How does mocking his "more competent" lawyers equate to supporting Orly? That's a stretch. Me thinks Dean is obsessed with Lady Liberty.

Get a room you two!

Well, the Court did state



So, once nominated will President Obama have to provide proof under NJ law?

OBC: NJ Ballot Challenge Ruling

More on the Wong Kim Ark "domicile" argument.

While arguably both of Wong's parents were domiciled in the U.S., neither was eligible for citizenship. How does that trump BHO's situation, where one of his parents was a citizen?

Of course, they ignore the fact that a procedure is laid out for implementation, right in the Constitution - that Congress certifies the election of the President, and it even gives a redress if the President fails to qualify - that the Vice President act as President until the President has done so.

Again, the fact that the birthers don't like that option, doesn't mean it isn't there.

[/quote]


looks like OBC found one of Orly's rogue commas!

I don't think it does. Like I said, I think it is a losing argument but a better argument than they have been making. However, there are some serious people who have made it with respect to Wong Kim Ark such as Erler, Eastman, Schuck and Smith. The theory is that the state of public law set forth by Twiss and other 19th century writers was that, as a matter of public law, the condition of the child followed the domicile of the father. There is little evidence that anyone in the US followed such theory or thought citizenship was determined by public law rather than municipal law. However, Sen. Trumbull, when he intorduced the citizenship clause of the Civil Rights Act in 1866, said that children of temporary residents should be excluded, though such notion was rejected by Sen. Wade the only time it came up in the 14th Amendment debates. In addition, Justice Story at least suggested a domicile requirement though he never stated it was actually US law. The bottom line is there is at least enough authority to make a good faith argument as has been set forth in a number of law review articles. However, still a losing argument.

Well, a commenter at ORYR has it figured out. All this isn't going to matter soon anyway.





Yeah, I have a thought, you're a f'g moron.

While we wait for the Secretary of State/Lieutenant Governor's decision, a little background on Kim Guadagno.

She's a former AUSA (which is probably why Christie chose her to run with him, he loves him some AUSAs in his administration) and a former Monmouth County Sheriff. I wonder how many birthers know that.

Also, too, her husband is a Superior Court Judge.

Over at ORYR, Kirchner spouts:



Yeah, that always works.

http://obamareleaseyourrecords.blogspot.com/2012/04/judge-masins-emperor-has-no-clothing-on.html

It's worked for Kerchner every time so far hasn't it?

Oh.

My non legal contribution as to why Mario citing Stothers 6 NJ was inappropriate

PS: The case is incorrectly quoted as Strother on some birther sites.

I believe Judge Masin ruled against the case based exclusively on New Jersey's Statutes. A Candidate for President in a primary has no part in the process unless they want to be left off of the ballot.

Judge Masin added the section on Ankeny and Wong to tell the birthers not to come back with a general election challenge.

Did anyone see the exhibit list?

P-1 Letter dated July 29, 2010, from Rolbin to Strunk with attachment

I believe this is Strunk's FOIA Response with the "Soebarko" application.

P-2 Computer printout—“Daylife”

This appears to be the famous "Barry Soetero" Indonesian school registration. WND Link

P-3 Photocopy of pages of Obama’s High School Yearbook—“OAHUAN1979”

It appears that Apuzzu went with the "what's his real name" argument from Orlylaw with an added clause that he is actually "Barry" Obama. This might have been the section Purpura or Moran had to force Apuzzo to introduce since I don't remember Apuzzo presenting these items anywhere else.

There was also a footnote on rejected exhibits.


Was Apuzzo forced into using Orlylaw by his clients?

I'm sorry, when a judge tells me to sit, I sit. [On the other hand, I try to wear a three piece suit to trial because as long as the vest is buttoned, you don't have to button your jacket every time you jump up.]

I think this is an official threadjacking.

ORYR comment:

This is all over Birferstan:

You know what I can't find?: (1) The ALJ actually saying that; and (2)Apuzzo saying that's what the ALJ actually said.

I suspect Apuzzo told someone that the ALJ -- in essence -- believed Obama was born in Hawaii by the virtue of the decision. But nowhere in the ALJ's decision does that phrase appear. And if it was conveyed in another manner, there are no corroborating details or confirmation.

The ALJ was supposed to have said this over the phone. It's earlier in this thread somewhere.

Go back and read the original article; this 7:30 call has been scrubbed. Instead, the article now reads:

I didn't hear the judge tell the lawyers to sit, he just said standing was not necessary. I still do it when I address the court. Hey, but what do I know?

There is a passage in the decision that can be misread that way:



Of course, the birthers are no closer to the right meaning than they were for the Lakin "embarrassment" fiasco.

Although issue 2 was described as:



and



and



Reading Mario's petition it appears to me that he was somewhat sloppy in his arguments. Birth on soil was something argued Obama had not proven sufficiently to the SOS but it was not argued that this was a reason that he was not a natural born citizen per se. Interesting, Mario may have brought this all upon himself by his arguments which appear to be a mix of Purpura/Arpaio material and his favority "birth to two citizen parents" arguments.

The judge is taking 'judicial notice' of rulings in other courts that have found Obama to be natural born and which rejected the two citizen parent argument.

The natural born decision is with respect to Apuzzo's limited argument that it requires two citizen parents.

I really think that Mario did well. It only took an empty chair to beat Orly, they had to bring out the big gun to beat Mario, a 1st year graduate lawyer. Not to disparage her abilities.
I remember when Ankeny was decided and we thought it was great. Not one of the birthers took any notice and when I mentioned it to anyone they went "uh". Well it certainly has come round to bite them on the arse. I do feel sorry for Mr Ankeny. Every time a challenge is made his name is mentioned as supporting the President. The only regret that I have is that Carl Swenson had not been in Mr Ankeny's place. That would have been delicious irony to hear his name mentioned all the time. Give it time, maybe that will come.
Regards .........Dick

If the courts could do something like that, the SovCit movement would pretty much be over and done with by now...

Supposedly the entire hearing...