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A “FIRST” IN ELIGIBILITY CHALLENGES
by Cody Robert Judy, ©2014, blogging at Cody Judy
(Jul. 25, 2014) — An interesting development has came to my attention on the new U.S. District Court case filed here in Utah in Judy v. Obama et.al., Case No. 1:14-cv-00093 that I wish to address to quell rumors of all sorts being directed in the case.
This is a new case that has been filed and is separate, unique and an original filing compared to the ballot challenge litigated to the U.S. Supreme Court in Judy v. Obama 12-5276 that began in Georgia’s Administrative Court with Judge Malihi.
Yesterday, July 24th, 2014 I received notice that the originally assigned senior Judge Bruce S. Jenkins recused himself by an order he originated. This Order was not pre-empted with a Motion for Recusal by me or the Defendant(s) in the case.
To my knowledge this has never happened before in any case to date which in some way involved Obama’s qualifications, or injury due to the ineligibility, qualification, or occupation of the Office of the President involving Obama in a plea for the Court’s due process for injury in a Civil Rights and Federal Act violation Complaint associated with the allegations asserted by myself as a Presidential Candidate in the presidential election race(s) 2008, 2012, 2016.
I want to make clear that this case does not ask the Judge to remove Obama from the Office of the President whatsoever. That in my mind, and many in the Judicial Branch, belongs to Congress. This is simply a plea of injury and a request for compensatory damages as well as statute damages due to violations alleged in the presidential contest or race according to the rules of the race.
As for the action of Judge Bruce S. Jenkins to respectfully recuse himself, I do not have any definite answer. Judges may recuse themselves for a host of reasons, and in many instances have a responsibility to dismiss themselves for many reasons which can range from a conflict of interest due to work done outside their judgeship, to personal life events which they feel might serve as a conflict interest to the adjudication of the case, to a complication of their own circumstances in health, time, and ability to serve in the particular case interest.
I do know Honorable Jenkins is a senior court judge and he has served the Court for many years. Senior Judge Status is given to Judges who have reached a certain age and have served a certain number of years and they serve the court in a limited capacity as the court may need them rather than say a full time judgeship.
The Order of recusal being signed by Judge Jenkins also enumerated the case being reassigned to the Chief Judge of the Utah District – Judge Ted Stewart for all further proceedings.
It is probably best not to read too much into this development although it does serve as interesting “wonder why?” speculation. Of course that is all we can do is speculate as to the reasons why because we do not know of any certainty. Has it ever happened in a ‘Birther case’ as the media is fond of labeling them? No, I do not think it has.
Why Judges recuse themselves article
http://www.rotlaw.com/legal-library/what-is-recusal-what-does-it-mean-for-a-judge-to-recuse-herself/
PIONEER DAY CELEBRATED IN UTAH
On to a different subject, July 24th, yesterday, was a great celebration in Utah known as “Pioneer Day”. Pioneer Day was celebrated originally as far back as 1849 and celebrated the day when Brigham Young entered the Salt Lake Valley area from a long and treacherous continental trek and said “This is the Place” of settlement.
Looking for a place to practice religion freely without treachery for their religious beliefs the Mormon Pioneers braved an incredible exodus out of East Coast States. Later, in 1897 the 24th of July also incorporated Utah’s entry as a State into the United States of America and has continued on to this day.
I like the words of President Kennedy about this recited in this 1 minute video in his own voice as enduring as he was.
https://www.youtube.com/watch?v=YcFnrOv2fQ0
See the video and read the rest here.
