Communique From The Liberty Legal Foundation On The Obama Eligibility Case.

[M]

Is the Judicial Branch Dead?

Redacted,

One of my earliest childhood memories is of my parents talking about Nixon and
the Watergate scandal. I remember the newspaper headline: “Nixon Resigns!”
President Nixon’s fight against court subpoenas made international news.
Yesterday President Obama completely ignored a court subpoena, and the world
shrugged.

Obama’s behavior yesterday is even more disturbing than Nixon’s. Nixon at least
respected the judicial branch enough to have his attorney’s show up in court
and follow procedure. Nixon’s fight in the courts followed existing law. Nixon
acknowledged the authority of the judicial branch even while he fought it.
Obama, on the other hand, essentially said yesterday that the judicial branch
has no power over him. He ordered his attorneys to stay away from the hearing.
He didn’t petition a higher court in a legitimate attempt to stay the hearing.
Instead he showed complete contempt for the entire judicial branch and for the
rule of law. Rather than respecting the legal process, Obama went around the
courts and tried to put political pressure directly on the Georgia Secretary of
State. When that failed, he simply ignored the judicial branch completely.

The rule of law, and our three-branch system of government, now hang in the
balance. If the Georgia court issues a ruling on the merits and an order
finding Obama in contempt of court, and if that contempt order actually results
in real punishment of some kind, then we will still have a Constitutional
Republic. If this doesn’t happen, then Obama will have been rewarded for
showing complete contempt for the judicial branch.

Understand that the goal of the Georgia ballot challenge was to have a court
rule on the merits of the Constitutional question: Does the term “natural born
citizen” in Article II of the Constitution require a Presidential candidate to
have two parents that were U.S. citizens at the time the candidate was born?
Obama wants to avoid having a court rule on this question. That is why he
didn’t show up and ordered his attorneys to not show up. Obama was hoping that
the Georgia court would enter a default judgment rather than rule on the
merits. If the court enters a default judgment, Obama will have succeeded in
avoiding the Constitutional eligibility question. He will then appeal the
default judgment, get the appellate court to suspend the default judgment
pending appeal, and then delay the appeal until after the primary. This is
undoubtedly Obama’s plan.

If the Georgia Court rules that Supreme Court precedent must be followed and
therefore Obama simply does not meet the minimum Constitutional requirements to
hold the office of President, then we will at least have succeeded in finding
one court in the nation willing to do its job. If that court finds Obama in
contempt of court, then we still have three viable branches of government. The
Georgia court has the authority to do both of these things. The world should be
holding its breath.

Unfortunately the world is apparently unaware that our great Republic is on
life support. The Roman Empire died a slow death. It’s death was so gradual
that few people living at that time probably noticed the individual events that
marked the death throes of that great empire. Apparently the same is true of
America. Yesterday marked a stunning turn of events in the constant power
struggle between the three branches of our government. Our President openly
showed that he believes he is completely above the law. I wonder if the court
even noticed its own death certificate. We will see in a few days.

I will certainly try to explain this to the court in our proposed findings of
fact and law that the court requested we file before February 5th. Please pray
with me that Judge Malihi rules on the merits of our case.

All of your encouragement and prayers have been greatly appreciated. They are
needed even more over the next few weeks. This battle is FAR from over. And it
has taken on importance beyond what we predicted (which is truly astounding).
Please tell everyone you know about Obama’s contempt of the judicial branch.
Please explain to them what it really means. Even those that agree with Obama
politically and disagree with our ballot challenge should be shocked, appalled,
and scared of Obama’s contempt for the judicial system.

In Liberty,

Co-Founder

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SIDE BAR

Many of you have asked about how the Minor v. Happersett definition of natural
born citizen effects the eligibility of Mitt Romney and Marco Rubio to be
President. First, let me reiterate that the Constitution should be applied to
everyone equally. So, if Mitt, Marco, or anyone else meets the definition of
Natural Born Citizen, they meet the minimum Constitutional qualifications to
serve as President. If they don’t, they don’t.

The definition of Natural Born Citizen, as defined by the Supreme Court, has
two elements: 1) you must be born in the U.S.; 2) both of your parents must be
citizens of the U.S. at the time of your birth. If both of these elements are
fulfilled, you are a Natural Born Citizen. Assuming Mitt was born in the U.S.
and both of his parents were U.S. citizens at that time, then he is a NBC. I’ve
been told, but don’t know for sure, that Marco was born here, but that his
parents didn’t naturalize until Marco was 14 years old. If this is true, then
Marco Rubio can never be a Natural Born Citizen. He can be a Senator, his
children could be President, but Marco doesn’t meet the minimum Constitutional
qualifications to be President. This means that he can’t be VP either.

Understand that this is a Constitutional matter. It has nothing to do with the
experience, value, or skills of the individuals. Our Constitution simply says
that you must meet the Natural Born Citizen requirements or you cannot be
President.

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