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Court dismisses Alan Keyes’ ‘birther’ lawsuit

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A lawsuit claiming President Barack Obama is not eligible to occupy the White House because he is not a natural born citizen was thrown out by a state appellate court on Monday.

The leading plaintiff of the lawsuit, which was filed shortly after the 2008 election, was Alan Keyes.

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Keyes, who lost to Obama in the 2004 Senate race in Illinois and was the American Independent Party candidate for president in 2008, claims there is “persuasive evidence” that Obama was born in Kenya in 1961. At the time, Kenya was a British protectorate, making Obama a British citizen automatically, based on his father’s citizenship.

The other plaintiffs in the case were Wiley S. Drake Sr., a Southern Baptist minister, and Markham Robinson, a software firm owner.

The plaintiffs claimed that the government of California “has the duty to ensure that all candidates on a California ballot meet the eligibility requirements to hold office.”

The Third District Court of Appeal ruled that the California secretary of state, who oversees elections, and the state’s Electoral College members are not legally responsible for certifying that candidates meet constitutional qualifications to hold office.

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That responsibility rests with Congress, according to the 12th Amendment, which provides the procedure by which the President and Vice President are elected.

“Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee’s election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes,” Presiding Justice Arthur G. Scotland wrote in his decision.

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“[T]he presidential nominating process is not subject to each of the 50 states’ election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results,” Scotland continues. “Were the courts of 50 states at liberty to issue injunctions restricting certification of duly-elected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines.”

The court ordered the plaintiffs to pay all court fees of the defendants.

Last year, a district court judge dismissed a similar lawsuit filed by Orly Taitz.

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“Even should the Court permit the issuance of a letter rogatory to Kenya, the Court would still engage in a comparative exercise in which the records of America, which has historically maintained some of the most credible recordkeeping practices in the world, would be contrasted with the credibility of the records obtained from Kenya,” wrote the judge in his decision.

Taitz was fined $20,000 for “wasting judicial resources” with her “frivolous” lawsuits.

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Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news outlets, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



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Suspect behind NYC subway bomb scare arrested after being found unconscious in the Bronx: report

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On Saturday, CNN's New York correspondent Polo Sandoval reported that a suspect wanted for placing suspicious rice cookers in New York City subway stations has been arrested after being found unconscious at an address in the Bronx.

"Less than 24 hours it took the NYPD to track down this man in relation to the scare that took place here in New York City," said Sandoval. "A source close to the investigation saying that the individual that they were trying to track down to speak to was apparently placed into custody at about 2AM This morning. He was found unconscious in the Bronx here in New York. He is currently hospitalized."

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It’s not Democrats who are making guns a political issue: It’s all the dead bodies

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We can’t keep up. We can’t keep up with the lies, we can’t keep up with the racism, we can’t keep up with the anti-immigrant hysteria, we can’t keep up with the firings and resignations, we can’t keep up with the flat-out lunacy, but most of all, we can’t keep up with the dead bodies.

In a single week, between Sunday, July 28, and Saturday, Aug. 3, there were three separate mass shootings in this country. In Gilroy, California, at a popular garlic festival, a man wearing a bulletproof vest and carrying an AK-47 style assault rifle, killed three people and wounded 13. Two of the dead and several of the wounded were children. The shooter had six high-capacity magazines in his possession: one was a drum magazine holding 75 rounds of 7.62 mm ammunition, and the other five held 40 rounds. He had bought the AK-47 and ammunition just three weeks before he opened fire on the festival goers.

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Trump is terrified a recession is coming — and he has no plan if it does: report

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Economists and analysts overwhelmingly agreed this week that a recession is, if not looming, appearing to be much more likely in the near future than it was before.

But in President Donald Trump's White House, such pessimism is verboten. According to multiple reports, Trump's team has been emphasizing rosier economic numbers and brushing off signs of a coming downturn. Trump even suggested that he "suspects many economists and other forecasters are presenting biased data to thwart his reelection," according to the Washington Post. (Trump previously complained that positive economic reports under President Barack Obama were fake.)

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