As reported by the Blog of the Legal Times here, Chief Judge Royce Lambert of the U.S. District Court for the District of Columbia has dismissed Orly Taitz’s latest suit seeking to challenge President Obama’s eligibility to serve as president. The opinion is available here.
In related news, Joesph Farah — the founder, editor and CEO of WorldNetDaily — has posted this guano-crazy defense of LTC Lakin. And if this is the best your supporters can do to defend you, you’re probably in deep kimchi. The title of the piece is, “Press tries, convicts doctor-soldier.” Let’s look at Mr. Farah’s argument.
He begins with this:
Do you remember the old concept of presumption of innocence?
We all learned in school that you were “innocent until proven guilty” in a court of law.
When I first entered the ranks of the news media, the profession actually adopted that as a standard in its news coverage of those accused.
Well, like so many other media standards, you can throw them out the window when it comes to those brave men and women who stand up for principle and the Constitution in challenging Barack Obama to prove his eligibility for office.
Mr. Farah seems oblivious to the irony that while extolling the presumption of innocence, he seeks to place the burden on President Obama to disprove the birthers’ guano-crazy conspiracy theories.
Mr. Farah then makes a technical error, but still one that suggests his lack of diligence: he says that LTC Lakin is facing the possibility of a “dishonorable discharge.”
He then lambasts AP, writing: “Here are some of the highlights of a ‘straight news’ account of the story from AP as posted on FoxNews.com.” One of his examples: “Hawaii Health Director Dr. Chiyome Fukino issued statements last year and in October 2008 saying that she’s seen vital records that prove Obama is a natural-born U.S. citizen.” Uhm, Mr. Farah, that statement is absolutely true. In July 2009, Dr. Fukino made a statement that she personally saw “the original vital records maintained on file by the Hawai’i State Department of Health verifying Barack Hussein Obama was born in Hawai’i and is a natural-born American citizen.” So what the AP wrote is completely accurate. Including Dr. Fukino’s statement in a news article about LTC Lakin isn’t editorializing or spinning. It’s correctly reporting a fact relevant to LTC Lakin’s claims. In other words, it’s informing the readers, which is the whole point of news reporting.
Mr. Farah then makes the remarkable statement that “it’s a total misrepresentation of Col. Lakin’s view and the point of the so-called ‘birthers’ to suggest they believe Obama was foreign born.” Does Mr. Farah not know that the man he champions wrote this in an Article 138 complaint: “I believe General Casey is following and promulgating invalid and/or illegal orders from A PERSON THAT IS NOT ELIGIBLE TO BE THE COMMANDER-IN-CHIEF OF OUR ARMED FORCES”? (emphasis added).
Okay, maybe Mr. Farah never read the Article 138 complaint. But does he read his own web site? On Monday, WorldNetDaily posted an article headlined: “Born in the USA? Officer to Army: Bring it on! Refusing to deploy without eligibility answers, misses due date at Fort Campbell.” That article quotes a statement by Margaret Calhoun Hemenway, who WND identified as “acting as a spokeswoman for Lakin.” Ms. Hemenway’s statement said, im part: “As LTC Lakin faces court-martial, the preponderance of anecdotal information falls heavily on the ‘born in Kenya’ side of the debate . . . .” So how can Mr. Farah claim that “it’s a total misrepresentation of Col. Lakin’s view and the point of the so-called ‘birthers’ to suggest they believe Obama was foreign born”?
I’ve written before about the birthers’ apparent lack of response to statements issued by the Hawaii Director of Health, Dr. Chiyome Fukino, that she and Hawaii’s Registrar of Vital Statistics reviewed President Obama’s original birth certificate and that it established he was born in Hawaii. Here’s Mr. Farah’s response to Dr. Fukino’s statements:
If I hear one more time that Hawaii Health Director Dr. Chiyome Fukino is the person who established Obama’s constitutional eligibility requirement, I think I’m going to scream. Who the heck is this person? Have you ever seen her? What does she know about the Constitution? Have the American people ever had the opportunity to quiz her? And since when do Americans take the word of some obscure un-elected bureaucrat, a political appointee, on matters of import such as whether the president of the United States is qualified?
I can answer that question — since 2008!
First, the point isn’t that Dr. Fukino is charged with determining President Obama’s eligibility. She is verifying that official Hawaii records indicate that President Obama was born in Hawaii — which would make him a U.S. citizen by birth without regard to issues of parental citizenship. Second, in a piece extolling the presumption of innocence, apparently Mr. Farah isn’t willing to engage in the presumption that a Hawaii state official (under a Republican governor, no less) is stating the truth when she says that she and another Hawaii official reviewed President Obama’s original birth certificate and that it establishes he was born in Hawaii.
There are about 3 million servicemembers on active duty and in the reserves. Do LTC Lakin and his backers believe that each one must “quiz” Dr. Fukino before they will deign to obey military orders?
Mr. Farah has no effective rebuttal to Dr. Fukino’s statements because there is no effective rebuttal to them. Even without those statements, most rational people would conclude that President Obama was born in Hawaii. But with them, even the most skeptical reasonable person would conclude that’s the case. Which leaves Mr. Farah, LTC Lakin, Ms. Hemenway, and all of their supporters outside the Venn diagram circle labeled, “Rational People.”