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The judicial grinch who stole due process

Posted By Larry Klayman On 12/21/2012 @ 8:16 pm In Commentary,Opinion | No Comments

Just when I thought I’d seen almost everything among the judiciary, along comes Judge Kevin J. Carroll of the Circuit Court in and for Leon County, Fla., the venue in Tallahassee where my client, a Democrat, Michael Voeltz, again challenged Barack Hussein Obama’s eligibility to be president following the Nov. 6 elections. Voeltz’s previous challenges were effectively held to have been premature by two colleagues of Judge Carroll. While Voeltz and I strongly disagree with these decisions and have them on appeal, out of abundance of caution and to squarely contest Obama’s re-election, we decided to file yet a third challenge after the election. Under Florida law, Voeltz 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.

Florida Statutes Section 102.168 Contest of Election provides in relevant part:

(1) … the certification of election or nomination of any person to office, or of the result of any question submitted by referendum, may be contested in the circuit court by an unsuccessful candidate for such office or nomination thereto or by any elector (i.e. Voeltz) qualified to vote in the election related to such candidacy, or by any taxpayer (i.e. Voeltz), respectively (for): …

(3) (a) Misconduct, fraud or corruption …

(4) (b) Ineligibility of the successful candidate for the nomination or office in dispute.

Thus, Voeltz as an elector and taxpayer under Florida law, has an absolute right to file an election contest over Obama’s eligibility to qualify for the office of the president. Florida’s law is the strongest in the nation on this issue.

When this latest case was assigned to Judge Carroll – a Republican appointed by a “Republican” governor, Rick Scott, coincidentally to fill the judicial vacancy in Leon County that occurred when one of the few truly great judges in the nation, Judge Sanders Sauls, retired (Sauls was the Florida judge who presided over and decided the famous Gore v. Bush case in 2000, a trial I participated in while head of Judicial Watch) – I held out some hope that the rule of law might now prevail. I was wrong.

Without even permitting Voeltz to have a hearing on his complaint, after Judge Carroll had ruled that we could request one – which we did timely – Carroll panicked when he saw that we meant business and were prepared to bring witnesses, such as Sheriff Joe Arpaio, private investigator Mike Zullo and renowned investigative reporter and award-winning author Jerome Corsi to the hearing to testify, under oath, with hard evidence, that Obama’s claimed birth certificate is fraudulent (as well as many of his other identifying documents), and he was thus not born in the United States or its territories and thus not eligible to be president. (See www.freedomwatchusa.org to view sworn declarations of these witnesses.)

We requested that this evidentiary hearing be set for the week between Christmas and News Year’s, since time is short before Congress will meet to tally the Electoral College votes on Jan. 6, 2013 – but Judge Carroll apparently decided that he did not want to be “inconvenienced” during the holiday season. Without giving us an opportunity to have this hearing, he instead rushed, within hours of our having requested the hearing, to issue a brief and hastily written two and a half page “Order Dismissing Complaint,” lest he suffer a judicial heart attack at having to seriously preside further over a case that could remove Obama from the body politic of the nation and the world.

Here is part of what he said in denying Voeltz, the people of Florida and the nation a chance – known in both the U.S. and Florida constitutions to be “due process of law” – to be fully heard in order that he could weigh the considerable evidence of fraud and ineligibility and render a reasoned and just decision:

“We are now presented with Voeltz III. 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. [This is wrong!] As this matter has come before the Court at this time of the 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.’”

Whatever Judge Carroll’s motive in dismissing Voeltz’ case without providing due process of law – for example, perhaps like his buddy he wants to be nominated for a higher federal judgeship – this jurist has not only violated his oath of office to obey the U.S. and Florida constitutions, but subverted the rule of law generally.

Our greatest Founding Father and second American president, John Adams, in arguing successfully for the Declaration of Independence, stressed that the new nation, unlike the British crown, was to be a country of laws and not men. In the face of this, Judge Carroll apparently believes that he, as part of the establishment judicial club, can do as he pleases without legal consequences.

Notwithstanding our forthcoming appeal of this dismissal, Judge Carroll and our other so-called public servants, who have brought us to the brink of revolution with their disregard for the constitutional rights of We the People, are about to learn otherwise.

This will be “Judicial Grinch” Carroll’s lawful gift from us this Christmas.


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