Paige announces his latest hopes…
My case in now before the Vermont Supreme Court and I believe that there are realistic prospects for a fair reasoned decision by them. Each day that passes indicates that they are giving the issues presented a through review and the longer their consideration – the greater my confidence in a successful outcome for us all!
H, Brooke Paige
Appellant/Plaintiff, pro se.
Paige v. State of Vermont, et al.
Vermont Supreme Court Docket 2012-439
Yes, the outcome will be successful for all, except the few who are still doubting our President’s citizenship status. I love those self-fulfilling prophecies… Paige also is upset about his failures to properly serve the President but that is irrelevant as to his lawsuit as he lacks standing. Hoping that he could pursue an approach suggested by Tokaji and have standing in a State Court, he was not aware the VT follows the rules in Lujan. The Court also found that the State Court would be inappropriate to make a decision on the eligibility of a presidential candidate. The Court then addresses the issue on the merits, and observes that Mario Apuzzo’s position is academic only and that Wong Kim Ark and Ankeny have resolved the issue.
Finally, the court observes that Rule 4(f) does not apply and that mailing cannot be used. Since Paige only used a single attempt with a process server, the court was no impressed by the ‘diligence’ by the plaintiff. Even if service had been perfected, Paige lacked standing.
The VT Supreme Court is not going to be helpful here.
The Burlington Free Press reports on the hearing:
Paige first distances himself from the ‘traditional’ birthers:
“Don’t pay any attention to them,” he told the justices. “The birther argument is just a sheer flight of fancy.”
But then faces a problematic situation, namely the lack of proper service:
Obama, who was named in Paige’s original lawsuit, was not represented at Tuesday’s hearing. Paige said he was unable to get anyone to successfully serve Obama with his lawsuit, a predicament Justice John Dooley said concerned him.
“How can the court issue an order when he is not a party to the case,” Dooley asked. Paige said Obama “chose not to be present” and that copies of all of the filings in the case had been sent by registered mail to the White House.
And of course there is lack of standing:
Assistant Attorney General Todd Daloz, representing Secretary of State James Condos, told the justices that Paige did not have standing to bring the lawsuit.
“It’s not exactly clear what the injury is,” Daloz said.
Mario Apuzzo is hopeful that for once, the courts will take his ‘Vattel’ arguments seriously. Good luck…
Mario objects to the ruling
In discussing Ankeny, Judge Bent said that “‘natural born Citizen’ is not dependent on the nationality of the parents but reflects the status of a person born into citizenship instead of having citizenship subsequently bestowed. The distinction is eminently logical.” But upon close examination, this distinction is not logical at all. This argument is tantamount to arguing that any person who is a “citizen at birth” is a “natural born Citizen.”
Exactly, your point? Mario finally understands so now what? Calling it ‘not logical’ ? Poor Mario cannot accept the simple fact that Courts have found his ‘arguments’ to be wanting.
Paige has left a comment at the Burlington Press
JUDGE PROVIDES PATHWAY FOR EXPEDITED RESOLUTION OF PRESIDENTIAL QUALIFICATION ISSUE!
Judge Bent has provided the Plaintiff with the ideal pathway to an immediate ruling not only on the reversal of the Motion to Dismiss, but as to the underlying issues as well.
[NBC: Unlikely as the foundation for the ruling on lack of standing is well explained and the Supreme Court is not going to find any fault here. But even if they do, the excellent foundation dismissing the meritless claim about what makes a natural born citizen would easily be accepted by the Supreme Court.]
By stating that he does not believe that he has the right to rule on the issue at hand -regardless of the Plaintiff’s standing, he relinquishes his authority, transferring the question to the Supreme Court, presumably a three Justice panel.
[NBC: Huh? If the Court lacks the right to rule, then at best the Supreme Court can review and send back. But the ruling does not really make this determination.]
This panel can hear and decide the merits before the critical December 7th meeting of the Vermont Electors at the State House.
[NBC: And Christmas could come early ;-) ]
Thanks to Judge Bent for providing an avenue to a decision on the merits that Attorney General Sorrell and his young assistant, Mr. Daloz worked actively to postpone and delay! Plaintiff will file his appeal with the Supreme Court next Tuesday requesting an expedited hearing before a three Justice Panel. Please take the time to read Judge Bent’s Decision which can be downloaded at the link provided by the Free Press. H. Brooke Paige, Plaintiff, pro se.
[NBC: Good luck Brooke... But you may be getting your hopes up for nothing... And thanks for providing another ruling in which the Court rejects the foolish arguments about Native Born Citizen requiring two citizen parents.]
Another one bites the dust… And the fact that Paige proposed much of the Apuzzo failed arguments is particularly sweet.
A Vermont judge has thrown out a lawsuit brought by a former Republican U.S. Senate hopeful who claimed President Barack Obama was improperly elected in 2008 because he is not a “natural born citizen.”
Judge Robert Bent, in a seven-page decision filed Wednesday at Vermont Superior Court in Montpelier, ruled that the case brought by H. Brooke Paige of the town of Washington was improperly filed in state court instead of federal court, but lacked merit anyway.
“Mr. Paige’s lawsuit, interesting as it is for its extensive historical analysis, has no viability because he has no standing and the court has no jurisdiction,” Bent wrote. “It is dismissed in its entirety.”
Source: Burlington Free Press
And Ankeny keeps on giving…
Bent cited a 2009 decision by an Indiana court that addressed a similar claim and concluded the natural-born-citizen challenge to Obama’s claim on the presidency lacked merit.
“The expression ‘natural born citizen’ is not dependent on the nationality of the parents but reflects the status of a person born into citizenship instead of having citizenship subsequently bestowed,” Bent wrote.
Just for completeness
Court record: 61947
Vermont Superior Court Washington Civil Division
| Docket No. 611-8-12 Wncv Paige vs. State of Vermont et al |
Case Type: Last judge: Robert R. Bent
Case Track: Not set Recused: None
Case Status: Disposed
Court/Jury: Court trial