No, I’m not writing about a sequel to the Steve Carell comedy flick “The 40 Year Old Virgin,” or about the even more low-class holiday issue of Playboy magazine. Believe it or not, this column is about a case I filed in Montgomery, Ala., over the eligibility of Barack Hussein Obama, which was just decided at the lower circuit court level by the Honorable Eugene W. Reese, a liberal Democrat judge. The way this suit was handled by the court is not funny. It is symptomatic not just of the way the judiciary has thus far tried to dodge and deep-six the seriousness of Obama’s ineligibility to be president, but the current state of our highly politicized judiciary in general.
Our complaint, filed on behalf of presidential candidate Virgil H. Goode Jr. and Alabama citizen Hugh McInnish, seeking to force Alabama Secretary of State Beth Chapman to verify that Obama was eligible to be placed on the state’s presidential ballot – after she told our clients that she would not – was filed Oct. 12, 2012, with enough time for the court to rule that the state had an affirmative duty to determine – given the sworn affidavits from Sheriff Joe Arpaio, his investigator Mike Zullo and renowned investigative reporter and author Jerome Corsi – whether or not Obama is a natural born citizen as is required by the U.S. Constitution. As set forth under oath in these affidavits, there is credible evidence, which was incorporated into the complaint and a simultaneously filed motion for summary judgment, that Obama’s claimed long-form birth certificate, produced by the White House years after the issue of his place of birth was first raised by none other than his 2008 presidential primary opponent Hillary Clinton, is altered, forged and fraudulent. Thus, Judge Reese had plenty of time before the Nov. 6 presidential election to order the Alabama secretary of state to do her job and fulfill her oath of office under not just the Alabama Constitution but the U.S. Constitution. Indeed, while Alabama statutes are silent about this, analogous law in most states requires that election and ballot challenges are to be given expedited treatment, for obvious reasons.
Under Alabama law, it is clear that the secretary of state has an affirmative duty to verify the eligibility of those seeking office. An Alabama attorney general’s opinion provides, “If the Secretary of State has knowledge gained from an official source arising from the performance of duties prescribed by law, that a candidate has not met a certifying qualification … the Secretary of State should not certify the candidate” [Attorney General's Opinion No. 1998-200]. The attorney general’s opinion is not binding case precedent. Nevertheless, it constitutes an admission by Alabama’s chief law-enforcement officer on behalf of the state that if the secretary of state has knowledge gained from an official source about a candidate’s eligibility, then she “should not” certify the candidate. This should have proven very persuasive before Judge Reese.
Certainly investigative findings that Obama’s birth certificate is likely altered, forged and fraudulent, contained in the sworn affidavits of Sheriff Arpaio and his investigators, come from an official government source. Thus, Secretary of State Beth Chapman had an affirmative duty to determine Obama’s eligibility to be president. It did not take rocket science, therefore, for Judge Reese, given the attorney’s general’s opinion, to order that this be done quickly, before the Nov. 6 presidential election.