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ALABAMA: Constitutional Presidential Candidate Files Suit

Wednesday, February 15, 2017 5:01
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A Presidential Candidate Pulls An Obama

by Helen Tansey

Constitution Party presidential candidate, Virgil Goode and Hugh McInnish, an Alabama resident and active GOP member, filed a recent Civil Action -CV-12-1053 in Alabama’s Montgomery County Circuit Court requesting the Alabama Secretary of State Beth Chapman “verify president Barack Obama’s eligibility –and all of the candidates—to be placed on or remain on the November 6, 2012 general election ballot” according to a news release published by PRNewswire-USNewswire.
The news release goes onto state -
 “In particular, the complaint alleges that there is prima facie evidence that both Obama’s birth certificates are fraudulent, and that, under the Supreme Court interpretation, he does not qualify in any event as a “natural born citizen” eligible to be president.

The complaint alleges that under the Alabama and U.S. Constitutions the Alabama Secretary of State, having taken an oath to uphold both, must verify Mr. Obama’s eligibility; otherwise a fraud could be committed on the American people and votes nullified in the state of Alabama.

The Complaint also refers to and incorporates evidence obtained by Sheriff Joe Arpaio and his investigator Mike Zullo, which confirm that the alleged long form birth certificate which was posted on the White House’s website is fraudulent.

The Complaint demands that the Alabama Secretary of State require that all candidates For President wishing to be on the Alabama ballot produce their birth certificates.

Plaintiffs are being represented by two attorneys, Larry Klayman, founder of Judicial Watch and Freedom Watch, in his private capacity (See, and by Dean Johnson of Huntsville. The attorneys have asked the court for expedited consideration of the Complaint and have submitted a Motion for Summary Judgment, given that the presidential election is only a month away.”

You may recall, Hugh McInnish filed a challenge months ago which was stricken due to the case being filed in the wrong jurisdiction. However, when the Order to Strike McInnish’s Petition for Writ Mandamus was issued, Alabama Supreme Court Justice Tom Parker stated in the Order -
Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the “short form” and the “long form” birth certificates of President Barack Hussein Obama that have been made public.”
Since receiving the Order in March 2012, McInnish set out to re file his Writ in the “appropriate forum” and to secure an attorney with constitutional experience. It looks like he has successfully achieved his goals–the recent filing of the Civil Action in the Circuit Court of Montgomery, Alabama and attaining Larry Klayman as attorney of record.  As well, he picked up a new Plaintiff who has “standing” that being Virgil Goode.
Who is Virgil Goode?
Goode earned his law degree from the University of Virginia School of Law. He won a Virginia State Senate seat as an Independent in 1973 at the ripe young age of 27. Shortly after his win, he switched his party affiliation from Independent to Democrat.  In 1996 he captured Virginia’s 5th District seat for the U.S. Congress. In 2000 Goode switched back to being an Independent caucusing with Republicans and in 2002 ran on the Republican ticket. In 2008, after serving six terms in the U.S. House of Representatives he lost his seat to Democrat Tom Periello. Republican’s regained the seat in 2010.
Goode is the 2012 presidential candidate for the Constitution Party and has secured a slot on Alabama’s presidential ballot running as an Independent (at the time of this posting we were unable to verify why he’s listed as an Independent rather than a Constitution Party candidate). The Constitution Party is backing his run and serves as a legitimate political entity with a growing organization behind it.

Over the last six or more months, primary ballot challenges have been filed by numerous citizens in a majority of states focusing on Secretary’s of State to remove Mr. Obama, in particular, from the ballot due to his inability to meet Article II eligibility. Many electors have focused on Article II qualifications with an emphasis on Mr. Obama’s lack of “natural born Citizenship,” others have leveled challenges using Sheriff Arpaio’s investigative findings while some have incorporated both strategies. To date none have broken through the judicial firewall, but this Goode-McInnish Civil suit may very well succeed where others have not.

First, Goode has automatic standing to challenge all of the presidential candidates to verify their Article II qualifications to be on the Alabama general election ballot because he, as a candidate, will be harmed by having to run against constitutionally ineligible candidate(s). Goode-McInnish are simply excercising their rights and employing the same tactic Mr. Obama used when he challenged the petition signatures of then candidate Alice Palmer during his bid for her state senate seat in 1996.

Second, the Goode-McInnish suit is placing the burden of constitutional verification on Alabama’s Secretary of State before the general election. We know that the Secretary’s of State throughout the country simply rubber stamp the Republican and Democratic Party presidential/vice presidential nominees as the state legislatures require. Until this filing, no presidential candidate winning a spot on the general election ballot has issued a challenge to a Secretary of State demanding verification of his opponent(s) constitutional qualifications. You may recall back in 2008 Wiley Drake was the Vice Presidential candidate for America’s Independent Party (AIP) who later joined Barnett v Obama lawsuit filed in 2009, but remember this suit wasn’t filed until after the general election. Therefore, Drake’s efforts were made after NOT before election day in 2008, the Electoral College certification and Congresses affirmative acceptance of the College’s majority vote for Mr. Obama.

Third, McInnish-Goode are not suing the Alabama Democratic or Republican Party nor any of the presidential candidates. They are only requesting Ms. Chapman do her job as Secretary of State, that is to “verify the eligibility of all the candidates for the Office of President of the United States by requiring from each a bona fide birth certificate sent directly to her from the official in charge of the depository where such is held, and verifying that each is of the character and quality of that required for a  teenager to receive a driver’s learner’s permit, before placing them on the 2012 general election ballot.” Chapman’s attorney will be State Attorney General Luther Strange.

According to the Alabama State Attorney General’s website, Strange is duty bound as a “constitutional officer whose duties and powers are prescribed in Title 36, Chapter 15, of the Code of Alabama (1975).  As the state’s attorney, he provides legal representation for the state of Alabama, its officers, departments, and agencies. The Attorney General defends the state in all lawsuits in which the state is named as a defendant. He represents the state in all court proceedings wherein the constitutionality of a state statute is challenged.”  

Fourth, this Civil Action is filed in the correct venue–the Circuit Court of Montgomery, Alabama. The Presiding Judge of the Circuit Court is Charles Price. Judge Price, you may recall, first ruled in favor and later against Judge Moore’s right to post the Ten Commandments in his courtroom. Following Judge Price’s final ruling against Moore, the John F. Kennedy Library and Museum honored him with their JFK award “for his devotion to the principles of the American Constitution.” We will soon learn if his devotion carries over to Article II qualifications and the definitive definition of natural born Citizen – citizen parents, plural, born on American soil.
Lastly, this suit doesn’t ask the court to rule on the correct definition of natural born Citizen nor does it request a review of any criminal allegations. Plainly, the suit only asks the Alabama Secretary of State to do her job.

The Goode-McInnish suit argues rather eloquently and decisively the facts surrounding our Founding Father’s intent behind the inclusion of Article II, Vattel’s influence on our founding documents and the citing of citizenship cases carefully instructing and delineating the differences between each. It is quite the read –

Article II Super PAC will be keeping a close eye on this case and will report all updates. This is a suit worth we encourage all to keep an eye on.

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