Connect with us

Constitution

Obama eligibility: NJ ALJ ducks issues

Published

on

The Obama birth certificate. Why is this still accepted as valid? The Birther movement still matters, for the precedent.

In the latest Obama eligibility challenge, an Administrative Law Judge cleared Obama for the New Jersey Democratic Primary today. The two men who objected to Obama’s nominating petition vowed to appeal.

Obama eligibility issues

Nick Purpura of Wall Township, NJ, and Ted Moran of Toms River, NJ, filed their objection Thursday with the New Jersey Board of Elections. Lawyer Mario Apuzzo of Jamesberg, NJ, delivered the brief and spoke directly to Robert Giles, Director of Elections. Apuzzo argued Purpura and Moran’s case today (Tuesday, April 10) at the Office of Administrative Law in Mercerville. The Elections Division notified the Obama campaign at once, and they sent their own lawyer, Alexandra Hill, to appear. Administrative Law Judge (and Associate Director of the OAL) Jeff Masin presided.

Purpura and Moran objected to Obama appearing on the June 5 Democratic Primary ballot on two grounds:

  1. No one knows exactly who Barack H. Obama is, because he has had three different names in life. Furthermore, he has never furnished a true copy of his birth certificate to the Secretary of State. So no one can be sure that Obama was born in the United States.
  2. Obama’s father was a British colonial subject. He not only was not a naturalized citizen on the alleged date of Obama’s birth, but indeed never sought naturalization. Therefore Obama could never be a natural-born citizen no matter where he was born.

Ms. Hill offered no evidence, but spent her time objecting to the entire case, to every witness whom Apuzzo called, and every document he tried to introduce. In every specific case, she said that the documents were neither originals nor certified copies. More generally, she said repeatedly that New Jersey law did not obligate Obama in any way to prove that he was eligible to the office of President. The only grounds for challenging a nominating petition, said Hill, were whether the petitions were in the proper form, all who signed were registered voters, no voter signed more than one petition, whether the campaign gathered enough signatures, etc.

Apuzzo countered that the New Jersey Constitution and at least one case on point (Strother, 6 NJ @ 565), obliged the Secretary of State to find affirmatively whether a given candidate was qualified for the office he or she sought, or not.

A surprise admission

Mario Apuzzo, arguing the latest Obama eligibility challenge

Mario Apuzzo walks toward the Office of Administrative Law with his two clients. Photo: CNAV.

About two-thirds of the way through the hearing, Hill admitted in open court something that no lawyer for the Obama campaign has ever admitted. Obama never furnished a true copy of his birth certificate to the New Jersey Secretary of State. Furthermore, the PDF file that the White House has served to the Internet since April 27, 2012, is not relevant to the case in any way.

Hill conceded this point after Apuzzo tried to call Brian Wilcox, an expert document analyst. He was ready to show that no one could rely on the PDF file as a substitute for a hard-copy long-form birth certificate. But Judge Masin said at once that neither he nor Secretary of State Kim Guadagno had ever seen a birth certificate, whether on paper, as a PDF file, or on the Internet. He told Apuzzo that calling Wilcox would be “premature.”

Then Masin turned to Hill and asked her directly:

Is it your legal position that the document on the Internet is irrelevant to this case?

Hill replied, “Yes.” Masin then asked:

And indeed you concede that Mr. Obama has not produced an alleged birth certificate to the Secretary of State.

Hill at first said, “It has been released nationally,” but then admitted that she did not know personally that Obama had given any such document to the Secretary of State, nor did she intend giving such a document to the court today. But she also argued, after Judge Masin asked her repeatedly, that Obama need not produce any evidence at all.

Apuzzo told CNAV during a recess in the hearing that this was the most stunning thing that any lawyer for Obama had ever admitted, in an Obama eligibility case or in any other case. When the hearing finally adjourned at 12:30 p.m., Apuzzo was confident of prevailing on this point. He observed that Hill, after objecting to everything that Apuzzo tried to introduce into evidence, offered no evidence on her own behalf and even admitted that the infamous PDF document was legally worthless.

A shocking turnabout

Judge Jeff Masin heard the Obama eligibility case in New Jersey

The Hon. Jeff Masin presides at the latest Obama eligibility hearing. Photo: CNAV

But the judge shocked Apuzzo when, at 6:26 p.m., Apuzzo opened his e-mail to find a message from Masin saying that the Obama campaign had prevailed on both points. Said the judge, in so many words:

As far as I’m concerned, Obama was born in Hawaii.

Apuzzo could not explain how Judge Masin could rule that way, after observing in open court that neither Obama nor his surrogates had shown that he was born in Hawaii.

Within two hours, according to a deadline that Masin gave him, Apuzzo filed an exception to Masin’s ruling. Apuzzo took exception to the following:

  1. Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
  2. Judge Masin ruled that Obama need not comply with statute to show that he is eligible, solely because he need not “consent” to someone circulating a nominating petition for him.
  3. The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
  4. The judge misread the precedents and gave short shrift to the historical evidence that the Framers of the Constitution defined “natural-born citizen” as one born in-country to two citizen parents. Apuzzo devoted half of his 30-page exception to this analysis alone.

Apuzzo plans to appeal directly to the Appellate Division of the New Jersey Superior Court. He earlier told CNAV that he was ready to argue before the State and even United States Supreme Courts if he had to.

[ezadsense midpost]

Related:

[amazon_carousel widget_type=”ASINList” width=”500″ height=”250″ title=”” market_place=”US” shuffle_products=”True” show_border=”False” asin=”B00375LOEG, 0451947673, 0800733940, 0062073303, 1595230734, 1936218003, 0981559662, 1935071874, 1932172378, 1936488299″ /]

[ezadsense leadout]

Editor-in-chief at | + posts

Terry A. Hurlbut has been a student of politics, philosophy, and science for more than 35 years. He is a graduate of Yale College and has served as a physician-level laboratory administrator in a 250-bed community hospital. He also is a serious student of the Bible, is conversant in its two primary original languages, and has followed the creation-science movement closely since 1993.

CATEGORY:Constitution
62 Comments

62 Comments

  1. Pingback: Conservative News and Views Reports NJ Judge Masin Rules Against Objectors and for Obama « CDR Kerchner (Ret)'s Blog

  2. Pingback: Obama Wins Again

  3. JT

    April 11, 2012 at 7:40 am

    As much as you’d like it to be, there is no conspiracy. It’s a simple fact that – as in Georgia – the birthers have no case to offer. This applies to both the country of birth and the natural born citizen stuff.

    Adults would accept the court’s ruling and move on. Sadly it seems as if all the birthers can do is slate the justice system (which would, of course, be a WONDERFUL system if it found in their favour).

    It’s time to face reality – birtherism is dead. It always was dead. It’s time to move on. Maybe by focusing on some real issues for once.

    • Terry A. Hurlbut

      April 11, 2012 at 7:49 am

      Except for one thing: there is only one way that anyone can really lose to an empty chair, and that’s if the system is rigged.

      Challenges will crop up all across the land. In the meantime, this case is headed for the Appellate Division of the NJ Superior Court.

      • jefftavolieri

        April 11, 2012 at 9:37 am

        Yes, it’s rigged, but that’s the point. We want this man to be our president, Terry. I don’t care if he was born on the moon. Obama is what is best for this country at the time and the courts agree unanimously. It’s people like you who spur the will of the people (and the courts) who make me sick. If the best man to lead this country out of the mess conservatives got us into isn’t a “natural born citizen”, who in their right mind would care? Only a bigoted racist, that’s who.

        • Terry A. Hurlbut

          April 11, 2012 at 12:33 pm

          I appreciate your candor. Really, I do. So refreshing. I do so respect brass more than hypocrisy.

  4. Pingback: MoreMonmouthMusings » Blog Archive » Administrative Law Judge: Obama Eligible For NJ Ballot

  5. rpeh

    April 11, 2012 at 1:16 pm

    Terry, even one of your fellow birthers realised this case was doomed from the start. Read this post from “Give Us Liberty”: http://giveusliberty1776.blogspot.co.uk/2012/04/message-from-dwight-kehoe.html

    That post identifies two key problems with your friends’ suit:

    1) There’s no requirement in New Jersey law for anyone to prove who they are. You might not like his birth certificate, but Obama could have submitted a piece of paper with “birf cirtifikut” written on it in crayon and it wouldn’t matter.

    2) Obama isn’t standing for election in New Jersey – you’re electing delegates.

    In other words, appeal all you like but it isn’t going anywhere.

    • Terry A. Hurlbut

      April 11, 2012 at 4:39 pm

      The delegates shall be bound to vote for a specific person whose name appears on the ballot. If the delegates were running under their own names, you would have an argument.

      The other author ignores the Strothers case. As did the judge. That’s what Purpura and Moran will bring up on appeal.

  6. Pingback: Obama eligibility: NJ ALJ says Obama need not prove eligibility | NewJerseyNewsPress.com | New Jersey News Headlines and Breaking News | News Directory

  7. Pingback: Judicial Cowardice - A Stench Rolling Across America | Constitution Party of Texas

  8. Pingback: Obama Admits In Court Birth Certificate Is Forged! | _

  9. tonyscott317

    April 19, 2012 at 12:03 pm

    I like this site since I see both sides being presented – some very polarized, but nonetheless different. I used to be on the side that didn’t pay much attention to the BC issue until such a blatant fraud was coughed up and seriously put out there as the real deal. I very experience with Adobe, although I wouldn’t call myself an expert. Even so, it was obvious within the first 30 seconds that this was bogus not even counting the other amateurish missteps in the document.

    What I find troubling is everything else here. I couldn’t care less if someone wears a blue jacket or a red one since that’s just a distraction that have been given to us to kick around while the real issues play out behind the curtain. What I DO care about is adherence to the US Constitution and the rule of law. I had big problems with that under Bush, but now I have ENORMOUS issues on steroids.

    When any of you look at the staggering debt accumulated since 2006, the downgrading of our national credit rating, the explosive growth in the federal government (which only has 14 enumerated powers), the dismissal of the checks and balances we’ve had for over two centuries, the federal take-over of banks, car companies, insurance companies, and on and on and on – don’t you get just a little concerned? Don’t you see the bigger picture?

    If you’re not a paid anti-blogger, time to connect some dots here.

  10. Pingback: Obama officially ineligible

  11. Nathaniel Roubideaux

    April 19, 2012 at 2:23 pm

    Apuzzo’s claim that Stothers v. Martini, 6 N.J. 560 (N.J. S. Ct. 1951), “obliged the Secretary of State to find affirmatively whether a given candidate was qualified for the office he or she sought, or not” is breathtakingly wrong. I don’t think either of you read the case. At all.

    In Stothers, the clerk of the city of Passaic refused to accept petitions for nomination of Stothers (not Strothers) because he didn’t qualify for office according to the express language of the relevant statute: “Each member (of the commission) shall have been a citizen and resident of the municipality for at least two years immediately preceding his election, or shall have voted in such municipality at the two general elections immediately preceding his election.”

    The plaintiffs argued that the clerk’s refusal to accept their petitions violated their constitutional right to nominate whoever they wanted. Though it’s immaterial, it’s unclear which constitution they’re talking about, as the case was decided with reference to the New Jersey constitution. The New Jersey Supreme Court’s task was to decide “the constitutionality of R.S. 40:72-1, as amended, N.J.S.A. and in resolving this issue we need only decide whether the Legislature may prescribe reasonable qualifications for elective municipal offices and, if so, whether the requirements of the statute in question are reasonable.” Thus, the court was only deciding whether the NJ constitution permitted a municipality to enact a statute that expressly set qualifications for office where the constitution was silent on such qualifications: it did. The court did not decide, nor was the issue even presented, whether a candidate nevertheless has some independent obligation to prove he is qualified for office where the operative statute clearly doesn’t say he does. In other words, the court disagreed that the NJ Constitution, which said nothing about qualifications for commissioner, trumped the municipal statute, which did.

  12. Pingback: Obama officially ineligible | The Shiny Bastard

  13. Pingback: Obama Officially Ineligible | SHEEPDOG REPORT 2012®

  14. Pingback: Obama officially ineligible? | Political Pie Hole

  15. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake

  16. Pingback: Obama Attorney Admits Birth Certificate a ” Forgery” «

  17. Pingback: Obama officially ineligible - ALIPAC

  18. Pingback: Obama's Birth certificate. - CycloneFanatic

  19. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake

  20. Pingback: Obama Lawyer Admits Forgery but disregards “image” as Indication of Obama’s Ineligibility Damage Control | tatoott1009.com

  21. Pingback: BREAKING NEWS: Obama’s Own Attorney’s Are Forced to Admit Obama’s Birth Certificate is a Fake « Off My Front Porch-Conservative Ranting

  22. Pingback: Does It Matter If The Birth Certificate Is a Fake? | BullDog Pundit

  23. Pingback: Obama officially ineligible? His Attorney Claims Birth Certificate is Forged! | Letting Freedom Ring

  24. Pingback: Obama admits Birth Certificate was a fake! | Is the End soon?

  25. Pingback: This is a Shocking Article – Obama officially ineligible | Michiana Voice

  26. Pingback: Obama officially ineligible » Truthfiles.net

  27. Pingback: 4/23/2012 — UPDATE on Quadri-polar sun — May 2012 polar reversal = Last occurred 300 years ago | tatoott1009.com

  28. Pingback: Obama Regime is in Shell Game Mode to Keep Obamacare from Gutting Medicare | Random Ramblings from IowaDawg

  29. Pingback: CITIZENS DEMAND INVESTIGATION INTO OBAMA ELIGIBILITY REQUIREMENTS FOR PRESIDENT AND SECOND TERM RUN « sreaves32

  30. Pingback: OBAMA LAWYER ADMITS BIRTH CERTIFICATE IS A FORGERY; OBAMA OFFICIALLY INELIGIBLE? « sreaves32

  31. Pingback: Obama officially ineligible | The View From Montana

  32. Pingback: Obama eligibility: Arpaio won't quit - Conservative News and Views

  33. Pingback: Obama eligibility: Arpaio in Florida - Conservative News and Views

  34. Pingback: truth about Snopes « cwwrants

  35. Pingback: Obama eligibility and national security - Conservative News and Views

  36. Pingback: Obama eligibility and Electoral College - Conservative News and Views

  37. Pingback: Obama officially ineligible « The Betrayed

  38. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake | Susanne Posel

  39. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake |

  40. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake | Zionist Outrage

  41. Pingback: Lawyers for the Obama Administration announced that Barack Obama’s long form birth certificate was a forgery. He must think that by dismissing it that he can make it go away. He was absolutely correct!! | Family Survival Protocol - Microcosm News

  42. Pingback: Lawyers for the Obama Administration announced that Barack Obama’s long form birth certificate was a forgery. Apparently Republicans liked the way ineligibility turned out for him and they are looking to use it for Ted Cruz! | Family Survival Protocol -

  43. Pingback: Lawyers for the Obama Administration announced that Barack Obama’s long form birth certificate was a forgery. Apparently Republicans liked the way ineligibility turned out for him and they are looking to use it for Ted Cruz! | Family Survival Protocol -

  44. Pingback: Lawyers for the Obama Administration announced that Barack Obama’s long form birth certificate was a forgery. Apparently Republicans liked the way ineligibility turned out for him and they are looking to use it for Ted Cruz! | Family Survival Protocol -

  45. Pingback: Lawyers for the Obama Administration announced that Barack Obama’s long form birth certificate was a forgery. Apparently Republicans liked the way ineligibility turned out for him and they are looking to use it for Ted Cruz! | Family Survival Protocol -

  46. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake It's Time To Unite

  47. Pingback: Jewish Watch Australia » Obama’s Lawyers Officially Admit Birth Certificate is Fake

  48. Pingback: Obama eligibility: ALJ makes new law | Conservative News and Views

  49. Pingback: Obama Lawyer Admits Forgery but disregards “image” as Indication of Obama’s Ineligibility Damage Control & Bill O’Reilly Lies Again – Tat's Revolution

  50. Pingback: HANDS UP! DON'T SHOOT!

  51. Pingback: Exclusive: Atty. Mario Apuzzo Provides Update on Cruz Eligibility Challenges in New Jersey | The Post & Email

  52. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake – Nevo News

  53. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake - Fresh News

  54. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake – celebcritique

  55. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake – UsaFirstInformation

  56. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake - USA HEALTHY LIFE

  57. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake | FocusNews

  58. Pingback: Obama’s Lawyers Officially Admit Birth Certificate is Fake – Magazine For Life

You must be logged in to post a comment Login

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Trending