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What Happened At Obama’s Eligibility Hearing?-Part 2
The Western Center for Journalism
Alan P. Halbert
6/23/2012
Excerpt:
"During the hearing Monday in front of Judge Terry Lewis, the defense argued their motion to dismiss. Mark Herron for Obama stated that since he ran unopposed that he was not in “fact” nominated and would not be Florida’s nominee until the Democratic national convention in September.
It was ironic however, that he cited Florida statute 101.252. This statute was discussed in part one; since Obama ran unopposed, this statue automatically “declares” him nominated for the Democratic executive committee for the state of Florida. The delegates are now pledged to support Obama by this action per statute 103.101 at their national convention. This left me to wonder how he could be “nominated” though not nominated until September; the legal conundrum left me reeling that such a contradiction in logic could happen. With all the other fortuitous circumstances that have happened to and for Obama, we can only wait and see how this one will play out. What he attempted to do was focus and steer the court to a narrow issue and decide the case based upon the right of a political party and not the people of the state of Florida to elect candidates.
We are used to these types of paradigms with Obama, with his propensity to disenfranchise any group and people that stand between him and his political goals, so this was just more of the same.
He then went on to discuss that if in fact any dispute in Obama’s eligibility were to arise, it is the responsibility of Congress when the Electors are called to Washington D.C. to cast their votes for President in the Electoral College. However, the question at issue in front of Judge Lewis is a matter of Florida law, and Obama’s attorney is only stalling until after the election; to quote Larry Klayman, they are “trying to kick the can the down the road,” which would make this matter moot after the general election in November.
These same tactics were used successfully in 2008 before and after the election on all the actions that have questioned the eligibility of Obama to hold office since then.
Mr. Herron then went on to cite Florida statute 102.168 with Ambler v. Norman, a case that was heard in Leon County and was reversed on appeal. This is an important case to the question at issue in this matter since it involved a question of a candidate’s eligibility. The appellate decision came down to what the legislature’s intent was in the language of this statute (more on this case later when the plaintiff is heard from.)
Mr. Daniel Nordy came next as attorney for Florida’s Secretary of State; he re-iterated much of what Mr. Herron presented. However, his position is that the political parties “nominate” the candidates. His position was quite strange since he intimated that these parties controlled the nomination and placement of a candidate’s name upon any ballots in Florida. Judge Lewis was not buying it. Mr. Nordy produced the letter and read it to the court, and indeed, they stated he was their one and only candidate.
His position seems to disenfranchise the people of Florida since the “law” was drafted to make sure of complete disclosure of any candidate’s party affiliation or political benefactors when it comes to financial support for costly political campaigns. He certainly cannot mean that these same political parties (private entities) control all aspects of the ballot. If this was the case, why does the “law” require notification to the nominated “candidate” by certified mail from the Secretary of State and the qualification documentation being expressly executed by the candidate himself?
One question that seems to stick out like a sore thumb, and one that Mr. Herron or Nordy have failed to answer, is what enjoins the delegates to the national convention in September? The purpose of the “presidential preference primary” is to enjoin delegates in this case to the Democratic Party’s candidate who would prevail at the primary election.
The argument that they make is missing this crucial piece of information. Their argument is simply put that there has not been an “election”; therefore, Obama has not been “nominated.” This places the “law” at issue and leaves a question to answer that they stay silent on. Florida statute 103.101 in sections 1, 4, 5, and 6 speaks about “binding” the political party’s delegates to the national convention so that the people’s voice can be heard as they voted. If, as they say, no election transpired, how are these delegates bound to proffer the voice of Florida’s citizens? Party hacks will do as they choose if not bound? Clearly, this was “not” the intention of Florida’s legislature when they drafted and made into law statute 103.101, and that is where Obama’s argument fails!
If in fact this is the case, the legislature needs to address this deficiency in current law and “expressly” declare that a given candidate if he ran unopposed is given the pledge of the delegates at the national or nominating convention; to do otherwise would nullify and disenfranchise the people of Florida. Florida statute 101.252 already does this, so any further legislation would only further clarify this issue!"
..........................................
View the complete article at:
http://www.westernjournalism.com/wha...earing-part-2/
The Western Center for Journalism
Alan P. Halbert
6/23/2012
Excerpt:
"During the hearing Monday in front of Judge Terry Lewis, the defense argued their motion to dismiss. Mark Herron for Obama stated that since he ran unopposed that he was not in “fact” nominated and would not be Florida’s nominee until the Democratic national convention in September.
It was ironic however, that he cited Florida statute 101.252. This statute was discussed in part one; since Obama ran unopposed, this statue automatically “declares” him nominated for the Democratic executive committee for the state of Florida. The delegates are now pledged to support Obama by this action per statute 103.101 at their national convention. This left me to wonder how he could be “nominated” though not nominated until September; the legal conundrum left me reeling that such a contradiction in logic could happen. With all the other fortuitous circumstances that have happened to and for Obama, we can only wait and see how this one will play out. What he attempted to do was focus and steer the court to a narrow issue and decide the case based upon the right of a political party and not the people of the state of Florida to elect candidates.
We are used to these types of paradigms with Obama, with his propensity to disenfranchise any group and people that stand between him and his political goals, so this was just more of the same.
He then went on to discuss that if in fact any dispute in Obama’s eligibility were to arise, it is the responsibility of Congress when the Electors are called to Washington D.C. to cast their votes for President in the Electoral College. However, the question at issue in front of Judge Lewis is a matter of Florida law, and Obama’s attorney is only stalling until after the election; to quote Larry Klayman, they are “trying to kick the can the down the road,” which would make this matter moot after the general election in November.
These same tactics were used successfully in 2008 before and after the election on all the actions that have questioned the eligibility of Obama to hold office since then.
Mr. Herron then went on to cite Florida statute 102.168 with Ambler v. Norman, a case that was heard in Leon County and was reversed on appeal. This is an important case to the question at issue in this matter since it involved a question of a candidate’s eligibility. The appellate decision came down to what the legislature’s intent was in the language of this statute (more on this case later when the plaintiff is heard from.)
Mr. Daniel Nordy came next as attorney for Florida’s Secretary of State; he re-iterated much of what Mr. Herron presented. However, his position is that the political parties “nominate” the candidates. His position was quite strange since he intimated that these parties controlled the nomination and placement of a candidate’s name upon any ballots in Florida. Judge Lewis was not buying it. Mr. Nordy produced the letter and read it to the court, and indeed, they stated he was their one and only candidate.
His position seems to disenfranchise the people of Florida since the “law” was drafted to make sure of complete disclosure of any candidate’s party affiliation or political benefactors when it comes to financial support for costly political campaigns. He certainly cannot mean that these same political parties (private entities) control all aspects of the ballot. If this was the case, why does the “law” require notification to the nominated “candidate” by certified mail from the Secretary of State and the qualification documentation being expressly executed by the candidate himself?
One question that seems to stick out like a sore thumb, and one that Mr. Herron or Nordy have failed to answer, is what enjoins the delegates to the national convention in September? The purpose of the “presidential preference primary” is to enjoin delegates in this case to the Democratic Party’s candidate who would prevail at the primary election.
The argument that they make is missing this crucial piece of information. Their argument is simply put that there has not been an “election”; therefore, Obama has not been “nominated.” This places the “law” at issue and leaves a question to answer that they stay silent on. Florida statute 103.101 in sections 1, 4, 5, and 6 speaks about “binding” the political party’s delegates to the national convention so that the people’s voice can be heard as they voted. If, as they say, no election transpired, how are these delegates bound to proffer the voice of Florida’s citizens? Party hacks will do as they choose if not bound? Clearly, this was “not” the intention of Florida’s legislature when they drafted and made into law statute 103.101, and that is where Obama’s argument fails!
If in fact this is the case, the legislature needs to address this deficiency in current law and “expressly” declare that a given candidate if he ran unopposed is given the pledge of the delegates at the national or nominating convention; to do otherwise would nullify and disenfranchise the people of Florida. Florida statute 101.252 already does this, so any further legislation would only further clarify this issue!"
..........................................
View the complete article at:
http://www.westernjournalism.com/wha...earing-part-2/