Alabama Ballot Challenge

Butterfly Bilderberg · **Posted:** Mon Jan 02, 2012 8:04 pm

raicha wrote:

So is there a really good reason why the Motion to Expedite fails to cite any law in support?

Because it is provided for in Ala.R.Civ.P. Rule 16?

raicha · **Posted:** Mon Jan 02, 2012 9:12 pm

Butterfly Bilderberg wrote:

raicha wrote:

So is there a really good reason why the Motion to Expedite fails to cite any law in support?

Because it is provided for in Ala.R.Civ.P. Rule 16?

Yeah, I was trained to point out things like that in the motion.

;;)

bob · **Posted:** Tue Jan 03, 2012 1:12 pm

From Corsi's facebook wall:

Albert E. Hendershot wrote:

In paragrah # 3 of my opponents atty's argument - It states, "There is some urgency about this matter. The Defendant is required to certify the candidates for the 2012 Alabama Democratic Primary no later than January 19, 2012. WHEREFORE, the Defendant respectfully moves the HONORABLE Court to promptly schedule a status conference in this matter". Hence the ADP cannot do anything until my case is heard. They cannot place anyone on the Primary Ballot until my hearing is adjudicated...

Technically we did it. They cannot make a move untill my case is heard.

Sterngard Friegen · **Posted:** Tue Jan 03, 2012 2:18 pm

Hendershot got a TRO or preliminary injunction?

I don't think so.

bob · **Posted:** Tue Jan 03, 2012 2:24 pm

Sterngard Friegen wrote:

Hendershot got a TRO or preliminary injunction?

The ADP is conceding it is powerless to act until Hendershot's challenge is resolved. [/snark]

Race: Itsa Locator.

Edit: Happy?

Butterfly Bilderberg · **Posted:** Tue Jan 03, 2012 2:29 pm

Yeah, Al's got them right where he wants. /snark. =))

u

bob · **Posted:** Wed Jan 04, 2012 1:38 pm

From Corsi's Facebook wall:

Albert E. Hendershot wrote:

BREAKING NEWS - Our hearing is set for 9AM Monday 01/09/2012 - on our case against the Alabama Democratic Party.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23524

bob wrote:

From Corsi's Facebook wall:

Albert E. Hendershot wrote:

BREAKING NEWS - Our hearing is set for 9AM Monday 01/09/2012 - on our case against the Alabama Democratic Party.

Go get 'em, Al. $\:D/$

Foggy · **Posted:** Wed Jan 04, 2012 3:47 pm

Does we haz Obots who can attend?

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23524

I haz a copy of the docket for the case that I hope to be able to post soon. The pdf is password protected but hope to have that taken care of soon.

Right after the entry setting the hearing there is a Motion for Order to Show Cause which has been filed (it appears) by the attorneys for the Alabama Democratic Committee. I do not yet know to for what. "Hopefully" I can find that out too also.

Edit: ETA: So much for bypassing the encryption. No. Can. Do. As for the Motion for OSC, don't know... yet.

mimi · **Posted:** Wed Jan 04, 2012 4:44 pm

Foggy wrote:

Does we haz Obots who can attend?

uh... make sure they haz papers. And speaks Southernese. And drives a pickup truck made in the USA, with appropriate gun racks and bumper stickers.

mimi · **Posted:** Wed Jan 04, 2012 4:52 pm

Jefferson County judge sets hearing on request to dismiss suit over President Obama's citizenship
Published: Wednesday, January 04, 2012, 11:09 AM Updated: Wednesday, January 04, 2012, 12:22 PM
Eric Velasco -- The Birmingham News By Eric Velasco -- The Birmingham News The Birmingham News

Quote:

BIRMINGHAM, Alabama -- A Jefferson County judge today set a Monday hearing on a lawsuit challenging President Barack Obama's citizenship and right to be on the 2012 ballots in Alabama.

Circuit Judge Helen Shores Lee will consider a request by Mark Kennedy, chairman of the Alabama Democratic Party, to dismiss the suit filed against him on Dec. 14 by Birmingham resident Albert E. Hendershot.

The hearing will start at 9 a.m. Jan. 9 in Lee's Birmingham courtroom.

Hendershot wants Lee to issue an injunction blocking Obama from being certified as a candidate in Alabama. His suit claims he has "staggering evidence" that Obama is using a forged birth certificate and a false Social Security number.

remainder:
http://blog.al.com/spotnews/2012/01/jef ... ts_mo.html

mimi · **Posted:** Wed Jan 04, 2012 4:55 pm

Just want to park Al's twitter id here. I may want to congratulate him later. Or something.

https://twitter.com/#!/alhendershot1

bob · **Posted:** Wed Jan 04, 2012 5:11 pm

Quote:

Circuit Judge Helen Shores Lee will consider a request by Mark Kennedy, chairman of the Alabama Democratic Party, to dismiss the suit filed against him on Dec. 14 by Birmingham resident Albert E. Hendershot.

Yet Hendershot is thrilled to get his day in court. Maybe he will pull a Taitz. Too. Also.

Butterfly Bilderberg · **Posted:** Wed Jan 04, 2012 5:22 pm

Is this a hearing that is worth Fogbow attendance? Didn't we used to have a member in AL? I think I'll send him a PM.

IIRC, he does speak and translate Southerneze, but will have to rent a pickup truck and borrow a squirrel hunting hound dawg.

Piffle · **Posted:** Wed Jan 04, 2012 5:38 pm

mimi wrote:

Jefferson County judge sets hearing on request to dismiss suit over President Obama's citizenship
Published: Wednesday, January 04, 2012, 11:09 AM Updated: Wednesday, January 04, 2012, 12:22 PM
Eric Velasco -- The Birmingham News By Eric Velasco -- The Birmingham News The Birmingham News

Quote:

BIRMINGHAM, Alabama -- A Jefferson County judge today set a Monday hearing on a lawsuit challenging President Barack Obama's citizenship and right to be on the 2012 ballots in Alabama.

Circuit Judge Helen Shores Lee will consider a request by Mark Kennedy, chairman of the Alabama Democratic Party, to dismiss the suit filed against him on Dec. 14 by Birmingham resident Albert E. Hendershot.

So at first glance, I'm wondering if this Judge Lee might be one of those lunatic racist judges the birthers keep searching for. After all, her husband is named Robert Lee. And Alabama has a history of electing goobers like Roy Moore and Jefferson Beauregard Sessions to the state bench.

But Voila! it turns out that Judge Lee has a resume that'll knock your socks off. The daughter of a pioneering African-American attorney in the deep south, she earned her B.A. from Fisk University, added an M.A. in clinical psychology from Pepperdine, and worked for a half-dozen years in the community mental health field before enrolling at Samford University's law school.

"Shores" has been on the bench since 2003. Running as a Democrat in the fall elections of 2010, she outraised her Republican opponent by more than 20 - 1 and won handily. If you're looking to read more about an inspiring woman, try this link.

Yoo hoo, Mr. Al! If you were hoping to find that one judge who's sufficiently demented to buy into birfer mythology lock, stock and barrel, I think you just struck out.

mimi · **Posted:** Wed Jan 04, 2012 5:43 pm

Piffle wrote:

[...]The daughter of a pioneering African-American attorney in the deep south, she earned her B.A. from Fisk University, added an M.A. in clinical psychology from Pepperdine, she worked for a half dozen years in community mental health before enrolling at Samford University's law school.[...]

Her background should help tremendously in dealing with birfers.

BTW, the AP blurb being run everywhere includes this sentence.

Quote:

He says he has "staggering evidence" that Obama is using a forged birth certificate and a fake Social Security number.

here:
http://www.wtvy.com/home/headlines/AL_j ... 81933.html

or a bunch of other places.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23524

Hendershot v Kennedy - Docket as of 1-4-2012

The Motion for Order to Show Cause is actually a Motion to Dismiss.

Hendershot v Kennedy - Motion to Dismiss

Quote:

7. The Defendant is required to certify the candidates for the 2012 Alabama Democratic Primary no later than January 19, 2012. Of course, the mere pendency of this case will not impede in any way the Defendant's certification of President Obama as a candidate in the 2012 Alabama Democratic primary.

What? Wait... I thought Al had 'em right where he wanted them and they could do nothing 'til this case was heard. ;;)

It's also very much appreciated that Orly made good GA law in Rhodes v MacDonald.

Piffle · **Posted:** Wed Jan 04, 2012 5:55 pm

Quote:

Taking a poll: Is this a hearing that is worth Fogbow attendance? I can cover Birmingham since Loren is covering Atlanta.

ETA: Just saw your post, Fogster. The answer is "yes." $\:D/$

I do speak and translate Southerneze, but I will have to rent a pickup truck and borrow a squirrel hunting hound dawg.

Hint: If the pickup truck has a gun rack and NRA or "Forget Hell!" sticker, you can get by without actually toting the dawg along.

Hell, I'd chip in $20 gas money just to get a sense of how "Shores" deals with Hendershot.

bob · **Posted:** Wed Jan 04, 2012 6:02 pm

realist wrote:

Hendershot v Kennedy - Motion to Dismiss

The motion cites some of the birther fails -- including the 9th's Barnett|Drake v. Obama. :-bd

But it also cites a recent law review article: The Birthers’ Attacks and the Judiciary’s Article III Defense of the Obama Presidency, by the Law Librarian Stephen Parks at Mississippi College School of Law. 38 S. U. L. R. 179 (2011) is the cite.

I might be able to wrangle a paper copy, and then make that into a PDF.....

A Legal Lohengrin · **Joined:** Tue Oct 26, 2010 9:56 pm **Posts:** 9321

bob wrote:

realist wrote:

Hendershot v Kennedy - Motion to Dismiss

The motion cites some of the birther fails -- including Barnett|Drake v. Obama. :-bd

But it also cites a recent law review article: The Birthers’ Attacks and the Judiciary’s Article III Defense of the Obama Presidency, by the Law Librarian Stephen Parks at Mississippi College School of Law. 38 S. U. L. R. 179 (2011) is the cite.

I might be able to wrangle a paper copy, and then make that into a PDF.....

It appears Alabama's standing doctrine is roughly similar to Article III standing. That doesn't look good for Al Hindenberg.

Edit: Also, I suspected that citation didn't look right. The proper citation is 38 S.U. L. Rev. 179, and is available in the usual places by that citation.

jtmunkus · **Joined:** Mon May 23, 2011 7:33 pm **Posts:** 3490

Butterfly Bilderberg wrote:

Taking a poll: Is this a hearing that is worth Fogbow attendance? Didn't we used to have a member from AL? I think I'll send him a PM.

IIRC, he does speak and translate Southerneze, but will have to rent a pickup truck and borrow a squirrel hunting hound dawg.

Fogbow rules!

bob · **Posted:** Wed Jan 04, 2012 6:32 pm

A Legal Lohengrin wrote:

Edit: Also, I suspected that citation didn't look right. The proper citation is 38 S.U. L. Rev. 179, and is available in the usual places by that citation.

It discusses Judge Carter's decision in Barnett. Comes to the conclusion that the case was nonjusticiable.

I now have a 3 MB PDF of the article.

bob · **Posted:** Wed Jan 04, 2012 6:38 pm

The motion to dismiss also notes Hendershot filed a motion for preliminary injunction, but did not file a complaint. [-X

IIRC, Taitz tried this tactic in Florida (or maybe Georgia?) and learned the hard way that injunctions are not freestanding legal thingies.

neonzx · **Joined:** Tue Mar 10, 2009 9:27 am **Posts:** 4216

bob wrote:

The motion to dismiss also notes Hendershot filed a motion for preliminary injunction, but did not file a complaint. [-X

IIRC, Taitz tried this tactic in Florida (or maybe Georgia?) and learned the hard way that injunctions are not freestanding legal thingies.

Who was holding Hendershot's hand as he waded into the legal system? IIRC, Hendershot is a bill collector and not a lawyer, right?

I still laugh at the call Al made to me pretending to be from FedEx. =))

Falsehoods unchallenged only fester and grow.

Alabama Ballot Challenge

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