BY LINDA BENTLEY | DECEMBER 26, 2012
The Grinch who stole justice
Judge Kevin J. Carroll based his order on a ruling by a fictional judge in the 1947 Christmas film classic ‘Miracle on 34th Street’
TALAHASSEE, Fla. – Readers may recall the 2009 case Hollister v. Obama in which U.S. District Court Judge James Robertson summarily dismissed a complaint filed by Attorney John D. Hemenway on behalf of Gregory Hollister raising the question of President Barack Obama’s eligibility.
Robertson stated Obama’s eligibility had been “blogged, texted, twittered and otherwise massaged by America’s vigilant citizenry,” relying on internet blogs in lieu of actual evidence.
On Dec. 20, 2012, Leon County, Florida Circuit Court Judge Kevin J. Carroll followed suit by dismissing Michael Voeltz’s (r) eligibility complaint against Obama and based his order on a ruling by a fictional judge in the 1947 Christmas film classic “Miracle on 34th Street.”
In “Miracle,” Kris Kringle, who was hired by Macy’s to act as Santa Claus but claimed to be the real Santa Claus, was put on trial to prove it.
In the movie, Kringle’s Attorney Fred Gailey, upon postal workers bringing in 21 bags of letters addressed to Santa Claus that were delivered by the post office to Kringle, told the judge, “Your Honor, every one of these letters is addressed to Santa Claus. The post office has delivered them. Therefore the post office department, a branch of the federal government, recognizes this man, Kris Kringle, to be the one and only Santa Claus.”
Harper responds by stating, “Uh, since the United States government declares this man to be Santa Claus, this court will not dispute it. Case dismissed.”
On Dec. 13, Carroll gave Attorney Larry Klayman (l), founder of Freedom Watch, who filed the complaint on behalf of Voeltz, until Dec. 23 to respond to Obama’s motion to dismiss.
However, rather than allowing Voeltz to respond, Carroll abruptly issued his order dismissing the case on Dec. 20.
Carroll wrote, “As this matter has come before the court at this time of year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film Miracle on 34th St. ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”
Carroll stated, “This Court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses, and meets with Congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world. President Obama's recent appointment of The Honorable Mark Walker, formerly a member of this Court, has been confirmed by the United States Senate. Judge Walker has been sworn in as a United States District Court Judge and currently works at the Federal Courthouse down the street. The Electoral College has recently done its work and elected Mr. Obama to be President once again.”
In conclusion, Carroll stated his court does not have jurisdiction to determine the issue of eligibility for the office of president of the United States, “particularly at this late date in the process.”
Carroll went on to say. “Plaintiff’s remedy, if there is any (and this court does not suggest there is) lies with the Congress …” and dismissed the complaint with prejudice.
Klayman argues, because Obama, by his own admission, was not born to two citizen parents and was a British subject at birth, he cannot qualify as a natural born citizen as required by Article 2 Section 1 of the U.S. Constitution.
According to Klayman, Voeltz, a registered Democrat, as an elector and taxpayer, has a “clear-cut, unbridled right to challenge both Obama’s fraudulent representations that he was born in the United States and is thus a natural born citizen eligible to be president, as well as the simple issue of whether he is eligible even in the absence of fraud.”
Citing Florida statutes regarding contest of election, Klayman said Voeltz has an absolute right to file a challenge to Obama’s eligibility to qualify for the office of the president and noted Florida statute is the strongest in the nation on the issue.
Claiming Carroll not only violated his oath office to uphold the U.S. and Florida constitutions, but subverted the rule of law, Klayman said he will be appealing “Judicial Grinch” Carroll’s ruling.
