BY LINDA BENTLEY | DECEMBER 7, 2011
Liberty Legal Foundation keeps argument simple on eligibility
Arpaio insinuates Cold Case Posse’s investigation ‘will not disappoint’
PHOENIX – The Arizona 2012 Project hosted special guests during its Monday evening meeting, which drew attendees from across the state.
Chairman Ron Ludders introduced constitutional Attorney Van Irion of the Liberty Legal Foundation (LLF) and Republican presidential candidate John Dummett (pronounced Dumay), the lead plaintiff in a class action complaint filed against the National Democratic Party, challenging president Barack Obama’s eligibility.
Irion said they have filed an action in Tennessee state court as well as the class action complaint and motion for preliminary injunction filed in U.S. District Court for the District of Arizona.
He said the Tennessee complaint should serve as a model for complaints for all 50 states, as funding becomes available.
Quoting Thomas Paine, Irion said, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.”
He went on to say, “Our founding fathers gave us the Constitution because they knew government was evil.”
Irion briefly touched on the LLF Obamacare class action suit, which also took a different approach than other lawsuits that have primarily challenged the individual mandate.
He said the case challenges a 1942 U.S. Supreme Court decision in Wickard v. Filburn that recognized the authority of the federal government to regulate economic activity.
Interpreting the U.S. Constitution’s Commerce Clause under Article 1, Section 8, which permits Congress “to regulate commerce with foreign nations, and among the several states, AND WITH THE Indian tribes,” the Supreme Court decided Filburn’s wheat growing activities, by growing additional wheat for his farm’s chicken feed, reduced the amount of wheat he would buy on the open market and, since wheat was traded nationally, Filburn’s production of wheat in excess of the amount he was allotted to grow affected interstate commerce, and thus could be regulated by the federal government.
Irion said the Wickard decision has morph into the federal government regulating inactivity, as in Obamacare.
He said, “Our lawsuit says Wickard is wrong and should be overturned. It’s about saving the country at this point.”
Irion has taken a completely different approach to the eligibility issue and rather than naming Obama and other elected officials as defendants, who can claim immunity and draw from what appears to be a bottomless pit of resources, the LLF has sued the Democratic Party, a private entity unable to claim immunity.
He said all the other Obama eligibility cases have fallen to procedural issues – thrown out because the person bringing the case has no standing.
“We’re certainly interested in all the issues,” said Irion, adding, “But who cares how you interpret the Constitution if you can’t enforce the Constitution.”
While several lawsuits have tried to sue the secretaries of state, Irion said, “They don’t have the authority.”
He also said Arizonans can thank Governor Jan Brewer for that, referring to the legislation she vetoed that would have granted such authority.
The LLF lawsuit cites the 1875 U.S. Supreme Court decision, Minor v. Happersett, in which the court defined “natural-born citizens” as “all children born in a country of parents who were its citizens.”
The LLF’s motion for preliminary injunction states, “Because it is undisputed that Mr. Obama’s father was not a U.S. citizen, Mr. Obama can never be a natural-born citizen, as that term was defined by the U.S. Supreme Court. Therefore Mr. Obama cannot meet the constitutional requirements to hold the office of President.”
According to Irion, any representation by the Democratic Party that Obama is constitutionally qualified to hold the office of President would constitute “negligent misrepresentation or fraud.”
The motion, Irion says, relies upon “uncontested facts and a Supreme Court-defined term.”
The complaint seeks to enjoin the defendants from issuing any letters, certificates or other documents to any secretary of state of any state indicating Obama is qualified to hold the office of President, selecting Obama as its presidential candidate, or requesting Obama be placed on any ballot for the office of President of the United States for the 2012 general election.
Dummett told the audience, although “there’s no difference between the parties anymore,” he considers himself a “Barry Goldwater Republican.”
He said his goal is to enforce the Constitution and return the power to the states and to the people.
“We can take it back,” said Dummett, referring to our country, “We outnumber them.”
Irion said anyone interested in joining the class action lawsuits may do so by visiting LibertyLegalFoundation.org.
Irion called the Constitution an “anti-democratic document,” stating, “Principles do not fall to popularity.”
Maricopa County Sheriff Joe Arpaio arrived toward the end of the meeting to a standing ovation.
Referring to the Obama investigation, he told the audience, “The posse – They’re doing pretty good on this case. Something fishy is going on. Where there’s smoke there’s fire.”
Arpaio said the investigation was progressing and stated, “I’ve got a gut feeling there’s a little cover-up … We’re not out to hang anybody. I’m just doing my job.”
Noting MCSO may be the only law enforcement agency in the country looking into the issue Arpaio said even the Republicans don’t like what he’s doing.
He asked, “Why wouldn’t they want to get to the bottom of this?”
While he’s doing the investigation at the behest of the people of Maricopa County, Arpaio said, “If it affects the whole nation, that’s not my fault. I think people deserve to know the real story. Maybe there’s nothing to it. But, I don’t know. It doesn’t look good.”
Although MCSO doesn’t have subpoena power in Hawaii, he mentioned the Nordyke twins, born the day after Obama at the same hospital, have birth certificates produced from microfilm and said he wants to see Obama’s birth certificate on the same microfilm.
He said, “I think we’re going to have enough to show there’s something to it.”
Arpaio said, “I’m not doing this for politics,” and joked, “I can get elected with pink underwear. I’m doing it because it’s the right thing to do.”
He stated what the posse was doing was interesting and said, “My guys are pretty good. Forget the birth certificate. We’re looking at other things. We’re going to do something – I promise you,” and said their investigation “will not disappoint.”
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Alluding Obama could conceivably be an illegal alien, which he said was “not that far off,” Arpaio chided the mainstream media for ignoring the issue and said, “I know what I’ll do; I’ll get on Twitter tomorrow and Facebook.”
Maricopa County Sheriff Joe Arpaio arrived toward the tail end of a special Arizona 2012 Project meeting at the Elks Lodge in north Phoenix on Monday, where he amused attendees while updating them on the Cold Case Posse’s investigation of Obama. Photos by Linda Bentley
