Monday, December 29, 2008

THE BIG PICTURE SCOTUS v. OBAMA

Alan note: Many on both sides of the aisle and of varying political preferences have grown bored or even angry at any mentions of the lawsuits against Obama. They don't want to know because they DO NOT KNOW that though it seems over - IT IS NOT. There are still many a slip between the cup and the lip. Ok—Now I see the big picture! Part 1 by Tom Waite In my previous analysis of the Berg v. Obama Supreme Court case, I said that the Supreme Court Justices were very sly by scheduling a January 9th conference date in order to discuss Berg’s writ of certiorari. Because just one day earlier, congress is to open up the Electoral College’s sealed votes from each state, count the votes and declare a presidential winner. But now there is a new development, which seems very perplexing at first but I believe I can shed light on this news and reinterpret it as a sign of political chess. The new development is that on December 18, 2008 Berg filed an injunction (to stay the congressional electoral vote count on January 8, 2009 until Barack Obama proves his qualifications, i.e. that he was born in U.S.A.) and he submitted it to Justice Antonin Scalia. Now the very perplexing news is that this injunction has been granted a conference date of January 16, 2009! I know—you’re all rubbing your eyes in disbelief and also when you put into context that the inauguration is on the 20th of January, I have no doubt that you’re saying, what the ****!? Whenever I try to type a website on my comments, I never get posted, so I’ll creatively refer you to the following website, type in three ‘W’s’ and then a dot and then type ‘americasright’ then a dot and finally type ‘com’. Read the story ‘Berg’s Application for Injunction Curiously Moves On at Supreme Court’ under Tuesday, December 23, 2008. Jeff Schreiber (the person running this blog), is a law student and he can’t fathom the reasoning behind the Supreme Court’s decision to set a date to discuss Berg’s injunction that is well after the time congress will have counted the Electoral College’s votes. In doing so, Jeff feels this conference on January 16, 2009 to discuss Berg’s injunction will be a moot issue. However, I see it differently. The Justices of the Supreme Court aren’t sequestered in some castle. The Justices know exactly what the issues are and are constantly being bombarded with similar legal applications to be considered regarding Barack Obama’s eligibility for president. As I’ve mentioned in a previous post, if the Justices wanted to dismiss Berg’s writ of certiorari they could have but they deliberately chose to discuss it 24 hours after congress officially counts the Electoral College’s votes; reason being, Berg’s issue of standing will then be valid. Once Obama officially wins the national vote (via the counting of Electoral College’s votes), Berg’s issue of harm being done to him by Obama now becomes legally valid. It is no longer theoretical; thus Berg does have legal standing. Now in a political game of chess, the Supreme Court’s manoeuvring of the January 9th date to discuss Berg’s writ of certiorari can be seen as a chess move of "check" against Obama. Obama is now in a corner but still can move his king chess piece and similarly with the writ of certiorari, Obama still could refuse to deliver evidence proving he was born in United States. I understand why the Justices set a date one week later (January 16) to discuss Berg’s injunction to stop congress from counting the Electoral College’s votes, this move can be seen as check and mate! Meaning Obama’s king can’t move in any direction on the chessboard, thus he’s trapped and has lost the game! Setting a date to discuss the injunction on preventing congress from counting the Electoral College’s votes isn’t a moot issue; in this context any judgement is retroactive! So that even if congress has counted the Electoral College’s votes and have declared Obama the presidential winner; if the Supreme Court finds Obama ineligible to be a presidential candidate, they can retroactively cancel the results of the January 8th Electoral College’s vote count! And that’s why the Supreme Court is allowing for a January 16th conference on Berg’s injunction to stop congress from counting the Electoral College’s vote on January 8th. It’s not a moot issue, it’s a very deliberate political game of entrapment or as in chess it can be seen as a move of checkmate. Because the Supreme Court is basically giving Obama no wiggle room to manoeuvre and escape from the January 9th’s conference of Berg’s writ of certiorari. The Supreme Court is ultimately saying to Obama, if you don’t hand over your evidence to us on January 9th, you will be forced to hand over your evidence to us on January 16th, otherwise we’ll retroactively cancel the results from the Electoral College’s votes that were counted back on January 8th! Ok—Now I see the big picture! Part 2 So now I see the big picture and the ultimate endgame that the Supreme Court has in mind for Barack Obama. Just like in chess, the winner is the person who sees many moves in advance; in this case the winner is the Supreme Court! They’ve set a checkmate legal trap for Obama, whereby even if there are no objections by any members of congress, the Electoral College’s votes are counted and Obama is declared the presidential winner on January 8th. The Supreme Court has deliberately chosen to wait until January 9th to discuss Berg’s writ of certiorari, whereby Berg’s legal standing (harm that can be done to him by Obama) becomes valid! And finally, the Supreme Court has made it perfectly clear to Obama by its deliberate action of allowing for a January 16th conference regarding Berg’s injunction to stop congress in counting the Electoral College’s votes; that unless he hands over his evidence to them on January 9th—they’ll retroactively cancel the Electoral College’s voting results from January 8th! I’m smiling so much now because all this time Barack Obama has hired teams of lawyers to go to court and ask to dismiss all these lawsuits that have one similar theme—show proof you were born in the United States. But now because just one of these ‘nuisance’ cases (as Obama sees it) has made it to the Supreme Court, the Justices have already out manoeuvred Obama and his team of high priced attorneys. First, they’ve cornered Obama with a move of check by setting a conference date of January 9th (24 hours after congress counts the Electoral College’s votes) to discuss Berg’s writ of certiorari; the case can’t be dismissed—Berg will have legal standing! And finally the Supreme Court has made its devastating move of checkmate by allowing a conference on January 16th to discuss Berg’s injunction to stop congress in counting the Electoral College’s votes! There’s no more wriggle room left for Obama because essentially it’s a fait accompli by January 9th for him to hand over his evidence to the Justices otherwise, if he doesn’t comply by January 16th, the Justices’ will have it within their power to retroactively cancel the results from the January 8th Electoral College’s vote count! So Obama tried to play a game of legal chess against the Supreme Court—well guess what? Obama—you’ve already lost! Checkmate!

11 comments:

Vlad Z. said...

Sounds interesting. My take is a lot simpler. Perhaps some of them, up to 4, would like to visit the issue. The majority support Obama and do not.

By continually forcing conferences Scalia is making it obvious that he knows and gets it.

However I don't believe he has the votes to even get the case heard.

This is just his way of 'pricking' the other justices (except those who are with him, perhaps Thomas and Alito) by keeping this all alive a bit longer.

Arlen Williams said...

We shall see, A.P.
We shall see.

L Patrick said...

It is humorous that some act as though they think the Supremes are either "SuperHuman Americans" or "NewWorldOrder-AmericaHaters."

With all due respect, they are neither of the above. For the most part they a human beings with a profound knowledge of the law and love for America.

That is, they are lawyer/judges who work hard to do the right thing and preserve the Constitution.

My guess is Scalia, Ginsberg, Roberts, Alito, and Thomas will vote to grant cert.

That being said, it should be obvious that Obama is about to have some legal problems.

Kevin Davidson said...

The scheduling of Berg on the 16th is standard procedure for an emergency application denied and refiled. We've seen this pattern repeatedly. There's no secret code going on here.

Most likely the conference on the 16 will be canceled because (as Jeff correctly says) it has been made moot by the dismissal of Berg's writ last Friday.

Leo the Lawyer said...

The inane comments of idiotic obots like Dr. Conspir. assume that the Supremes are merely wasting their time having conference after conference on meritless cases.

Perphaps the obots are indeed stupid enough to believe such nonsense. After all, they think BO is going to pay their mortgages and car payments for them.

Furthermore, Dr. Conspir. your comment is so unrelated and unresponsive to the article supra, I wonder if you even read the article on which you commented.

Xyxox said...

I don't think you understand how the SCOTUS works.

A case is first submitted to the Justice in charge of the district court jurisdiction that the original case was submitted within. If nthat Justice declines to bring it to the court for a hearing, the claimant then has a right to take it to any other justice. If the next justice declines to hear it, trhe claimant can then take it to another justice and so on until all nine justices decline to hear.

To save time, the second justice will, as a courtesy to the rest of the court, take the case to conference where all justices can decline at the same time and thus end the ability for the same case to be presented to justices one at a time.

Every last one of these bogus birth certificate conspiracy theory cases has been denied by votes of 9-0 without comment in conference so far. The reason we know this is no justice has been listed as disagreeing with the order in the list of orders, which happenes whenever a justice would prefer to hear the case rather than decline.

The same will happen with all of the rest of the cases. It's a nowhere issue because Obama has presented valiod proof of birth in Hawaii. It's just the cirth certificate cultists refuse to believe their lying eyes.

Lisa Michaels said...

I certainly hope you are right! I still feel like I am living in an alternative universe where no one really cares about our Constitution any more because the fear of race riots trumps Constitutional validity.
What if the plan is to get B.O. into office then and only then out his ineligibility. Which would remove in disgrace both Obama and Biden from office, leaving room for the third in line Secretary of State Hillary Clinton to ride in on her broom and save the office of the President of the United States. Take a look at the countless Clinton retreads already appointed to his administration. Take a look at when B.O. does something extra ordinary ex. doomsday speech, visit to see his dying Granny while sealing his birth records (fyi a Granny whose funeral he did not even bother to attend) each event tends to fall around the time that the ineligibility suits raise his blood pressure. Funny how is it that, when Gov. Richardson's "Obama is an immigrant" youtube comment reached critical mass that is when B.O. surprises everyone by dropping Gov. Richardson from his cabinet. Odd timing don't you think for an innocent "Natural Born" U.S. citizen?

Anonymous said...

Lisa I am with you....something is up with Obama. We will probably see everything hit the fan if not before the 20th someday thereafter for SURE!!!

joe williams said...

just wanted to throw this out there to Lisa. Hilary is not third in line she is fifth in line. It goes President Vice President Speaker of the House President Pro Tempore of the senate, then Secretary of State. Also due to the fact that Obama hasn't taken office yet, means that Clinton isn't the Secretary of state yet. So unless you feel that the Supreme Court would wait until they confirm Obama's Cabinet posts to strip him of the presidency she wouldn't even be inline to assume the presidency.

Unknown said...

Well I have to say, you WERE the first one to predict that it would be checkmate today. But you called the game for the wrong side. The orders are out for today. Berg didn't make the list. Monday's a holiday, so today was the last shot.

I hope you will join with me in welcoming president Obama on Tuesday.

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