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“THIS MOTION IS GRANTED”

by Sharon Rondeau

Commonwealth of Virginia's Attorney General Ken Cuccinelli filed the first lawsuit against government-mandated health care

(Oct. 8, 2010) — Last March The Post & Email reported on an “Admission of Ineligibility” declared by a Florida man after he charged Barack Hussein Obama with “negligence” for failing to answer his request that Obama prove he is a natural born Citizen and therefore qualified to hold the office of President of the United States.

Mr. W. Spencer Connerat III, the author of the document which he deemed a “confession,” had originally sent it to the attorneys general of Florida and Virginia last March in the likely event that either or both of them decided to file a lawsuit over the impending passage of the Patient Protection and Affordable Care Act (PPACA).  Some have referred to the legislation as “Obamacare,” and its constitutionality has been debated since long before its passage.

Attorney General Kenneth Cuccinelli, on behalf of the Commonwealth of Virginia, filed suit against Health and Human Services Secretary Kathleen Sebelius directly after the legislation was passed by Congress on March 23, 2010.  A group of more than 20 states filed a similar lawsuit led by Attorney General Bill McCollum of Florida.

Regarding Obama’s constitutional qualifications for office, Cuccinelli has acceded to the possibility that Obama might have been born in a foreign country, but has also said that he “believes” that Obama was born in the United States.

Just today, Sebelius announced that “the government is giving $727 million to 143 community health centers across the country.”

On July 2, 2010, Judge Henry Hudson denied the federal government’s request to dismiss the Commonwealth of Virginia’s lawsuit over the PPACA, ruling that the Commonwealth had “standing” to sue because of its passage of a law protecting its citizens from being forced to purchase a government-mandated health care program.

On September 21, 2010, Judge Hudson granted Mr. Connerat’s motion to file an Amicus Curiae brief to be included in the Virginia lawsuit along with many others filed by interested parties, including Physician Hospitals of America, former U.S. Attorney General Edwin Meese III, and the American Civil Rights Union.

Judge Henry Hudson's order to send a copy of the Amicus Curiae brief "to all counsel of record"

The text of the order reads:

ORDER

THIS MATTER is before the Court on an Optional Motion for Leave to File Amicus Brief (Dk. No. 92), submitted by W. Spencer Connerat, III.  Upon due consideration, this Motion is GRANTED.

Movant included his Brief as Amicus Curiae with the Motion that he filed with the Court.  The Clerk is therefore directed to file Movant’s Optional Motion for Leave to File Amicus Brief (Dk. No. 92) as Movant’s Brief as Amicus Curiae Supporting Plaintiff.

The Clerk is directed to send a copy of this Order to all counsel of record.

It is SO ORDERED.

Connerat’s Friend of the Court brief consists of three pages and reportedly alleges that the health care bill was signed into law by someone ineligible to do so. It can be found on Scribd here. The brief and Mr. Connerat’s original “Tacit Admission of Ineligibility” can be found here.

Others have speculated that it is widely known by members of all branches of government that Obama does not meet the constitutional eligibility requirements to serve as President.

One report states that if Republicans gain enough seats in the House and Senate in next month’s midterm elections, a host of possible crimes will be investigated, although it does not mention the question of Obama’s eligibility.

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  1. Obama is not an NBC. The House will impeach him. The senate will refer the case to SCOTUS, as he was never eligible to be POTUS and cannot be impeached. He will be removed by SCOTUS as ineligible. Biden is on the same ticket and also knew of the fraud VP will be ineligible. The speaker of the House will be placed into office.

  2. johnny says: to thomas— obama cannot show what he does not have. if he forges one he could be charged with federal felony fraud. ***** What I don’t understand is this: why is BO not charged with ID theft, because he uses a stolen Soc Sec card number? Isn’t this easily verified by checking with the Soc Sec dept? There’s no problem publishing the number – 042-68-4425 – because it’s fake and all over the Internet. It was issued to a person in Connecticut that was born in 1890! BO doesn’t even protest that the number is “out there”!! He’s just ignoring it – not said a word. What’s that thing about being silent — “tacit admission of guilt”?

  3. “…On the bright side, this pain will be an unforgettable reminder not to let this happen again. It may also be the end of the Democratic party.” **** I believe (and I hope) it will be the end of the Dem party – at least, as it currently stands. The Dem party has been hijacked by communists and progressives, and is now a great threat to the existence of America. I do believe in the 2-party system, so hopefully it will die and be resurrected as the Dem party of yester-year, the party of the (non-union) working man.

  4. Broseph Maine says: According to…Rehnquist…nothing that Obama has done or will do will be reversible ON PRINCIPLE. Congress may try to reverse the actions with legislation, but the legal precedent is that there is no such thing as null and void with regard to the “usurping” of the “presidency” — when the person in command has been duly elected and is standing as the leader **** Oh. Well, then, a precedent will be set with Obama and his issue of ineligibility. There’s a first time for everything. I doubt “duly elected” could be applied to BO, since fraud was committed upon the people such that they were completely misled regarding who they were voting for. Going forward with the precedent that will be set, we will know exactly what to do and how to do it, God forbid should we ever be in such a jam again.

  5. johnny says: to don— mccain has eligibility problems. thats why he was silent about obama. also mccain is complicit in fraud himself. he may get charged with misprison of felony when and if obama falls. *****Correct. McCain knew Obama was not eligible, but was a coward and didn’t stop it. Hell, he wouldn’t even bring up the subject or confront BO in the debates. McCain could easilty have made BO’s ineligibility an issue. Having a black foster child whom he raised from infancy, McCain could have gotten away with it without being accused of being a racist, which continues to be the reason everyone looks the other way.

  6. Joan says: Palin also openly promotes Obama and his acts. I do not agree on this motion. ***** Wouldn’t you know, it’s a woman that jumps in and says this…..got jealousy??

  7. It is ‘In Fact’ the 3rd page of the Amicus Brief that is extremely important.
    TACIT ADMISSION of Ineligibility “Silence gives consent.”
    an ancient maxim of common law, and from that maxim flows a widely applied legal principle: the Rule of Tacit Admission. On the theory that an innocent man would loudly deny a serious charge, the rule holds that a suspect silent in the face of an accusation has tacitly admitted the crime. And such silence can later be introduced at his trial as an indicator of guilt. Despite the U.S. Constitution’s guarantee against self-incrimination, the rule has long been followed in much of the U.S.
    Silence in the face of evil is itself evil: God will not hold us guiltless.
    Not to speak is to speak. Not to act is to act. A Neutral Position is still taking a Position.
    Definition: implied or indicated (as by an act or by silence) but not actually expressed. Furthermore, Failure to Appear, in person or by agent/attorney in fact. Tacit Knowledge/ known or [a given] ability to reasonably know. In this case, yet another aspect holds under Common Law. IF, Mr. Obama is a lawyer as he claims, then he is held to a higher standard of knowledge in this regard. Having possessed the knowledge in which to know.
    Recently the Obama Administration used Tacit Admission of Patriot Act Success, by silently signing his extension to this Act after years of Demagoguing Bush and the Patriot Act as wrong, therefore exercised a Tacit Admission that Obama was wrong the Patriot Act was correct. The Act itself, trumps the spoken admission.

    In case after case ruling of ‘No Standing’ by the People, of the People, For the People; Common Sense has gone awry regarding the Constitution that holds true. Have we as a nation become so artificial and fake that we no longer can identify natural? Common Sense would proclaim that, why would someone spend millions of dollars to conceal their required identity, when, if true, a $10.00 Certificate, a 10 cent copy of a record, would suffice, Unless one has something to hide, such as the truth. Avoidance of truth is often a temporary measure. Avoidant Personality Disorder [recognized in the DSM-IV TR handbook ] as characterized by a pervasive pattern of social inhibition. Often accompanied by Superiority Complex Personality Disorders.

    I admire Judge Hudson’s Discretion of the Court, for allowing the Voice of the Citizen to be heard and recognized. Although Dr. Connerat is a single citizen person, per se, he still represents a larger group, commonly known as We The People of the United States of America. I view two (2) extremely important Counts of Law before the Bar; 1. Is the law valid and Constitutional 2. Was the law signed by a Constitutionally Eligible Acting Official OR (Usurper). To date, not one shred of evidence has been produced that would prove Eligibility. By Obama’s own admission his claimed biological father was not a Citizen of the United States and his second parent, by adoption, was not a Citizen. Therefore, not Natural Born per the law of nations nor the Constitution, [simply put]. Next, not one person has come forward claiming to have vetted the applicant/candidate, last, but not least, all 50 states violated election laws and various constitutional requirements, as did Congress [in whole]. These facts reek civil rights violations, as Gross Abuse of Authority and Deliberate Indifference.

    Dr. W. Spencer Connerat, III a Natural Born Citizen of the Commonwealth of Virginia has therefore been granted and recognized as a Friend of the Court [Amicus Curiae], his evidence has been accepted and considered. This case is being heard on Merit, [principles of law] not by Jury.

  8. As for everything nobama signs, the question remains… what is his legal name and what name did he use to sign the laws with?

    Even though he was “elected” under the Constitution, he cannot be President since he is not eligible, so anything he does as President is a fraud and he can be charged with fraud. Also, as a foreign citizen (British Subject through his father) the possibility exists that he could also be charged as a spy.

    Just my opinion.

  9. There are any number of lapses of Constitutional office holders who swore to uphold the Constitution. And the charade was allowed to go on far to long . There are also the fingerprints of some very rich and powerful people here .That is why this will never be pursued to a just conclusion. And why every attempt will be twarted before getting to the resolution stage. It benefits to many people to just allow this to all go away. I pray I am wrong. In the end maybe the best we can hope for is the demise of the most corrupt and most inept President and Administration in modern history and the undoing of most of the harm they have done. That and some valuable lessons learned so that it never happens again. And we must never forget who the enablers were, the extreme left to include unions, a handfull of crooked congressmen and one of the worlds richest men. God bless America.

  10. The line or order of succession was tainted due to congress’s inaction or some successors outright involvement. Biden would be ineligible to succeed since he was on a fraudulent ticket, and was a senator at the time whose job was to question Obama’s eligibility. Nancy Pelousi as Speaker of the House is ineligible because she signed of on his eligibility certificate from the democ~rat party, and is the number one culprit behind Obama himself. Senator Byrd is dead, but his successor Chuck Schumer was also a senator and was negligent if not also a culpable conspirator. Sec. of State Hillary Clinton was also a senator and was negligent at the least. All the rest are Obama cabinet appointments who would be inneligible due to Obama’s ineligibility.

    The only person who legally and rightfully could succeed in the constitutional order of succession would be; If a congressman was elected during or after the 2008 (so-called) election and who was elected by the House of Representatives to the position of Speaker of the House, that congressman as Speaker of the House and second in line would be the only legitimate successor. If there had been a lone congressman who had challenged Obama’s eligibility at the time, he as the only legitimate congressman who at least attempted to fulfill his obligated duties, should have been automatically made Speaker and sole successor. But that didn’t happen, so it should fall upon a congressman who was not serving at the time and could not be held culpable or was not negligent in his/her duties.

    1. Since everyone in Congress and the Administration seems now to be ineligible to be in line for the Presidency because of fraud or a dereliction of duty, the only fair thing to do would have John McCain and Sarah Palin be made President and Vice President.

      1. to don— mccain has eligibility problems. thats why he was silent about obama. also mccain is complicit in fraud himself. he may get charged with misprison of felony when and if obama falls.

  11. Article II, Section 1 states; “a President… shall hold his office… for four years.” George Bush’s four years are up.
    The 20th Amendment, states;”if the President elect shall have failed to qualify, then the Vice-President elect shall act as President..”
    If the Vice-President is not qualified, as a previous poster suggested, then the Presidential Succession Act of 1947 states that third in line to be President is . . . . . . . . . . Nancy Pelosi, Speaker of the House. At least until November.

    1. …Nancy Pelosi, Speaker of the House. At least until November.

      She’s Speaker until January 19 (or is it the 20th?), when the next Congress is sworn in. I don’t foresee Oilbama being ousted between now and January, so we’re more or less safe from a Pelousy dictatorship. On the other hand, between November and January, we’ve got to watch like hawks the socialist weasels that make up the current Congress. I don’t think these ducks will behave lamely.

      Disclaimer: No offense to weasels or ducks intended.

    2. If Obama went out on ineligibility there would be no way Biden or Pelosi would become president. IMO they are up to their necks and then some in knowingly getting an ineligible person elected and would be marched off to jail along with Barry.

    3. It will fall to the speaker of the House. Obama will be impeached on NBC status as a charge. If he is not a NBC he cannot be president therefore he cannot be impeached in the defined process. The Chief Justice of the Supreme Court will have to rule if he is eligible before proceeding with impeachment. If the court finds him inelegible he will have to be removed from office with a ruling of inelegible to serve. The VP went along with his installment and will have to be investigated for his involvement. It will fall to the speaker of the House.

      1. Who will the speaker be when the House is in Republican hands?. If the Democrats still control the House, (God help us), after the upcoming election there will be no impeachment or any other kind of action on Obama’s ineligibility by the House. No one has to worry about Pelosi ever being president upon Obama’s removal, should it happen, because there is massive credible evidence she is in on the entire scam.

  12. Obama “…duly elected…”? No way Jose! First off, everyone with the fiduciary duty to verify Obama’s eligibility to be on the Democratic primary ballot failed to perform their duty…ditto for the general election ballot…and had anyone done so Obama wouldn’t have been on the Democratic primary ballot, nevermind the general election ballot. Secondly, “We the people…” only select the POTUS…the Electoral College duly elects the POTUS and the U.S. Congress then duly confirms same, and the Electoral College and Congress also failed to perform their fiduciary duty to verify Obama’s eligibility to serve as POTUS.

  13. I fear the consequences of continuing the charade that is Barry’s fake “presidency”, and allowing him and the many others who aided in the biggest fraud in America’s history to continue to get away with it, far more than I fear “the mess” that will occur when justice is finally served.

  14. According to Chief Justice William Rehnquist, just to point it out for the record, nothing that Obama has done or will do will be reversible ON PRINCIPLE. Congress may try to reverse the actions with legislation, but the legal precedent is that there is no such thing as null and void with regard to the “usurping” of the “presidency” — when the person in command has been duly elected and is standing as the leader.

    1. Say again!!

      He died in 2005
      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
      Chief Justice William Rehnquist dies at 80
      Sep 04, 2005 · Chief Justice William H. Rehnquist died Saturday evening at his home in suburban Virginia, said Supreme Court spokeswoman Kathy Arberg.
      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

      1. Are you saying that a former (conservative) chief justices previous positions/comments are not meaningful or impactful?

        I’m just being realistic, which is a general problem with the “birther” movement.

      2. Sure, Broseph Maine. According to almost everyone in 2008, we should have been realistic and just shut up because it was unrealistic to even think that one of the major parties would run a candidate for POTUS who wasn’t eligible to hold that office. It’s a good thing that ridicule didn’t work to stifle us then, either.

      3. Did Rehnquist speak about Obama as you infer, or was he speaking of
        previous usurpers, or perhaps usurpers in general?

        Duly (properly) vetted?

        Duly (properly) elected?

        I don’t think so.

    2. I have seen Democrats floating two trial balloons over the past few months:

      – Obama’s actions will stand if he is removed due to ineligibility

      – Joe Biden will become acting President if Obama is removed due to ineligibility

      Neither of these are true.

      I think the Democrats are starting to get really worried. When the Republicans take over the House, it may well be a catalyst that leads to the exposure of Obama’s fraud.

      Obama is not a natural born Citizen and is therefore not the President. Everything he has done has been just the work of a non-elected private person. It takes a real President to make those actions legitimate. Obama is not a real President.

      Obama’s name on the 2008 Democratic Primary ballot and the 2008 General Election ballot make both of those elections invalid. No Electoral College delegates were chosen by a valid election, so the 2008 Electoral College election was invalid. Therefore, Joe Biden is not the Vice President.

      When Obama is removed for his ineligibility, there will be great turmoil as all of the damage that he and his co-conspirators have done is realized. It is the pain we will have to endure to put the US back to right. There is no easy way out. On the bright side, this pain will be an unforgettable reminder not to let this happen again. It may also be the end of the Democratic party.

      1. I read an article this morning that linked Obama to a German communist spy jailed for treason. Perhaps this would be more ammunition?

        On New Zeal blog, referencing Stanley Kurtz’s new book, Radical-in-Chief: Barack Obama and the Untold Story of American Socialism.

        url: http://wp.me/pheQ0-9P|

      2. Boy do I hope you are right…I am so sick of this mess,. What I fear most is what he will try to do to us before this all happens. As was reported in the LA TImes (not the most right leaning rag around) He will RULE by Executive Order because he knows he will be faced with an “unfriendly” congress.
        Is there a chance this cannot move fast enough to save us? We can only hope we are strong enough to survive.

  15. I hope Judge Hudson has protection 24-7. I still believe the Obama thugs (DoJ) got to Judge Carter last year in Orly Taitz’s case. What else would make a decorated marine and judge go from gung ho (ready to order discovery) to a wimpy, back pedalling, scared old man? If it was just a pay-off, I don’t think the Judge would have looked so nervous and uptight when he dismissed the case a month later. jmo

    1. I just read the article. Everyone thought they would start cracking down on militias, which are perfectly legal, because they know we are on to them. This will get even more frightening as they really try to increase their power grab. the tea party scares the pants off them. if we get back to a constitutional form of goverment dba USA is doomed.

  16. Americans pray this issue finally sees the light of day. The system has been corrupted and need to be put straight once again. For how many years have patriotic Americans stood by and ignored the lies coming from our politicians. The power needs to go back to the states were it belongs, but first we need to protect the position of the President of the United States from being taken over by traitors.

  17. The entire constitution and everything the usurper signs are null and void, all the appointments too.
    Man, WHAT A MESS!!
    Thanks Pelosi you criminal!!