Showing posts with label Bob Unruh. Show all posts
Showing posts with label Bob Unruh. Show all posts

Friday, April 13, 2012

Alarms over Obama coup against Constitution surging

'2nd term free of electoral restraints may be a frightening prospect'

obama-worried

There always have been those few who have launched diatribes over the dictatorial actions of any given U.S. presidential administration, over civil rights, foreign affairs, the economy, the draft or a dozen other topics – even though the Constitution was written specifically to prevent the collection of too much power by one branch of government.

Now, again, there are words like “egocentric megalomaniac” being ascribed to the White House, and warnings about detention camps and government surveillance of its citizens.

But where previous generations of warnings emanated from lone wolves with their fax machines in dusty spare rooms, the current alarms are being issued by the likes of Investors Business Daily, First Amendment authority Nat Hentoff, New York Times best-selling author Robert Ringer and their equals.

“A second term free of electoral restraints [for Obama] may be a frightening prospect,” IBD wrote in a commentary in the last week. “This is, after all, a president who has said he can’t wait for Congress to act and will govern by executive order and regulations if necessary. He has questioned the Supreme Court’s ‘unprecedented’ review of Obamacare.”

The publication pointed out that the Obama administration already is in contempt of court – in a court dispute over its ban on oil drilling rigs in the Gulf of Mexico.

When U.S. District Judge Martin Feldman ruled that the Obama Interior Department unconstitutionally imposed an offshore drilling moratorium, the agency “simply established a second ban that was virtually identical.”

“Judge Feldman was not amused. ‘Each step the government took following the court’s imposition of a preliminary injunction showcases its defiance,’ Feldman said in his ruling. ‘Such dismissive conduct, viewed in tandem with the re-imposition of a second moratorium …. provides this court with clear and convincing evidence of its contempt,’” the editorial said.

The issue recently was brought into the headlines by comments from Judge Andrew Napolitano, a Fox News analyst who said, “I think the president is dangerously close to totalitarianism. A few months ago he was saying the Congress doesn’t count. The Congress doesn’t mean anything. I am going to rule by decree and by administrative regulation. Now he’s basically saying the Supreme Court doesn’t count. It doesn’t matter what they think. They can’t review our legislation.

“That would leave just him as the only branch of government standing,” Napolitano said.

His comments came after statements from Obama that the U.S. Supreme Court wouldn’t take the “unprecedented” action of actually overturning the Obamacare law, even though that is exactly what courts do when justices determine the legislation is unconstitutional.

“I think he [Obama] has some problems with understanding the Constitution, or accepting limitations on his power,” said Napolitano. “Look, they’re equal branches of government, but with respect to what the law means and what the Constitution means, the court is superior to the president.”

What’s really happening here? Read about your country in “Liberty and Tyranny: A Conservative Manifesto”

His comments came recently on Neil Cavuto’s program, when the discussion turned to the U.S. Supreme Court’s discussion of the unconstitutionality of Obamacare and Obama’s verbal attack on the court shortly after the oral arguments.

Here are Napolitano’s comments:

“No president in modern times has questioned [the Supreme Court's] authority. They have questioned the way the authority has been exercised,” he said. “Not their right to make the decision.

“This is an extreme view of the Supreme Court and the Constitution, one that has not been articulated since Andrew Jackson was in the White House,” he said.

Napolitano is the youngest life-tenured Superior Court judge in the history of the state of New Jersey. He tried more than 150 jury trials during his time on the bench from 1987 to 1995, including criminal, civil, equity and family cases.

For 11 years, he served as an adjunct professor of constitutional law at Seton Hall Law School, where he provided instruction in constitutional law and jurisprudence. Napolitano returned to private law practice in 1995 and began television broadcasting in the same year.

Other warnings that have been issued:

  • Erik Rush, a columnist and author of sociopolitical fare, including “Negrophilia: From Slave Block to Pedestal – America’s Racial Obsession,” wrote about the New Black Panthers, and how their “advancing Marxist agenda is being not-so-subtly choreographed from Barack Obama’s White House.”

    “Civil unrest is an Obama administration objective, since it will facilitate crises sufficient for the president to justify suspensions of civil rights. Provisions in the National Defense Authorization Act, Obama’s recent National Defense Resources Preparedness executive order, as well as others, have certainly paved the way for such action.

    “The question of a fair election in November is also something that deserves our attention. We can take it as given that voter fraud will abound at the hands of ACORN and other like-minded fringe organizations … All of this illustrates the paramount importance of continuing to beat the drum of Obama’s communism in unequivocal terms, regardless of the mincing ridicule we will draw from liberals…”

  • Ringer wrote,“I began warning about Barack Obama’s dictatorial ambitions before he even won the 2008 presidential election … Obama’s recent contention that it would be ‘unprecedented’ for the Supreme Court to overrule congressional legislation had dictatorship written all over it.

    “I will say yet again what I have been saying for more than three years: If polls indicate that Obama is going to win the upcoming election, no problem. He’ll keep flashing that fake Barry Obama grin until Nov. 7, then move swiftly to begin unleashing a dictatorial full monty – consisting of more regulations, higher taxes and less freedom – that will shock all but his staunchest Marxist allies.

    Nothing will be off limits – a national police force, instant citizenship for all Third World people … forced equalization of income (except for Obama’s wealthy supporters), widespread use of tax audits to carry out vendettas against enemies … suspension of habeas corpus … and much, much more.

    “On the other hand, two or three months before the election, if the polls clearly show that Obama is going to go down in defeat, I believe there’s better than a 50-50 chance of a major ‘emergency’ coincidentally making its appearance, convincingly manufactured in such a way as to cause the average entitlement junkie to agree that we must rally around the president and ‘postpone’ the November elections.”

  • Craige McMillan, longtime WND commentary author, said, “Why do you think Big Sis needs 20,000 drones patrolling the skies over America and NSA needs a new listening post to read and listen to every personal communication between every American citizen and archive it forever? … Step out of line and the police don’t even need a warrant to download your location data and buddy lists from your cell phone. Then they can go around and talk to your pals about your terrorist tendencies.”
  • Nat Henthoff, nationally known authority on the First Amendment,wrote about plans to begin, starting in 2013, for the government to being monitoring and databasing “any form of communication.”

    He described the new National Security Agency’s new Utah center – “more than five times larger than the U.S. Capitol” where “all forms of communication, including the complete contents of private emails, cellphone calls and Google searches, as well as all sorts of personal data trails – parking receipts, travel itineraries, bookstore purchases…” will be archived.

    “We are not yet a police state. The First Amendment is still functioning … But with the NSA burrowing ceaselessly into our once very private lives, where are the reminders of the Declaration of Independence and its indictments of King George III?”

  • Mychal Massie, the chairman of the National Leadership Network of Black Conservatives, also is on record.”Many say Barack Obama is the most divisive, egocentric megalomaniac ever to hold his office. Others say he is the most ruthless and defiantly determined Marxist-Leninist ever to become president. I say he is, by definition and actions, both.
  • Vox Day, WND columnist, wrote, “It is becoming increasingly clear that the federal government is completely and utterly out of control, spewing nonsense, issuing irrational threats and stumbling around the world stage like a belligerent drunk with an empty wallet … Americans no longer enjoy the limited government of their forefathers. They suffer from limitless government. TSA is an apt acronym. But it does not stand for the Transportation Security Administration; it stands for the Totalitarian State of America.

As a presidential candidate Obama called for a “national civilian security force” that would be as big and as well-funded as the half-trillion dollar U.S. military. And a study a short time later confirmed that there are several ways to create the suggested “Stability Police Force” so that it legally could operate inside the U.S. borders.

One of the top recommendations in the report from the Rand Corp. was that the capacity and management operations of the U.S. Marshals Service be beefed up and handed the assignment.

The study was released in 2009, only months after Obama made his presidential campaign call for a civilian force as big and as costly as the U.S. military.

In a speech in Colorado Springs, Obama said, “We cannot continue to rely only on our military in order to achieve the national security objectives we set. We’ve got have a civilian national security force that’s just as powerful, just as strong, just as well-funded.”

WND reported when a copy of Obama’s Colorado Springs speech posted online apparently was edited to exclude Obama’s specific references to the new force.

A video of his statements is posted here:

The opening of the Rand Corp. report was focused on providing “Stability Police Force” services outside of the U.S. borders. A company spokesman told WND that the report focused exclusively on the idea of a structure that could move into war-torn or riot-damaged cities or nations overseas and restore order.

However, a reading of the text of the report makes it clear that similar concerns about the behavior of U.S. residents were being evaluated, too.

It noted that the plans for the $1 billion a year effort would have to be structured carefully so as not to infringe on the Posse Comitatus Act ban on U.S. military operations inside the U.S.

“The discussions … made clear that the MP option would likely not be available for domestic policing. This makes this option [fulltime and reserve, as the hybrid option would not be viable due to the fact that military personnel could not be embedded in civilian domestic law enforcement agencies…] much more expensive.”

The report discussed the possibility of creating a new agency inside the Department of Defense but noted, “It is unlikely that a military agency would be permitted to perform domestic policing functions … Because of this, the new agency would likely perform SPF functions better than the MP option due to a better ability to create a policing culture, but worse than the Marshals Service option due to the fact that it could not do policing tasks day-to-day.”

The report said the U.S. Secret Service also could be an option: “Much like the Marshals Service, the Secret Service focuses on law enforcement missions within the United States. When not deployed abroad, an SPF housed in the Secret Service could perform a wide range of domestic functions without running into legal barriers.”

A company official was unable to explain the study’s references to policing in the United States.

The Colorado Springs event wasn’t the only time Obama preached of his requirement for a “civilian security” force.

Radio talk show Mark Levin discussed it in a broadcast:

He cited Obama’s statement at a dedication ceremony for a facility at the National Defense University.

There, Obama said, “American must also balance and integrate all elements of our national power. We cannot continue to push the burden onto our military alone, nor leave dormant any aspect of the full arsenal of American capability. That’s why my administration is committed to renewing diplomacy as a tool of American power and to developing our civilian national security capabilities.”

What? Levin said.

“What does that mean? … Is he crazy? … He needs a civilian national security force … just as powerful … as our military?”

“The military has tanks, advanced weapons. What does he mean? … I know what his ideology is. That’s why I’m getting nervous…. Will the shirts be brown? Will they be clicking their heels as they walk?”

The Rand report also cited the Special Operations Group, which is headquartered at Camp Beauregard, La.

“It consists of about 100 deputies who respond to emergencies such as natural disasters, civil disturbances, and terrorist incidents and restores order during riots and mob violence. The SOG conducts missions in fugitive apprehension, high-profile prisoner movements, witness security operations, national emergencies and civil disorders. SOG deputies receive specialized tactical training, including crowd control and quelling civil disorder.”

The report continued, “During the 2000 World Trade Organization protests in the nation’s capitol, SOG teams played a key role in crowd control. They also took responsibility for protecting dignitaries going to and from the conference.”

Further, during protests in Puerto Rico, “The SOG was asked by the Navy on six separate occasions to quell disturbances. In calling upon the Marshals Service, the Navy was able to avoid concerns about the Posse Comitatus Act that might have arisen had it undertaken an armed mission in Puerto Rico.”

The report said specifically that should such a force be created under the military police division, “relief from the Posse Comitatus Act would be required to permit its members to perform domestic law enforcement functions.”

As the presidential campaign advanced in 2008, another video appeared online that for many crystallized their concerns over such a “corps.” It shows a squad of young men marching and shouting praises to Obama:

Rand officials said the study looked at the need for “a U.S. Stability Police Force, the major capabilities it would need if created, where in the federal government it would best be headquartered, and how it should be staffed.”

The federally funded research was done specifically for the U.S. Army.

The study also said, “Our analysis clearly indicates that the United States needs an SPF or some other way to accomplish the SPF mission.”

WND also has reported that U.S. Rep. Charlie Rangel, D-N.Y., introduced the Universal National Service Act that would require “all persons” from ages 18 to 42 “to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security.”

His idea was to authorize “the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes.”

Rangel’s plan specified that “national service” means “military service or service in a civilian capacity that, as determined by the president, promotes national defense, including national or community service and service related to homeland security.”

“It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages 18 and 42 to perform a period of national service as prescribed in this title,” it specified.

It would require that the president provide “for the induction” of people to the service corps.

“Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years,” Rangel wrote.

Conscientious objectors would be ordered “to perform national civilian service … as the president may prescribe.”

WND also reported when Obama signed into law the “GIVE Act,” H.R. 1388, which massively expands the National Service Corporation and allocates to it billions of dollars.

Officials said at that time the law would allow for the “managing” of up to 8 or 9 million people.

That bill included a “National Service Reserve Corps” whose members have completed a “term of national service,” “training” and “not less than 10 hours of volunteering each year.”

Joseph Farah, founder and editor of WND, used his daily column when the issue originally arose to alert Americans of the plans. He then elevated the issue with a call to all reporters to start asking questions.

“If we’re going to create some kind of national police force as big, powerful and well-funded as our combined U.S. military forces, isn’t this rather a big deal?” Farah wrote. “I thought Democrats generally believed the U.S. spent too much on the military. How is it possible their candidate [at the time] is seeking to create some kind of massive but secret national police force that will be even bigger than the Army, Navy, Marines and Air Force put together?

“Is Obama serious about creating some kind of domestic security force bigger and more expensive than that? If not, why did he say it? What did he mean?” Farah wrote.

author-image by Bob UnruhEmail | Archive Bob Unruh joined WND in 2006 after spending nearly three decades writing on a wide range of issues for several Upper Midwest newspapers and the Associated Press. Sports, tornadoes, homicidal survivalists, and legislative battles all fell within his bailiwick. His scenic photography has been used commercially, and he sometimes plays in a church worship band


Monday, February 27, 2012

Feds sued over Kagan's Obamacare role

'Integrity of the court requires a full airing of those facts'


Elena Kagan served as Barack Obama’s solicitor general during the time that a legal strategy to defend Obamacare was being assembled, and Judicial Watch, which investigates government corruption, now has filed a lawsuit to gain access to records of her role in the Obamacare discussions.

That’s because of the convergence of her appointment to the U.S. Supreme Court and that court’s scheduled review of Obamacare in just a few weeks.

Kagan so far has refused to recuse herself from the case, considered one of the biggest cases ever to confront the court since it would impose a social program requiring every person in the country to purchase government-specified health insurance or face the wrath of Washington in the form of fines and penalties.

E-mails that previously were obtained by the organization suggest Kagan and her staff in the White House “may have participated in discussions pertaining to the legal defense of Obamacare,” Judicial Watch said.

“Other records show then-Solicitor General Kagan commenting excitedly on the passage of Obamacare,” Judicial Watch reported.

But the administration has refused to comply with Freedom of Information Act requests for details regarding just exactly what Kagan did in the development of the Obamacare strategy.

“This is no time for the Obama administration to stonewall and obfuscate,” said Tom Fitton, the chief of Judicial Watch. “We hope the court will force the Obama administration to respond to our request in a manner consistent with federal law.”

He said, “The American people deserve to know how deeply involved Elena Kagan and her top deputies were in shaping the Obama administration’s legal defense of Obamacare. The integrity of the courts requires a full airing of those facts before she participates in ruling on a matter she may have helped prepare for litigation. There is more information at the Justice Department but clearly Eric Holder intends to run out the clock.”

In an earlier FOIA action, Judicial Watch obtained copies of some e-mails that indicated Kagan was cheering the Obamacare developments.

The new legal action, Judicial Watch is seeking “calendars, schedules, phone logs and agenda” for Kagan and several deputies, Neal Katyal, Edwin Kneedler, Malcolm Stewart and Michael Dreeben.

Katyal, Kneedler, Stewart and Dreeben all were deputy solicitors under Kagan.

Judicial Watch said the Obama administration was required by law to respond to the FOIA request by January 25, 2012. But neither have any records been released nor has any explanation been given about why records should be withheld.

“Justice Kagan has said that she was not ‘substantially’ involved in the DOJ discussions regarding Obamacare’s constitutional or litigation issues. The White House, despite repeated inquiries, has refused to confirm to Judicial Watch that Justice Kagan was ‘walled off’ from Obamacare defense discussions while at the DOJ,” Judicial Watch said.

Separately, Larry Klayman, the founder of Judicial Watch who now directs Freedom Watch USA, has challenged the Supreme Court to have Kagan removed from the deliberations over Obamacare.

In a motion to the court, Klayman explained the issue of judicial integrity is even more important that the substance of the Obamacare dispute itself.

“The ‘greater’ issue is the integrity of the Supreme Court itself and whether or not it will adhere to and respect centuries old rules of judicial ethics, which require a judge to recuse herself when she has a conflict of interest and when to continue on the case would create even the appearance of partiality,” Klayman said in the motion.

He wrote that in addition to Kagan’s “conflict of interest” because of her work in the White House, apparently including on behalf of Obamacare, she also reportedly advocated for Obamacare in another case.

“This act constitutes not only a conflict of interest, but creates more than the appearance of partiality, for which she must recuse herself or be disqualified by the court,” he wrote.

“If the Supreme Court does not adhere to accepted rules of judicial ethics in this case, and others, it will lose credibility as the ‘People’s Supreme Court,’ and indeed its ultimate decision herein will be forever held illegitimate and tainted by judicial misconduct. This is why the issue of Justice Kagan’s recusal or disqualification is even more important than the underlying issues of this Obamacare case itself. It will have a lasting effect on the integrity of the Supreme Court and how Americans view their court,” he said.

Klayman earlier cited statements in e-mails that reveal “Kagan’s personal bias in favor of the act.”

Among the evidence cited is an e-mail from March 21, 2010, when Kagan, “then senior counselor for access to Justice Laurence Tribe, wrote, ‘I hear they have votes Larry!! Simply amazing . . . ‘ Tribe then responded, ‘So healthcare is basically done! Remarkable.’”

Additionally, on March 16, 2010, there was an e-mail from Kagan to David Barron, asking if he had seen a Wall Street Journal article on the issue.

And Deputy Solicitor General Neal Katyal told Kagan in a 2009 email, “We just got [Olympia] Snowe on health care.”

Klayman wrote, “Without a neutral, unbiased Supreme Court, there simply is no rule of law and any decision concerning the act will be seen as illegitimate.”

Thursday, February 2, 2012

Cite Obama with contempt, lawyers urge

Refusal to follow subpoena 'no less than declaration of total dictatorial authority'


A Georgia resident contending Barack Obama is ineligible for the state’s 2012 presidential election ballot is asking that a court cite him with contempt.

In a motion filed in the case pending before Georgia Administrative Law Judge Michael Malihi, attorney Van Irion, representing David P. Weldon, urged the court not to overlook the fact that Obama had been subpoenaed for last week’s hearing. Obama’s attorney, he pointed out, acknowledged the subpoena by asking that it be quashed. But when the judge refused his request, he but told a state elections official he would not participate.

“Plaintiff Weldon moves this court to refer an order for contempt to the Superior Court for confirmation that defendant Obama is in contempt of court,” the motion says. “Grounds for this motion are that defendant Obama willfully defied this court’s order to appear and testify during this court’s hearing of January 26.”

The motion explains that when Malihi refused to quash the subpoena, Obama and his attorney, Michael Jablonski, “requested that the Secretary of State [Brian Kemp] halt the proceedings. … The letter ended with a statement that the defendant and his attorney would suspend all further participation in the proceedings of this court pending response.”

Discover what the Constitution’s reference to “natural born citizen” means and whether Barack Obama qualifies, in the ebook version of “Where’s the REAL Birth Certificate?”

But after Kemp confirmed later that day that the hearing would continue and said that failing to participate “would be at the defendant’s peril,” Obama and his lawyer still refused to attend.

The letter from Obama’s lawyer to the state official, “coupled with the defendant’s willful refusal to comply with an order of this court, represent a direct threat to the rule of law,” the motion says. “The … actions represent a direct threat to the entire judicial branch and the separation of powers.”

Willfully ignoring a court subpoena is “unprecedented,” Irion writes. “While past presidents have litigated against subpoenas, in every case those presidents acknowledged and respected the authority of the judicial branch. … In the instant case the defendant did not appeal to a higher court, and instead instructed the Secretary of State that he would not participate. … When the Secretary of State refused to act in an unlawful manner the defendant ignored the Secretary of State, violated an order of this court, and apparently instructed his attorney to act in a manner that violates the professional rules of conduct of this state.”

Obama’s action, he says, “amounts to no less than a declaration of total dictatorial authority. Such declaration cannot go without response from this court. Failure to respond to the defendant’s contumacious conduct would amount to an admission that this court and the judicial branch as a whole do not have the authority granted to them under articles III and IV of the Constitution.”

Irion, representing Weldon, and several other attorneys argued before Malihi last week to have Obama’s name stricken from the Georgia state ballot.

The hearing was held on concerns raised by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in the U.S., and national elections are just a compilation of the results of the 50 state elections.

The state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”

State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.

Citizens raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.

The controversy over Obama’s eligibility dates to before his election in 2008. Some contend he was not born in Hawaii and that the birth documentation the White House released in April is a forgery.

Others say it doesn’t matter where he was born, as his father never was a U.S. citizen.

The Constitution requires presidents to be “natural-born citizens,” and experts say that the Founders regarded it as the offspring of two U.S. citizens.

Jablonski had asked Malihi to quash the subpoena, requested by Taitz. When the judge refused, Jablonski wrote to Kemp.

The attorney told Kemp that “serious problems” had developed in the hearings “pending before the Office of State Administration Hearings.”

Jablonski said, “At issue in these hearings are challenges that allege that President Obama is not eligible to hold or run for re-election to his office, on the now wholly discredited theory that he does not meet the citizenship requirements.”

He said the judge had “exercised no control” over the proceeding.

“It threatens to degenerate into a pure forum for political posturing to the detriment of the reputation of the state and your office. Rather than bring this matter to a rapid conclusion, the ALJ has insisted on agreeing to a day of hearings, and on the full participation of the president in his capacity as a candidate,” Jablonski wrote.

Kemp said the hearing, however, was in line with Georgia law, and he would be reviewing Malihi’s recommendations in the case.

He also had a warning about the cost of not showing up for a court hearing.

“Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”

Top constitutional expert Herb Titus contends that a “natural-born citizen” is born of parents who were U.S. citizens at the time of the birth. The argument also is supported by a 19th-century U.S. Supreme Court decision, Minor vs. Happersett in 1875. The case includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen.”

That case states: “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”

An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice.

“‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”

If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.

“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”

In an extensive proposal regarding what the judge’s determination should include, Irion wrote that because of Obama’s failure to meet the understood meaning of “natural born citizen,” and the fact he “presented no argument on the substance of the issue at hand,” he should be determined to be ineligible.

Irion’s proposal said Obama should have had the entire burden of proof in the case, because “the Supreme Court of Georgia has clearly established that it is the affirmative obligation of a candidate to establish his qualifications for office, and that the burden is not upon the challenger.”

His suggestions said while the Democratic Party of Georgia has a right to determine its membership, that right coexists with the state’s right to govern.

“The party is free to submit any name as their next presidential candidate. However, Georgia is not required to accept such submissions and waste taxpayer money on ballots where such candidates are clearly not qualified to hold the office sought.”

He also pointed out that voters do not have the authority to waive constitutional requirements.

“Constitutionally protected rights are held inviolate regardless of the majority’s desire to violate them. Without such protections, any law could be enacted simply because it becomes popular. …. Congress could legalize the killing of all Jews, for example, as was done in World War II Germany. Constitutional requirements are absolute, and must be followed regardless of how popular or unpopular such requirements may be.

“Defendant’s presumption that popular vote overrides the Constitution runs contrary to the Constitution.”

In Taitz’ proposal to the judge, she raised concerns about elections fraud, evidence of forgery in the birth certificate image, Social Security fraud and the use of multiple last names

“Plaintiffs assert that based on law and fact, Obama is not eligible to be on the ballot in the state of Georgia as a presidential candidate and such finding should be forwarded to the secretary of state of Georgia,” she wrote.

She said the contempt “exhibited by the defendant … is so egregious that it warrants forwarding of the evidence and findings … to the attorney general of Georgia for criminal prosecution.”

“It is common knowledge and described at length in defendant Obama’s memoirs, such as ‘Dreams from my Father,’ that Obama’s father was a foreigner. Obama senior was a foreign exchange student who resided in the U.S. for a couple of years while he got his education and he returned to his native Kenya. At the time of Obama’s birth, his father, who came from Mombasa, Zanzibar region of Kenya, was a British ‘protected person’. Obama automatically inherited his father’s British citizenship upon the British Nationality act of 1948. Upon the declaration of the independence of Kenya on December 11, 1963, Barack Obama automatically received his Kenyan citizenship on December 12, 1963.”

_________
Bob Unruh joined WND in 2006 after spending nearly three decades writing on a wide range of issues for several Upper Midwest newspapers and the Associated Press. Sports, tornadoes, homicidal survivalists, and legislative battles all fell within his bailiwick. His scenic photography has been used commercially, and he sometimes plays in a church worship band.
More ↓


Thursday, January 26, 2012

Georgia warns Obama of 'peril' of ignoring eligibility hearing

CERTIFIGATE

Lawyer had urged secretary of state to simply cancel challenges

The state of Georgia is warning Barack Obama of the “peril” of simply ignoring today’s hearing on his eligibility to be on the 2012 presidential election ballot in the state

The hearing before an administration law judge was streamed live today, but Obama’s attorney, Michael Jablonski, yesterday told the state he and his client would not participate.

The attorney told Secretary of State Brian Kemp that the issue already had been resolved and it wasn’t any of the state’s business anyway.

Kemp disagreed, explaining in a response that was posted online after hours last night that the case simply was “in keeping with Georgia law.”

“As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a hearing. As the referring agency, the Secretary of State’s Office is not a party to the candidate challenge hearings scheduled for tomorrow. To the extent a request to withdraw the case referral is procedurally available, I do not believe such a request would be judicious given the hearing is set for [this] morning.”

He continued, “I expect the administrative law judge to report his findings to me after his full consideration of the evidence and law. Upon receipt of the report, I will fully and fairly review the entire record and initial decision of the administrative law judge.”

He also had a warning about the costs of simply not showing up for a court hearing.

“Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”

The hearing could have a huge impact. It is the first time among the some five dozen different legal cases that have been filed over Obama’s eligibility that evidence actually is being heard in a courtroom. Being introduce today is the evidence about Obama’s background, his documentation, the results of investigations of private investigators and other information.

None of this heretofore has been put into an official court record, and judges earlier all had dismissed cases based on technicalities, such as “standing.”

It was yesterday that Barack Obama announced through his attorney that he will boycott the administrative hearings, prompting an attorney for one set of the plaintiffs to describe the nation’s commander-in-chief as acting like a “5-year-old brat.”

A letter from his lawyer, Jablonski, was posted on the website for California attorney Orly Taitz, whose determined pursuit of Obama’s eligibility documentation has taken her to courts across the nation, including the U.S. Supreme Court.

Jablonski told Georgia Secretary of State Brian Kemp in the letter that “serious problems” had developed in the hearings “pending before the Office of State Administration Hearings.”

He said, “At issue in these hearings are challenges that allege that President Obama is not eligible to hold or run for re-election to his office, on the now wholly discredited theory that he does not meet the citizenship requirements.”

Discover what the Constitution’s reference to “natural born citizen” means and whether Barack Obama qualifies, in the ebook version of “Where’s the REAL Birth Certificate?”

Jablonski said the judge – who previously rejected Obama’s demand to quash a subpoena for him to appear and bring with him his birth records documenting his status as a “natural-born citizen” – has “exercised no control” over the proceeding.

“It threatens to degenerate into a pure forum for political posturing to the detriment of the reputation of the state and your office. Rather than bring this matter to a rapid conclusion, the ALJ has insisted on agreeing to a day of hearings, and on the full participation of the president in his capacity as a candidate,” Jablonski wrote.

“We await your taking the requested action, and as we do so, we will, of course, suspend further participation in these proceedings, including the hearing scheduled for January 26,” Jablonski wrote in the letter on the Taitz site, which indicated it had been sent to the participants in the case.

A blast of sarcasm aimed at Obama also was posted on the Taitz site.

“What Obama is asking now is totally insane,” it said. “He is asking the secretary of state of GA to take the trial away from the judge on the eve of the trial. He is mostly crying on the shoulder of the secretary of state of GA and saying that Orly is bad, because she issued all of those subpoenas. So after the judge told Obama that the subpoena that I issued was perfectly valid and he had to appear in court tomorrow and bring with him all of the documents that I demanded, Obama decided to go behind the back of the judge and send the same complaint about me to the secretary of state and he is asking the secretary of state to take the trial away from the judge.

“Does this look like a behavior of an innocent person? An innocent person would have come to court and showed all the valid documents with the embossed seals, which are verifiable,” the statement said. “Instead he is acting like a 5-year-old brat, saying, ‘I am afraid of Orly, I want the secretary of state of GA to act like my mommy and protect me from Orly.’ Some leader of the free world.”

The hearings are being brought by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in America, and national elections are just a compilation of the results of the 50 state elections.

The schedule for the hearings was set by Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”

State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.

Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.

Jablonski told Kemp he should simply “withdraw” the original hearing request as “improvidently issued.”

“It is well established that there is no legitimate issue here – a conclusion validated time and again by courts around the country. The state of Hawaii produced official records documenting birth there; the president made documents available to the general public by placing them on his website,” he wrote.

Jablonski accused Malihi of allowing the attorneys to “run amok.”

“Perhaps he is aware that there is no credible response; perhaps he appreciates that the very demand made of his office – that it address constitutional issues – is by law not within its authority.”

Obama, meanwhile, has a campaign trip to several Midwest and Western states lined up over the next few days.

WND reported earlier on the stunning decision from Malihi, who refused to quash the subpoena even after Obama outlined his defense strategy for such state-level challenges, which have erupted in half a dozen or more states already.

“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued. “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant.”

The judge thought otherwise.

“Defendant argues that ‘if enforced, [the subpoena] requires him to interrupt duties as president of the United States’ to attend a hearing in Atlanta, Georgia. However, defendant fails to provide any legal authority to support his motion to quash the subpoena to attend,” he wrote in his order.

“Defendant’s motion suggests that no president should be compelled to attend a court hearing. This may be correct. But defendant has failed to enlighten the court with any legal authority,” the judge continued.

“Specifically, defendant has failed to cite to any legal authority evidencing why his attendance is ‘unreasonable or oppressive, or that the testimony … [is] irrelevant, immaterial, or cumulative and unnecessary to a party’s preparation or presentation at the hearing, or that basic fairness dictates that the subpoena should not be enforced,’” the judge said.

Separately, Maricopa County Sheriff Joe Arpaio in Arizona told WND he also had received a subpoena to be at the hearings in Georgia. He said the purpose apparently is to ask him about his Cold Case Posse investigation of Obama’s eligibility, but he said since the investigation remains open, he wouldn’t be able to say much about it.

Hatfield also had filed with the court a “Notice to Produce” asking for Obama’s documents and records.

He wants one of the two original certified copies of Obama’s long-form birth certificate.

Obama’s attorney, Jablonski, also had argued that the state should mind its own business.

“The sovereignty of the state of Georgia does not extend beyond the limits of the State. … Since the sovereignty of the state does not extend beyond its territorial limits, an administrative subpoena has no effect,” the filing argued.

Taitz’s supporters joined a discussion on her website, where she also solicits support for the expenses of her court cases, judging that Obama is on the defensive.

“What a joke. He claims to be too busy performing the duties of the president of the United States. How many days of vacation has he taken? How many rounds of golf? If he is too busy to provide the documents that provide the basis for meeting the requirements of the office, then perhaps he better sit out the next four years,” said one.

Wrote another, “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant. … This is complete utter nonsense!”

In fact, a presidential elector in California brought a lawsuit challenging Obama’s eligibility at the time of the 2008 election and was told the dispute was not yet ripe because the inauguration hadn’t taken place. The courts later ruled that the elector lost his “standing” to bring the lawsuit after the inauguration.


Barack Obama

Irion said his argument is that the Founders clearly considered a “natural-born citizen,” as the Constitution requires of a president and no one else, to be the offspring of two citizen parents. Since Obama himself has written in his books that his father, Barack Obama Sr. was a Kenyan, and thus subject to the jurisdiction of the United Kingdom, Irion argues that Obama is disqualified under any circumstances based on his own testimony.

Those who argue against his birth in the United States note that numerous experts have given testimony and sworn statements that they believe Obama’s Hawaiian birth documentation to be fraudulent.

It is that concern that also has prompted Arpaio to turn over an investigation of that issue to his Cold Case Posse. Its investigative report is expected to be released in the next few weeks.

The image released by the White House in April:


Obama long-form birth certificate released April 27 by the White House

Top constitutional expert Herb Titus contends that a “natural-born citizen” is born of parents who are citizens. That argument also is supported by a 19th-century U.S. Supreme Court decision, Minor v. Happersett in 1875. The case includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen.”

That case states: “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”

An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice.

“‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”

If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.

“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”

___________

Email | Archive

Bob Unruh joined WND in 2006 after spending nearly three decades writing on a wide range of issues for several Upper Midwest newspapers and the Associated Press. Sports, tornadoes, homicidal survivalists, and legislative battles all fell within his bailiwick. His scenic photography has been used commercially, and he sometimes plays in a church worship band.More ↓
rss feed Subscribe to author feed

Sunday, January 22, 2012

Judge whacks Obama in eligibility case

CERTIFIGATE

'Defendant has failed to enlighten the court with legal authority'


A Georgia judge has refused a demand from Barack Obama to quash a subpoena to appear at a series of administration hearings Jan. 26 at which residents of the state are challenging, as allowed under a state law, his name on the 2012 presidential ballot.

WND reported this week when Obama outlined a defense strategy for a number of state-level challenges to his candidacy in 2012 which argue that states have nothing to do with the eligibility of presidential candidates.

“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued in a motion to quash a subpoena for him to appear at the hearings in Atlanta Jan. 26.

“The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant,” the lawyer said.

Judge Michael M. Malihi, however, took a different view.

“Defendant argues that ‘if enforced, [the subpoena] requires him to interrupt duties as president of the United States’ to attend a hearing in Atlanta, Georgia. However, defendant fails to provide any legal authority to support his motion to quash the subpoena to attend,” he wrote in his order, released today.

“Defendant’s motion suggests that no president should be compelled to attend a court hearing. This may be correct. But defendant has failed to enlighten the court with any legal authority,” the judge continued.

“Specifically, defendant has failed to cite to any legal authority evidencing why his attendance is ‘unreasonable or oppressive, or that the testimony … [is] irrelevant, immaterial, or cumulative and unnecessary to a party’s preparation or presentation at the hearing, or that basic fairness dictates that the subpoena should not be enforced.’”

Hearings have been scheduled for three separate complaints raised against Obama’s candidacy. They all are raised by Georgia residents who are challenging Obama’s name on the 2012 ballot for various reasons, which they are allowed to do under state law.

It is states, usually through the office of secretary of state, that run elections, not the federal government. The national election is simply a compilation of the results of the individual elections within states.

The schedule for the hearings was set by Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”

State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.

Three different plaintiffs’ groups are lined up for separate hearings, including one represented by California attorney Orly Taitz. She had the judge sign a subpoena for Obama’s testimony, and Michael Jablonski, Obama’s attorney for the cases, argued that he should be exempted.

“Make no mistake about it. This is the beginning of Watergate Two or ObamaForgeryGate. I believe this is the second time in the U.S. history a sitting president is ordered to comply with a subpoena, and produce documents, which might eventually bring criminal charges to the president and a number of high-ranking individuals,” Taitz said.

She told WND that it’s been 40 years since any court issued such a ruling concerning a president.

Separately, Maricopa County Sheriff Joe Arpaio in Arizona told WND he also had gotten a subpoena to be at the hearings in Georgia. He said the goal apparently is to ask him about his Cold Case Posse investigation of Obama’s eligiblity, but he said since the investigation remains open, he wouldn’t be able to say much about it.

Citizens bringing the complaints include David Farrar, Leah Lax, Cody Judy, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield.

Hatfield also had filed with the court a “Notice to Produce” asking for Obama’s documents and records.

He wants one of the two original certified copies of Obama’s long-form birth certificate.

Also, required are medical, religious administrative and other records about Obama’s birth; passports, applications and related records; college and university applications; bar association applications and materials; details on the citizenship of Obama’s father and other documents.

Taitz had filed an opposition to the motion to quash, taking Obama directly to task over what many consider an important constitutional question – the eligibility of a presidential candidate.

“It is noteworthy, that [the quash request] comes on the heels of his extended 17 day Hawaiian vacation, which cost U.S. taxpayers 4 million dollars. Mr. Obama has earned a dubious distinction as a Vacationer in Chief, Tourist in Chief, Partier in Chief and a Golfer in Chief due to his endless vacations, parties and rounds of golf. Considering … it is not too much to ask for Mr. Obama to show up once at a hearing and present his original identification records, which were not seen by anyone in the country yet,” she argued.

Obama’s attorney, Jablonski, also had argued that the state should mind its own business.

“The sovereignty of the state of Georgia does not extend beyond the limits of the State. … Since the sovereignty of the state does not extend beyond its territorial limits, an administrative subpoena has no effect,” the filing argues.

Taitz’s supporters joined a discussion on her website, where she also solicits support for the expenses of the battles she’s confronting, judging that Obama is on the defensive.

“What a joke. He claims to be too busy performing the duties of the president of the United States. How many days of vacation has he taken? How many rounds of golf? If he is too busy to provide the documents that provide the basis for meeting the requirements of the office, then perhaps he better sit out the next four years,” said one.

Wrote another, “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant. … This is complete utter nonsense!”

In fact, a presidential elector in California brought a lawsuit challenging Obama’s eligibility at the time of the 2008 election and was told the dispute was not yet ripe because the inauguration hadn’t taken place. The courts later ruled that the elector lost his “standing” to bring the lawsuit after the inauguration.


Barack Obama

Irion said his argument is that the Founders clearly considered a “natural born citizen,” as the Constitution requires of a president and no one else, to be the offspring of two citizen parents. Since Obama himself has written in his books that his father, Barack Obama Sr. was a Kenyan, and thus subject to the jurisdiction of the United Kingdom, Irion argues that Obama is disqualified under any circumstances based on his own testimony.

Those who argue against his birth in the United States note that numerous experts have given testimony and sworn statements that they believe Obama’s Hawaiian birth documentation to be fraudulent.

It is that concern that also has prompted Arpaio to turn over an investigation of that issue to his Cold Case Posse. Its investigative report is expected to be released in the next few weeks.

The Georgia hearing apparently will be the first time among dozens of so-far unsuccessful lawsuits brought over Obama’s eligibility issue that evidence will be heard in a court. Other cases all have been dismissed over issues such as standing, without a presentation of the evidence.

There are similar challenges to Obama’s 2012 candidacy being raised before state election or other commissions in Tennessee, Arizona, Illinois, New Hampshire and other states.

The image released by the White House in April:


Obama long-form birth certificate released April 27 by the White House

Top constitutional expert Herb Titus contends that a “natural born citizen” is born of parents who are citizens. That argument also is supported by a 19th-century U.S. Supreme Court decision, Minor v. Happersett in 1875. The case includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen.”

That case states:

The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.

An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice.

“‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”

If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.

“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”

Thursday, January 19, 2012

Obama argues against appearing at eligibility hearing

Thursday, December 29, 2011

Obama, Holder among 'most corrupt politicians'

YOUR GOVERNMENT AT WORK

America's top elected leader makes ethically challenged list yet again
By Bob Unruh © 2011 WND



In a capital city where the U.S. Constitution apparently fast is becoming an anachronism, both the nation's chief executive, Barack Obama, and his buddy, chief law enforcer Attorney General Eric Holder, have been named to a list of the nation's "most corrupt politicians."

"Barack Obama apparently believes it is his 'prerogative' to ignore the U.S. Constitution and the rule of law," said the report compiled by Judicial Watch, the Washington-based watchdog on government behavior.

And the allegations connected to Holder go far beyond the cerebral world of political position, statement and argument – into the lives and deaths of real people.

"Revelations from the Operation Fast and Furious scandal suggest that programs approved by the Holder DOJ may have resulted in the needless deaths of many, including a federal law enforcement officer," Judicial Watch said.

Read the inside story on Washington corruption, from the ultimate Washington insider, Jack Abramoff, in "Capitol Punishment."

This year's list, alphabetically, includes: Rep. Spencer Bachus, R-Ala.; former Sen. John Ensign, R-Nev.; Rep. Alcee Hastings, D-Fla.; Attorney General Eric Holder, Rep. Jesse Jackson Jr., D-Ill.; Barack Obama; Rep. Laura Richardson, D-Calif.; Rep. David Rivera, R-Fla.; Rep. Maxine Waters, D-Calif.; and Rep. Don Young, R-Alaska.

Dishonorable mentions for 2011 includes a potential GOP presidential candidate, former U.S. House Speaker Newt Gingrich, as well as former Sen. John Edwards, D-N.C.; Rep. Barney Frank, D-Mass.; Secretary of Homeland Security Janet Napolitano; Rep. Nancy Pelosi, D-Calif.; Rep. Charles Rangel, D-N.Y.; Rep. Hal Rogers, R-Ky.; and Secretary of Health and Human Services Kathleen Sebelius.

Read all the details.

Obama made last year's list after Judicial Watch reminded Washington watchers of Obama's promise regarding "transparency and the rule of law."

"Instead, Americans have suffered through lies, stonewalling, cover-ups, corruption, secrecy, scandal and blatant disregard for the rule of law … this has been the Obama legacy in its first two years," the report said then.

This year's was not a significant improvement.

(Story continues below)




"Obama makes Judicial Watch's 'Ten Most Wanted' list for a fifth consecutive year. (The former Illinois senator was also a 'Dishonorable Mention' in 2006.) And when it comes to Obama corruption, it may not get any bigger than Solyndra," the 2011 report said.


"Solyndra was once known as the poster child for the Obama administration's massive 'green energy' 'initiative, but it has become the poster child for the corruption that ensues when the government meddles," the report today said. "Solyndra filed for bankruptcy in September 2011, leaving 1,100 workers without jobs and the American taxpayers on the hook for $535 million thanks to an Obama administration stimulus loan guarantee."

Judicial Watch cited Obama's "reticence to release details" but said it's abundantly clear that the Obama administration rushed the Solyndra loan through the approve process "so it could make a splash at a press event."

"The company's main financial backer was a major Obama campaign donor named George Kaiser. While the White House said Kaiser never discussed the loan with White House officials, the evidence suggests this is a lie. … Further demonstrating the political nature of the Obama administration's activities, the Energy Department pressured Solyndra to delay an announcement on layoffs until after the 2010 elections."

Even now, Judicial Watch said, Obama "continues to defend the indefensible."

Other problems for Obama:

  • "Despite a ban on funding that Obama signed into law, his administration continues to fund the corrupt and allegedly defunct 'community' organization ACORN," the report said. It cited a grant of nearly $80,000 to the Affordable Housing Centers of America, "the renamed ACORN Housing which has a long history of corrupt activity." Then there's nearly another three-quarters of a million dollars involved, too.

  • On Obama's "czars," Judicial Watch said Obama's actions are simply not allowed under the Constitution. The report cited a Politico documentation that Obama is ignoring 2011 spending package requirements to ban certain advisory posts. "In other words, Barack Obama believes he must ignore the U.S. Constitution to protect the U.S. Constitution."

  • "In an historic victory for Judicial Watch and an embarrassing defeat for the Obama White House, a federal court ruled on August 17, 2011, that Secret Service White House visitor logs are agency records that are subject to disclosure under the Freedom of Information Act. … The Obama administration now will have to release all records of all visitors to the White House – or explain why White House visits should be kept secret."

  • Obama also applied a politics-first attitude toward a labor dispute over Boeing's plan to open a $750 million assembly line in South Carolina. Obama's friends in organized labor objected and labor's friends in the White House responded with a legal action against Boeing.

  • "Obama's corrupt Chicago dealings continued to haunt him in 2011," Judicial Watch said, citing Obama's real estate partner, Tony Rezko, who was sentenced to jail. "The FBI continues to withhold from Judicial Watch documents of its historic interview of then-Sen. Obama about the Illinois corruption scandal," the group said.

The list of evidence against Holder was nearly as long as that against Obama. Judicial Watch said his actions regarding the Operation Fast and Furious gun-running scandal, "in which guns were sold to Mexican drug cartels and others, alone should have brought about Holder's departure."


"This reckless insanity seems to have resulted in, among other crimes, the murder of Border Patrol Agent Brian Terry, who was killed in a shootout with Mexican criminals in December 2010. Fast and Furious guns were found at the scene of his death. The Fast and Furious operation by itself should have resulted in Holder's resignation, but it is the cover-up that has prompted serious calls for Holder's ouster," Judicial Watch said.

That, however, is just the tip of the iceberg, the report said.

For example, Holder announced his office no longer would defend the constitutionality of the Defense of Marriage Act – a constitutional responsibility of his office.

"This failure to defend this federal law is unprecedented and raises serious questions as to whether President Obama and Eric Holder are upholding their oaths of office and following the Constitution's command to 'take care that the laws be faithfully executed.'"

There also are the questions about now-Supreme Court Justice Elena Kagan's participating in discussions about Obamacare, which is pending before the high court. And the DOJ's decision to drop a case of voter intimidation against the New Black Panther Party was found likely to have been influenced by the National Association for the Advancement of Colored People, the report said.

Further, Judicial Watch has found that Holder's DOJ may be conspiring with Project Vote to boost welfare voter registrations, and Holder has announced his strategy to attack states where lawmakers want to protect against fraud in the voting booth.

For the others on the list:

  • Spencer Bachus, R-Ala. – "He has become the face of a congressional 'insider trading' scandal that has rocked the Washington establishment as 2011 draws to a close. Bachus, chairman of the House Financial Services Committee, was one of the principal targets of a '60 Minutes' investigative report on the scandal, which aired on CBS in September 2011. The report was based, at least in part, on the book 'Throw Them All Out' by author Peter Schweizer, which outed a slew of members of Congress who allegedly profited in the financial markets by trading on insider information. Bachus was not the only congressman cited by '60 Minutes' – others included Speaker of the House John Boehner and House Minority Leader Nancy Pelosi – but the Alabama Republican stood out for his remarkable 'good fortune' in shorting the stock market."

  • Former Sen John Ensign, R-Nev. – "John Ensign, former U.S. senator from Nevada and former chairman of the Senate Republican Policy Committee, was forced to resign from office in May 2011 as the result of an investigation by the Senate Ethics Committee. In a scandal that first broke in 2009, Sen. Ensign publicly admitted to an affair with the wife of long-time staffer Douglas Hampton. Ensign then allegedly tried to cover up the affair by bribing the couple with lucrative gifts and political favors. According to 'The New York Times,' after Hampton discovered the affair involving his wife Cynthia, the senator bought his silence by giving him 'a strong boost into a lobbying career.' Ensign asked political backers to find Hampton a job. 'Payments of $96,000 to the Hamptons also were made by Sen. Ensign's parents, who insist this was a gift, not hush money. Once a lobbying job was secured, Sen. Ensign and his chief of staff continued to help Mr. Hampton, advocating his clients' cases directly with federal agencies."


  • Rep. Alcee Hastings, D-Fla. – "In a year full of shocking congressional sex scandals, perhaps none is more serious than that involving Florida Rep. Alcee Hastings, who allegedly sexually harassed a female government employee and then engaged in a cruel campaign of retaliation when she rebuffed his advances. (On March 7, 2011, Judicial Watch filed a lawsuit against Hastings on behalf of the victim, Ms. Winsome Packer.) The alleged harassment and retaliation began in 2008 when Hastings (formerly an impeached federal judge) served as chairman of the United States Commission on Security and Cooperation in Europe. Ms. Packer served as his employee. According to Judicial Watch's complaint, 'Mr. Hastings' intention was crystal clear: he was sexually attracted to Ms. Packer, wanted a sexual relationship with her, and would help progress her career if she acquiesced to his sexual advances.'"

  • Rep. Jesse Jackson Jr., D-Ill. – "It took more than two years and two trials, but disgraced former Illinois Governor Rod 'Blago' Blagojevich was finally brought to justice on June 27, 2011, for a number of crimes, including his efforts to 'sell' President Obama's vacant Senate seat to the highest bidder. He became the state's fourth governor, and one of at least 79 Illinois public officials, to be found guilty of a crime since 1972, proving that Illinois has certainly lived up to its reputation as a cesspool of corruption. As the trial unfolded, it became clear that many hands were dirty in the Blago scandal. (See Chicago Mayor and former Obama Chief of Staff Rahm 'Rahmbo' Emanuel, who was finally forced to testify during this second Blago trial – for a whopping five minutes – and President Obama himself, who was interviewed by the FBI in the scandal even before he took office.) But all of the focus now seems to center on Rep. Jesse Jackson, Jr. The House Ethics Committee announced on December 2, 2011, that it will continue its investigation into allegations that Jackson or someone acting on his behalf offered to raise campaign cash for then-Gov. Rod Blagojevich in exchange for a Senate appointment in 2008. The committee also released an initial report from the Office of Congressional Ethics that said there was 'probable cause' to believe that Jackson either directed a third party or had knowledge of a third party's effort to convince the since-convicted Blagojevich to appoint Jackson Jr. in exchange for campaign cash."

  • Rep. Laura Richardson, D-Calif. – "A first-timer on Judicial Watch's 'Ten Most Wanted' list, Rep. Laura Richardson is in hot water for reportedly misusing her congressional staff for personal and political gain. Rep. Richardson is now under investigation by the House Ethics Committee regarding allegations by former staff member Maria Angel Macias. Macias alleges that she was required by Richardson to order other staffers to run personal errands for the Democrat congresswoman – such as picking up her dry cleaning – and to work on her re-election campaign at taxpayer expense. Richardson's alleged behavior would violate federal law, which protects federal employees from 'being forced by job-related threats or reprisals to donate to political candidates or causes.' House ethics rules also specify that 'in no event may a member or office compel a House employee to do campaign work.'"

  • Rep. David Rivera, R-Fla. – Rep. David Rivera, U.S. representative for Florida's 25th congressional district, is mired in numerous ethics controversies stemming from charges of money laundering and tax evasion schemes initiated when Rivera served in the Florida House of Representatives. The Republican congressman, serving his first term, is currently under investigation by the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), the Florida Department of Law Enforcement, the Miami-Dade Police public corruption unit, and the Miami-Dade State Attorney's office. Of particular interest is the investigation by the FBI and the IRS regarding Rep. Rivera's dealings with the Flagler Dog Track, now known as the Magic City Casino. The basis for the investigation relates to payments reportedly totaling as much as $1 million made by the casino to Millennium Marketing in the guise of a consulting contract. Most of the money is said to have been paid in 2008."

  • Rep. Maxine Waters, D-Calif. – Rep. Maxine Waters is one of the most senior and one of the most outspoken members of Congress. She is also one of the most corrupt. In August 2010, an investigative subcommittee of the House Ethics Committee charged Rep. Waters with three counts of violating House rules and ethics regulations in connection with her use of power and influence on behalf of OneUnited Bank. She was expected to face an ethics trial in late 2010, but the committee delayed the trial indefinitely on November 29, 2010, citing newly discovered documentary evidence that may impact proceedings. The delay apparently has less to do with evidence and more to do with infighting on the panel. Ultimately, an outside counsel was retained and a recommendation was expected by January 2, 2012. However, the committee announced that the Waters probe will be extended until July 31, 2012. According to The Associated Press, the charges currently under the House Ethics Committee microscope 'focus on whether Waters broke the rules in requesting federal help [bailout money] for a bank where her husband owned stock and had served on the board of directors.'"

  • Rep. Don Young, R-Alaska – Rep. Don Young may have achieved a new level of corruption in 2011. The House Ethics Committee announced just before Christmas that the Alaska Republican Congressman was cleared of allegations by the House Ethics Committee that he exceeded the limit on campaign donations to his legal defense fund – which was set up to defend Young against an entirely different set of corruption charges! There was good reason the House Ethics Committee released this decision after most of official Washington left for the Christmas holiday: because the committee's 'exoneration' is a joke. House ethics rules prohibit contributions from any single source that exceed $5,000. Young received $63,000 from 'twelve companies that…were in fact owned by Gary Chouest, his wife, and his five children, or some combination of those seven individuals.' Despite an independent analysis by the Office of Congressional Ethics (OCE) that the shell-game was a rather transparent violation of the contribution limit, the House Ethics Committee gave Young a free pass because the 12 companies controlled by essentially one individual were 'separate legal entities.'"

Among those givens "mentions," Edwards was picked for being indicted by a grand jury on six felony charges apparently linked to the coverup of an extramarital affair with Rielle Hunter. Gingrich, now running for the GOP nomination for president, previously was reprimanded in Congress for "reckless" disregard for House rules and was targeted in a "scathing special counsel report."

"Gingrich insinuated during one presidential debate that some members of Congress who took money from Fannie and Freddie should go to jail. And yet, over a span of eight years, according to 'Bloomberg News,' The Gingrich Group was paid between $1.6 and $1.8 million by the home mortgage company. At the same time, Freddie Mac was engaged in massive fraud. Gingrich suggested he was a 'historian' for Freddie Mac. But the evidence clearly shows he was 'throwing his weight' behind the two Government Sponsored Enterprises to prop them up, saying in one interview that Fannie and Freddie provided a more 'liquid and stable housing finance system than we would have' without them. Ironically, President Obama, the man who Gingrich is seeking to oust from office, is keeping secret each and every Freddie Mac (and Fannie Mae) document, including those that could shed light on Gingrich's relationship with Freddie," the Judicial Watch report said.

Napolitano, the report said, "presided over a campaign to bypass Congress and provide amnesty to millions of illegal alien lawbreakers all in an obvious attempt to garner more Hispanic votes for Obama's re-election. At first, Napolitano's campaign was begun in stealth. But in 2011 the Obama administration finally admitted that illegal alien amnesty is now the official policy of the United States of America, courtesy of Janet Napolitano's Department of Homeland Security (DHS)."

And Sebelius has kept shrouded in secrecy some 1,472 waivers of Obamacare's requirements given to unions and various companies, Judicial Watch said.

"Judicial Watch filed a lawsuit against HHS on December 30, 2010, and yet the agency refuses to explain to the American people how decisions were made regarding which organizations received or did not receive a waiver. While HHS was disproportionately doling out waivers to unions, JW also obtained documents from HHS that provide new details on a massive, taxpayer-funded, multimedia campaign designed to promote Obamacare. The total cost of this campaign, which notably targets Obama's electoral coalition, could reach as much as $200 million over the next five years."

Read all the details!

Read more: Obama, Holder among 'most corrupt politicians' http://www.wnd.com/?pageId=381969#ixzz1hvtSQ8hd