Challenging Obama’s eligibility – What now?
By Linda Bentley | December 24, 2008
Florida Supreme Court dismisses petition for writ of mandamus without prejudice
TALLAHASSEE, FLA. – The 21st court challenge to President-elect Barack Hussein Obama’s eligibility was filed in Florida earlier this month by W. Spencer Connerat, III against Florida Secretary of State Kurt S. Browning as a petition for extraordinary emergency writ of mandamus and stay of presidential election to be held in the Florida Senate Chambers on Dec. 15.
Connerat also filed a motion for an immediate hearing.
However, on Friday, Dec. 19, the Florida Supreme Court dismissed his petition, stating, “Petitioner’s petition for a writ of mandamus is hereby dismissed without prejudice because the petition does not set forth a clear legal right. Petitioner’s motion for immediate hearing is denied as moot.”
What all these lawsuits have raised so far is the question as to exactly who is responsible for ensuring candidates are eligible to appear on the ballot.
And, so far, no one will own up to that responsibility.
The Democratic National Committee claimed, in one of its reply briefs, as a private organization, it has no authority to dictate to the states, which would appear to mean no secretary of state may legally rely on the DNC to properly vet presidential candidates before certifying them for the ballot or before certifying the electors to vote for a “qualified” candidate.
In fact, the DNC admits it has no authority to assume any type of “state action.”
Every single secretary of state that has been challenged so far has declined to take responsibility for candidates they have “certified” as eligible, admitting they have done nothing themselves to determine eligibility.
Five secretaries of state “certified” Roger Calero to appear on the ballot as the Socialist Workers Party presidential candidate, even though, as a Nicaraguan national, he would clearly be ineligible.
On Dec. 17, “Phil” posted a comment on www.therightsideoflife.com saying he had sent an e-mail to Rep. John Linder, R-Ga., through an online submission form, asking Linder for his views on President-elect Barack Hussein Obama’s eligibility for the presidency. He posted the following “key paragraphs” from Linder’s response:
“This story has been percolating in the media for a number of months. Unfortunately, unless Senator Obama produces the documen-tation on his own, at this time, there is no way to verify if he is in fact a natural born citizen of the United States.
“On January 8, 2009, both the U.S. Senate and House shall meet for the purpose of counting and certifying the electoral votes. After the vote has been counted, the President of the Senate shall call for objections. It is at this time that federal officials in both the House and Senate may object to the certification of President-elect Obama by alleging that he fails to meet the constitutional requirements to serve as President of the United States. Please be assured that I will continue to monitor this issue very carefully, and I will act when appropriate and necessary.”
After reading Linder’s response, some interpreted that to mean Linder plans to object.
Former Congressman J.D. Hayworth, a KFYI radio talk show host contacted Linder, a friend of his, who denied that he plans to object.
Phil responded to Linder’s reply asking if he could further elaborate on what his threshold would be to make a move to object. However, he has yet to receive a response.
Meanwhile, Pennsylvania Attorney Philip Berg’s case is next to come out of the hopper for conference of the U.S. Supreme Court justices on Jan. 9, the day after Congress counts the electoral votes.
Berg previously told World Net Daily (www.wnd.com) he wants Obama to quickly prove him wrong or the court to quickly prove him right and stated, “We’re dealing with the U.S. Constitution and it must be followed.”
When Sonoran News spoke to Berg, a Democrat, he said the main reason he filed his complaint was because the Constitution is the most important document we have and it must be enforced.
The issue will now be in the hands of Congress on Jan. 8. If no objections are raised, it will be in the hands of the U.S. Supreme Court on Jan. 9.
Photo: Rep. John Linder, R-Ga. Responding to an e-mail about President-elect Barack Hussein Obama’s eligibility, Rep. John Linder, R-Ga., explained, on Jan. 8, 2009, after Congress counts the electoral votes, the president of the Senate calls for objections, which is when officials may object to the certification by alleging Obama fails to meet the constitutional requirements.