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Judge to Birthers: Obama Can Run for President

An effort to have President Barack Obama's name removed from New Jersey's primary ballot was dealt a setback following an administrative judge's recent ruling.

Author and — but a judge said that week the president can still be a presidential candidate.

In what attorney Mario Apuzzo is calling a "sham of justice," a state judge has ruled against objectors seeking to remove Obama's name from New Jersey's upcoming primary ballot.

According to Apuzzo, the attorney representing , Deputy Director and Administrative Law Judge Jeff Masin ruled against the ballot challenge following a more than three-hour hearing earlier this week. His decision, delivered to Apuzzo via email, was not based on the issues presented in the challenge—namely the suggestion that Obama is not a natural born citizen of the United States and that a birth certificate released by the White House last April is fraudulent—but rather on a technicality, Apuzzo said.

The judge ruled that Obama's place on the ballot could not be removed by challenge because Obama, as president, automatically appears on the ballot and without his consent.

Thus, Obama cannot be held immediately responsible for proving his eligibility. Apuzzo filed an exception and the matter was passed along to New Jersey Secretary of State Kim Guadagno who will have to make the final determination at this stage.

Should Guadagno uphold the court's decision, Apuzzo said he would file an appeal.

"The sham continues. In one way or another it's a sham of justice. Our judiciary is really taking us for a ride," Apuzzo said during a telephone interview Thursday. "How can they expect us to do something that the law doesn't allow for (challenging Obama's place on the ballot)? The logic is unbelievable."

Purpura, of Wall Township, and Moran, a Toms River resident, filed a challenge alleging that Obama has both failed to show proof that he was born in the U.S. and is not a natural born citizen because both of his parents are not U.S. citizens. According to the Constitution, Apuzzo charges, Obama is ineligible to serve as the country's president and should not appear on the state's June 5 primary ballot.

Obama was represented by Alexandra Hill of the Newark-based law firm Genova, Burn and Giantomasi.

What struck Apuzzo, he said, was not just the judge's decision, but a concession made by Hill that the court has no documented evidence of Obama's birth. Armed with a number of witnesses, including an expert who was willing to testify that Obama's birth certificate, posted online in April 2011 by the White House, was fraudulent, Apuzzo was instead told to holster his guns.

"We were willing to present that what's online has been manipulated by computer, human, or both and that it's not reliable. I told them I was ready to prove that and if they didn't want this witness to testify then concede that," he said. "I got Obama (Obama's attorney Hill) to concede that there is no evidence before the court as to his place of birth, which includes what's on the internet."

Though the judge ruled the Obama isn't required to prove his ballot eligibility, Apuzzo considers the concession a win of sorts, one he hopes will help his case gain traction should it appear before an appellate court. He stressed that he's willing to go as far as he can to prove that Obama does not belong on the state's ballot.

Should that mean taking the case to the State Supreme Court or the U.S. Supreme Court, Apuzzo said he's ready.

This post is shared among several sites serving communities in Morris and Sussex counties. Comments below may be by readers of any of those sites.

Maxim Sapozhnikov April 18, 2012 at 12:53 PM
If the judge said so he is either lying or, much more likely, mistaken. Obama's team has never presented an affirmative defense to any eligibility challenge I know of, and it is unlikely they ever will. I wonder if you have actually seen the PDF file yourself. I'm a certified computer pro, and I didn't need HuffPo's spinmeisters or Arpaio's "investigation team" to make my own conclusions. The file is so fake it's not even a forgery; it looks more like someone's April Fool's Day joke.
Chuck Ruff April 18, 2012 at 01:40 PM
Uh huh.... back to square one now, forged documents and crooked judges. Enough of this one!
Maxim Sapozhnikov April 18, 2012 at 01:45 PM
I did not say the judge is crooked, just mistaken. You also conveniently skipped my question: did you, or did you not, check the PDF with your own eyes?
Hank Heller April 18, 2012 at 09:47 PM
Mr. Hochman, We don't have to agree on everything, or even anything. Since the job and responsibility is yours, not mine, I'll move on to a new topic. I understand the "game" of blogging, but if you wanted to really cause serious and studious discourse here on PATCH, I implore you to only allow participation by bloggers who have the courage to sign a real name, not some silly (and often cowardly, "nom de guerre"). Most of the time, folks who have not had the courage to sign their real names do not have anything of value to add to a civil discussion. I don't know if Patch can be such a mechanism toward integrity, but it is something I would truly welcome. I think it would cull out much of the poison that is spewed in these lines if people felt the responsibility of only writing what they can be held accountable for. It would certainly help my reading enjoyment of Patch. Sincerely, Hank Heller
alaphiah April 20, 2012 at 04:43 AM
“I’m no birther, don’t get me wrong,” Monckton said. “I haven’t a clue where Obama was born and I wouldn’t want to entreat into the private grief behind investigating. But the point is, is what he has done on the White House website is he has put up a document which he is plainly a forgery and I would regard that as a very serious matter.” http://dailycaller.com/2012/03/22/lord-monckton-im-no-birther-but-obama-birth-certificate-plainly-a-forgery/

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