GARDNER BELIEVES HIS AUTHORITY TO ACT HAS LAPSED
by John Charlton
(Sept. 16, 2009) — New Hampshire Representative Laurence M. Rappaport confirmed for The Post & Email the latest developments concerning his request for an investigation of Barack Hussein Obama’s presence on the NH ballot in 2008.
Mr. Gardner called me yesterday afternoon. He told me that he cannot begin an official investigation because
a) he doesn’t have the staff to do anything large scale,
b) he believes his authority lapses after an election and
c) any formal investigation would have to be started by the New Hampshire Election Law Commission.
Mr. William Gardner (D) is the New Hampshire Secretary of State. The Post & Email has attempted to contact Gardner for a statement since publishing our first report on this issue, on Saturday. I asked him three questions:
1) I am specifically interested whether a) you have formally directed your office to undertake an investigation, and b) if you could explain to me what are the statutory requirements and process for Presidential candidates to obtain a place on the NH general ballot and be admitted thereto by your office.2) I also ask if you could give me a statement on what are the requirements for the office of president, according to Article II, Section 2, paragraph 5; and if you are familiar with the seven (7) Supreme Court Rulings which quote approvingly the definition given by Emmerich de Vattel (The Law of Nations) that a “natural born citizen” is; namely, as “one born in the country of parents who are citizens” thereof.3) Since Barack Obama II was a British subject at birth, in virtue of his father’s nationality, by what criteria did your office determine he was a natural born citizen?
Gardner’s office did not respond to The Post & Email’s request for more information.
Representative Rappaport (Coos District 1) has clarified for The Post & Email, that during his initial visit, Mr. Gardner affirmed that if his office could not take action, the request for an investigation would be forwarded to the New Hampshire Attorney General’s office, which has investigated election fraud cases before (e.g. in 2006).
The new state Attorney General is Michael A. Delaney, who was sworn in on Aug. 24th, of this year, by Governor Lynch, following the resignation of the previous occupant. Delaney wasted no time getting to work filing his first action just two days later, in State v. Dr. Anton A. Heins, III.
NH Representative Rappaport says Delaney previously served in the State’s AG office and in the Governor’s personal council. Delaney hails from Manchester, NH, according to his office’s news release.
Rappaport in closing, responded to the many emails and phone calls which resulted from his interview by the Post & Email, and the wild charges being posted on the internet about his simple request, saying “… I’m not advocating for any position; I am most certainly not a racist, but I do think the American people have a right to know if our President was indeed eligible.”
Since The Post & Email covered this story, it has been picked up by a number of news agencies, and dozens of websites.
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[...] after his visit to the New Hampshire Secretary of State, Rappaport was informed that Garnder no longer believed himself to have the authority to investigate, and that he was [...]
[...] Email reported the story on Saturday, Sept. 12th, by Wednesday the 16th, The Post & Email was reporting that Gardner refered the complaint to the NH Attorney General on Tuesday, Sept. 15th. Schoenberg writes on Sept. 16th, when the NH [...]
Larry Walker, Jr. Below is my email exchange with SoS office in GA back in October.
My original email>
The reply>
Good luck…..
And PS My email exchange with the NH SoS office back in January can be read here. http://www.therightsideoflife.com/?p=7265
[...] Representative Laurence M. Rappaport’s complaint to the NH Secreatary of State, has been forwarded to the NH Attorney general, the question of the day [...]
Why did he feel the need to say he was not a racist? Is that how it’s going to be with this President from now on. I thought we moved past all of this. What a dissapointment.
Well, hopefully this will get to the AG. I forwarded the same report from JB Williams to my local election supervisor requesting an investigation and today she forwarded it to the GA Secretary of State. We shall see what happens.
Dear Greg Goss,
I never reply to comments, in my own box; but will break protocol to point out that the case cited by the GA SOS, Terry vs. Hanel was dismissed as moot; and so the SOS in GA, it appears, cannot use such a case to argue that there was no election fraud, because a moot judgement refers to what has already been done and cannot be undone; which does not address the fraud that was allowed to happen, only what kind of remedy the court could take in the action requested by the plaintiff.
See Docket on this case:
http://www.gasupreme.us/docket_search/results_one_record.php?docr_case_num=S09D0284
There is a difference. A citizen of GA could still file a criminal complaint with the AG, alleging election fraud, depending on what filings a candidate made to get on the ballot; not that such a request asks for the election to be undone; but that such a request to the AG asks that the crime be investigated, and the violator be prosecuted for fraud. There is a difference. That’s probably why Terry failed. But without seeing his pleadings; I admit I might be wrong. In any event, the GA Supreme Court has no authority to undo a State Statute which is obviously objective and not discordent with the Constitution; because though the Constitution allows an eligibile candidate to be vetted in Joint Session, the State can require that its election process not be marred by fraud. Neither the GA State Court, as the statue currently reads on the SOS duties, nor anyone else can take away GA’s right to do this. The GA courts have in the past notable tried to violate the balance of powers in GA.