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2008 Elections

Lawsuits, Attempts to Decertify or Block Election Results

Project: US Electoral Politics
Open-Content project managed by Derek, mtuck

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The fake Canadian birth certificate lawyer Philip Berg submitted to ‘prove’ his contention that President Obama is not an American citizen.The fake Canadian birth certificate lawyer Philip Berg submitted to ‘prove’ his contention that President Obama is not an American citizen. [Source: Obama Conspiracy Theories (.org)]Attorney Philip J. Berg files a lawsuit alleging that Senator Barack Obama (D-IL) is not an American citizen and is therefore ineligible to hold the office of president (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008). Berg’s lawsuit is dismissed three days later by Federal Judge R. Barclay Surrick on the grounds that Berg lacks the standing to bring the lawsuit. Berg names Obama as a defendant in the lawsuit under his given name of Barack Hussein Obama and under three alleged “pseudonyms,” “Barry Soetoro,” “Barry Obama,” and “Barack Dunham.” Berg alleges that Obama “cheated his way into a fraudulent candidacy and cheated legitimately eligible natural-born citizens from competing in a fair process.” Surrick rules that ordinary citizens cannot sue to ensure that a presidential candidate actually meets the constitutional requirements of the office. Instead, Surrick writes, Congress could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the presidency,” but it would take new laws to grant individual citizens that ability. “Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.” Surrick cites Article III of the Constitution in ruling that Berg has no standing to bring his lawsuit. He also criticizes Berg’s premise, noting that it is unlikely in the extreme that Obama could have gone so long without being discovered as a foreign-born alien. “Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted,” Surrick rules, “and who underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory.” Surrick cites a similar case, Hollander v. McCain, which failed to find that presidential contender John McCain (R-AZ) is not an American citizen. McCain was born in the Panama Canal Zone to American parents serving in the military, and thusly is a US citizen (see March 14 - July 24, 2008). After the dismissal, Berg tells a conservative blogger: “This is a question of who has standing to stand up for our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States—the most powerful man in the entire world—is eligible to be in that office in the first place, then who does?” Berg says he will appeal the decision. [Berg v. Obama et al, 8/21/2008; US District Court for the Eastern District of Pennsylvania, 8/24/2008 pdf file; WorldNetDaily, 10/25/2008; Allentown Morning Call, 1/16/2009]
McCain Lawyer Calls Lawsuit 'Idiotic' - A lawyer for the McCain-Palin campaign, reading over the filing before Surrick issues his ruling, assesses it as “idiotic” and determines that it will certainly be dismissed. The McCain-Palin campaign will begin investigating the claims of Obama’s “non-citizenship,” and determine them to be groundless (see July 29, 2009). [Washington Independent, 7/24/2009]
Injunction to Supreme Court Requested - Berg will also file an injunction asking the Supreme Court to block Obama’s ascendancy to the presidency. “I am hopeful that the US Supreme Court will grant the injunction pending a review of this case to avoid a constitutional crisis by insisting that Obama produce certified documentation that he is or is not a ‘natural born’ citizen and if he cannot produce documentation, that Obama be removed from the ballot for president,” Berg writes in a press release. [Smith, 10/31/2008]
Appeal Built on Fraudulent Evidence - In his appeal, Berg will introduce a fraudulently edited audiotape purporting to provide evidence that Obama was born in a Kenyan hospital (see October 16, 2008 and After); Berg will write in a filing: “Obama’s grandmother on his father’s side, half brother, and half sister claim Obama was born in Kenya. Reports reflect Obama’s mother went to Kenya during her pregnancy.… Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama’s birth.” [Greg Doudna, 12/9/2008 pdf file] Berg will also include incorrect and falsified citations of American and international law drawn from such sources as “Wikipedia Italian version” and “Rainbow Edition News Letter.” He alleges, without real proof, that Obama had lied or been unclear about what hospital he was born in, and that he had been adopted by his stepfather Lolo Soetoro. Berg’s “proof” of the Soetoro “adoption” comes from an incorrect record made by an Indonesian grade school which listed Obama’s name as “Barry Soetoro” and listed his nationality as “Indonesian.” Berg writes that obviously Obama had “renounced” his American citizenship, and, thusly, there is “absolutely no way Obama could have ever regained ‘natural born’ status.” Immigration lawyer Mitzi Torri later calls Berg’s assertion “completely wrong,” citing the 1952 Immigration and Nationality Act, which would have precluded a child of Obama’s age from renouncing his citizenship even had he wanted to do so. Torri will note, “Berg wants to say that this document from a school in Indonesia, which has no signature, which has no standing whatsoever, is more important than Obama’s birth certificate or our immigration law.” Berg will also make the false claim that because Obama went to Pakistan in 1981 when, he will claim, the US had a travel ban in effect, Obama could not have done so on an American passport and therefore must have used a passport drawn on his “foreign” citizenship. The claim is fraudulent; no such travel ban existed in 1981 (see Around June 28, 2010). Berg will later say of the Pakistan claim, “We got that from someplace.” [BERG v. OBAMA et al (second filing), 9/29/2008; Washington Independent, 7/24/2009] Berg’s lawsuit was not helped by his submission of an obviously fraudulent Canadian birth certificate that purported to prove Obama was born in Vancouver, Canada. The certificate lists Obama as “Barack Hussein Mohammed Obama Jr.,” and the registrar is listed as “Dudley DoRight,” a famous Canadian cartoon character. [Obama Conspiracy (.org), 8/2/2009]
Appeal Rejected - The Supreme Court will refuse to hear the appeal. Justice Department spokesman Charles Miller will say Berg’s lawsuit is “dead in the water,” but Berg will promise, “We’re not going to give up on this.” [Allentown Morning Call, 1/16/2009]

Entity Tags: Lolo Soetoro, Mitzi Torri, R. Barclay Surrick, John McCain, Ann Dunham, Charles Miller, Immigration and Nationality Act, US Supreme Court, Barack Obama, Philip J. Berg

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

Washington State resident Steven Marquis files a petition in Washington’s Superior Court demanding that Secretary of State Sam Reed either prove that Senator Barack Obama (D-IL) is a “natural born” citizen or remove him from the presidential ballot. Marquis says that granting his petition would “prevent the wholesale disenfranchisement of voters” who might otherwise choose a candidate who is a valid citizen. “At this point, Mr. Obama has not allowed independent or official access to his birth records nor supporting hospital records,” Marquis writes in his petition, and accuses the Hawaii Health Department of “violat[ing] federal law by ignoring formal Freedom of Information requests for the same.” Obama has long since posted an authentic copy of his birth certificate on the Internet (see June 13, 2008), and this has repeatedly been verified as valid (see June 27, 2008, July 2008, and August 21, 2008). Marquis references another lawsuit challenging Obama’s citizenship, filed by lawyer Philip Berg and awaiting a hearing in a federal district court (see August 21-24, 2008). Marquis explains the timing of his petition—just before the presidential elections—as caused by Obama’s “delay and subsequent non-response to reasonable request for valid certificates.” He also cites the Washington secretary of state’s office’s refusal to certify Obama’s birth certificate as he has previously requested, writing, “To date, in this regard, Secretary of State Sam Reed has not carried out that fundamental duty.” Washington Superior Court Judge John Erlick will throw out Marquis’s petition, saying Reed has no such authority to force Obama to prove his citizenship, and cites Marquis’s failure to name Obama as a party to his complaint. [WorldNetDaily, 10/16/2008; Mid-Columbia Tri-City Herald, 10/28/2008; WorldNetDaily, 11/13/2008]

Entity Tags: Philip J. Berg, Barack Obama, Hawaii Department of Health, Sam Reed, John Erlick, Steven Marquis

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

Andy Martin.Andy Martin. [Source: Andy Martin]Hawaiian resident Andy Martin files a writ of mandamus in Hawaii’s Supreme Court to compel Governor Linda Lingle (R-HI) to release a certified copy of presidential candidate Senator Barack Obama (D-IL)‘s “vital statistics record,” apparently asking that Hawaii ignore federal privacy laws and release the “long form” birth certificate on file for Obama (see June 13, 2008, June 27, 2008, and August 21, 2008). His request is denied. [WorldNetDaily, 11/13/2008] When his lawsuit is dismissed, Martin responds on a blog for defeated Democratic primary opponent Hillary Clinton (D-NY), in a posting reprinted on the Free Republic and a number of other conservative blogs. Martin expresses his doubt that Obama has just flown to Hawaii to visit his dying grandmother, apparently referencing conspiracy theories on right-wing radio that Obama went to Hawaii to “scrub” his birth records (see November 10, 2008). He suggests that it is his lawsuit that caused the Obama campaign “to panic and suspend his presidential campaign to head off Andy’s stories.” (Martin has been posting a number of blog entries about Obama being a “covert Islamist”—see October 1, 2007 and April 18, 2008). He is, he boasts, “on the verge of taking down the Obama campaign,” calling himself “the good sheriff stand[ing] alone against the Obama Gang. Eliot Ness and the Untouchables? The Long Ranger? Pick your own hero. Martin vs. Obama explodes into a Hollywood classic.” Martin writes: “I will do my best to defeat Obama even though I essentially stand alone. I stand tall. All of the protagonists are from Chicago. Despite ridicule and envy from Chicago’s corrupt mainstream media, I have spent over forty years successfully fighting crooked politicians like Barack Obama and his Daley Machine cronies.” He cites “support” from Fox News talk show host Sean Hannity, and his own participation as a blog commenter on FoxNews.com and YouTube. He says he “became the target of a massive liberal assault at the [New York] Times” after one Hannity broadcast: “On direct orders from the Emperor Obama, the New York Times then unleashed its smear machine on me.” He says his “investigative team” defeated the Times’s attempt to “destroy me,” writing: “I am still standing and the Times’ credibility is going into the toilet.… High Noon.… Barack Obama vs. Andy Martin. The drama builds as we move closer and closer to disclosing the dramatic truth about Barack Obama.… Barack Obama is an enemy of the Constitution. He is using tens of millions of dollars in clandestine campaign cash from unknown sources to stage an electoral coup d’etat in our nation. That is why I keep fighting for the truth. Barack Obama has been lying to the American people. And his Big Lie is about to be exposed.” [Andy Martin, 10/21/2008] Shortly after the lawsuit’s dismissal, Martin will abruptly abandon his accusations that Obama is a Muslim, and will begin asserting that Obama is a secret Communist taught by his “father,” a black activist named Frank Marshall Davis (see Before October 27, 2008). In a wide-ranging article about the “birther” controversy, Salon columnist Alex Koppelman will later note that Martin was denied an Illinois law license on the grounds that he was mentally unfit to practice law. [Salon, 12/5/2008]

Entity Tags: New York Times, Barack Obama, Anthony Robert Martin-Trigona, Alex Koppelman, Frank Marshall Davis, Linda Lingle, Sean Hannity, Free Republic

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

Philip J. Berg.Philip J. Berg. [Source: Qui Non Negat, Fatetur (.com)]Attorney Philip J. Berg, whose lawsuit challenging Senator Barack Obama (D-IL)‘s citizenship was thrown out of a Pennsylvania court (see August 21-24, 2008), claims that because Obama never personally responded to his lawsuit, Obama is thusly “admitt[ing]” to the lawsuit’s allegations. Berg charged that Obama was not born in the United States (see June 13, 2008, June 27, 2008, and August 21, 2008), but in Mombasa, Kenya. Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides a written answer or objection to charges within 30 days, the accused legally admits the matter. Obama, through his campaign lawyers, filed motions to dismiss the lawsuit and did not directly answer the charges in it. Therefore, Berg says Obama has legally admitted he is not a natural-born citizen. Berg is asking the court to formally declare Obama’s admission and for the Democratic National Committee (DNC) to name someone else as its presidential candidate. To a reporter with the conservative news blog WorldNetDaily, Berg says: “Obama and the DNC ‘admitted,’ by way of failure to timely respond to requests for admissions, all of the numerous specific requests in the federal lawsuit. Obama is ‘not qualified’ to be president and therefore Obama must immediately withdraw his candidacy for president and the DNC shall substitute a qualified candidate.” Obama’s campaign has said that lawsuits such as Berg’s (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), are not actually about Obama’s birth certificate, but instead are “about manipulating people into thinking Barack is not an American citizen.” Obama’s campaign has issued a number of documents and assertions that prove Obama’s citizenship, as have several non-partisan fact-checking organizations. Berg has offered to drop his lawsuit if Obama will prove his citizenship to Berg’s satisfaction. Berg tells a conservative blogger: “It all comes down to the fact that there’s nothing from the other side. The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.” [WorldNetDaily, 10/21/2008] Joseph Sandler, a lawyer who filed one of the motions to dismiss on behalf of Obama, says Berg’s contention is erroneous. He goes on to explain why claims like these are never challenged or explained by defending lawyers: “When you file a motion to dismiss, to try to get the case thrown out before any factual inquiry is made, the facts that the plaintiffs put into their complaint are assumed to be true. You have to show that even if the facts were true, they don’t have a case.” [Washington Independent, 7/24/2009]

Entity Tags: WorldNetDaily, Democratic National Committee, Barack Obama, Joseph Sandler, Philip J. Berg

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

A Georgia court throws out a petition by the Reverend Tom Terry of Atlanta to force Georgia Secretary of State Karen Handel to either prove presidential candidate Barack Obama (D-IL) is an American citizen or remove him from the election ballot. “I bear no personal ill will against Barack Obama,” Terry says in a statement. “In fact, his election solely on the basis as the first African-American president-elect is a very positive thing for our nation. However, as an American, I have very grave concerns about Mr. Obama’s possible divided loyalties since he has strenuously and vigorously fought every request and every legal effort to force him to release his original birth certificate for public review and scrutiny (see June 13, 2008). I think that is significant.” Superior Court Judge Jerry W. Baxter refuses to hear the suit, ruling: “I don’t think you have standing to bring this suit. I think that the attorney general has argued the law. I think he is correct. I think you are not a lawyer.” Terry will appeal the suit, telling a reporter: “Hopefully, this action will be noticed by other states and they will also take a serious look at the meaning of Georgia’s Supreme Court’s actions. It is apropos that the Latin motto in the Georgia Supreme Court is interpreted: ‘Let justice be done, though the heavens fall.’ I think if the Court rules in my favor, that motto will come alive with meaning and impact.” [WorldNetDaily, 11/13/2008]

Entity Tags: Barack Obama, Tom Terry, Karen Handel, Jerry W. Baxter

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

Leo C. Donofrio.Leo C. Donofrio. [Source: Obama Conspiracy (.org)]Retired New Jersey attorney, professional gambler, and conservative blogger Leo C. Donofrio files a lawsuit asking the State Supreme Court to prohibit three candidates from appearing on New Jersey’s presidential ballot: Barack Obama (D-IL), John McCain (R-AZ), and Socialist Worker’s Party candidate Roger Calero. Donofrio claims that none of the three have proven to his satisfaction that they are “natural born citizens,” as the Constitution requires to serve as president (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The lawsuit asks Secretary of State Nina Mitchell Wells to intervene in the elections process. In his filing, Donofrio writes that Obama is not eligible for the presidency “even if it were proved he was born in Hawaii, since… Senator Obama’s father was born in Kenya and therefore, having been born with split and competing loyalties, candidate Obama is not a ‘natural born citizen.’” Obama has long ago posted his authentic birth certificate stating he was born in Hawaii and therefore is a US citizen (see June 13, 2008). McCain’s birth in the Panama Canal Zone (see March 14 - July 24, 2008) and Calero’s birth in Nicaragua, Donofrio continues, invalidate their ability to be president as well, even though the Constitution states otherwise. With three ineligible presidential candidates on ballots, Donofrio warns, New Jersey voters will “witness firsthand the fraud their electoral process has become.” After being rejected by the New Jersey Court, US Supreme Court Justice David Souter rejects the lawsuit’s appearance on the Court docket. Justice Clarence Thomas allows the case to be submitted for consideration, but the Court rejects it. [Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, 10/31/2008; WorldNetDaily, 11/13/2008; Obama Conspiracy (.org), 12/21/2008; St. Petersburg Times, 6/28/2010] After his case is thrown out, Donofrio will write on his blog that “you have no Constitution and you have no ‘Supreme’ court. You have a filthy corrupted snake pit which tried to protect itself from responsibility for this issue by using clerks like brutal praetorian guards.” [Obama Conspiracy (.org), 12/21/2008] An Internet rumor that Justice Antonin Scalia will “quietly” place the case on the Court docket is later proven entirely false (see June 28, 2010).

Entity Tags: Roger Calero, David Souter, Clarence Thomas, Barack Obama, Antonin Scalia, Leo C. Donofrio, John McCain, Nina Mitchell Wells

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota.Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota. [Source: MediaBistro (.com)]The US Senate race in Minnesota, between incumbent Norm Coleman (R-MN) and challenger Al Franken (D-MN), concludes with Coleman enjoying a razor-thin margin of victory and declaring himself the victor. However, Franken (running as the candidate for the “Democratic-Farmer-Labor” party, or DFL, Minnesota’s version of the state Democratic Party) says he will ask for a recount, as is his right under Minnesota law. Minnesota officials say the recount could delay the final result of the race until December. The Minneapolis Star-Tribune characterizes the race between Coleman and Franken as “one of the most bitter… in Minnesota history.” The initial results show Coleman in the lead by 215 votes, though he was adjudged to lead by as much as 725 votes in early estimates. The Associated Press previously called Coleman the winner, but has now withdrawn that call, labeling the race as too close to judge. Franken says his campaign is investigating alleged voting irregularities at a number of polling places, and adds: “[A] recount could change the outcome significantly.… Let me be clear: Our goal is to ensure that every vote is properly counted.” Minnesota Secretary of State Mark Ritchie (D-MN) says a recount would not begin until the middle of the month and would likely stretch into December. “No matter how fast people would like it, the emphasis is on accuracy,” he says. The vote is split three ways, with Coleman and Franken each having 42 percent of the vote and Independence Party candidate Dean Barkley having 15 percent. Exit polls show Franken rode a wave of Democrats voting for Barack Obama (D-IL) as president, including a large number of first-time voters. Minnesota delivered its electoral votes for Obama. However, Barkley drained a significant amount of votes away from Franken. Franken had trouble convincing some voters of his credibility, in light of his career as an overtly liberal comedian and author, while Coleman was hurt by being connected with the poorly performing US economy under President Bush. Franken caught up with Coleman in polling after the stock market almost collapsed in September. Franken says that like the just-elected Obama, “I believe we’re going to celebrate a victory in this race, too.” Coleman tells supporters that he “feels good” about the ultimate results. Both Franken and Coleman engaged in harshly negative campaign advertising, which drove a large number of voters to choose Barkley in the race. National Republicans called Franken “unfit for office” because of his liberalism, while Franken attacked Coleman by pairing him with Bush, telling voters that Coleman helped Bush “drive the economy right into the ditch.” The two campaigns together spent almost $50 million, making it by far the most expensive Senate race in the country. Franken was dogged by allegations that he did not pay the proper income taxes, and embarrassed by examples of “lewd” humor from his past comedy engagements, leading him to apologize for some of his humor to his supporters. Coleman dealt with questions about his payment of artificially low rent on an exclusive Capitol Hill rowhouse, and questionable contributions from wealthy benefactors. Coleman asks Franken to waive the recount in the interest of saving Minnesota taxpayers the cost of the procedure, and so that “healing” from the hotly contested race can begin. [Minneapolis Star-Tribune, 11/5/2008; Minneapolis Star-Tribune, 11/6/2008; Associated Press, 1/6/2009]

Entity Tags: Mark Ritchie, Al Franken, Associated Press, George W. Bush, Minneapolis Star-Tribune, Norm Coleman, Barack Obama

Timeline Tags: Civil Liberties

Category Tags: Lawsuits, Attempts to Decertify, Election Results, Voting Issues

Two days after the US Senate election in Minnesota failed to produce a clear winner (see November 4-5, 2008), Senator Norm Coleman (R-MN) demands that his challenger, Al Franken (D-MN), concede. Franken has asked that the votes be recounted, as Coleman originally led with a razor-thin 725-vote margin of victory. (A recount is automatic under the law with a margin of victory of less than 0.5 percent, as this one is.) As ballot totals have shifted with the addition of absentee and other ballots, Coleman’s margin has shrunk even further, to 438 votes. Franken says that “a recount could change the outcome significantly,” and adds: “Let me be clear: Our goal is to ensure that every vote is properly counted.” Coleman has requested that the recount not take place, and has declared himself the winner of the election. Coleman also says that a recount would cost some $86,000 to Minnesota taxpayers, a cost he describes as prohibitively high considering that he would almost certainly win the recount. Franken does not concede. [Minneapolis Star-Tribune, 11/6/2008]

Entity Tags: Norm Coleman, Al Franken

Timeline Tags: Civil Liberties

Category Tags: Lawsuits, Attempts to Decertify, Election Results, Voting Issues

The campaign of US Senate candidate Norm Coleman (R-MN) says that “improbable shifts” in vote tallies are improperly favoring Coleman’s opponent, Al Franken (D-MN), in Minnesota’s Senate race. The accusation implies that Minnesota Secretary of State Mark Ritchie (D-MN) is exhibiting partisan bias in the Senate race recount. Franken requested a recount after Coleman was declared the winner by a margin narrow enough to legally support such a request (see November 4-5, 2008). Ritchie won the office two years ago after accusing his Republican predecessor of partisan bias. He promises that his oversight of the Senate recount will be fair, transparent, and impartial. “Minnesotans have an expectation of a nonpartisan election recount,” he has said. Coleman’s initial estimate of a 725-vote margin of victory has dwindled to some 200 votes, prompting Coleman to complain of “improbable shifts” in the vote tallies that are unfairly benefiting Franken. One of Coleman’s lawyers tells a reporter, “We’re not going to sit idly by while mysterious, statistically dubious changes in vote totals take place after official government offices close.” Ritchie responds by accusing the Coleman campaign of trying “to create a cloud” over the recount and “denigrating the election process,” and says that such shifts are normal when votes are retallied after any election, when county officials verify election night tabulations reported to his office. Ritchie says the Coleman campaign is mounting “a well-known political strategy,” adding, “If people want to accuse county elections officials of partisan activity, they better be ready to back it up.” Ritchie oversaw a recent Supreme Court election that was praised by both sides as being fairly handled. [Minneapolis Star-Tribune, 11/10/2008; TPM Muckraker, 11/11/2008] According to Ritchie’s office, small vote shifts after an election is called are normal. After an election, the office says: “[E]lection officials proof their work and make corrections, as necessary. It is routine for election officials to discover a number of small errors, including improper data entry, transposition of digits (e.g. entering the number 48 instead of 84), and other items that affect the reported outcome.” [Huffington Post, 11/21/2008]

Entity Tags: Mark Ritchie, Al Franken, Norm Coleman

Timeline Tags: Civil Liberties

Category Tags: Lawsuits, Attempts to Decertify, Election Results, Voting Issues

The National Republican Senatorial Committee (NRSC) launches attacks on Minnesota Secretary of State Mark Ritchie (D-MN) in an attempt to throw the Minnesota Senate race recount into doubt. Senator Norm Coleman (R-MN) and challenger Al Franken (D-MN) ran for Coleman’s seat in the US Senate, and the results, narrowly favoring Coleman, were challenged by Franken (see November 4-5, 2008). The NRSC distributes a three-page “backgrounder” on Ritchie to reporters that implies Ritchie is letting his political background affect his conduct in administering the recount. Among Ritchie’s “suspicious” activities are his speech at the Democratic convention during the summer, and his having “led a voter registration coalition that included ACORN,” the much-vilified Association of Community Organizations for Reform Now (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). The NRSC even attempts to imply that Ritchie is a Communist sympathizer in a piece entitled “Communist Party USA Wrote Encouragingly Of His Candidacy.” (On November 19, Fox News’s Andrew Napolitano will call Ritchie a “former Communist” and a “former member of the Communist Party,” but without advancing any proof of the allegations.) According to a report by TPM Muckraker’s Zachary Roth, “there’s no evidence that Ritchie has ever used his role as the state’s top elections administrator to advantage Democrats.” Roth writes that “the point of the GOP gambit… appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman’s claim that’s he’s the rightful winner and that a recount is unnecessary—just the strategy pursued by George Bush’s campaign in Florida in 2000.” [TPM Muckraker, 11/11/2008; Media Matters, 11/20/2008]

Entity Tags: National Republican Senatorial Committee, Al Franken, Andrew Napolitano, Association of Community Organizations for Reform Now, Norm Coleman, Zachary Roth, Communist Party USA, Mark Ritchie

Timeline Tags: Civil Liberties

Category Tags: Lawsuits, Attempts to Decertify, Voting Issues, Election Results

Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. [Keyes et al v. Bowie et al, 11/13/2008 pdf file; WorldNetDaily, 11/14/2008; Sacramento Union, 11/15/2008; Greg Doudna, 12/9/2008 pdf file] After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” [Sacramento Union, 11/15/2008]
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” [WorldNetDaily, 11/13/2008]
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” [Washington Independent, 7/24/2009] The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. [Neal Krawetz, 11/25/2008; Washington Independent, 7/24/2009; Hacker Factor, 2011] Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. [Loren Collins, 7/7/2009] Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. [Loren Collins, 7/29/2009] Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” [Neal Krawetz, 11/25/2008]

Entity Tags: Debra Bowen, Loren Collins, Gary Kreep, Greg Doudna, Joseph Biden, Markham Robinson, Neal Krawetz, Barack Obama, Wiley S. Drake, Alan Keyes, Philip J. Berg, Orly Taitz, US Electoral College, United States Justice Foundation, Ronald Jay Polland

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

Warren County, Ohio, magistrate Andrew Hasselbach throws out a challenge by Ohio resident David M. Neal to President Obama’s qualifications to serve as president. Before the election, Neal filed a complaint that demanded Ohio Secretary of State Jennifer Brunner either prove Obama is a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) or throw him off the ballot. Hasselbach writes that Neal gave too much credence to Internet rumors surrounding Obama’s citizenship, and writes: “The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence—not hearsay, conclusory allegations, or pure speculation. It is abundantly clear that the allegations in Plaintiff’s complaint concerning ‘questions’ about Senator Obama’s status as a ‘natural born citizen’ are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner or this magistrate.” Neal had asked that Brunner obtain documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party, and possibly Obama himself to verify that Obama was born in Hawaii and not elsewhere. Neal asserted that the authentic certificate provided by the Obama campaign (see June 13, 2008) is not an original, and therefore not valid proof of birth. Neal, who maintains a politically oriented Web site, says he is part of what he calls a nationwide grassroots movement questioning Obama’s citizenship. When he filed the complaint, he said, referring to a local school: “When I enrolled my son in Knothole, I had to show his birth certificate.… This guy is running for president of the United States.” In arguing against Neal’s motion, Assistant Attorney General Mike Schuler told the court: “One can conservatively estimate that more than 3 million Ohioans intend to vote for Senator Obama. Mr. Neal asks this court to disenfranchise those 3 million voters based solely on rumor and innuendo.” [Cincinnati Enquirer, 10/31/2008]

Entity Tags: Barack Obama, Andrew Hasselbach, Mike Schuler, David M. Neal, Jennifer Brunner

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” [Time, 11/17/2008; Weiner, 2010, pp. xviii]

Entity Tags: Mark Jeranek, Al Franken, Fritz Knaak, Mark Ritchie, Larry Jacobs, Norm Coleman, National Republican Senatorial Committee

Timeline Tags: Civil Liberties

Category Tags: Lawsuits, Attempts to Decertify, Election Results, Voting Issues

The campaign of US Senate candidate Norm Coleman (R-MN) issues a press release claiming that Coleman’s victory is “confirmed.” Coleman’s press release is erroneous. Coleman’s campaign manager, Cullen Sheehan, issues a similarly erroneous statement that says: “Senator Coleman has, for the third time, been named the winner of the 2008 election. We look forward to the beginning of tomorrow’s recount, and to what we believe to be the ultimate conclusion of the final chapter of this year’s election—the re-election of Senator Norm Coleman.” Far from being confirmed, the recount procedure involving Coleman and his opponent Al Franken (D-MN) has not officially begun (see November 4-5, 2008). It is unclear what basis Coleman has for claiming victory, and no official entity has confirmed Coleman’s victory in the race. Franken’s campaign also issues a release announcing that the recount procedure is about to commence, noting accurately that the State Canvassing Board has refused to certify a winner and stating the campaign’s intention to support the recount. [Minnesota Independent, 11/18/2008; New York Times, 11/18/2008] MSNBC reports that Coleman “is trying to look the part of the winner [in order to be able to] call into question any lead taken by Franken in the recount.” [MSNBC, 11/19/2008] Three days later, liberal reporter Eric Hananoki will write that Coleman is going beyond taking “premature victory laps” by demanding a halt to the recount, “float[ing] false voter fraud stories,” and “smear[ing] election officials” (see November 10, 2008, November 11, 2008, and November 12, 2008). [Huffington Post, 11/21/2008]

Entity Tags: Norm Coleman, Minnesota State Canvassing Board, Eric Hananoki, Al Franken, Cullen Sheehan, MSNBC

Timeline Tags: Civil Liberties

Category Tags: Lawsuits, Attempts to Decertify, Voting Issues, Election Results

President-elect Barack Obama faces another challenge to his presidency—an Internet-based effort to block the US Electoral College from certifying him as president, according to a report from the Christian Science Monitor. The challenge centers on long-debunked accusations that Obama is not a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The Electoral College meets on December 15 to cast its votes, as garnered through the November 4 election results. The Constitution requires that the president be a US citizen; the people behind this effort insist that Obama was born in Kenya, and not in Hawaii as his birth certificate attests. North Carolina Secretary of State Elaine Marshall says: “Most of the world thinks this is settled except for a few conspiracy theorists. In the 2000 election… Republican electors felt under siege, and I expect the Democrat electors may end up feeling the same way [this time].” North Carolina elector Wayne Abraham (D-NC) says he has received three letters and a phone call asking him not to vote for Obama. “I was surprised, but I’m not worried about it,” he says. “As I said to the lady on the phone, I figured that the Bush administration had ample opportunity to investigate Senator Obama, and if they had discovered he was not truly a citizen they… would have let us know.” Immigration law expert Peter Spiro of Temple University says the entire issue is a “nonstarter, because Obama was born in Hawaii.” The biggest effort of the attempt to stop the Electoral College from certifying Obama’s presidency is a lawsuit in California brought by failed presidential candidate Alan Keyes (see November 12, 2008 and After). Lawyer Philip Berg, who has lost a lawsuit challenging Obama’s citizenship (see August 21-24, 2008), says: “People are going after electors now because they can only vote for a qualified candidate, and [Obama] hasn’t shown he’s qualified. I think we have enough trouble—we don’t need a fake president.” Melanie Siewert of Kenansville, North Carolina, says the questions surrounding Obama’s citizenship have moved her to get involved in politics for the first time in her life. “I’m not asking electors to overturn their vote, but really to, before we vote, to make absolutely sure,” she says. She says she has contacted most of North Carolina’s 15 electors. “This is not being a sore loser or racist. This is just about ensuring that our leader is being truthful about who he is.” Presidential historian Perry Leavell says: “Human beings will always go for myth because it’s compelling, dramatic, and, if it were true, it would be able to change history. You can go back into the history of the American presidency and find over and over again people… who are prepared to believe the exact opposite of what all the data would say.” Constitutional law binds state electors to cast their votes for the candidate who won their state. [Christian Science Monitor, 11/26/2008] The Electoral College will vote for Obama as president. [WRAL-TV, 12/15/2008]

Entity Tags: Wayne Abraham, Christian Science Monitor, Barack Obama, Alan Keyes, Elaine Marshall, Philip J. Berg, Melanie Siewert, Peter Spiro, Perry Leavell, US Electoral College

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

One hundred and thirty-three ballots, stored in a single envelope, are missing from the warehouse containing the hundreds of thousands of ballots cast in Minnesota during the November elections. The ballots are part of a statewide recount (see November 19, 2008) to determine the winner of the US Senate race between incumbent Norm Coleman (R-MN) and Al Franken (D-MN—see November 4-5, 2008). Minneapolis officials are diligently searching for the missing ballots, according to Mayor R.T. Rybak (D-MN). The recounts are supposed to be finished today, but Minneapolis has been granted an extension to find the ballots. Franken’s lead recount attorney, Marc Elias, issues the following statement: “Find the ballots.… The outcome of this election might be at stake.” The Coleman campaign is alleging ballot tampering. “We do not know that there are any ballots missing, and it is premature and simply irresponsible to suggest that they are,” says Coleman’s attorney Fritz Knaak. He goes on to say that because Rybak, Secretary of State Mark Ritchie, and many Minneapolis city officials are Democrats, there could be some kind of orchestrated effort to suppress votes to favor Franken. However, “It is critical that there be no effort to make this matter a partisan issue,” he adds. Minneapolis Elections Director Cindy Reichert says there is no evidence of any sort of “foul play” concerning the missing ballots (see November 12, 2008). Official recount tallies show Coleman with a 205-vote lead, but this number is not current and Franken is expected to gain votes, especially if the missing ballots are found and tallied. The missing ballots are from a precinct largely populated by college students, considered a group that generally favors Franken. [St. Paul Pioneer Press, 12/5/2008] Four days later, Minneapolis declares the ballots to be irretrievably missing, ending the state’s counting of ballots and moving the recount process into the next phase—canvassing the results and considering ballots challenged by the two campaigns. Ritchie says that the canvassed and audited election-night results from the precinct can be counted in lieu of the missing ballots, though it takes four more days for the Canvassing Board to come to the same conclusion. Counting the ballots adds 36 (later reported as 46) to Franken’s total. Coleman’s campaign says that there may be other reasons for the ballot issue, with a spokesman saying, “We would hope further review of these other scenarios will be conducted, rather than just accepting the political spin of the Franken campaign.” The Coleman campaign is also protesting some counties’ decision to review initially rejected absentee ballots. Franken is expected to gain votes if the absentee ballots in question are counted. [St. Paul Pioneer Press, 12/9/2008; TPM Election Central, 12/12/2008]

Entity Tags: Norm Coleman, Cindy Reichert, Al Franken, Fritz Knaak, Marc Elias, R.T. Rybak, Mark Ritchie, Minnesota State Canvassing Board

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

The Minnesota Supreme Court unanimously rejects a lawsuit by Minnesota Senate candidate Norm Coleman (R-MN), who argued that absentee ballots should not be counted in the vote tallies that are giving his opponent, Al Franken (D-MN), an edge in the recount for the Senate seat both are vying for (see November 4-5, 2008). The Coleman campaign, alleging that many of the votes were counted twice, has asked that vote tallies in 25 selected precincts should be reverted to their Election Night totals, which would blot out Franken’s lead in the vote count. The Minnesota high court rules that a question such as this should be reserved for post-recount proceedings, and says that the Coleman campaign’s theory of double-counted ballots is not supported by evidence. Currently, Franken leads by a narrow 47-vote margin. According to press reports, the lawsuit was Coleman’s last, best shot at winning the seat; with the high court’s decision, a Franken victory is “nearly a foregone conclusion when this recount finishes up in early January.” Coleman’s lead recount lawyer Fritz Knaak says that the decision “virtually guarantees that this will be decided in an election contest,” indicating that the Coleman campaign is not yet ready to concede defeat and may well be planning further litigation. “[I]t’s highly unlikely that one senator will be seated on January 6th,” Knaak says. Franken campaign spokesperson Andy Barr says: “We win in Supreme Court. The process can move forward despite attempts to halt its progress and cast doubt on the result.” [TPM Election Central, 12/24/2008; MPR News, 12/24/2008; Minneapolis Star-Tribune, 12/24/2008]

Entity Tags: Minnesota Supreme Court, Al Franken, Andy Barr, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

US Senate candidate Al Franken (D-MN) is confirmed as the winner of the Minnesota Senate race over incumbent Norm Coleman (R-MN) after over a month of vote recounting and legal maneuvering by both sides. Coleman was initially declared the winner, but Franken immediately requested a recount, as the vote margin was very close (see November 4-5, 2008). Franken is declared the winner by 225 votes out of 2.9 million cast. The final totals: Franken with 1,212,431 votes and Coleman with 1,212,206 votes. Third-party candidate Dean Barkley also garnered a significant number of votes. Coleman says he intends to file a lawsuit challenging the results, blocking Franken from being seated in the Senate. Coleman’s attorney Tony Trimble says: “This process isn’t at an end. It is now just at the beginning.” Senate Minority Leader Mitch McConnell (R-KY) says, “The race in Minnesota is not over.” Franken says, “After 62 days of careful and painstaking hand-inspection of nearly 3 million ballots, after hours and hours of hard work by election officials and volunteers around the state, I am proud to stand before you as the next senator from Minnesota.” Both sides mounted an aggressive challenge to votes, with campaign officials challenging thousands of ballots during the recounts. Franken made headway when election officials opened and counted some 900 ballots that had erroneously been disqualified on Election Day. Coleman says some ballots were mishandled and others were wrongly excluded from the recount, thus denying him the victory. His loss was made certain when the Minnesota Supreme Court refused to change the totals of the recount (see December 24, 2008). The state Canvassing Board, the entity in charge of the recounts, votes unanimously to accept the totals as final. Franken’s lawyer Mark Elias says of Coleman’s promised court fight: “Former Senator Coleman has to make a decision. And it is a profound decision, one that he has to look into his heart to make: Whether or not he wants to be the roadblock to the state moving forward and play the role of a spoiler or sore loser or whether he wants to accept what was a very close election.” Senate Majority Leader Harry Reid (D-NV) says, “The race in Minnesota is over,” and calls Republican efforts to continue challenging the result “only a little finger pointing.” However, a spokesperson for Reid says Franken will not be seated when Congress convenes later in the week. Senator John Cornyn (R-TX) warns that any attempt to seat Franken would result in “chaos.” Trimble says that the recount was handled poorly, and there “can be no confidence” in the result. The seat will remain unfilled until Coleman’s legal challenge is settled. [Bloomberg, 1/5/2009; Associated Press, 1/6/2009; Minneapolis Star-Tribune, 1/6/2009] Republicans in the Minnesota legislature have speculated on the possibility of Governor Tim Pawlenty (R-MN) appointing someone, presumably a Republican, to take the Senate seat on a temporary basis while the recount plays out, but Democrats, who hold the majority in the legislature, say they will block any such efforts. Legal experts say Pawlenty’s legal authority to make such an appointment is dubious at best. [Minneapolis Star-Tribune, 1/6/2009] Later press reports will state that Franken’s margin of victory was 312 votes, after a judicial panel reviews the recount totals. [Minneapolis Star-Tribune, 4/22/2009] Coleman files a lawsuit to block Franken’s victory (see January 7, 2009).

Entity Tags: Dean Barkley, Harry Reid, Minnesota State Canvassing Board, Al Franken, John Cornyn, Minnesota Supreme Court, Tony Trimble, Mitch McConnell, Norm Coleman, Tim Pawlenty, Mark Elias

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

Former Senator Norm Coleman (R-MN), who was recently declared the loser in a hotly contested US Senate race in Minnesota (see January 5, 2009), rejects the findings of the Canvassing Board that reported his opponent, Al Franken (D-MN), as the winner, and files a lawsuit challenging the results. “Not every valid vote has been counted and some have been counted twice,” Coleman says. “Let’s take the time right now in this contested race to get it right.” The suit is filed in the District Court of Ramsey County, where Coleman hopes to convince a three-judge panel that votes were improperly excluded and included in the recount. Franken’s attorney Marc Elias calls Coleman’s lawsuit “an uphill battle to overturn the will of the people” and adds, “It is essentially the same thin gruel, warmed-over leftovers… that they have been serving the last few weeks.” Elias says the Franken campaign has its own questions about uncounted ballots. The lawsuit blocks Franken from being seated in the US Senate until it is resolved. Former Minnesota Governor Arne Carlson (R-MN) says Coleman should concede the election and bow out gracefully. “I don’t think it’s winnable,” Carlson says, and warns that Coleman risks damaging his reputation by pursuing such a lawsuit. Senate Majority Leader Harry Reid (D-NV) says Coleman is “entitled to the opportunity to proceed however he sees fit. But for someone who’s been in the trenches on a number of these elections, graciously conceding… would be the right step. This can’t drag on forever.” Coleman says the issue is not about his winning or losing, but about fairness and accuracy in vote counting. Coleman’s suit will contend that the Canvassing Board did not apply consistent standards to challenged ballots, and both local election officials and Minnesota Secretary of State Mark Ritchie (D-MN) counted ballots unfairly to the advantage of Franken. Coleman’s lawyer Fritz Knaak says the campaign’s lawyers are conducting their own “very real investigation” into the election, and promises that the campaign will present testimony about “double voting” in some precincts. [Minneapolis Star-Tribune, 1/7/2009]

Entity Tags: Norm Coleman, Al Franken, Arne Carlson, Mark Ritchie, Fritz Knaak, Marc Elias, Harry Reid, Minnesota State Canvassing Board

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

Al Franken (D-MN), declared the winner of the disputed US Senate race in Minnesota (see January 5, 2009), asks the Minnesota Supreme Court to order Governor Tim Pawlenty (R-MN) and Secretary of State Mark Ritchie (D-MN) to issue a signed certificate to allow him to take his seat in the Senate. Both Pawlenty and Ritchie have refused requests from Franken to issue the certificate, saying that Minnesota law requires them to wait until a lawsuit by Franken’s opponent Norm Coleman (R-MN) is resolved (see January 7, 2009). Franken’s petition to the Minnesota high court contends that one part of Minnesota law requiring the issuance of a certificate holds sway over the portion of law Pawlenty and Ritchie have cited. Part of Franken’s argument cites a court precedence saying that the US Senate, and not an individual state, must choose whether to seat an elected official. [Minneapolis Star-Tribune, 1/12/2009; Minnesota Independent, 1/13/2009] The Coleman campaign issues the following statement regarding Franken’s request: “Al Franken knows he can’t win this election contest based on the major inconsistencies and discrepancies that were part of the recount, and his attempted power play today is evidence of that. He can’t and won’t be seated in a seat he didn’t win, so he is trying this underhanded attempt to blatantly ignore the will of Minnesotans and the laws of the state. The totals certified by the state Canvassing Board include double-counted votes, inconsistencies regarding rejected absentee ballots, and inconsistent handling of newly discovered and missing ballots. These are serious issues that both the canvassing board and the Minnesota Supreme Court directed be handled in an election contest, and that will go forward as required.” Coleman’s lead recount attorney, Fritz Knaak, adds to the heat generated by the Coleman campaign by calling the request an “incredible and rather astonishing” power play, “an unprecedented and futile charade,” an “arrogant move,” and “an insult to the process.” He continues: “Al Franken is not the winner. There is no winner, and there won’t be a winner until the process stipulated in Minnesota election law has been completed.” When the process is complete, Knaak says, “Norm Coleman will be back on top and back to the United States Senate. No one, not Al Franken, not [Senate Majority Leader] Harry Reid, not the national Democrats can declare a winner in Minnesota before there’s an actual legal winner.… Today’s move by Al Franken signals his desperation.… Our voters and our laws matter too much to let politics try to influence the outcome of this election.” The Minnesota high court will refuse to issue the order. [MinnPost, 1/12/2009; Minnesota Independent, 1/13/2009]

Entity Tags: Harry Reid, Fritz Knaak, Norm Coleman, Al Franken, Minnesota State Canvassing Board, Tim Pawlenty, Minnesota Supreme Court, Mark Ritchie

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

The lawsuit filed by former Senator Norm Coleman to block Senator-elect Al Franken (D-MN) from taking his seat in the US Senate (see January 7, 2009) is scheduled to begin on January 26. A three-judge panel will consider Coleman’s case and whether to reverse the findings of the state Canvassing Board, which declared Franken the winner (see January 5, 2009). [Minneapolis Star-Tribune, 1/16/2009]

Entity Tags: Norm Coleman, Al Franken, Minnesota State Canvassing Board

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

Gregory Hollister.Gregory Hollister. [Source: Tiny Politics (.com)]The US District Court of the District of Columbia dismisses a lawsuit brought against President Obama (naming him “Barry Soetoro” in the complaint) by retired Air Force Colonel Gregory Hollister, who challenges Obama’s citizenship. Judge James Robertson begins his order of dismissal by writing: “This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life the case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end.” Robertson rules that Hollister is likely working on behalf of lawyer Philip Berg, whose Pennsylvania lawsuit against Obama’s citizenship was recently dismissed (see August 21-24, 2008). “Mr. Hollister is apparently Mr. Berg’s fallback brainstorm, essentially a straw plaintiff, one who could tee Mr. Berg’s native-born issue up” in another venue and using a new theory: that Hollister’s fears of Obama being an “illegal alien” could jeopardize his ability to respond to a possible call to rejoin the military. Robertson calls Hollister’s claims “frivolous” and terms Berg and his partner, lawyer Lawrence J. Joyce, “agents provocateurs” seeking to waste the court’s time and bring false and malicious charges against Obama. He concludes that the lawyer who filed the brief on Hollister’s behalf, John D. Hemenway, is an officer of the court who is “directly responsible to this court for the pleadings that have been filed on behalf of the plaintiff.” Hemenway, Robertson rules, will “show cause why he has not violated Rules 11(b)(1) and 11(b)(2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.” [US District Court for the District of Columbia, 3/5/2009]

Entity Tags: James Robertson, Barack Obama, Gregory Hollister, Philip J. Berg, John D. Hemenway, US District Court of the District of Columbia, Lawrence J. Joyce

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

A lawsuit filed by failed presidential candidate Alan Keyes and handled by lawyers Orly Taitz and Gary Kreep (see November 12, 2008 and After) is dismissed by the Superior Court of California. The lawsuit asked that since President Obama’s US citizenship is “unproven,” the court bar him from serving as president until the issue is “resolved.” [Superior Court of California, 3/13/2009] Appeals of the lawsuit, going all the way to the California Supreme Court, will be dismissed as well. [Disposition: Keyes v. Bowen, 2/2/2011]

Entity Tags: Barack Obama, Orly Taitz, Gary Kreep, Alan Keyes

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

A three-judge panel rules that Al Franken (D-MN) is the legitimate winner of Minnesota’s hotly contested US senate seat (see November 4-5, 2008), ruling against Franken’s opponent, former Senator Norm Coleman (R-MN—see January 26, 2009). Ironically, when the judges reviewed the ballots under consideration, Franken was awarded almost 100 more votes, setting his margin of victory at 312 votes. Coleman says he will appeal the decision, which will continue to block Franken from taking his seat in the Senate. [Associated Press, 4/14/2009]

Entity Tags: Norm Coleman, Al Franken

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

Al Franken (D-MN), who won the recount to become the junior US senator from Minnesota but who has been blocked from taking his seat by a legal challenge filed by his opponent, Norm Coleman (R-MN—see January 5, 2009 and January 7, 2009), asks the Minnesota Supreme Court to expedite Coleman’s legal challenge to the recount. Coleman is appealing the recent decision by a lower court to uphold the recount findings and declare Franken the winner of the race (see April 13, 2009). Franken won the recount by 312 votes. Franken’s lawyer David Lillehaug says in a court filing, “Because of the important public policy concern of ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this appeal should be expedited.” Lillehaug is echoing concerns made by Franken and his campaign that Minnesota is suffering by having only one, and not two, sitting US senators. Coleman’s campaign says through a spokesperson that it will comply with a Supreme Court ruling; Coleman himself has said he wishes the process to move as quickly as possible. Franken wants oral arguments before the Minnesota high court to begin in early May, but Coleman’s lawyer James Langdon says those arguments probably will not begin until late May or early June. Minnesota’s version of the Democratic Party, the Democratic-Farmer-Labor Party (DFL), has begun a “Give It Up, Norm” campaign prodding Coleman to concede the election. DFL official Brian Melendez says of Coleman, “If he fights this through to its bitter conclusion, he’ll be not only a sore loser but a permanent loser.” Minnesota Republican Party spokesperson Gina Countryman says, “The number that matters in this whole scenario is the number of voters that remain disenfranchised,” continuing Coleman’s argument that if the ballots were properly counted, he would have won the recount. [Minneapolis Star-Tribune, 4/22/2009]

Entity Tags: Norm Coleman, Al Franken, Brian Melendez, David Lillehaug, Gina Countryman, James Langdon, Minnesota Supreme Court

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on.Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on. [Source: Jeffrey Thompson / Getty Images / Zimbio]The Minnesota Supreme Court rejects Senate candidate Norm Coleman’s motion to reconsider the vote recount that found his opponent, Al Franken (D-MN), the winner of the November 2008 Senate race (see January 5, 2009). Coleman, a Republican and the incumbent, concedes the election in a brief appearance after the ruling. Hours later, Governor Tim Pawlenty (R-MN) signs the election certificate for Franken, clearing the way for Franken to take his seat in the US Senate. “I can’t wait to get started,” Franken says. “I won by 312 votes, so I really have to earn the trust of the people who didn’t vote for me.” Coleman says he chose not to appeal to federal courts given the likelihood that the results would not have gone his way, and says he respects the high court’s decision. The court rejects Coleman’s contention that hundreds of absentee ballots ruled invalid should be counted, ruling that voters have the expectation of filling out the ballots properly and should understand that improperly completed ballots will be rejected. Franken’s seating gives Democrats a 60-vote majority in the Senate, theoretically giving them a “filibuster-proof majority” that would overcome Republican efforts to block legislation by refusing to allow cloture votes. However, Democrats rarely vote in unified “blocs” as Republicans often do, and two Senate Democrats, Ted Kennedy (D-MA) and Robert Byrd (D-WV), are hospitalized and unable to cast votes. Franken will be seated after Congress’s July 4 recess. [Associated Press, 6/30/2009; Commercial Appeal (Memphis), 7/1/2009] Politico describes the ruling as “remarkably decisive, picking apart and rejecting one Coleman legal claim after another.” Law professor Larry Jacobs says, “Norm Coleman has gotten shellacked in the court room—by judges who were appointed by Pawlenty.” The Minnesota Republican Party protests the ruling, claiming that it “wrongly disenfranchised thousands of Minnesotans who deserve to have their votes counted,” but Senate Minority Leader Mitch McConnell (R-KY) says he accepts the decision, stating: “While I am very disappointed in the Minnesota Supreme Court’s decision today, I respect Norm’s decision not to pursue his case any further. After having more votes on Election Day, he made a great personal sacrifice to pursue an accurate account of the vote for Minnesotans. For that, and his dedicated service on behalf of Minnesota, he should be commended.” [Politico, 6/30/2009]

Entity Tags: Politico, Larry Jacobs, Edward M. (“Ted”) Kennedy, Al Franken, Minnesota Republican Party, Minnesota Supreme Court, Robert C. Byrd, Mitch McConnell, Norm Coleman, Tim Pawlenty

Timeline Tags: Civil Liberties

Category Tags: Election Results, Voting Issues, Lawsuits, Attempts to Decertify

Judge David Carter.Judge David Carter. [Source: HubPages (.com)]US District Court Judge David Carter dismisses a lawsuit brought by a group claiming that President Obama was born in Kenya and, therefore, is not qualified to be president (see August 1-4, 2009). Carter lambasts lead lawyer Orly Taitz, ruling that he is “deeply concerned” that Taitz “may have suborned perjury through witnesses she intended to bring before this court.” Carter notes in his ruling that he has received “several sworn affidavits” showing that Taitz “asked potential witnesses” to lie under oath. Additionally, he rules, Taitz engaged in “improper and unethical” conduct by encouraging her supporters to phone and write him in an “attempt to influence this Court’s decision.” Carter rules that Taitz and her co-plaintiffs have not presented any usable evidence to bolster their claim of Obama’s supposed Kenyan citizenship. Instead, Taitz “favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning.” Taitz’s inflammatory rhetoric, Carter finds, “often hampered the efforts of her co-counsel, Gary Kreep… to bring serious issues before the Court.” Carter rules that he exhibited “extreme patience” with Taitz and Kreep’s filings, noting that while Taitz and Kreep filed their lawsuit on January 20, 2009, they failed to serve the defendants in the case until August 25, 2009, and only then after repeated court orders to do so. “Taitz also continually refused to comply with court rules and procedures,” he notes, and even tried to get Magistrate Judge Arthur Nakasato removed from the original case because Nakasato required her to follow the court rules. And, he writes, Taitz attempted to dismiss two of her clients from the suit because she did not wish to work with their co-counsel. “Plaintiffs have encouraged the Court to ignore [the] Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by ‘We the People’—over sixty-nine million of the people,” Carter writes. “Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.” [The Smoking Gun, 10/29/2009; United States District Court for the Central District of California, 10/29/2009] Taitz and Kreep have filed a similar lawsuit with failed presidential candidate Alan Keyes, which has also been dismissed (see November 12, 2008 and After and March 13, 2009). Taitz was recently fined $20,000 for judicial misconduct (see October 13-16, 2009).

Entity Tags: Gary Kreep, Alan Keyes, Arthur Nakasato, Orly Taitz, Barack Obama, David O. Carter

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

California “birther” lawyer Orly Taitz, mounting a longshot candidacy for California secretary of state, has another lawsuit, Taitz v. Obama, thrown out of court. The lawsuit is another in a series of legal attempts by Taitz to challenge President Obama’s citizenship and have a court remove him from the presidency (see March 13, 2009, August 1-4, 2009, September 16-21, 2009, October 29, 2009, and October 13-16, 2009). Judge Royce C. Lamberth, in his ruling, writes, “The Court is not willing to go tilting at windmills with her.” Lamberth refuses to allow Taitz to refile a lawsuit challenging Obama’s citizenship in a Washington, DC, federal court. Lawyers for Obama had asked that the case be dismissed because, among other things, Taitz does not have standing to bring it because she has not been harmed and the courts have no authority to remove a sitting president. [Orange County Register, 4/16/2010]

Entity Tags: Royce Lamberth, Barack Obama, Orly Taitz

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

The non-partisan PolitiFact, an organization sponsored by the St. Petersburg Times, responds to a recent claim that Supreme Court Justice Antonin Scalia has approved a case challenging President Obama’s US citizenship (see October 31, 2008 and After). The claim comes from a chain email circulating around the Internet that purports to feature an Associated Press (AP) article titled, “Very Quietly Obama’s Citizenship Case Reaches the Supreme Court.” The article is not a legitimate AP creation, according to AP spokesperson Jack Stokes, and in fact is an April Fool’s Day joke. The email quotes the article as saying, “Under growing pressure from several groups, Justice Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear arguments concerning Obama’s legal eligibility to serve as president in a case brought by Leo Donofrio of New Jersey.” Donofrio has indeed sued New Jersey Secretary of State Nina Wells in an attempt to block New Jersey’s certification of Obama’s presidential victory there in November 2008; Donofrio claimed that Obama has dual US-British citizenship and therefore is ineligible to be president. The case was turned down by the Supreme Court. PolitiFact notes that it takes four Justices, not one, to have the Court hear a case. In such an instance, the Court issues a “writ of certiorari,” sometimes referred to as “cert.” No individual justice ever makes such an announcement. Donofrio’s case first went to Justice David Souter, who denied the request. It then went to Justice Clarence Thomas, who submitted it to committee. The Court denied “cert” for the case. PolitiFact calls the claim “ridiculous and misleading.” [St. Petersburg Times, 6/28/2010]

Entity Tags: US Supreme Court, Leo C. Donofrio, Barack Obama, Associated Press, Antonin Scalia, PolitiFact (.org ), Clarence Thomas, Jack Stokes, David Souter

Timeline Tags: Domestic Propaganda

Category Tags: Obama 'Birther' Controversy, Lawsuits, Attempts to Decertify

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