve stunt. Stay tuned for more information.

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