Wingnuttery to a higher dimension: Obama’s citizenship

May 20, 2009

I can’t believe there are still people out there who argue that President Obama is not eligible to be president, and who still refuse to look at the evidence.

Here’s a measure of how far down in the barrel they have to scrape to keep this issue alive:  Check out this blog by a New Mexico paralegal who is a source for World Net Daily.  A nation loaded with good Constitutional scholars in law schools, history departments, political science departments and public affairs and management schools, and WND finds an obscure paralegal in New Mexico instead, to get the lowdown on U.S. law on citizenship.

There’s a sucker born every minute, but WND’s philosophy is that anyone can act like a sucker if you work hard enough at it.  WND is working very hard.

Other comments at MFB


Anti-Obama blogger indicted for threatening Secret Service agent

April 19, 2009

You think some of those who deny Obama’s eligibility sound a little crazy?

Seems to be an accurate perception.  From The Oregonian (via OregonLive.com):

A Springfield blogger is accused of threatening the life, limbs and lower alimentary canal of a Secret Service agent.

James T. Cuneo, 43, was indicted Thursday on charges of making a series of threats against Special Agent Ronald Brown in the course of his official duties.

This was strange turnabout for Brown, whose job in the agency’s Presidential Protection Division is mainly to thwart threats against the commander in chief. For the first time in his 15-year career, Brown wrote in federal court papers, someone was repeatedly harassing him.

There’s a difference between a dog on a bone and a psychotic; some of the Obama denialists appear to have blurred the difference.  Cuneo’s complaint appears to revolve around the same issue that set off Texas Darlin’ and a few dozen others.  Cuneo escalated the thing; let’s hope no others do the same.

On Oct. 16, Brown and Springfield police detectives dropped in on Cuneo to chat about threats he had allegedly made about Google executives on his Internet blog: walkndude.wordpress.com. (WordPress has taken the site offline for violation of its terms of service.)

“Cuneo was extremely belligerent, refused to answer questions and became increasingly threatening,” Brown wrote in an arrest affidavit. “We left the driveway of Cuneo’s residence without further incident.”

Cuneo then began to phone the Secret Service office in Portland, threatening Brown and others, the government alleges. “Cuneo,” Brown wrote, “seems to think that we are aiding and abetting the ‘illegal U.S. President’ and that he and others need to arrest us for not doing our job.”

Brown says Cuneo phoned him in January and, with a colorful series of expletives, threatened him with physical harm, including execution by hanging, electric chair or firing squad. Those threats — and Cuneo’s history of violence — concerned federal officials, according to Brown’s affidavit.

Time to get back to real issues.  2010 is around the corner, 2012 is not much farther.

And, by the way, a federal judge in the District of Columbia issued an order dismissing one of the many nuisance suits filed by the denialists (styled Hollister v. Soetoro) , stating clearly that the suits are nuisances and asking for a showing of why sanctions under Rule 11 of the Federal Rules of Civil Procedure should not be applied.  In short, the judge has ruled that the case against Obama’s eligibility is so rank and utterly without substance that any lawyer of average intelligence and sound mind should know better than to trouble a court with it.  I think this is from the court’s order:

Because it appears that the complaint in this case may have been presented for an improper purpose such as to harass; and that the interpleader claims and other legal contentions of the plaintiff are not warranted by existing law or by non-frivolous arguments for extending, modifying or reversing existing law or for establishing new law, the accompanying order of dismissal requires Mr. Hemenway [the attorney of record] to show cause why he has not violated Rules 11 (b) (1) and 11 (b) (2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.

Crazier fringes of the anti-Obama guild claim that a letter from Obama’s attorneys asking that the suit be dropped is “threatening.”  It’s not threatening to tell the schoolyard bully to straighten up.  How much ozone have these people depleted?

Update: Yes to Democracy also carries news on the March 24 action by Judge Robertson.  When do the denialists finally wake up, smell the coffee, smell the stale beer cans, pinch themselves, take a shower and get on with life?  So, to sum up:  A judge in Washington, D.C., has dismissed the suit and called the bluff of the plaintiffs and stealth plaintiffs; Huffington Post revealed the financial stake of WorldNet Daily in continuing to finance the suits, and in pushing the suits improperly; and a federal prosecutor won an indictment of a blogger who started rumbling about taking violent action in favor of the Birthers, and who failed to heed warnings to tone down his vitriol.  Have the birthers figured it out yet?

Tip of the old scrub brush to Micah.

Resources:


Supreme Court tryouts

March 20, 2009

Elena Kagan took the oath of office to be the nation’s top lawyer, the Solicitor General, last Friday.  The Associated Press is running a story (here from the Sacramento Bee) on whether this is a tryout for the Supreme Court itself, “Obama could make top high court lawyer a justice.”  (Isn’t that a tortured headline?)

Three justices may want to retire soon:  Justice John Paul Stevens is 88 years old.  Justice Ruth Bader Ginsburg is 76, and back on the court in record time after surgery for pancreatic cancer.  Justice David Souter is third oldest, at 69.

So, this AP story could be a good article for use in government classes.  Consider these questions:

  • Is Solicitor General a stepping stone to the Supreme Court’s bench?
  • What is the role of the Solicitor General?
  • How important is Supreme Court experience, or experience in other courtrooms, to success in arguing before the Supreme Court?
  • What are some of the top cases before the Supreme Court this term, and what are the potential and likely results of these appeals?
  • What is the role of the U.S. Senate in selection of federal judges, and especially in the selection of Supreme Court justices?
  • Kagan clerked for Justice Thurgood Marshall.  What do law clerks do for justices?  What does her clerking suggest for Kagan’s advocacy of Voting Rights Act issues, since she worked with Justice Thurgood Marshall?

Resources:


5th Circuit approves Texas “moment of silence” law

March 19, 2009

Any Texas student who had hoped to get out of the one-minute silence exercise suffered a defeat on St. Patrick’s Day.  A three-judge panel of the Fifth Circuit Court of Appeals sustained a Texas federal court’s ruling that the state-mandated moment of silence is legal.

Edith Brown Clement wrote the decision for the panel, in Croft vs. Texas (the link is to a .pdf of the decision).

David and Shannon Croft, as parents and next friends of their three minor children (collectively, the “Crofts”), bring suit against the governor of the state of Texas, Rick Perry (“Perry”), arguing that Texas Education Code § 25.082(d) is an unconstitutional establishment of religion. The district court granted summary judgment in favor of Perry, holding that § 25.082(d) had a secular legislative purpose and was not an establishment of religion. For the following reasons, we affirm.

*     *     *     *     *     *

Conclusion

The Crofts have standing to challenge the 2003 Amendments. But the Amendments are constitutional and satisfy all three prongs of the Lemon analysis. There is no excessive entanglement, and the primary effect of the Amendments is not to advance religion. The most difficult prong—for this and for moment of silence statutes generally—is legislative purpose. But our review of legislative history is deferential, and such deference leads to an adequate secular purpose in this case. While we cannot allow a “sham” legislative purpose, we should generally defer to the stated legislative intent. Here, that intent was to promote patriotism and allow for a moment of quiet contemplation.  These are valid secular purposes, and are not outweighed by limited legislative history showing that some legislators may have been motivated by religion. Because the 2003 Amendments survive the Lemon test, they are not an unconstitutional establishment of religion, and the judgment of the district court is AFFIRMED

We covered the original trial court decision here at the Bathtub.

Not much news coverage of the story, not so much as I would have thought (many Texas schools are on break this week).  No firm word on whether the Crofts will appeal further.  An Illinois case went the other way in January — enough conflict to get the Supreme Court involved?  Difficult to say.  The Illinois Legislature is working to undo the federal court decision, in Illinois.

Would it be a good case to cover in government?  What do you think?

What should the students meditate on?  A suggestion from the comments at the Dallas Morning News blogsite:

“May we please have a moment of science, for those poor souls that cannot understand evolution as God’s scientific method.”
Joseph Cassles


Hallucinating George Washington, the Birth Certificate Obsessed

January 20, 2009

Some of the Birth Certificate Obsessed (BCOs) are seeing things (that’s Obama’s birth certificate that they are obsessed with).  They claim to see a vision that is attributed to George Washington in a hoax. It’s voodoo history, stuff that never was.

Hallucinations would be bad enough, but what do you have to smoke to see hallucinations other people were supposed to have had, but didn’t?

Looking at the docket of the Supreme Court, I don’t see that any of the anti-Obama suits got an order for certiorari. Will the dismissal of the wingnut lawsuits make the wingnuts go away?


FAIL repeated: Challenges to Obama’s eligibility

December 26, 2008

Some weeks ago we visited six hurdles that the case against Barack Obama’s eligibility for the presidency would have to overcome to disqualify him.

All six hurdles still remain.  No one has made any serious response to any of the six.

Above the West Entrance to the U.S. Supreme Court is engraved Equal Justice Under Law

Above the West Entrance to the U.S. Supreme Court is engraved "Equal Justice Under Law"

But the Birth Certificate Obsessed (BCO) people go on and on.

Let me note that the six hurdles still stand — six reasons why the objections to Obama’s eligibility will fail:

  1. Obama has a U.S. passport (claims that he doesn’t have a passport were put to rest when it was revealed, in March 2008, that State Department workers had illegally accessed his passport records).
  2. Because we know Obama has a U.S. passport, we can be quite sure his draft status was verified before it was issued — which puts to bed any issue about his registering for the draft (which he wouldn’t have been required to do in any case until 1980 — draft registration had been suspended in 1973 until the Afghanistan/Soviet crisis).
  3. Obama’s a lawyer; the National Conference of Bar Examiners, or the Illinois Bar, would have checked on any problems that surfaced when verifying his fitness to practice law.
  4. Obama was a U.S. senator; as a matter of course, the FBI does a background check on every U.S. senator to verify they may view top secret material. Security clearances are absolutely necessary for members of the Intelligence Oversight Committee, the Foreign Relations Committee, and the Armed Services Committee.  Obama was a member of the Foreign Relations Committee, chairing the subcommittee that deals with U.S. relations with NATO — a post that requires top secret clearances.
  5. Obama has been getting the full national security briefing every day that the president gets; CIA and Homeland Security would have to verify his top secret clearances, and then some.  There is absolutely no indication that this top, top check was not carried out.
  6. Perhaps most important, Obama posted an image of his birth certificate on-line in June; experts who checked the actual document verify it is real, and therefore authoritative.

Each of these six circumstances creates a rebuttable presumption that Obama is a citizen, and a natural born citizen under the somewhat ambiguous requirements of Article II of the Constitution.  In order to make a case that Obama is ineligible, contestants would need to make a strong showing, with clear evidence, to rebut the presumptions created by by these official actions.

Professional poker player Leo Donofrio has made no such evidentiary showing, anywhere, at any time.  Nor has any other Obama critic presented any evidence to overcome any of these six presumptions.

Recently a poster named Carlyle complained that my previous post had been unknown to him. While I posted trackbacks to his post at Texas Darlin’, that blog censors my posts and trackbacks, and thereby deprived this BCO from knowing about the facts (indeed, trackbacks are automatic, since Texas Darlin’ is also a WordPress blog; the only way the trackbacks and comments don’t show up at TD’s blog is because she censors them).  With some fury, Carlyle and others found that post from November 27 and complained I was unfair to them.  However, none has presented any serious challenge to the six hurdles.

How can I be unfair when they won’t make a case?

Here, below the fold, is an example of the heated and off-target responses I’ve gotten.  Of course, I offer comments as we go.

Read the rest of this entry »


Supreme Court won’t review challenge to Obama

December 15, 2008

The Associated Press reports that the Supreme Court refused for the second time to take a second case challenging the eligibility of Barack Obama to be president.

Cort Wrotnowski alleged that Obama’s father’s British citizenship made Obama’s birth citizenship different from “natural born” citizenship as the Constitution says the president must be.

There was no comment on the case from the Court, just a note that the appeal was not taken.

Tinfoil hat concessionaires on Capitol Hill were disappointed.

In other news, electors are meeting today to elect Obama president.


Supreme Court: No review of Obama eligibility

December 6, 2008

Generally the orders coming out of Friday conferences at the Supreme Court issue the following Monday. So, for Obama critics and dedicated Obama haters, there is still some hope that the Supreme Court might answer part of their wildest dreams. But it doesn’t look good for them.

[Saturday night update: Donofrio’s blog acknowledges the orders don’t include his case. He’s holding out for Monday. Technically, he’s right — the orders usually would issue Monday. But if Friday’s orders issued from Friday’s conference, it doesn’t speak well of the chances that an age discrimination case took precedence over a case challenging the election still in process. We won’t know for sure, until Monday.]

[Monday morning update, December 8: It’s official. Donofrio’s case was not accepted for a hearing. As the Washington Post noted, there are other pending cases, but nothing likely to be acted on soon. I’ve noted in other posts, I think it unlikely any of the cases has a signficant chance of success.]

No order issued from the Supreme Court to further discuss the appeal of the dismissal of a New Jersey lawsuit challenging Barack Obama’s eligibility to be president. Instead, the Court granted certiorari to an accused terrorist to challenge President George W. Bush’s authority (which will fall to President Barack Obama, really), and the Court granted cert and an okay for an amicus brief on a labor case (age discrimination).

(writ of certiorari: [Law Latin “to be more fully informed”] An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. ♦ The U.S. Supreme Court uses certiorari to review most of the cases it decides to hear.) Black’s Law Dictionary, 7th ed. (Bryan Garner, ed.)

Assuming this listing to be accurate, the shotgun arguments against Obama’s eligibility appear to be dead issues. The electoral college balloting occurs on December 15 in 50 state capitals and the District of Columbia.

Short of a mass exodus of Obama electors in states where law does not bind them to vote as they pledged to vote, Obama’s selection by the electoral college appears to be fait accompli.

The Wall Street Journal’s Law Blog noted the lack of order in the case, late yesterday.

For thousands of people addicted to the tubes of the internet, this will pose interesting problems as to what they can whine about for the next several weeks.

Previous comments on the Bathtub:

Over the front door of the U.S. Supreme Court:

Over the front door of the U.S. Supreme Court: “Equal Justice Under Law.” Wikipedia image by UpStateNYer


Without hysterics, the Obama eligibility issue

December 5, 2008

In a conference today [December 5, 2008] the Supreme Court will reconsider together whether to take on a suit challenging the eligibility of Barack Obama to be president of the United States under a sometimes-arcane  section of Article II of the Constitution.

Is Barack Obama a “natural born” citizen of the U.S.?

In the building where “Equal Justice Under Law” is engraved high over the front door, poker-player Leo Donofrio’s challenge will be examined to see whether at least four of the nine justices of the Court think he has enough of a case to actually merit a hearing.  Justice David Souter rejected Donofrio’s case earlier, so this is a hail-Mary play on the part of Obama’s opponents.

Equal Justice Under Law, the West Pediment of the U.S. Supreme court. AAPF image

Equal Justice Under Law, the West Pediment of the U.S. Supreme court. AAPF image

The Court takes seriously the principle engraved over the door, however.  This is the same Court that ruled earlier this year an accused terrorist and all-around bad guy held at Guantanamo Bay has the right to a writ of habeas corpus over the objections of the Most Power Man in the World, U.S. President George W. Bush.  The humble, gritty, or even unsavory history of litigants does not limit their rights under the law.

Leo Donofrio in his usual office. Leo Donofrio image

Leo Donofrio in his usual office. Leo Donofrio image

So the question is, what sort of case does Donofrio have against Obama’s eligibility?

Would Justice Clarence Thomas have agreed to bring this case to the conference if it doesn’t have a chance to succeed?

I’ve not lunched with Thomas in more than two decades, so I can’t speak with any inside knowledge.  Historically, the Court, and indeed all the federal courts, have agreed to examine cases like this often simply to provide an authoritative close to the issue.  In this case, the outright hysteria of the anti-Obama partisans suggests the issue should be put to bed if possible.

Under usual Court procedures, we won’t learn the results of the conference until Monday.  I would not be surprised if the results are announced today, just to promote the settling of the issue.

Does Donofrio have a case?

I don’t see a case.  It’s clear that Obama is a U.S. citizen now.  Donofrio’s argument is rather strained, and sexist.  He claims that Obama’s father having been a British subject in 1961 (Kenya was not yet independent), Obama had dual citizenship at birth — and, further, Donofrio alleges, this dual citizenship trumps both Obama’s birth on U.S. soil (which should be dispositive) AND Obama’s mother’s U.S. citizenship, conferring a special status that doesn’t meet the intentions of the framers of the Constitution.

Donofrio’s claim is odd in that it would grant a lesser-status to children of legal immigrants than is allowed by law to children of illegal immigrants, or temporary visitors.  It also is bizarre, to me, in the way it dismisses Obama’s mother’s existence as a factor in Obama’s citizenship status — and while equal rights for women were not wholly obtained in 1961, no one has successfully argued that the citizenship of the father trumps that of the mother in citizenship cases.

Donofrio is arguing that Obama’s dual citizenship at birth disqualifies him from holding the presidency, technically, in a very narrow reading — though Obama would have absolutely every other right of a natural born citizen.

A couple of observations:

First, this is not an easy issue to litigate. Standing is the easiest way for a federal court to avoid a decision — what harm can a citizen claim from letting Obama be president?  It’s difficult to find an injury even were Donofrio’s claims valid.  No blood, no foul.  No injury, no standing to sue.  It is upon this basis that most of the cases against Obama’s eligibility have been tossed out, as Donofrio’s has been tossed, twice already.

Second, it is unclear what entity enforces the eligibility clause of the Constitution, or indeed, whether any entity can. For most of the summer Obama’s critics were pressuring the Federal Election Commission (FEC) to do something, even though the FEC lacks a quorum of members to do anything.  More to the point, there is nothing in any law that confers on the FEC the function of checking the citizenship status of any candidate.  Sometime in October they finally figured out that state secretaries of state might have a role, since they set up the ballots in each state.

I admit I thought that, until I reflected on the issue of the electoral college.  In U.S. presidential elections, voters do not vote directly for president and vice president.  Instead, we vote to elect people who will be the electors who decide — electors of the electoral college.  The history of this institution can be found elsewhere.  For the sake of these suits, however, it means that the secretaries of state have no role at all in the eligibility of the candidates.  They rule on the eligibility of the electors, which is an entirely different kettle of fish. Some states even list the electors on the ballot.

But in any case, it means Donofrio is suing the wrong entity, even if we can’t tell him what the correct entity is.

Third and most important, Donofrio is asking for U.S. citizenship law to be overturned in a most inconvenient time and place. Dual citizenship is a bar to very little in American life.  There is an assumption that people who hold that status are fully American citizens, absent a showing of contrary facts.  There are no contrary facts in evidence from Donofrio, nor from anyone else, despite promises of the revelation of conspiracies.

In short, Donofrio is arguing that there is, somewhere, somehow, some information that Barack Obama is not the shining patriot his life story reveals.  Donofrio doesn’t know what that information is, or where it might be found, but he thinks maybe the State of Hawaii is complicit in a conspiracy to hide this information, which is hidden on the hand-written records of Obama’s birth in 1961.  You might think Donofrio has watched “National Treasure” a few too many times, and whether it’s that movie or some other source, you’d be right — paranoid suspicions of conspiracy are not the stuff good court cases are made of.

The dozen or more cases against Obama’s eligibility all suffer from this astounding, dramatic lack of evidence.  Is there an affidavit from someone who alleges that Obama’s citizenship should be called into question?  If so, they’ve not been presented to any court.  (Obama tormentor Corsi claims to have interviewed Obama’s Kenyan grandmother, and he alleges she said through an interpreter that Obama was born in Kenya; oddly, he didn’t bother to get an affidavit from the woman, nor from anyone else — and others who listen to the tape think she thought Corsi was asking about the birth of her son, not grandson.  This is not solid evidence.)

I argued earlier there is a long chain of evidence creating rebuttable presumptions that Obama’s a natural born U.S. citizen.  To contradict this chain of evidence, contestants should provide extraordinary, clear evidence of contradiction.  What is offered by Donofrio is neither extraordinary, nor clear, nor necessarily contradictory to the presumptions.

This is not an issue solely for the hysterical.  Lawyers and scholars have looked at the issue through the years, and intensely this year, and arrived at the conclusion that Obama is perfectly eligible for the presidency.

Will sanity ever prevail?

Resources you may want to consult:

Vodpod videos no longer available.


Obama’s birth certificate: Astrologers bring sound reason

November 30, 2008

Texas Darlin‘ and the bevy of sites who contest the authenticity of Barack Obama’s birth certificate need to come up for air once in a while.  When astrologers start using better science, logic and reason than those obsessed with Obama’s birth certificate, it’s time for those so obsessed to change their ways, don’t you think?

See also the six ways the arguments against Obama’s birth certificate fail.


6 ways challenges to Obama’s citizenship fail

November 27, 2008

Enough already.  Somebody’s putting LSD into the water conservatives and other wackoes are drinking — that’s the only rational explanation for continued complaints about Barack Obama’s birth eligibility for the presidency.

First, here’s the rational view of the issue, from FactCheck.org, “Born in the USA.”

Here are a few of the sites that seem to have lost all touch with reality, and continue to whine that Obama might somehow be ineligible for the presidency:

Conservatives expert advisor Leo C. Denofrio, from his seat at a Caesars Palace poker table

Do you trust your nation's future to this man? - Conservatives' expert advisor Leo C. Denofrio, from his seat at a Caesar's Palace poker table

Weird enough, irrational enough yet?  As odd as these sites are, sometimes the comments get even odder.  It doesn’t help the rationality quotient that so many of these bloggers block out or strike down comments that present an alternative case or rational answers.

And in fact, it’s partly because of Texas Darlin’s anti-rational-comment pose that I put this post up.  Somebody, somewhere, needs to suggest the rational foundations, and inject them into the discussion.

A commenter named Carlyle states the basic case of the birth-certificate-obsessed people (BCOs).  It’s a nutty case, ungrounded in fact or logic, but Texas Darlin’ won’t allow responses.  So, here are some of the things these people are not thinking about as they fold ever-thicker tinfoil hats.

Carlyle said:

But let me back up for a moment and lay out the two great truths. These are the things that are known without doubt and far above speculation.

1. FACT – Obama has never provided admissable auditible citizenship documentation to anybody. No complete birth certificate, no passport, no selective service registration, nothing, zero, nada, zippo. Nobody can produce any of this stuff – not DNC, FEC, DOJ, State SecStates, electors – nobody.

No, actually Carlyle is doing a lot of speculation there (as are other BCOs).  Almost all of these rants are based on speculation, wild speculation far outside of what is known.  The key questions would revolve around what sorts of evidence would be admissible as evidence in a court of law in the U.S.  Very few of these anti-Obama rants ever bother to touch ground on those issues.  The birth certificate issued by the State of Hawaii, posted by the Obama campaign for months, is the legally-admissible document.  The ranters have to ignore that to get on to the rest of their complaints.

Beyond the legally-admissible, there are logical cascades of events to which we can point, which strongly suggest the ranters are truly full of sound and fury signifying nothing.

First, in order to obtain a passport, for one example, one must provide “admissible, auditable citizenship documentation” to the U.S. Department of State. We know Obama has held a passport for many years, so we can be reasonably certain he provided that information originally (Do you have a passport?  How did you get it without a birth certificate?  I got a diplomatic speedy process, and I still had to provide a birth certificate . . .).

Propagandist-and-self-promoter-for-hire Jerome Corsi claims Obama didn’t travel on a U.S. passport, claiming results from an impossible Freedom of Information Act request to the U.S. State Department.

Obama’s passport is a matter of record (though privacy laws do not allow release of the passport itself, generally).  Without evidence to the contrary, this presents a rebuttable presumption that Obama is a citizen. Does anyone else have information that the birth certificate Obama gave State was wrong?  Obviously not — the BCOs don’t appear to have been aware such a thing was even required.

Second, one of the things State checked for when I applied for a passport (when I worked in the Senate) was my Selective Service Status.  Hypothetically, they don’t want to grant a passport to someone who is not registered.  Again, under the rules of civil procedure, we have a rebuttable presumption that Obama’s draft registration was fine when he traveled as a student.  If it was fine then, absent a showing from anyone that there was a later event that made the draft registration invalid, we should assume that State did their job.  As a pragmatic matter, the draft ended in the early 1970s, so there could be almost no issue that could have caused Obama’s draft status to change.  It’s pretty clear that his draft registration is valid.

Third, Obama is a lawyer.  In order to get a license to practice law, applicants must provide a certified copy of a birth certificate to the National Conference of Bar Examiners, in order to be eligible to take the bar exam. The National Conference then does a background investigation on all candidates, generally an investigation more thorough than the FBI’s checking for most federal appointees.  In the past, the Conference has reported issues like minor drug use, preventing people from becoming lawyers in several states.  Absent a showing by someone that the National Conference granted special waivers, or a showing of other irregularities, the fact that Obama held a license to practice law presents a rebuttable presumption that his birth certificate is valid exactly as he alleges, and that his draft status is legal. Obviously, the BCOs have no information to indicate any irregularity, since they were unaware of this check.  We should assume, therefore, that Obama has a valid birth certificate and draft registration, since the Illinois Bar got a recommendation from the National Conference of Bar Examiners that Obama was morally fit to be a lawyer.

Fourth, Obama is a U.S. Senator.  As a matter of standard operating procedure, the FBI does a thorough background check on every elected Member of Congress, to certify that they are eligible for top secret clearance, since every member will be seeing national secrets.  Occasionally these checks produce questions, which are usually resolved by the Rules Committee of each house.  There is no record of any proceeding dealing with any irregularity in the background check for Sen. Obama.  This means that there is a rebuttable presumption that the FBI was satisfied with Obama’s citizenship status, as well as his patriotism and ability to keep state secrets.

Furthermore, for members of the Armed Services, Intelligence oversight, and Foreign Relations Committees, there is a more thorough background check by the FBI, since many of these members will be seeing a lot of secrets, and many of them will be talking with foreign dignitaries and visiting foreign nations, and in other ways would have opportunities to pass state secrets to non-allies and even enemies of the U.S.  The simple fact that Obama sat on the Foreign Relations Committee and was, in fact, chairman of the NATO subcommittee (which deals with secrets of many of the allies of the U.S.), creates a fourth rebuttable presumption that Obama’s citizenship status, draft status, patriotism and ability to wave the flag and sing the “Star-Spangled Banner” are above reproach.

Obviously, BCOs don’t have any information to suggest there is any problem with this tougher security clearance, and in fact appear to be wholly unaware that such an investigation had been done, or could be done.

Fifth, since the November 4 election, Sen. Obama has been getting the daily National Security briefiing that President Bush gets.  This briefing includes our nation’s most precious secrets, and cannot be done, even for the president, without the CIA and Homeland Security verifying that the man is who he says he is.

BCOs have no information to overcome the several rebuttable presumptions that Obama’s credentials are in order, evidenced by their total lack of awareness that such procedures even exist.

So, in five ways, we have assurances that Obama is wholly legal and qualified to hold the office of the presidency.  Neither TD’s commenter Carlyle nor any other BCO has any basis to question these federal and state agencies, nor have they suggested any irregularity in any one of these processes which would lead to the irrational conclusion that Obama is not a natural-born U.S. citizen, or not eligible to be president.

Sixth, Obama posted his birth certificate in June, on-line [archived version here]. Are these people Google impaired?

2. FACT – Against numerous attempts by journalists and courts to ask for such information, Obama has uniformaly resisted. One might even say beligerently so.

One might say that, but one would be prevaricating, belligerently.  As noted above, Obama’s birth certificate is available on-line.  So much for resistance.   So far as we know, every reporter who asked was able to view the actual certificate with it’s stamp of authority from the State of Hawaii.  Such analyses have been done, written about, and posted on-line.  Are they Google AND Yahoo impaired?

Do the BCOs have any serious evidence of any problems that the U.S. State Department, the FBI, the National Conference of Bar Examiners, the State Bar of Illinois, the FBI again, the Rules Committee of the U.S. Senate, the CIA and the U.S. Department of Homeland Security missed?  What is their evidence?

We challenge them to be specific.  If they are claiming something like an aged grandmother’s testimony that Obama was born in Kenya, they should have the good sense not to waste the court’s time about such folderol unless unless have a sworn affidavit from the woman, taken down by a court reporter, and corroborating evidence (Corsi did not even bother to get statements, let alone sworn statements under oath, I understand — he’s asking a Supreme Court hearing for inadmissible hearsay).

And Joseph Farah, here’s my challenge to you:  Provide corroboration for your charges, provide affidavits where they would be required, provide evidence of error on the parts of these federal and state agencies, or shut up about it. Even scandal-sheet journalists have some responsibility to at least try to look like they care about accuracy.  Farah owes it to his readers to get things right.  He’s not living up to the duty he owes.

What do they have?

Why must we entertain cargo cultists in their dances?  We have two wars and a crashing economy to fix.  Can we get on with the transition, please?

Barack Obamas birth certificate, showing the states stamp of authenticity, from FactCheck.org

Barack Obama's birth certificate, showing the state's stamp of authenticity, from FactCheck.org

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Faith and Freedom speaker series: Barbara Forrest at SMU, November 11

November 10, 2008

Update:  Teachers may sign up to get CEU credits for this event.  Check in at the sign-in desk before the event — certificates will be mailed from SMU later.

It will be one more meeting of scientists that Texas State Board of Education Chairman Dr. Don McLeroy will miss, though he should be there, were he diligent about his public duties.

Dr. Barbara Forrest, one of the world’s foremost experts on “intelligent design” and other creationist attempts to undermine the teaching of evolution, will speak in the Faith and Freedom Speaker Series at Southern Methodist University (SMU) in Dallas.   Her evening presentation will serve as a warning to Texas: “Why Texans Shouldn’t Let Creationists Mess with Science Education.”

Dr. Forrest’s presentation is at 6:00 p.m., in the Hughes-Trigg Student Center in the Hughes-Trigg Theatre, at SMU’s Campus. The Faith and Freedom Speaker Series is sponsored by the Texas Freedom Network’s (TFN) education fund.  Joining TFN are SMU’s Annette Caldwell Simmons School of Education and Human Development, Center for Teaching Excellence, Department of Anthropology, Department of Biological Sciences, and Department of Philosophy.

Hughes-Trigg is at 3140 Dyer Street, on SMU’s campus (maps and directions available here).

Seating is limited for the lecture; TFN urges reservations be made here.

Dr. Forrest being interviewed by PBSs NOVA crew, in 2007.  Southeastern Louisiana University photo.

Dr. Forrest being interviewed by PBS's NOVA crew, in 2007. Southeastern Louisiana University photo.

From TFN:

Dr. Barbara Forrest
is Professor of Philosophy at Southeastern Louisiana University. She is the co-author with Paul R. Gross of Creationism’s Trojan Horse: The Wedge of Intelligent Design (2004; 2007), which details the political and religious aims of the intelligent design creationist movement.  She served as an expert witness in the first legal case involving intelligent design, Kitzmiller et al. v. Dover Area School District. She is a member of the Board of Directors for the National Center for Science Education and Americans United for Separation of Church and State. Widely recognized as a leading expert on intelligent design, she has appeared on Larry King Live, ABC’s Nightline, and numerous other television and radio programs.

Also see:


Hoaxers promise to slam Obama to the end

November 2, 2008

The Economist, that august, conservative British publication about economics, endorsed Barack Obama for president. (I added highlights, below):

IT IS impossible to forecast how important any presidency will be. Back in 2000 America stood tall as the undisputed superpower, at peace with a generally admiring world. The main argument was over what to do with the federal government’s huge budget surplus. Nobody foresaw the seismic events of the next eight years. When Americans go to the polls next week the mood will be very different. The United States is unhappy, divided and foundering both at home and abroad. Its self-belief and values are under attack.

For all the shortcomings of the campaign, both John McCain and Barack Obama offer hope of national redemption. Now America has to choose between them. The Economist does not have a vote, but if it did, it would cast it for Mr Obama. We do so wholeheartedly: the Democratic candidate has clearly shown that he offers the better chance of restoring America’s self-confidence. But we acknowledge it is a gamble. Given Mr Obama’s inexperience, the lack of clarity about some of his beliefs and the prospect of a stridently Democratic Congress, voting for him is a risk. Yet it is one America should take, given the steep road ahead.

We face tough issues, and tough times.  The world’s economy is in a fix, America is involved in two protracted wars, our reputation internationally is at a low ebb for the past 125 years, and too many of America’s institutions just are not working.

Serious issues won’t stop the hoaxsters from trying to hoax Americans about Barack Obama right up to election day, and probably beyond.

For example, there’s a guy named Mitchell Langbert, who insists that there remains an issue about Barack Obama’s birth certificate.  He goes so far as to claim that Obama might be committing fraud merely by running for office, and then he stretches a biased assessment of U.S. election law to say Obama’s running is a violation of voters’ rights.  The birth certificate hoaxers roll on despite their nuisance lawsuits being dismissed solidly in at least two jurisdictions, and despite the complete lack of any cogent or coherent case that there is a problem with Obama’s citizenship.

Consider this:  Obama’s birth was recorded by the State of Hawaii, in Hawaii, in 1961.  As many newspapers did at the time, the Honolulu Advertiser listed births in the state, and it listed Barack Obama’s birth there.  This issue would have been checked again on at least three occasions.  First, when he applied for his own passport, the U.S. State Department would have required a showing of a birth certificate.  Second, when he applied for a law license, he had to make such a showing to the National Conference of Bar Examiners (as we all did); I haven’t checked, but Illinois may have required a separate confirmation.  And third, when he was elected to the U.S. Senate, the FBI would have checked the issue in their routine checkings of senators for top secret clearances (Obama is a member of the Foreign Relations Committee, where secret information is often passed to senators).

Finally, it is the duty of the state secretary of state (SOS) to verify that candidates are eligible for listing on the ballots.  I suspect most SOS offices take a certification from the candidate without much checking; however, what this means is that the SOS is the person who would have authority to challenge for citizenship.  Knowing that they have no case, none of the birth certificate hoaxers, not Langbert or Texas Darlin’, nor anyone else, has bothered to ask their SOS to check things out.

Other hoaxers are worse, creating whole cloth fictions, just for the sake of malice.  (See here, too, for a solid example of just plain malice in hoaxing.)

Remember the 7 Signs of Bogus History?  (You’ll find a link just under the masthead here.)  The first is that the work is conducted by press release, and not in the archives, or in serious searches for the facts.  Each of these anti-Obama hoaxes originates either with a press release or a blog post.  Not one has withstood scrutiny of any court, nor of any editor at any serious mass media outlet who seriously worries about libel, slander, or otherwise getting the facts straight.  That’s a serious indictment.

Gone are the days when one needed a printing press at least to make one’s views known broadly.  Web tools, like the blogging software and servers used by this blog, allow any fool (as I may well be) to throw his hat, brain too often included, into the public arena as a pundit.

The Economist conclude in their endorsement editorial:

He has earned it

So Mr Obama in that respect is a gamble. But the same goes for Mr McCain on at least as many counts, not least the possibility of President Palin. And this cannot be another election where the choice is based merely on fear. In terms of painting a brighter future for America and the world, Mr Obama has produced the more compelling and detailed portrait. He has campaigned with more style, intelligence and discipline than his opponent. Whether he can fulfil his immense potential remains to be seen. But Mr Obama deserves the presidency.

*  *  *  *  *  *  *  *

Update, November 2, 2008: Langbert appears to be censoring comments at his blog, as well – none of my responses other than my first post have been allowed to get through his personal filtering.  This is a pattern we’ve seen in many of the hoax blogs that complain about Obama, and the McCain sympathizer blogs that pose as disgruntled Democrat blogs.  Any post that offers serious criticism is dangerous to their posing as informed seekers of the truth — so posts that contain real information rebutting their claims are not allowed through their “moderation,” or are edited to say inane things.

For Obama voters, this confirms their fears that a McCain administration would probably continue the Bush administration’s suppression of views and filtering of helpful criticism.  Also, it means bloggers like Langbert are bullies who can’t take the hurly-burly of serious discussion.


Federal judge dismissed the challenge to Obama’s birth certificate

October 26, 2008

As expected, a federal judge in Philadelphia late Friday dismissed a challenge to the campaign of Barack Obama to produce yet another copy of his birth certificate. District Judge R. Barclay Surrick ruled that the plaintiff, screwball attorney Philip J. Berg, lacked standing to sue.

Appearing to take his inspiration from the Monty Python character, the Black Knight, Berg promised to appeal the decision to the Supreme Court of the U.S.

Among reputable media, only the Philadelphia Daily News took note of the dismissal early on:

Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24.

They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

In a 34-page memorandum and opinion, the judge said Berg’s allegations of harm were “too vague and too attenuated” to confer standing on him or any other voters.

Surrick ruled that Berg’s attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were “frivolous and not worthy of discussion.”

The judge also said the harm Berg alleged did “not constitute an injury in fact” and Berg’s arguments to the contrary “ventured into the unreasonable.”

For example, Berg had claimed that Obama’s nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)

Berg could not be reached for comment last night.

Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.

Berg said in court papers that the image was a forgery.

The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.

Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama’s birth there on Aug. 4.

Dozens of bloggers bought new rolls of aluminum foil to make protective hats, and questioned the dismissal, or jumped to other equally unwarranted conclusions. Near total insanity.

Resources:

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Update, 10-27-2008:  Here’s an example of how lunatic this issue is, and how bizarre are the arguments.  This blog argues that Judge Surrick had the decision dictated to him from someone else in the Obama camp — the same lunatic argument creationists made against the decision of Judge Jones in the Dover, Pennsylvania, “intelligent design” trial.  Could it be that all lunatics are creationists?  Or is it just that lunatics all stumble into the same lunatic arguments?


John McCain: Constitution, yes or no?

August 9, 2008

In Denver, Colorado, John McCain has an opportunity to stand up and defend the First Amendment and the rest of the Constitution. All he needs to do is issue a statement that he disagrees with the prosecution of the peaceful woman — he could do even more asking the prosecutor to drop the charges.

Ed Brayton describes the case at Dispatches From the Culture Wars.

The silence from McCain: Will it grow deafening?

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