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Unexpected turn in eligibility case: 'Put it on record!'
'This judge can't get out; if he screws around, he's violating law'
WND
Drew Zahn
6/30/2012
Excerpt:
"The attorney in a publicized challenge to Barack Obama’s eligibility to be president told WND the Florida case took an unexpected turn in court yesterday, one he says “pulled the rug out” from Obama’s lawyers and should force a quick answer from the judge.
Attorney Larry Klayman told WND he had expected an “uneventful” hearing in the ongoing case, which returned before Judge Terry Lewis yesterday, but instead found a legal tangle that he believes means Lewis will “have to make a decision, have to put it on record.”
Klayman originally filed the challenge to Obama’s eligibility for the ballot on behalf of Michael Voeltz, who identifies himself as “a registered member of the Democratic Party, voter and taxpayer in Broward County.”
As WND reported, however, attorneys representing Obama at the case’s main hearing, which was livestreamed by WND, argued that the Florida presidential preference primary, which listed Obama as the only Democrat nominee, didn’t make him the party’s nominee for president. They urged Lewis to decide that Obama is not yet the Democratic nominee for president and therefore ignore evidence challenging his eligibility.
But Klayman told WND yesterday that Florida law is unique in that it gives the average voter “much greater freedom to challenge eligibility and fraud than most other states.”
Florida law permits filing for “declaratory relief” at any time, Klayman said, a move that would force a judge to rule on the facts of the case even before a decision on whether to compel some legal action. In other words, in the Voeltz case, instead of waiting until the nominating convention – which Klayman called a “shell game” Obama attorneys are playing to put off the issue –Lewis would be pushed to make a declaration on Obama’s eligibility “whether nominated or not.”
“Lewis would have to reach a decision; he would have to put it on record,” Klayman said. “By amending for declaratory relief, we’re pulling the rug right out from Obama and the Florida secretary of state.”
Klayman told WND Obama’s lawyers immediately went into a tailspin and filed to have the amendment for declaratory relief stricken, which the judge granted, arguing he wanted to wait to issue a formal decision in the case.
But Klayman said his team is willing to file a stand-alone complaint for declaratory relief with Lewis as soon as next week and “pull the rug out from under him, too.”
“This judge can’t get out from under his legal requirement,” Klayman said. “If he screws around, he’s violating law.”
In hundreds of cases filed challenging Obama’s eligibility, the full range of questions – from Obama’s birth records, charged by some as fraudulent, to the Constitution’s meaning of “natural born citizen” – have never been ruled upon, dismissed typically on questions of who has “standing” to bring the challenge.
Klayman, however, told WND, “It doesn’t matter how Lewis rules, the losing side will appeal, and this case is going up, maybe all the way to the Supreme Court.”
Still, he said, “I want Lewis to address the issue of eligibility and create a record, so we can take it up before the election. I’m still confident, hopeful that will happen.”
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View the complete article at:
http://www.wnd.com/2012/06/unexpecte...-it-on-record/
'This judge can't get out; if he screws around, he's violating law'
WND
Drew Zahn
6/30/2012
Excerpt:
"The attorney in a publicized challenge to Barack Obama’s eligibility to be president told WND the Florida case took an unexpected turn in court yesterday, one he says “pulled the rug out” from Obama’s lawyers and should force a quick answer from the judge.
Attorney Larry Klayman told WND he had expected an “uneventful” hearing in the ongoing case, which returned before Judge Terry Lewis yesterday, but instead found a legal tangle that he believes means Lewis will “have to make a decision, have to put it on record.”
Klayman originally filed the challenge to Obama’s eligibility for the ballot on behalf of Michael Voeltz, who identifies himself as “a registered member of the Democratic Party, voter and taxpayer in Broward County.”
As WND reported, however, attorneys representing Obama at the case’s main hearing, which was livestreamed by WND, argued that the Florida presidential preference primary, which listed Obama as the only Democrat nominee, didn’t make him the party’s nominee for president. They urged Lewis to decide that Obama is not yet the Democratic nominee for president and therefore ignore evidence challenging his eligibility.
But Klayman told WND yesterday that Florida law is unique in that it gives the average voter “much greater freedom to challenge eligibility and fraud than most other states.”
Florida law permits filing for “declaratory relief” at any time, Klayman said, a move that would force a judge to rule on the facts of the case even before a decision on whether to compel some legal action. In other words, in the Voeltz case, instead of waiting until the nominating convention – which Klayman called a “shell game” Obama attorneys are playing to put off the issue –Lewis would be pushed to make a declaration on Obama’s eligibility “whether nominated or not.”
“Lewis would have to reach a decision; he would have to put it on record,” Klayman said. “By amending for declaratory relief, we’re pulling the rug right out from Obama and the Florida secretary of state.”
Klayman told WND Obama’s lawyers immediately went into a tailspin and filed to have the amendment for declaratory relief stricken, which the judge granted, arguing he wanted to wait to issue a formal decision in the case.
But Klayman said his team is willing to file a stand-alone complaint for declaratory relief with Lewis as soon as next week and “pull the rug out from under him, too.”
“This judge can’t get out from under his legal requirement,” Klayman said. “If he screws around, he’s violating law.”
In hundreds of cases filed challenging Obama’s eligibility, the full range of questions – from Obama’s birth records, charged by some as fraudulent, to the Constitution’s meaning of “natural born citizen” – have never been ruled upon, dismissed typically on questions of who has “standing” to bring the challenge.
Klayman, however, told WND, “It doesn’t matter how Lewis rules, the losing side will appeal, and this case is going up, maybe all the way to the Supreme Court.”
Still, he said, “I want Lewis to address the issue of eligibility and create a record, so we can take it up before the election. I’m still confident, hopeful that will happen.”
...............................
View the complete article at:
http://www.wnd.com/2012/06/unexpecte...-it-on-record/