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**bsteadman** · 12-22-2012, 03:59 PM

Eligibility judge quotes famous Santa case

Cites paraphrased decision in 'Miracle on 34th Street' in Florida Democrat's challenge

WND
Bob Unruh
12/21/2012

Excerpt:

A real-life Florida judge has paraphrased a statement from the fictional Judge Henry X. Harper in “Miracle on 34th Street” to justify his sudden decision to dismiss a challenge under state law to Barack Obama’s eligibility to occupy the Oval Office.

The ruling from Kevin Carroll of the Florida circuit court for Leon County dismissed the case brought on behalf of Democratic voter Michael C. Voeltz, who raised the issue of Obama’s qualifications under a state law that allows voters to challenge candidates’ eligibility.

Carroll, who had given the plaintiffs until Dec. 23 to respond to Obama’s motion to dismiss the case, changed his mind and abruptly Thursday ordered the case dismissed.

He explained that the fact the government says Obama is qualified to be president is more than enough for him.

“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world,” Carroll wrote.

“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”

It was the second time in eligibility cases that a judge appears to have abandoned legal fundamentals and simply ruled for Obama on no particular basis.

Several years ago it was Judge James Robertson in Washington who dismissed a case because, he wrote, “The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year campaign for the presidency.”

Carroll’s ruling also did not address the fact that in the movie, the judge was determining that a resident of a nursing home hired to play Santa Claus at a Macy’s store was, in fact, Santa Claus. His ‘proof” was a pile of mail addressed to Santa Claus that the post office delivered to him, confirming his identity.

Attorney Larry Klayman, representing Voeltz in the case, immediately responded with a motion for rehearing, contending that the judge “prematurely and precipitously” dismissed the complaint without a hearing as outlined under state law.

“This act also flies in the face of this court’s own order of Dec. 13, 2012, which was law of the case,” noted Klayman, founder of FreedomWatchUSA.

“This court had a statutory duty under the Florida Election laws, the Florida and U.S. Constitutions, and 3 U.S.C. Section 5, to adjudicate defendant Obama’s eligibility and his alleged fraudulent acts expeditiously, timely, and before the electors met on Dec. 17, 2012, and before the Electoral College votes on Jan. 6, 2013, Klayman explained. “Thus, this court also violated these law is dismissing the complaint summarily.”

Klayman suggested to the court its order “at a minimum creates an appearance that it simply jettisoned this case not only on the extrajudicial and non-legal premise that President Obama was president during the prior four year term, and has already performed many ‘presidential’ acts but also because this court did not want to be ‘inconvenienced’ by holding an evidentiary hearing.”

Klayman also questioned Carroll’s “off-the-cuff” remarks about a friend being appointed to a federal post by Obama as inappropriate.

He said the remarks about fictional judge Henry X. Harper in “Miracle on 34th St.” also were “inappropriate” and showed “a mindset simply to rid the court of this case.”

“This court seems to want to sidestep having to reach these serious and important matters before it,” Klayman said.

Klayman is seeking a rehearing and an evidentiary hearing in the dispute. He’s also seeking a temporary restraining order to halt the delivery of the Florida electoral votes to Obama until the court case is resolved.
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View the complete article at:

http://mobile.wnd.com/2012/12/eligib...VQZvv3QWIYi.99

**bsteadman** · 12-22-2012, 05:41 PM

Free Republic is running a thread titled, 'Eligibility judge quotes famous Santa case', which was started 12/21/2012 by 'wesagain'

The thread references the 12/21/2012 WND article written by Bob Unruh - http://www.wnd.com/2012/12/eligibili...us-santa-case/

View the complete Free Republic thread at:

http://www.freerepublic.com/focus/f-news/2971269/posts

The following is COMMENT #17, by 'butterdezillion' in the thread:

This ruling is so utterly stupid it makes me wonder if it is a red flag by a judge who was given an offer he couldn’t refuse but doesn’t like it one bit. You know, like Judge Carter, Judge Malihi, the judge in Berg’s case, Robertson...

Ironic that this judge seems to be saying that Obama is eligible just like the guy hired to pretend he’s Santa really is Santa. Yep, Obama’s eligibility is just as real as a pretend Santa.

The following is COMMENT #21, by 'Seizethecarp' in the thread:

At least the appeal will come that much sooner! Although I expect even more tortuous legal reasoning denying discovery and hearing on the merits in the end. It is good for the historical record to make the judiciary squirm and battle their remaining personal scruples, if they have any, even if the fix is in at the end of the day.

Barry’s campaign has access to hundreds of millions of dollars which can buy a lot of legal and extra-legal help from unscrupulous parties.

The fact remains that his policies are crippling the US and world economy and several hot-spots around the world are about to blow, so it is not unreasonable to expect that he will eventually be blamed for failures big-time in the near future. He can’t blame Bush. He will be weakened at that time and may become vulnerable.

It was only two months ago that his own “loyalists” were calling him stupid and a loser after the first debate. They are a bunch of jackals when they don’t get their goodies and have no loyalty. We need some back-stabbing Dems to take him down, is what I am saying! It could happen.

Either these judges think we’re idiots, they’re all idiots, or they are trying to signal to us that they are acting under duress by saying such patently abusrd things while violating everything our judicial system is supposed to stand for.

**bsteadman** · 12-25-2012, 11:14 PM

Florida Judge Goes Against Own Order: Quotes Christmas Movie In Ruling Obama Eligible

Birther Report
12/24/2012

Excerpt:

Florida Judge Quotes Christmas Movie In Ruling Obama Eligible
By Dave Jolly @ Political Outcast

Florida Democrat Michael Voeltz had filed a lawsuit against Barack Obama’s eligibility to serve as President of the United States and claimed that he was a threat to the safety and security of the United States. Larry Klayman, founder of Freedom WatchUSA served as Voeltz’s attorney on the case.

On Dec. 13, Florida Circuit Court of Leon County Judge Kevin Carroll gave the plaintiffs until Dec. 23 to respond to Obama’s attorneys’ motion to dismiss the case. However, Judge Carroll went against his own order and dismissed the case on the 21st. In his dismissal, Carroll wrote:

“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world.”

“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”

Carroll’s dismissal was immediately challenged by Klayman claiming that the judge prematurely dismissed the case without a proper hearing as described by state law. Klayman explained:

CONTINUED HERE: http://politicaloutcast.com/2012/12/...obama-eligible

View the complete Birther Report presentation at:

http://obamareleaseyourrecords.blogs...ma-ruling.html

**bsteadman** · 12-29-2012, 01:28 PM

Obama attorneys endorse judge's 'Santa' ruling

'Court has no power to conduct hearing'

WND
12/28/2012

Attorneys for Barack Obama have endorsed a Florida judge’s ruling that cited the “Santa” decision from the fictional movie “Miracle on 34th Street.”

The actual dispute pending in court is over a challenge to Obama’s eligibility to be president and the plaintiff, Michael C. Voeltz, is a Democrat from Florida who demanding an evidentiary hearing which is allowed under state law.

Obama’s attorney, Florida Bar member Mark Herron, submitted a “response” to the hearing petition that the judge’s original decision to dismiss the case had been correct.

That decision, from Kevin Carroll of the Florida circuit court for Leon County, dismissed the Voeltz case even though he had raised the issue of Obama’s qualifications under a state law that allows voters to challenge candidates’ eligibility.

Carroll, who had given the plaintiffs until Dec. 23 to respond to Obama’s motion to dismiss the case, changed his mind and abruptly ordered the case dismissed several days before the deadline.

He explained that the fact the government says Obama is qualified to be president is more than enough for him.

“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world,” Carroll wrote.

“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”

It was the second time in eligibility cases that a judge appears to have abandoned legal fundamentals and simply ruled for Obama on no particular basis.

Several years ago it was Judge James Robertson in Washington who dismissed a case because, he wrote, “The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year campaign for the presidency.”

It was this reasoning with which Herron agreed.

But attorney Larry Klayman, founder of FreedomWatchUSA, and counsel for Voeltz in the Florida case, submitted an emergency motion to expedite the decision concerning the appeal as well as a reply in support of expedited motion for rehearing.

He told WND he is pulling out all the stops in an effort to obtain the evidentiary hearing that is supposed to be held when candidates’ qualifications are challenged.

He said the dispute “is an election issue and it needed to be fully appealed and the issues needed to be decided in time for both the general election and/or post election, since Florida electors were to vote on Dec. 17, 2012, and the Electoral College will be casting their votes on Jan. 6, 2013.”

But he said the lower court has refused his requests to move the case quickly, such as advancing directly to the state Supreme Court.

Citing the 2000 ruling that resolved a disputed election in favor of George W. Bush, the Gore v. Harris case, he wrote, “Election law is clear that election challenges must be litigated by Florida courts on an expedited basis to avoid vote nullification.

“Plaintiff respectfully requests that this court rehear its Order Dismissing Complaint of Dec. 20, 2012, and immediately set down a hearing not only to hear argument with regard to this court’s jurisdiction, but also an evidentiary hearing which is required to properly and fully adjudicate Plaintiff’s Motion for Temporary Injunction,” he wrote.
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View the complete article at:

http://www.wnd.com/2012/12/obama-att...-santa-ruling/

**bsteadman** · 12-29-2012, 05:37 PM

Mike Voeltz’s civil rights were violated! Santa Clause indeed, get this guy off the bench (Ref: FL Obama Election Challenge)

Obama State Ballot Challenge
GeorgeM
12/28/2012

Excerpt:

—–Original Message—–
From: (redacted by request)

To: ‘George Miller’; ‘Pamela Barnett’
Sent: Fri, Dec 28, 2012 10:53 pm
Subject: Time for a Title 42 action against FLA judge

Mike Voeltz’s civil rights were violated! Santa Clause indeed, get this guy off the bench.

42 USC § 1983 – Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

View the complete post at:

http://obamaballotchallenge.com/mike...tion-challenge

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Update: Florida Judge Dismissed With Prejudice, Voeltz V. Obama Electoral Challenge

Update: Florida Judge Dismissed With Prejudice, Voeltz V. Obama Electoral Challenge

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