Update: Response from the state defendants
Posted on | April 15, 2013 | 23 Comments
State defendants filed a reply where they are stating the following:They are not saying that Obama’s selective service certificate is not a forgery, they are saying that according to 5USC 3328 one cannot be appointed to the executive branch if he did not register with the elective service. They are stating that Obama was elected and not appointed, it does no matter, he can forged Selective Service certificate, it’s o’k
IV. PLAINTIFFS DO NOT STATE A CLAIM UNDER 5 U.S.C. § 3328.
Plaintiffs allege that President Obama’s selective service registration is a forgery, and that
he is therefore ineligible to serve as President under 5 U.S.C. § 3328. Dkt. 116 at 16. That
statute states that anyone born after 1959, and who fails to register under the Selective Service
Act, “shall be ineligible for an appointment to a position in an Executive agency.” This allegation
fails to state a claim for two reasons. First, the President was elected, he was not “appointed” to a
position “in an Executive Agency.” Second, the State Defendants have no warrant to enforce
federal laws governing appointments to federal agencies.
Another point that they brought, is that it is o’k to violate CA law in regards to elections, as long as the minimum Federal standards are observed.
In CA the offices of the registrar admitted to falsifying records and entering U.S. or USA for the place of birth and entering the birthdate, where it was missing.
They are saying that since the NVRA does not require the place of birth, the CA law requiring it can be violated.
See, if you can find any cases to that extend
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23 Responses to “Update: Response from the state defendants”
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April 15th, 2013 @ 4:20 pm
Dr. Taitz
There must be an effective counter argument. That would mean that if an illegal alien ran for president and was elected he could continue working on the job and not be deported. That is at least one logical hole that I see.
April 15th, 2013 @ 4:39 pm
In Arizona the DOJ and the Supreme Court said it was illegal for a State to enforce Federal Immigration Laws.
Now we have legal defense team for the State of California stating it is ok to violate State laws as long as minimum Federal Standards are observed.
Based upon above, I can only conclude that all State and Local laws that exceed the minimum Federal standards (consider the infringement of the 2nd Ammedment) do not have to be observed and it is ok to violate them.
Furthermore, I would also conclude that any law enacted by State or Local Legislation which is in excess of Federal Standards should be repealed immediately.
I wonder how many State Constitutions would be illegal if this argument was accepted?
April 15th, 2013 @ 5:23 pm
Just more proof of the rot infesting our government. If it no longer matters that one can commit fraud by creating a false identity and can be elected to our highest office then why the hell do we even maintain the charade of being a constitutional republic?
At this point it almost seems more than certain that a fight is brewing. One that will rip our great nation into pieces and pit brother vs. brother. I hope and pray that you Orly can be successful against all odds and finally get our leaders to wake up and see the course of their actions, the course of destruction that they are currently on.
April 15th, 2013 @ 5:49 pm
Ha Ha the form has a code printed right on it and that code is listed with the government printing office! the date that form was put into production was some years later in the 90s.
April 15th, 2013 @ 6:17 pm
what in the world are you saying
April 15th, 2013 @ 7:05 pm
In Spirit and intent of the Law. That supercedes it all.
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Would he not be considered to be appointed to run to be elected?
April 15th, 2013 @ 7:08 pm
There are three people who forged signatures to get him appointed to run and they are going to jail.
April 15th, 2013 @ 7:16 pm
That would be Burnett, Shelton and Blyth, and a Butch Morgon Indiana politicians put Obama and H. Clinton on an Indiana ballot to run. From what I understand, they even forged the Govenors signature on that petition. That is where it all started. These forgers are being tried and one has pled guilty. The whole thing started out as a lie and fraud in the first place. It seems they were appointed, however falsely, to run by forged signature. That should tie in and be considered.
April 15th, 2013 @ 9:36 pm
Obama was appointed by Nancy Pelosi to be their candidate, if elected then he would serve in the executive agency (White House) He was appointed before he was elected.
Ed O.
April 15th, 2013 @ 10:33 pm
The voters did not vote – appoint through their vote, a person they knew had a forged Selective Service Record.
If they admit that the Selective Service Registration is a forgery, Obama must say WHY was a forgery made ? Who made it ?
If Obama was willing to make a forged SSR, it would stand to reason that he also forged his Birth Certificate. The Question again is WHY if he is otherwise eligible to hold the office.
April 15th, 2013 @ 11:57 pm
What exactly is an “election” ?
If not individuals casting a vote to have a candidate “appointed” to an office .
Definition of appointed – selected for a job
The people vote for electors. Those appointed electors then cast their vote for a Presidential candidate. The electors are not bound by their states popular vote as they can cast their vote for either candidate. They are actually appointing/selecting the Presidential candidate of their choice.
April 16th, 2013 @ 12:09 am
Counter Argument:
Term limit amendment – US Constitution, Amendment XXII, Section 1 – ratified February 27, 1951
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
– Using Their argument – Obama could serve a third term, fourth term etc. If one can hold office by election when not eligible to by appointment, Then they can serve by appointment when not eligible to hold the office by election.
Example: Obama is not eligible to be elected to a third term. Biden runs for President in 2016 on the platform – elect me and I will appoint Obama. Biden wins election and “appoints” Obama President.
Obama’s lawyers claim he is eligible to hold the office because he was appointed not elected.
April 16th, 2013 @ 4:06 am
Orly, It is so hard to believe how far our government has gone to cover up for this fraud in the white house….Anybody in their RIGHT MIND can see whats going on… The evidence speaks for itself I hope that in the future when all this is cleared up.. The voters will take time out to do alittle research on who they are voting for… Basing their qualifications to do the job.Not by the color of their skin
April 16th, 2013 @ 4:08 am
Orly, It is so hard to believe how far our government has gone to cover up for this fraud in the white house….Anybody in their RIGHT MIND can see whats going on… The evidence speaks for itself I hope that in the future when all this is cleared up.. The voters will take time out to do alittle research on who they are voting for… Basing their qualifications to do the job.Not by the color of their skin
April 16th, 2013 @ 6:39 am
Hmmm. I always thought that forgery was a crime.
April 16th, 2013 @ 12:08 pm
Can it be proved that it was Obama who submitted the Selective Service registration? Is there concrete proof that it was Obama who signed his income tax form with the Social Security number of another person? If there is definite proof,…a court case should be presented and if found guilty, then, Mr. Obama should be sentenced and sent to jail. Removal from office should be the first step as our Constitution states that a President can be removed for high crimes or misdemeanors.
April 16th, 2013 @ 1:40 pm
it seems pretty clear, but again we need at least one honest judge to act, so far we did not encounter one judge with integrity
this is pretty nausiating
April 16th, 2013 @ 1:56 pm
So what I’m reading here from the state defendants is a play on words to obfuscate so Obama can achieve subterfuge. Pretty damn slimy.
April 16th, 2013 @ 2:40 pm
Dr. Taitz
I think Scott’s counter argument is a good one – #12. It seems that those challenging are also at the same time trying to do away with term limits. And that is a no-no per the Constitution.
April 16th, 2013 @ 9:09 pm
OK; what I’m saying is! All government documents have a code printed right on them and there is also the United States Government Printing Office and they can tell you when that document was put into production/printed and all government documents get reviewed and or up dated every so many years and a new code go’s with it when that happens! So look for the code and will be located on one of the corners and most of the time on the bottom corners.
April 17th, 2013 @ 12:13 pm
Dr. Taitz, I have posted my comment yesterday night or early morning today. It was awaiting moderation. I used another browther for posting
the comment. In that other browther my comment is still awaiting moderation. Below I reproduce the comment, just in case. You do not have to publish it twice. Thank you.
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A defendants’ motion to dismiss has no grounds. A proof follows.
Here is a brief of Orly’s summary of the defendants’ motion to dismiss:
[they are saying that according to 5USC 3328 one cannot be appointed to the executive branch if he did not register with the elective service. They are stating that Obama was elected and not appointed, it does no matter, he can forged Selective Service certificate, it’s o’k]
Still shorter: As Mr. Obama was “elected” and “not appointed” POTUS the selective service status 5 USC 3328 does not apply to Obama. Hence, Obama need not have selective service registration.
From the above summary, the motion to dismiss hinges on only one word that is used in selective service statute. That is “appointed” as in “one cannot be appointed to the executive branch”.
The defendants then suggest that if one is “elected” for a position in executive branch, then one is NOT APPOINTED” into that position.
However, the word ”appoint’’ has far broader meaning: it has the root “point” and means assignment of a person to a position (job), that is a “point” here. The meaning of “appoint” does not have any restriction with regard to how a person is selected for the position, i.e., for the ‘point”. For example a US president need not be elected. He may also be selected by means of constitutional law, e.g., the Speaker of the Senate can be assigned to the position president, in case of the impeached president.
The selective service statute in question intends to have broad applicability with regard to all positions in the executive branch of government, regardless of what the selection process is for each position. I think, because of the broad applicability of this statute, it has many restatements without the use of the word “appoint”.
For example the words “eligible” and “precondition” are used instead of “appointment” in the Government restatements of the statute below. These words are put between **…** below:
1) https://www.sss.gov/FSbenefits.htm
FEDERAL JOBS
A man must be registered to be **eligible** for jobs in the Executive Branch of the Federal government and the U.S. Postal Service. Proof of registration is required only for men born after December 31, 1959.
2) In many states the statute in question is adopted with different wordings. In all cases the word “appoint” is not used. A few examples are below among many listed in the indicated government website.
https://www.sss.gov/fsstateleg.htm:
Alaska: Requires men to register with the Selective Service System as a **precondition** to state employment,…
Delaware: …Requires Selective Service registration as a **precondition** for state employment and state student financial aid. Signed by Gov. Michael N. Castle in 1986….
Florida: A law signed by Gov. Bob Martinez in 1988 requires registration as a **precondition** for state employment.
Georgia: …A law signed by Gov. Zell Miller effective, July 1, 1998, requires proof of registration as a **precondition** for state employment….
Idaho: Young men must be registered to be **eligible** for state employment…
To conclude, Obama is generally considered elected into POTUS. Saying “elected” is consistent with being phrased as “appointed” into POTUS by means of election. Hence, the selective service statute 5 USC 3328 does apply to Mr. Obama as an appointee, i.e. being selected by means of voters’ election. It follows Mr. Obama has to have selective service registration. The forgery of a registration is not acceptable.
April 18th, 2013 @ 12:10 pm
The truth is we will not know the truth .Obama will serve out his time in office. .That is exactly what is going to happen .No Judge will seriously look into the case, they will get a call from the white house saying drop it and receive your 200,000 dollar a year check and your great benefit package .
We know is a fraud and said it from day one .Nothing we can do but wait another 3 years and see what other puppet is replaced for wall street and corporations and politicons to control the people ! Do yo think lee harvey oswald killed Kennedy ? Hell no, he was the scape goat as it was an inside job , even today we still do not know the truth .
April 18th, 2013 @ 4:01 pm
Dear Don #22
A great sage has said “Think good and it will be good.” There are facts and then there is reality. The facts are that a little known “senator” emerged out of nowhere. He ran for office challenging someone who was very well known and also the wife of the former President. The facts say that he should not have won that election. But he did. And he won re-election even though the economy is dismal. That is the reality. So too we may have the facts that support that nothing will change the situation and then out of the blue something happens to change it. That is called Belief in the Almighty.