Vermont Ballot Challenge

AnitaMaria · **Joined:** Tue Mar 29, 2011 5:41 pm **Posts:** 2107

Mario is exporting his losing argument to Vermont--

From the Burlington Free Press

Quote:

The losing candidate in last month’s Republican U.S. Senate primary has filed a 40-page lawsuit claiming President Barack Obama is ineligible to seek the White House and demanding his name be removed from Vermont’s election ballot.

The lawsuit, filed by Washington, Vt., resident H. Brooke Paige, names Obama, the state of Vermont and Secretary of State James Condos as defendants. Condos, a Democrat, is named because he is the state’s top election official.
[snip]
Paige’s lawsuit indicates that it was prepared by Mario Apuzzo, a Jamesburg, N.J., lawyer who has filed a similar action in that state.

Apuzzo, however, is not licensed to practice law in Vermont. Paige said he was unable to enlist a Vermont lawyer to represent his claims, so he plans to represent himself when the case is argued in court and have Apuzzo there as an advisor.

Lots more at the link.

Edit: Links to Complaint
Attachments

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23543

PAIGE v STATE OF VERMONT, et al.

2012-08-27 - VT - Complaint

2012-08-27 - VT - Attachments to Complaint

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23543

Quote:

A clerk at the court said Monday the case is not yet public because not all parties named in the lawsuit have been served papers. Paige said the state and Condos have been served, but he has been unable to have the papers served on Obama.

“We had a private process server attempt to serve the papers on Obama at his residence, but we encountered some difficulty,” Paige said. “Our person was threatened with arrest and imprisonment.” :^o

Paige said he recently mailed a copy of the lawsuit to the White House by express mail but said the tracking document “mysteriously” was unable to indicate if Obama received the package. :^o

AnitaMaria · **Joined:** Tue Mar 29, 2011 5:41 pm **Posts:** 2107

That attachment is a 13-page explanation of why Mario does not have an in-state lawyer to sponsor his PHV application. :lol:

The explanation is because no real lawyers wanted to get mixed up in this crazy issue.

Paul Pieniezny · **Posted:** Mon Sep 17, 2012 7:47 pm

Point 17 of the complaint says the common law did not have any influence on the national level.

Hm, wasn't the whole idea of that Constitution the very creation of that national level? In other words, didn't the writers of that Constitution necessarily have to use the legal language at the moment preceding that creation of the national level?

Oh, wait. Wasn't there something in Wong Kim Ark about that? One must needs ...

Apart from that, his whole treatment of WKA only makes sense if you believe in (at least) three kinds of US citizenship.

Which is one of the reasons he needs Apuzzo to stand beside him at the trial.

The other one being that he is a stupid a..hole who first made up his own personal legal theory * and then went for a lawyer to subscribe to it, and surprise, surprise, no Vermont lawyer is stupid enough to believe in his legal theory.

And all that started in 2012? Who does he think he is kidding?

* = the real order is of course: made up his mind that a black guy does not belong in the White House, then shopped around for some BS to get him out, made up his own leagl theory and so on

Hektor · **Posted:** Mon Sep 17, 2012 8:15 pm

I always love it when a birfer lawsuit cites Dreams from my Father. They always shout it to the rooftops as if they have caught the President in a bald-faced lie, like it is an earth-shattering revelation that Barack Obama, Sr. wasn't an American citizen. Millions of people from around the world read the book, which was written years before the President was even a serious national political figure. Yet it took birfers until after the election to realize that they were taught in their civics classes that it takes two citizen parents to be President.

AnitaMaria · **Joined:** Tue Mar 29, 2011 5:41 pm **Posts:** 2107

Another thing that is always interesting to watch them do is try to make the case that Obama's father was foreign without accepting any other part of his life story as true or his birth certificate as genuine. In birferstan, the only document in Obama's whole life that contains unquestionably accurate information is the school registration that says his name is Barry Soetoro, and that he is an Indonesian Muslim, except that the part about him being born in Hawaii that is also on that same registration form is a lie.

Jocelyn9596 · **Joined:** Sun May 06, 2012 5:50 am **Posts:** 331

AnitaMaria wrote:

Another thing that is always interesting to watch them do is try to make the case that Obama's father was foreign without accepting any other part of his life story as true or his birth certificate as genuine. In birferstan, the only document in Obama's whole life that contains unquestionably accurate information is the school registration that says his name is Barry Soetoro, and that he is an Indonesian Muslim, except that the part about him being born in Hawaii that is also on that same registration form is a lie.

Don't try to confuse them with facts. Birfers don't like facts, especially those that don't support their biased views. I asked Orly on her website why she uses that school form and believes that is accurate when nothing else that comes from PBO's past is considered to be accurate, unless of course it concurs with their twisted point of view. Orly must haz madz at me 'cuz she never answered me. She never even posted my question! :((

Reality Check · **Posted:** Mon Sep 17, 2012 10:03 pm

Quite the pile of tripe. He quotes the 1797 English translation of de Vattel of course. This was obviously written by Mario with his" natural born citizen" and "citizen of the United States" bullshit throughout. I hope this asshole gets stuck with fees when the Obama attorneys rip Apuzzo's nonsense to shreds. Also, why does Paige include all the private communications with local attorneys? I bet they are ecstatic to be portrayed as sniveling cowards here.

AnitaMaria · **Joined:** Tue Mar 29, 2011 5:41 pm **Posts:** 2107

I thought that the attachment was to show that the plaintiff made a good-faith effort to get local counsel or at least someone to sponsor Mario in a PHV application--laying the groundwork to try to get PHV status without a local sponsor. just a guess...

ZekeB · **Posted:** Mon Sep 17, 2012 11:15 pm

AnitaMaria wrote:

I thought that the attachment was to show that the plaintiff made a good-faith effort to get local counsel or at least someone to sponsor Mario in a PHV application--laying the groundwork to try to get PHV status without a local sponsor. just a guess...

We've all seen that happen here. Court grants PHV without a sponsor. How many times has that worked out well for the Court? I can't think of any.

Butterfly Bilderberg · **Posted:** Mon Sep 17, 2012 11:39 pm

This board requires you to be registered and logged-in before you can view hidden messages

Tick tock, Mario.

mimi · **Posted:** Tue Sep 18, 2012 12:09 am

Doc C sez nobody would represent him.

Quote:

I suppose Paige (photo right) is expressing his dislike for “radical Socialists” by trying to keep Barack Obama off the ballot in Vermont. Paige is representing himself in his lawsuit because he was “unable to secure competent Vermont counsel.” According to rather interesting narrative in supporting documents, no Vermont attorney will willing to represent Paige.

eta:

Quote:

Paige tells us that he had previously consulted with birther attorney Mario Apuzzo at length. The present complaint shows a rather clear derivation from Apuzzo’s arguments. (I didn’t check whether it is just copy and paste.) That’s a bad sign because the courts have already told Apuzzo that his legal theory is without merit.

http://www.obamaconspiracy.org/2012/09/ ... hallenges/

BFB · **Posted:** Tue Sep 18, 2012 5:53 pm

Mario, stay in NJ. Don't pollute Vermont with your bile.

AnitaMaria · **Joined:** Tue Mar 29, 2011 5:41 pm **Posts:** 2107

Foiled again...from burlingtonfreepress.com

Quote:

Judge in Obama 'natural born citizen' case won't halt release of Vermont election ballots

A judge has turned down a request by a Vermont man who sought to have President Barack Obama’s name tossed from the state’s November election ballots because factors about Obama’s birth make him ineligible to be president.

H. Brooke Paige of Washington, Vt., had sought a court injunction stopping the distribution of ballots. His claim is Obama is not a “natural born citizen” as required by the U.S. Constitution because his father was not an American citizen at the time of Obama’s birth.

“The court has been presented with a radically insufficient basis on which to issue a temporary or even a preliminary injunction,” Judge Robert Bent wrote in a four-page ruling issued late Friday afternoon.

Bent also said there was little evidence to support Paige’s underlying claim about Obama not being a “natural born citizen,” noting the jurists in a number of other states had reviewed that issue and rejected it.

Nothing more at the link. Seriously. This is the whole article.

Edit: The article has been updated since I first posted this, so there's a bit more at the link now.

Piffle · **Posted:** Mon Sep 24, 2012 1:03 pm

AnitaMaria wrote:

Foiled again...from burlingtonfreepress.com

Quote:

Judge in Obama 'natural born citizen' case won't halt release of Vermont election ballots

A judge has turned down a request by a Vermont man who sought to have President Barack Obama’s name tossed <snip>

Well done, AM. Wow, that didn't last long, did it?

The only plausible explanation is that yet another dimwitted backwoods judge wasn't sophisticated enough to understand Mario's scholarly reasoning.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23543

FWIW...

Paige Docket... as of this morning.

Quote:

Current Case Docket Information
Court record: 61947
Vermont Superior Court
Washington Civil Division
______________________________________________________________________________
Docket No. 611-8-12 Wncv Paige vs. State of Vermont et al _____________________________________________________________________________
Case Type: Last judge: Robert R. Bent
Case Track: Not set Recused: None
Case Status: Active - Answer Due
Court/Jury: Court trial
Next Hearing:
=====================================================================
PARTIES
No. Role Litigant Name Attorney Name Telephone
--------------------------------------------------------------------------------
p# 1 plf Paige, H. Brooke Pro Se
p# 2 def State of Vermont Daloz, Todd J.W.
p# 3 def Condos, James Secretary of StaDaloz, Todd J.W.
p# 4 def Obama, Barack Hussein Candidate
=====================================================================
DISPUTES
DsptCase Name Disputants Dispo Date
--------------------------------------------------------------------------------
1 cmpl Declaratory Judgment p#1 v p#2
2 cmpl Declaratory Judgment p#1 v p#3
3 cmpl Declaratory Judgment p#1 v p#4
=====================================================================
MOTIONS/PETITIONS/REQUESTS FOR RELIEF
No. Type Status Judge Date
-------------------------------------------------------------------------------
1 M/for Alternative Service denied RRB 09/21/12
2 P/to Prohibit Further Dissemination denied RRB 09/21/12
================================================================================
08/27/12
1359262 - partyadd
H. Brooke Paige, Plaintiff.

1359263 - couprose
Notice of Pro Se appearance filed by Plaintiff H. Brooke Paige.
1359264 - partyadd
State of Vermont, Defendant.
1359265 - partyadd
James Condos Secretary of State, Defendant.
1359266 - partyadd
Barack Hussein Obama Candidate, Defendant.
1359267 - cvfile - status set to asd
Declaratory Judgment case filed by Plaintiff H. Brooke Paige against Defendant State of Vermont and Defendant James Condos Secretary of State and Defendant Barack Hussein Obama Candidate.
1359269 - letsent
letter advising of docket number assigned letter sent to Plaintiff H. Brooke Paige.
09/12/12
1360783 - entorder
Entry Order by Judge Robert R. Bent:. The Court accepts his filing as a notice that Mr. Paige is representing himself. Under Rule 3, the defen- dants must be served within 60 days of the filing of the complaint or this action may be dismissed. The court will take no further action in this case until the parties have been served properly.
1360786 - letsent
Copies of Order mailed to counsel letter sent to Plaintiff H. Paige.
09/18/12
Service complete on party(s) 2: personal service. Documents served: of Service serving Summons &; Complaint w/attachments.
Service complete on party(s) 3: personal service. Documents served: of Service of Summons &; Complaint w/attachments.
1361615 - mprfile
MPR 1) Motion for Alternative Service filed by Plaintiff H. Paige. Motion for Alternative Service. Documents filed: Declaration re: "Entry"; Statement by Judge Bent dated 9/11/12; and proposed order re: service of; process; proposed Order.
1361633 - mprjudge
MPR 1) Motion for Alternative Service given to Judge Robert R. Bent.
09/20/12 4 documents filed for party 1: Plaintiff's Declaratry Statement; Relating to Petition for Order; Preventing Eminent Action by the; Division of Elections.
1361979 - mprfile
MPR 2) Petition to Prohibit Further Dissemination filed by Plaintiff H. Brooke Paige. Petition to Prohibit Further Dissemination. Documents filed: Petition to Prohibit Further Public; of Information Relating; to this Case; proposed Order; Attach.
09/21/12
1362093 - mpreo
Entry order re MPR's 1-2: 1) Motion for Alternative Service; 2) Petition to Prohibit Further Dissemination. M/Reaction Form. denied by RRB.
1362094 - note
Decision on Motion for Alternative service & Motion for temporary Restraining Orders: ORDER - Mr. Paige's motion for alternative service as is his motion for temporary restraining order (see file for complete decision); Copy mailed to Mr. Paige( left message on this phone) & hand-given to State for Atty Daloz.
1362096 - let sent
Copies of Order mailed to counsel letter sent to Plaintiff H. Brooke Paige.
1362099 - couappr
Appearance entered by Todd J.W. Daloz on behalf of Defendant of Vermont and Defendant James Condos Secretary of State.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23543

Piffle wrote:

AnitaMaria wrote:

Foiled again...from burlingtonfreepress.com

Quote:

Judge in Obama 'natural born citizen' case won't halt release of Vermont election ballots

A judge has turned down a request by a Vermont man who sought to have President Barack Obama’s name tossed <snip>

Well done, AM. Wow, that didn't last long, did it?

The only plausible explanation is that yet another dimwitted backwoods judge wasn't sophisticated enough to understand Mario's scholarly reasoning.

Query: So was only the "injunction" denined or entire objection/case tossed? :-k

Or does denying the injunction dispose of entire case? I've not read the pleadings lately... or perhaps never. :lol:

Piffle · **Posted:** Mon Sep 24, 2012 3:10 pm

realist wrote:

Query: So was only the "injunction" denined or entire objection/case tossed? :-k

Or does denying the injunction dispose of entire case? I've not read the pleadings lately... or perhaps never. :lol:

Good question. From the newspaper account alone, it's not possible to tell.

IIRC, the complaint sought two equitable remedies: injunction & declaratory judgment. I think it's clear that both are dead as a practical matter but I suppose it is possible that the DJ count could require pro forma cleanup if the judge didn't mention it. Without an transcript, opinion or order to read, who knows?

raicha · **Posted:** Mon Sep 24, 2012 3:33 pm

Relying on news accounts can be risky, but it seemed to me that the judge was denying a temporary/preliminary injunction. If that is true, the case lives on.

I wonder if Apuzzo was there as "advisor". The rules prohibiting unlicensed practice do not merely prevent lawyers from preparing the paperwork. If I am unlicensed in Vermont, I cannot ethically or legally "advise" someone in a Vermont courtroom regarding Vermont law.

AnitaMaria · **Joined:** Tue Mar 29, 2011 5:41 pm **Posts:** 2107

NBC has posted the court's recent ruling in this case--Decision on Motion for Alternative Service and Motion for Temporary Restraining Orders. As is obvious from the title, it is not a ruling disposing of this case. Paige can't figure out how to serve President Obama (despite enlisting the services of a New Jersey process server) and wanted the judge to authorize alternative service. He also wanted the judge to order the parties to “cease and desist from any further (public) media discussion, speculation or further dissemination of information or documents relating to this action” He also requested a TRO to stop the SoS from printing ballots pending the disposition of this case. Not surprisingly, the judge denied each of these motions.

Piffle · **Posted:** Fri Sep 28, 2012 10:37 am

Thanks, AM.

From his holding that plaintiff has demonstrated little or no probability of success on the merits, this Judge makes it clear that he's hip to the body of birtherlaw, including Ankeny and Kerchner. To be sure, there's more rendering to be done before the case is dismissed in its entirety, but it is only a matter of tying up loose ends.

bob · **Posted:** Fri Sep 28, 2012 11:19 am

Quote:

NBC has posted the court's recent ruling in this case--Decision on Motion for Alternative Service and Motion for Temporary Restraining Orders.

The judge's citation to Kerchner v. Obama is interesting; I wonder if the judge knows Apuzzo is ghostwriting, litigated Kerchner, etc.

Ankeny, of course, continues to be the bane of birthers. $\:D/$

Adelante · **Posted:** Fri Sep 28, 2012 12:32 pm

Is anyone able to copy/paste here the TRO part? I can't snag it. Thanks.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23543

Docket Update...

Quote:

Court record: 61947
Vermont Superior Court
Washington Civil Division

______________________________________________________________________________

Docket No. 611-8-12 Wncv Paige vs. State of Vermont et al _____________________________________________________________________________

Case Type: Last judge: Robert R. Bent
Case Track: Not set Recused: None
Case Status: Active - Answer Due
Court/Jury: Court trial
Next Hearing:

=====================================================================

PARTIES

No. Role Litigant Name Attorney Name Telephone

--------------------------------------------------------------------------------

p# 1 plf Paige, H. Brooke Pro Se

p# 2 def State of Vermont Daloz, Todd J.W.

p# 3 def Condos, James Secretary of StaDaloz, Todd J.W.

p# 4 def Obama, Barack Hussein Candidate

=====================================================================

DISPUTES

DsptCase Name Disputants Dispo Date

--------------------------------------------------------------------------------

1 cmpl Declaratory Judgment p#1 v p#2

2 cmpl Declaratory Judgment p#1 v p#3

3 cmpl Declaratory Judgment p#1 v p#4

=====================================================================

MOTIONS/PETITIONS/REQUESTS FOR RELIEF

No. Type Status Judge Date

-------------------------------------------------------------------------------

1 M/for Alternative Service denied RRB 09/21/12

2 P/to Prohibit Further Dissemination denied RRB 09/21/12

================================================================================

08/27/12
1359262 - partyadd

H. Brooke Paige, Plaintiff.

1359263 - couprose
Notice of Pro Se appearance filed by Plaintiff H. Brooke Paige.

1359264 - partyadd
State of Vermont, Defendant.

1359265 - partyadd
James Condos Secretary of State, Defendant.

1359266 - partyadd
Barack Hussein Obama Candidate, Defendant.

1359267 - cvfile - status set to asd
Declaratory Judgment case filed by Plaintiff H. Brooke Paige against Defendant State of Vermont and Defendant James Condos Secretary of State and Defendant Barack Hussein Obama Candidate.

1359269 - letsent
letter advising of docket number assigned letter sent to Plaintiff H. Brooke Paige.

09/12/12 1360783 - entorder
Entry Order by Judge Robert R. Bent:. The Court accepts his filing as a notice that Mr. Paige is representing himself. Under Rule 3, the defen- dants must be served within 60 days of the filing of the complaint or this action may be dismissed. The court will take no further action in this case until the parties have been served properly.

1360786 - letsent
Copies of Order mailed to counsel letter sent to Plaintiff H. Paige.

09/18/12
Service complete on party(s) 2: personal service. Documents served: of Service serving Summons &; Complaint w/attachments.
Service complete on party(s) 3: personal service. Documents served: of Service of Summons &; Complaint w/attachments.

1361615 - mprfile
MPR 1) Motion for Alternative Service filed by Plaintiff H. Paige. Motion for Alternative Service. Documents filed: Declaration re: "Entry"; Statement by Judge Bent dated 9/11/12; and proposed order re: service of; process; proposed Order.

1361633 - mprjudge
MPR 1) Motion for Alternative Service given to Judge Robert R. Bent.

09/20/12 1361978 - document
4 documents filed for party 1: Plaintiff's Declaratry Statement; Relating to Petition for Order; Preventing Eminent Action by the; Division of Elections.

1361979 - mprfile
MPR 2) Petition to Prohibit Further Dissemination filed by Plaintiff H. Brooke Paige. Petition to Prohibit Further Dissemination. Documents filed: Petition to Prohibit Further Public; of Information Relating; to this Case; proposed Order; Attach.

09/21/12 1362093 - mpreo
Entry order re MPR's 1-2: 1) Motion for Alternative Service; 2) Petition to Prohibit Further Dissemination. M/Reaction Form. denied by RRB.

1362094 - note
Decision on Motion for Alternative service & Motion fortemporary Restraining Orders:ORDER - Mr. Paige's motion for alternative service as is his motion for temporary restraining order (see file for complete decision); Copy mailed to Mr. Paige( left message on this phone) & hand-given to State for Atty Daloz.

1362096 - letsent
Copies of Order mailed to counsel letter sent to Plaintiff H. Brooke Paige.

1362099 - couappr
Appearance entered by Todd J.W. Daloz on behalf of Defendant of Vermont and Defendant James Condos Secretary of State.

09/25/12 1362462 - mprfile
MPR 3) Motion to Dismiss filed by Defendant State of Vermont and Defendant James Condos Secretary of State. Motion to Dismiss.
Documents filed: Defendants' Motion to Dismiss.

09/26/12 1362681 - mprfile
MPR 4) Motion for Preliminary Injunction filed by Plaintiff H. Brooke Paige. Motion for Preliminary Injunction.
Documents filed: Motion for Injunctive Relief; Pltf's; Declarative Statement and Affidavit; Relating to Conduct by Bar Counsel of; the VT Supreme Court's Professional; Responsibility Program; Attachments.

09/27/12 1362875 - document
3 documents filed for party 1 [Plaintiff]: List of methods utilized to serve; Barack Obama; USPS Express Mail Service; Priority Mail; First Class Mail; FedEx.

Falsehoods unchallenged only fester and grow.

Vermont Ballot Challenge

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