Whatever Judge Carroll’s motive in dismissing Voeltz’ case without providing due process of law – for example, perhaps like his buddy he wants to be nominated for a higher federal judgeship – this jurist has not only violated his oath of office to obey the U.S. and Florida constitutions, but subverted the rule of law generally.

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THE JUDICIAL GRINCH WHO STOLE DUE PROCESS

Exclusive: Larry Klayman whacks judge who dismissed eligibility challenge

By Attorney Larry Klayman @ WND

Just when I thought I’d seen almost everything among the judiciary, along comes Judge Kevin J. Carroll of the Circuit Court in and for Leon County, Fla., the venue in Tallahassee where my client, a Democrat, Michael Voeltz, again challenged Barack Hussein Obama’s eligibility to be president following the Nov. 6 elections. Voeltz’s previous challenges were effectively held to have been premature by two colleagues of Judge Carroll. While Voeltz and I strongly disagree with these decisions and have them on appeal, out of abundance of caution and to squarely contest Obama’s re-election, we decided to file yet a third challenge after the election. Under Florida law, Voeltz has a clear-cut, unbridled right to challenge both Obama’s fraudulent representations that he was born in the United States and is thus a natural born citizen eligible to be president, as well as the simple issue of whether he is eligible even in the absence of fraud.

Florida Statutes Section 102.168 Contest of Election provides in relevant part:

(1) … the certification of election or nomination of any person to office, or of the result of any question submitted by referendum, may be contested in the circuit court by an unsuccessful candidate for such office or nomination thereto or by any elector (i.e. Voeltz) qualified to vote in the election related to such candidacy, or by any taxpayer (i.e. Voeltz), respectively (for): … 

(3) (a) Misconduct, fraud or corruption … 

(4) (b) Ineligibility of the successful candidate for the nomination or office in dispute.

Thus, Voeltz as an elector and taxpayer under Florida law, has an absolute right to file an election contest over Obama’s eligibility to qualify for the office of the president. Florida’s law is the strongest in the nation on this issue. # When this latest case was assigned to Judge Carroll – a Republican appointed by a “Republican” governor, Rick Scott, coincidentally to fill the judicial vacancy in Leon County that occurred when one of the few truly great judges in the nation, Judge Sanders Sauls, retired (Sauls was the Florida judge who presided over and decided the famous Gore v. Bush case in 2000, a trial I participated in while head of Judicial Watch) – I held out some hope that the rule of law might now prevail. I was wrong.

Without even permitting Voeltz to have a hearing on his complaint, after Judge Carroll had ruled that we could request one – which we did timely – Carroll panicked when he saw that we meant business and were prepared to bring witnesses, such as Sheriff Joe Arpaio, private investigator Mike Zullo and renowned investigative reporter and award-winning author Jerome Corsi to the hearing to testify, under oath, with hard evidence, that Obama’s claimed birth certificate is fraudulent (as well as many of his other identifying documents), and he was thus not born in the United States or its territories and thus not eligible to be president.
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