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Archive for Thursday, September 27, 2012

Kobach’s office seeks to dismiss `birther’ lawsuit

September 27, 2012

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— Kansas Secretary of State Kris Kobach's office has filed a motion to dismiss a lawsuit challenging President Barack Obama's listing on the state's Nov. 6 general election ballot.

The motion states that ballots with Obama's name are already being sent and voted on by those who are in the military and overseas and who requested absentee ballots.

A court order to remove Obama's name from the ballot "would create equal protection issues or necessitate corrected ballots to be sent to (overseas) voters who have already cast ballots," the motion filed by Deputy Secretary of State Ryan Kriegshauser said.

The lawsuit was filed last week by California attorney Orly Taitz, who alleges that Obama is not a U.S. citizen and is ineligible to be president. Obama has released his birth certificate and his birth-state of Hawaii has authenticated the online copy of the birth certificate.

Taitz filed the lawsuit against the State Objections Board and Kobach, its chairman, after the board closed a review of whether Obama should be listed on the ballot.

A Manhattan resident, Joe Montgomery, had filed the initial challenge before the State Objections Board, but then withdrew it, saying he had been the target of "a great deal of animosity and intimidation."

But Taitz told Kobach that Montgomery asked her to reinstate his complaint.

Kriegshauser, however, said there is no evidence of that. The motion also states that Taitz has no standing in the case, saying, "she will not be affected in an individual sense by whether or not President Obama is on the general election ballot in Kansas."

A hearing on Taitz's lawsuit has been scheduled for Wednesday.

Comments

headdoctor 2 years, 4 months ago

I could think of a couple of good reasons to ask for dismissing it besides the ballots already printed. How about a groundless and frivolous for starters.

Mike1949 2 years, 3 months ago

Now that law (groundless & frivolous) is on the books, why hasn't it been invoked?

Darrell Lea 2 years, 3 months ago

Spellcheck corrections:

1) "shure" should be "sure." "Shure" is a brand of microphone. 2) "wiht" is not a word. Is "with" more appropriate? 3) "Kolbach" is incorrect. Try "Kobach."

Alyosha 2 years, 3 months ago

It's been for over a century at least a common journalistic practice to report on the activities of the people's representatives in government, including offices in the executive branch. Thus, reporting on the actions of the current Secretary of State is wholly in line with normal journalistic practice, so that the people in general are aware of what their government is doing.

Consumer1, are you saying there is some reason this specific action by a government official should not be reported about to citizens? If so, why not?

Your post makes it appear that you prefer that citizens not know what their elected officials are doing, which seems a wholly indefensible position to take.

08Champs 2 years, 4 months ago

What is worn out is the birther movement - unfortunately, since there are still enough people off their meds and beating the drum on this non-issue, it will continue to be newsworthy. At least for the freak show factor.

yourworstnightmare 2 years, 4 months ago

This is squarely the fault of Kobach, Schmidt, and Colyer who happily entertained the request of the nut case from Manhattan to remove Obama from the ballot. Had they stopped it there, they wouldn't be dealing now with Orly Taitz.

By appeasing the wacky right wing fringe to score political points, they have brought that wacky fringe into their living rooms. You play with the bull, sometimes you get the horns.

fiddleback 2 years, 3 months ago

A fitting consequence to cracking open the Pandora's box of birther-ism.

At first they thought, "If the box's lid is just a sane-looking Midwestern white guy, why not just peek inside?"

...and then out came the crazy orange Russian mail-order bride....

tomatogrower 2 years, 3 months ago

I have to double "like' this one. Thanks for the laugh.

texburgh 2 years, 4 months ago

Kobach and his right wing buds brought this on themselves. If he didn't want to distract things with this BS, then he should have tossed out the original complaint. Not only did he not do that then, he sought to drag it out by delaying the decision over a long weekend and allowing fellow nutjobs like Taitz to get to Kansas. Kobach is getting what he deserves. He shouldn't be allowed to weasel his way out. He wanted this show, now see it through. Yes, it will cost the state money. But that is really what Kobach is all about - he runs around the country writing unconstitutional ordinances and laws and then bilking their state and city budgets racing out there to defend them in court. He is an embarrassment to the state. But Kansas voters get what they deserve. Brownback, Kobach, Colyer, and now the Senate AND the House. God help this state.

jonas_opines 2 years, 3 months ago

"Kobach is getting what he (wants)." Fixed that.

Dragging it out, getting more headlines with his name in the papers, and now he can try to act like the voice of reason, in dismissing this suit, when as you mention they pretty much put up a sign for somebody to go ahead and do just what Taitz did.

blindrabbit 2 years, 4 months ago

More evidence that Thomas Frank expounds on in "What's the Matter With Kansas". The Republican Party in this State has drifted so far to the right as to approximate the idiocy of "Tail Gunner Joe", Senator Joseph McCarthy of Wisconsin. The gulibile tea baggers and fundamentalists have voted in a bunch of nuts by laying religious guilt because of abortion, homosexuality, birther and race baiting issues, and in doing so has given up their sanity and rationality.

Katara 2 years, 4 months ago

"But Taitz told Kobach that Montgomery asked her to reinstate his complaint. "

Would this qualify as perjury?

Darrell Lea 2 years, 3 months ago

Probably not, unless the statement is part of a legal filing.

perjury / noun - the offense of willfully telling an untruth in a court after having taken an oath or affirmation.

jafs 2 years, 3 months ago

As officers of the court, I wonder if lawyers are held to a higher standard?

headdoctor 2 years, 3 months ago

They are suppose to be held to a higher standard. Unfortunately all to often it depends on the Judge, along with has the lawyer been a problem with the Judge before, when, where and how the infraction was committed. Not all Judges are created equal. Most judges will take a dim view with any one lying during a trial, particularly if done under oath. Prior to the actual trial, lawyers can lie at the speed of light and get away with it.

headdoctor 2 years, 4 months ago

I suppose a counter suit at this point would only escalate the situation. I am thinking if the Judge lets this suit stand, Kobach needs to counter file for expenses to repay the State.

Fred Whitehead Jr. 2 years, 3 months ago

I am with most of the rest of tye posters on this forum.

Kobach and his cronies caused this whole stink by even bothering to offer any substance or credibility to an issue that every one of them knew damned well was fraudulant as a moderate republican and had been totally discredited..

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