We have not investigated or discussed the question of whether Obama is legally qualified by birth to be president.

What has concerned us, and continues to, is the immense harm he is doing since he was elected.

However, it’s an interesting question as to what would happen if it is found that he does not qualify.

We may soon find out – though we wouldn’t bet on it.

Three judges on the 3rd U.S. Circuit Court of Appeals are beginning to review a case that alleges Barack Obama is not eligible to be president – in fact, he may not even be American.

The federal court case was brought by attorney Mario Apuzzo on behalf of plaintiffs Charles Kerchner and others, and had been dismissed at the district court level.

Arguments earlier had been scheduled for June 29 in the dispute, but a court order recently cancelled the hearing and instead announced the case would be decided based on the merits of the legal briefs submitted by attorneys.

A document from court clerk Marcia Waldron said the case will be decided by Judge Dolores Sloviter, who was appointed by Jimmy Carter; Maryanne Trump Barry, who was appointed by Bill Clinton; and Thomas Hardiman, who was appointed by George W. Bush.

The filings were due on the day the hearing would have been held, but there’s no published timetable for a decision to be released.

Read more about it here.

Obama’s attorney general, Eric Holder, does not apparently approve of the rule of law. In fact, he is actively working against it.

An exaggeration?

J. Christian Adams, who was a voting rights attorney at the  so-called Department of Justice tells a story that bears out the accusation. He has resigned because the DOJ will not prosecute the Black Panther thugs who tried to intimidate voters on election day 2009.

Here’s part of an article he has written about it:

On the day President Obama was elected, armed men wearing the black berets and jackboots of the New Black Panther Party were stationed at the entrance to a polling place in Philadelphia. They brandished a weapon and intimidated voters and poll watchers. After the election, the Justice Department brought a voter-intimidation case against the New Black Panther Party and those armed thugs. I and other Justice attorneys diligently pursued the case and obtained an entry of default after the defendants ignored the charges. Before a final judgment could be entered in May 2009, our superiors ordered us to dismiss the case.

The New Black Panther case was the simplest and most obvious violation of federal law I saw in my Justice Department career. Because of the corrupt nature of the dismissal, statements falsely characterizing the case and, most of all, indefensible orders for the career attorneys not to comply with lawful subpoenas investigating the dismissal, this month I resigned my position as a Department of Justice (DOJ) attorney.

The federal voter-intimidation statutes we used against the New Black Panthers were enacted because America never realized genuine racial equality in elections. Threats of violence characterized elections from the end of the Civil War until the passage of the Voting Rights Act in 1965. Before the Voting Rights Act, blacks seeking the right to vote, and those aiding them, were victims of violence and intimidation. …

Based on my firsthand experiences, I believe the dismissal of the Black Panther case was motivated by a lawless hostility toward equal enforcement of the law. Others still within the department share my assessment. The department abetted wrongdoers and abandoned law-abiding citizens victimized by the New Black Panthers. The dismissal raises serious questions about the department’s enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election.

The U.S. Commission on Civil Rights has opened an investigation into the dismissal and the DOJ’s skewed enforcement priorities. Attorneys who brought the case are under subpoena to testify, but the department ordered us to ignore the subpoena, lawlessly placing us in an unacceptable legal limbo.

The assistant attorney general for civil rights, Tom Perez, has testified repeatedly that the “facts and law” did not support this case. That claim is false. If the actions in Philadelphia do not constitute voter intimidation, it is hard to imagine what would, short of an actual outbreak of violence at the polls. Let’s all hope this administration has not invited that outcome through the corrupt dismissal.

Most corrupt of all, the lawyers who ordered the dismissal – Loretta King, the Obama-appointed acting head of the Civil Rights Division, and Steve Rosenbaum – did not even read the internal Justice Department memorandums supporting the case and investigation. …

Most disturbing, the dismissal is part of a creeping lawlessness infusing our government institutions. Citizens would be shocked to learn about the open and pervasive hostility within the Justice Department to bringing civil rights cases against nonwhite defendants on behalf of white victims. Equal enforcement of justice is not a priority of this administration. Open contempt is voiced for these types of cases.

Some of my co-workers argued that the law should not be used against black wrongdoers because of the long history of slavery and segregation. Less charitable individuals called it “payback time.” Incredibly, after the case was dismissed, instructions were given that no more cases against racial minorities like the Black Panther case would be brought by the Voting Section.

Judge Stephen C. Robinson

The Washington Post explains it. It ‘s all about race.

The court-ordered election that allowed [some] residents of one New York town to flip the lever six times for one candidate – and produced a Hispanic winner – could expand to other towns where minorities complain their voices aren’t being heard. …

The unusual election was imposed on Port Chester after a federal judge determined that Hispanics were being treated unfairly.

The 2010 Census is expected to show large increases in Latino populations and lawsuits alleging discrimination are likely to increase, said Rob Richie, executive director of FairVote, a nonprofit election research and reform group.

“The country’s been changing in a lot of places, with minority growth in exurbs and commuter cities, and there will be a realization that those minorities can’t elect candidates of choice,” Richie said.

That will leave minority groups, federal prosecutors and municipalities looking for ways to keep elections from violating the federal Voting Rights Act, which protects minorities’ constitutional right to equal protection under the law.

In Port Chester, trustees had been elected two at a time every two years, with conventional at-large voting. Most voters were white, and there were always six white trustees even though Hispanics made up half the population and nearly a quarter of the voters. Judge Stephen Robinson concluded the system violated U.S. law by diluting Hispanics’ votes.

The standard remedy was to break a municipality into districts, with one district including many from the minority, thereby increasing the chances for a candidate backed by the minority group. The Justice Department proposed that solution for Port Chester.

But the village of about 30,000 objected to districts. It suggested instead a system called cumulative voting. All six trustees would be elected at once and the voters could apportion their six votes as they wished – all six to one candidate, one each to six candidates or any combination.

The system, which has been used in Alabama, Illinois, South Dakota and Texas, allows a political minority to gain representation if it organizes behind specific candidates. Judge Robinson went for it, and cumulative voting was used for the first time in a New York municipality.

And surely not the last time. Obviously this idea has legs. It could become a peaceful caring way of disenfranchising despised classes and races, such as white males, Jews, Republicans, Tea Partiers, conservatives, individualists, soldiers, libertarians, anti-feminists, capitalists, free-marketeers, patriots, the rich, Iraq war approvers, habitual Rush Limbaugh listeners, global warming skeptics, big business executives, bankers, SUV drivers, fatties, Mormons, smokers, tobacconists, hunters, non-recyclers, furriers, gun-owners …

Note: This post needs correction. Please see comments by Malachi and Jillian Becker.

The Oil Pollution Act 1990 makes the President wholly responsible for cleaning up an oil spill.

Jim Campbell at Canada Free Press tells us more about what the law says:

Amended Section 311 of the federal Clean Water Act. Section 311 now provides in part that:

(A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge.

(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Government–

(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and

(ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.

For a picture of the sheer panic now gripping the White House  –  comic  in contrast to the appallingly serious consequences of the oil spill itself – read this account in the Washington Post. Of course that newspaper doesn’t intend its report to be funny. It intends to show how hard the administration is trying to cope with the crisis, and suggest that it’s really tough on the poor [actually plain incompetent and managerially inexperienced] president. But it’s irresistibly Keystone Kops laughable all the same.

Examples:

The administration is now scrambling to reclaim control, the appearance and the reality of it, over a situation that defies both.

It has been a hasty and somewhat chaotic mobilization of a wide array of disparate government resources — including the Environmental Protection Agency, the Federal Emergency Management Agency, the Food and Drug Administration and the military …

The new normal at the Obama White House has required that a whole new schedule be laid on top of the old one. There is a daily oil-spill conference call for Cabinet officers, one for their deputies, yet another with the governors of affected states, and sometimes as many as three briefings a day that include the president himself. …

Though every day is jammed with interagency conference calls and a river of e-mails in between, some officials complain that at times they still feel like they are talking past each other. …

Signals get crossed. On Wednesday, the Minerals Management Service approved two shallow-water drilling permits, only to reverse both the next day, along with those for three other shallow-water operations. Some officials in the Gulf Coast region have complained that they can’t figure out what the administration’s drilling policy really is these days. …

In his radio address Saturday, Obama enumerated the scope of his endeavor to contain the damage, including 17,500 National Guard troops; 20,000 personnel protecting the waters and coasts; 1,900 vessels; 4.3 million feet of boom.

Obama has also called in some of the many scientists on the federal payroll …

The president has pressured other oil companies to step up… [expecting] the entire petroleum industry to dedicate its engineering talent to fixing the spill and preventing others. …

But Obama and his team are still feeling their way, and it is not at all clear what this vast marshaling of resources will accomplish. …

Attorney General Eric H. Holder Jr. has launched criminal and civil investigations …

The administration is sending as its emissaries officials who have ties to the region ..

White House officials complain, with some justification, that they are caught between contradictory narratives about their handling of the crisis: that the president is not engaged enough in the details of the response, or that he is getting bogged down in them; that he should spend more time in the gulf making common cause with its residents, or that his repeated trips down there are merely publicity stunts.

And there remains the question of whether, for all its efforts, the administration can really gain control, or even the illusion of it. …

What is the point of government statistics if they’re not reflecting the truth?

It seems that various ruses are being practiced to make unemployment figures look less bad.

Why? Does the floundering Obama administration really imagine it can deceive the nation about unemployment?

It can only make a difference to the shortage of jobs by changing its disastrous economic policies, not with monkey business like these pathetic little tricks described by John Crudele and taken from his report in the New York Post:

Each month Census gives Labor a figure on the number of workers it has hired. That figure goes into the closely followed monthly employment report Labor provides. For the past two months the hiring by Census has made up a good portion of the new jobs.

Labor doesn’t check the Census hiring figure or whether the jobs are actually new or recycled. It considers a new job to have been created if someone is hired to work at least one hour a month.

One hour! A month! So, if a worker is terminated after only one hour and another is hired in her place, then a second new job can apparently be reported to Labor. …

Here’s a note from a Census worker … :

“John: I am [was] on my fourth rehire with the 2010 Census.

“I have been hired, trained for a week, given a few hours of work, then laid off. So my unemployed self now counts for four new jobs.

“I have been paid more to train all four times than I have been paid to actually produce results. These are my tax dollars and your tax dollars at work.

“A few months ago I was trained for three days and offered five hours of work counting the homeless. Now, I am knocking (on) doors trying to find the people that have not returned their Census forms. …”

And here’s another:

“John: I worked for (Census) and I was paid $18.75 (an hour) …

“I worked for about six weeks or so and I picked the hours I wanted to work. I was checking the work of others. While I was classifying addresses, another junior supervisor was checking my work.

“In short, we had a ‘checkers checking checkers’ quality control. I was eventually let go and was told all the work was finished when, in fact, other people were being trained for the same assignment(s).

“I was re-hired about eight months later and was informed that I would have to go through one week of additional training.

“On the third day of training, I got sick and visited my doctor. I called my supervisor and asked how I can make up the class. She informed me that I was ‘terminated.’ She elaborated that she had to terminate three other people for being five minutes late to class.

“I did get two days’ pay and I am sure the ‘late people’ got paid also. I think you would concur that this is an expensive way to attempt to control sickness plus lateness. …

I have found it interesting that if someone works one hour, they are included in the labor statistics as a new job being full. …”

There’s more – read it all.

Here’s a snippet of news carrying the whiff and flavor of American bureaucracy in the Age of Obama.

An official whose business it is to enforce the law says he will not “necessarily” enforce it.

The Chicago Tribune reports:

John Morton, who heads U.S. Immigration and Customs Enforcement, said… the agency intends to increase scrutiny of employers who knowingly hire illegal immigrants.

“If we’re going to bring about meaningful changes in behavior, you have to do that by focusing on the employer,” he said during a meeting with the Tribune editorial board. …

Echoing comments by President Barack Obama and others in the administration, Morton said that Arizona’s new law targeting illegal immigration is not “good government.” The law makes it a crime to be in the state illegally …

Morton said his agency will not necessarily process illegal immigrants referred to them by Arizona officials.

What part of “illegal” does this law enforcement officer not understand?

The British Home Office  has decided to recognize the “equal rights” of Pagan policemen. We’d be surprised if more policemen don’t now convert to the religion of the Vikings. As the London Times describes it, it sounds great fun. Certainly a lot more so than Christianity, Judaism, Islam, Hinduism, or Buddhism, even if just as irrational.

From the TimesOnline:

“As of May 2010 the Police Pagan Association officially received the support and endorsement of the Home Office and the National Policing Improvement Agency and is now a recognised Diversity Staff Support Association for serving and retired pagan police officers and staff in the United Kingdom,” said PC Pardy, who despite his interest in hammer-wielding Norse gods still speaks like a police officer giving evidence at a magistrate’s court. …

The eight main festivals [are]:

• Samhain — On Hallow’een (October 31), pagans celebrate the dark winter half of the year by leaving food outside for the wandering dead, dressing up as ghosts and casting spells

• Imbolc — the festival of the lactating sheep held on February 2. Pagans pile stones on top of each other and make “priapic wands” to celebrate fertility

• Beltane — on April 30/May 1, pagan and Wicca worshippers celebrate the Sun god. In Celtic times it was an opportunity for unabashed sexuality and promiscuity

• Lammas — On July 31, pagans celebrate harvest time and go on country walks

• Yule — On December 21 pagans go door-to-door singing and burn a yule log to honour Kriss Kringle, the Germanic god of yule.

• Ostra — On March 21 pagans celebrate spring and heap praise on the Sun god

• Litha — or summer solstice. Members drink mead and dance naked to celebrate the harvest

• Mabon — pagans celebrate the autumn equinox with an outdoor feast

Pagans, including druids, witches and shamans, will have to take their official religious festivals as holiday days, but each day is given the same respect as Christmas for Christians, Ramadan for Muslims and Passover for Jews.

Pagan officers will also be allowed to swear upon their own religion in court now, pledging to tell the truth not before God but by what “they hold sacred”. [Roman men clutched their testicles when swearing an oath, those being what they quite sensibly held most sacred as the fons et origo of human life – JB]

One unscientific estimate suggests that there could be as many as 500 pagan officers in the country. In 2001 there were 31,000 pagans in the UK, according to the Office for National Statistics. …

One officer, who did not wish to be named, said: “When they talk about political correctness gone mad, this is exactly what they are talking about. I mean, what has it come to when a cop gets time off so he can sit about making spells or dance around the place drinking honey beer with a wand in his hand?”

A Home Office spokesman said: “The Government wants a police service that reflects the diverse communities it serves.”

The Home Office has long been fatuous, but sometimes it accidentally hits the the right comedy button.

We have poached this letter from Mark Steyn’s website. It was sent to him by Linda Denno, of Sierra Vista, Arizona. We think it raises points that should be taken into account in the arguments raging over illegal immigration, and over the controversial measures Arizona is taking to deal with it.

I live within fifteen miles of the Mexican border, and my back fence runs along a major corridor for illegal immigrants traveling through the desert. We are accustomed to helicopters circling overhead and Border Patrol vehicles constantly patrolling the dirt road behind our house. Our beloved German Shepherd has been poisoned and our property vandalized, although I would not say that we live in fear because we are well armed and take necessary precautions.

But what I really want to mention to you is something I really have not heard in the debate over the consequences of illegal immigration. I believe that any and all measures that truly discourage immigrants from entering this country illegally — as the new Arizona law is supposedly already doing — are salutary because discouraging illegal immigration is the genuinely compassionate approach.

A couple of anecdotes: Last week, Border Patrol agents discovered a large moving truck abandoned in the desert near Douglas, Arizona (the site of the recent rancher’s murder). The truck was padlocked from the outside. When the agents cut off the lock and opened the trailer, they discovered dozens of illegal immigrants inside, abandoned by the coyotes who had obviously been “spooked” and left the people in the back of the truck to whatever fate befell them. It was a warm but not a hot day in the desert, so the illegal immigrants were still alive and in relatively good condition. The situation could have ended very differently, not to say tragically.

Secondly, my family and I were enjoying our breakfast al fresco one morning when two women came to our back fence asking for “agua.” A Border Patrol raid the night before behind our house had picked up 70 or so illegal immigrants. These two young ladies had been abandoned by the coyotes during the raid and had been wandering in the hot desert (wearing all black) for hours. My teenage daughter speaks Spanish and was able to discover that both were from El Salvador, both were the mothers of several young children, and both believed they were almost to Los Angeles (550 miles away). We brought them into our garage, gave them water and food, and called the Border Patrol. My daughter was upset about their situation, and understandably so: They were only a few years older than she was. I explained to her that as long as our government refused to enforce laws against illegal immigration, desperate people from other countries would continue to take great risks for the opportunity to live the American dream. Those people would face incredible dangers, be vulnerable to the worst kinds of thugs, and endure unspeakable hardships —  as long as the United States refused to make illegal immigration a crime for which all involved would be swiftly and severely punished. …

I just would like to add a perspective that should be thrown back in the face of the hypocrites who call us racist and mean-spirited. The anecdotes above are representative of incidents that happen in the Arizona desert constantly …

The answer is not to set up “water stations” to prevent illegals from dying in the desert. The answer is to discourage them from entering illegally in the first place. That is the only truly humanitarian, compassionate approach to the plight of illegal aliens.

We heartily agree.

Hugh Hewitt and Mark Steyn survey an eventful day – yesterday, May 6, 2010 – and cover a lot of ground in their discussion of it. Here’s an extract, ending on a hopeful note as they look forward to the November elections:

HH: What a day, Mark Steyn. The markets went crazy. The Dow dropped at one point a thousand points. It finished off, you know, it was a bad day, but it wasn’t a horrific day. In reaction to what I think is a glimpse of our future, I think that the Greek debacle is simply, you know, the Christmas Future, showing … what’s going to happen to this country if we do not change. Your thoughts?

MS: Yes, I think what it illustrates, as I understand it, it might just have been as simple as one trader typing a B instead of an M for million, typing a B for billion, and it wipes off a thousand points off the stock market, as opposed to being a reaction to what’s happening in Greece, where real people are being killed in what are essentially riots over keeping unsustainable, featherbedded, government jobs. And in a way, what happened in Greece and what happened in New York, I think, both illustrate the kind of fragility of the global economy, and in a broader sense, of civilization …

HH: I think there will be defaults, a rolling series of defaults, … and that people had better look at Greece right now to see what’s coming. But Mark Steyn, that may not be the most important act of violence by a long shot. We had another successful terrorist penetration in the United States. But for their incompetence, a second massacre within four months of Detroit, the fourth under President Obama, counting the Arkansas and Fort Hood terrorist attacks, and still, it does not seem that they can get past the idea of when do we give them their Miranda rights.

MS: Yes, and this idea that it’s a criminal matter involving a few isolated extremists, or whatever the president said in reaction to the panty bomber at Christmas time. The most absurd commentary, I thought, was from the Washington Post, which speculated it was because the guy hadn’t been able to keep up payments on his home in Connecticut, so that this was in fact something to do with actually the Greek story, it’s to do with the global economy, it’s to do with subprime mortgages, that this is somehow an act of subprime terrorism and not Islamic terrorism. This is ridiculous. The guy spent five months in Pakistan, so clearly when a guy is spending five months in Pakistan, we don’t know what he was doing there, that’s the pretty obvious reason for why he isn’t able to keep up payments on his home in Connecticut. It’s because his job in Connecticut, and his house in Connecticut, are not what’s important to him, and are not what he sees as his primary identity. And the stupidity, the persistent stupidity in trying to look for anything other than what is really driving this activity is becoming beyond parody now.

HH: Mark Steyn, today’s profile of him in the New York Times, I don’t know if you had a chance to read it yet, but it’s very much the same. It’s the lonely, Mr. Lonely Hearts. He’s sitting on couches not drinking…and it makes it sounds like he’s depressed, so he became a jihadist.

MS: Yes, and that was the same thing that was said about the panty bomber just before Christmas time. In fact, they’re very similar, they’ve very similar types in a way. They’re not poor people. This idea that we heard after September 11th, poverty breeds terrorism, these are middle class people leading middle class lives. This guy had an MBA and some other super duper degree. He could be holding down a big time six figure salary anywhere on the planet. And instead, he decides that’s not what he wants to do, and instead he wants to blow up Times Square. And at some point, we have to confront the reality of that. And our unwillingness to, you know, when the enemy, which is what they are, by the way, when the enemy read the New York Times and the Washington Post, they draw their conclusions from that kind of coverage.

HH: Mark Steyn, the incompetence displayed in the Gulf after the explosion, and now the gaps in our security system, add the hat trick for the president. We’ve got ideological extremism, plus a hyper-partisan approach to politics, and now incompetence thrown in. That’s a heavy burden for Democrats. I think it’s why David Obey quit yesterday. Do you think the president can escape this, and his party can escape this by November?

MS: No, I think in a way, he’s lucky, he’s as lucky as he’s going to be, because if this had been a Republican in the White House, we would be getting the full Katrina on what’s going on in the Gulf. Instead, he’s got friends at these dying publications like Newsweek that are willing to protect him almost to absurd degrees. But the hyper-partisanship, with the perceived softness on national security, and the willingness to abase himself before thugs and dictators, plus, plus the incompetence issue in the Gulf, I think is just a lethal combination for Democrats this November.

We hope he’s right about November. They say “a week is a long time in politics”, so six months is an age. A lot more harm can be done to civilization by the Democrats in that stretch of time. And if the Republicans return to power in Congress in November, will they, can they, save civilization?

Judith Miller asks ten pertinent questions about the Times Square act of terrorism.

Read them all here.

We are most interested in the answers to these, the last five, though we don’t expect to get them:

• On Sunday just after the failed Times Square attack, why did DHS Secretary Janet Napolitano describe the failed terrorist attack as a “one-off”? And what on earth did she mean by that? [Actually, we know what she meant: “don’t even suggest that this attack is part of the jihad” – JB.]
• Why did members of President Obama’s national security team – Napolitano, Holder, and Robert Gibbs (who as press secretary seems to be an insider even on national security issues and operating way beyond his pay grade) go out of their way to avoid using the term “terrorism” to describe the failed attack until the obvious could no longer be denied? And why, to this day, has the term “Islamic” never been linked with Shahzad or his plot?
• If Shahzad really got some terrorist training up in Waziristan, what on earth did they teach him? How to pick a fertilizer for a bomb that could not explode? How to leave your own car and house keys in the ignition of the vehicle you intend to blow up in Times Square? And how can Washington ensure that all aspiring terrorists enroll in such classes?
• But seriously and most important – when, where, why, and how was Faisal Shahzad radicalized? How did a happy-go-lucky Facebook guy, married with two kids and apparently doing OK in America, go from watching “Everyone Loves Raymond” – listed as one of his favorite TV shows – to Peshawar for terrorist training and back to Times Square to kill his fellow Americans? Was he radicalized during his stay in Pakistan by the steady stream of deadly American drone attacks on Muslim extremists as some newspapers are now suggesting? Or, more likely and as some of his neighbors have alleged, was he already withdrawing from society and being radicalized in Shelton, or Bridgeport, Connecticut?
• Finally, as former deputy police commissioner Michael Sheehan has asked, if “home-grown” radicalization is the challenge we believe it to be, why have local police forces in areas with large clusters of young Muslim residents – yes, in Connecticut and New Jersey and Rhode Island — not mimicked the NYPD by investing at least SOME resources in trying to spot radicalized, potentially dangerous people and prevent terrorist organizations from establishing a presence in their communities? This is not rocket science. As Sheehan argues, we know how to do this.

Until we know the answers to these and other vexing questions surrounding our latest terrorist near-miss, self-congratulation is, to say the least, premature. Let’s remember that [the] Faisal Shahzad alleged deadly plot failed not because America’s law enforcement and homeland defense systems are effective, but because he was incompetent.