Today’s Florida Obama Ballot Challenge session of Voeltz v Obama ran a little over an hour. Defendants’ lawyers attempted to dismiss– they say nomination has not yet even taken place, that states cannot decide this, that Obama is natural born.
Plaintiff attorney Larry E. Klayman said nomination has in fact occurred, states do have jurisdiction, Obama has shown no legal proof of U.S. birth, is also not natural born because his father was not American. Some discussion on both sides.
Judge Terry Lewis did not reveal his opinions on these issues, but asked multiple clarifying questions.
There was some tak about giving Klayman leave to file an amended petition. Couldn’t hear last portion because my video display stopped for a while.
Continuance next Monday.
These multiple hearings will make it expensive to litigate against Obama– PLEASE SEND DONATIONS ASAP!!
Periodic updates provided here during the hearing ….
empty courtroom awaits FL ballot challenge hearing 0900 6-18-12
Debating motion to dismiss …
0610- Obama ‘s attorney tries to dismiss on technicalities
- candidate not actually nominated yet
- Not a direct election- Electoral College actually elects
- State courts can’t decide
Primary not really a primary- just a “Presidential preference” primary”
No primary held this year
101.252 not apply
Larry Klayman on at 0623
“Last time I was here was in 2000″
Candidate HAS been nominated
Not just citizen needed to serve, but NATURAL born
No foreign influence wanted- allegiance to U.S. wanted
Law of Nations book was key reference in writing eligibility clause
Born within territories of U.S. and of 2 citizen parents
Judge seesms little skeptical
Venus case- Justice John Marshall cites Vattel
When only one candidate of a party qualified… such candidate shall be declared nominated for office… so President Obama was nominated…
.. he was automatically nominated. Unopposed candidate is nominated. Cited more law to cement his point.
Applicable part of law deals with ALL candidates, including President. Must read statutes in a way that protects voters ‘ rights.
Judge Terry Lewis asked some clarifying questions.
Voter wants to vote for someone who will not later be nullified
Lewis: legilative role?
Klayman: Governor could call for special election under certain circumstances
Any decision will be appealed. Judge Lewis has reputation of making hard decisions, even if politically incorrect.
We have aright to nomination based on Constitution, not peoples’ notions. The fact that Obam now President, etc., is irrelevant. Not race.
Won Kim Ark largely irrelevant. About citizenship, not natural born Citizenship
There are potential Republican VP candidates not qualified (ineligible)
Asked judge to allow discovery to get evidence on record.
Went until 650
Obama’s lawyer back at 6:50
No reference to declatory judgement in amended complaint
He said Klayman quoted 18th centiry actions’
Conflict withy later court decisions
Not valid legal conclusions
Cited technicalities toi assert Obama hasn’t been nominated- per national Democrat rules?
Lewis argued with him about this
Lawyer continues that presidential preference primary doesn’t nominate
Lewis again arguing with Obama’s lawyer. Lewis seems to think Obama WAS nominated
Other lawyer (Secy of State or Democrats?)
Obama not nominated
Chapter 103 not say primary= nomination
National political party only has one presidentia lnomination. Process leading up to it can vary from state to state
Only nominating convention is a nomination.
Would want 2nd amended complaint to incorporate citation to protect voter interests
They (defendants) want to pull the rug out from under this court, saying no nomination occurred.
Eligibility must be determined now to make sure voters have eligible candidate. Must go with interpretation that favors the voter.
Discovery stayed- we do need to start.
Referenced affidavits needed to help show ineligibility
Lewis says no allegation of birth outside U.S> Klayman says yes there is.
Stick with election activity not eligibility trial
(video has stopped several times)
lost part of Lewis words
Session will resume NEXT Monday.
Case is still alive