Brooklyn judge calls birther lawsuit ‘delusional’

Credit: Getty Images
Credit: Getty Images

Brooklyn Judge Arthur Schack has heaped fees and fines on Christopher Earl Strunk for a lawsuit seeking to prove President Barack Obama ineligible as a candidate based on allegations that he was not born in the United States.

Schack called the 2011 lawsuit “fanciful, delusional, and irrational.”

According to the NY Daily News, Strunk is a “prominent birther,” and believes that Obama’s presidency is the result of a conspiracy hiding his true birthplace.

The judge blasted Strunk’s allegation of a ”massive conspiracy to defraud American voters [that] was perpetrated by hundreds of individuals, at the behest of the Roman Catholic Church and especially the Jesuits.”

Strunk has filed over 20 lawsuits and appeals in state and federal court, often, as in this case, naming Obama himself as a defendant.  New York’s Board of Elections is among a host of other defendants.

“If the complaint in this action was a movie script, it would be entitled ‘The Manchurian Candidate Meets the Da Vinci Code,’” wrote Schack.

Schack said the $167,707 in attorney fees, plus a $10,000 sanction, were for bringing a ’frivolous suit’ and wasting the court’s time, the Daily News reported.

The fees will go to the three law firms that opposed Strunk in the suit.

“I’m going to have this thing overturned and I’m not going to pay a dime,” Strunk insisted.

 

Follow Danielle Tcholakian on Twitter @danielleiat

 



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Comments

2

  1. ALL my comments on the Daily news article have been removed. Especially the one pointing out to the readers that of the nine law firms representing the defendants ONLY three (3) billed their costs.

    Of note – Based upon the cost of say $300 per hour as opposed to the Brzezinski attorney hourly rate of $900 per hour the actual total costs if all nine had billed for the Judgment would be say $500k not the $167k submitted by McCain Brzezinski and the State.

    That fact speaks volumes that 2/3 of the attorneys did not want to participate in the Star Chamber Court that Schack ran because it would look bad for them.

  2. The purpose of the 1776 Declaration of Independence was to eliminate the British Common Law doctrine of “Perpetual Allegiance” and replace it with the American Common Law definition of citizen rather than subject that must not be conflated. The Rome and Greek definitions were used as follows:

    Aristotle also gave us a definition of a “natural born Citizen.” In “Politics, Book Three, Part II, Aristotle, writing in 350 B.C.E., as translated by Benjamin Jowett, gave us his definition of citizenship:
    “Part II
    But in practice a citizen is defined to be one of whom both the parents are citizens; others insist on going further back; say to two or three or more ancestors. This is a short and practical definition but there are some who raise the further question: How this third or fourth ancestor came to be a citizen? Gorgias of Leontini, partly because he was in a difficulty, partly in irony, said- ‘Mortars are what is made by the mortar-makers, and the citizens of Larissa are those who are made by the magistrates; for it is their trade to make Larissaeans.’ Yet the question is really simple, for, if according to the definition just given they shared in the government, they were citizens. This is a better definition than the other. For the words, ‘born of a father or mother who is a citizen,’ cannot possibly apply to the first inhabitants or founders of a state.

    There is a greater difficulty in the case of those who have been made citizens after a revolution, as by Cleisthenes at Athens after the expulsion of the tyrants, for he enrolled in tribes many metics, both strangers and slaves. The doubt in these cases is, not who is, but whether he who is ought to be a citizen; and there will still be a furthering the state, whether a certain act is or is not an act of the state; for what ought not to be is what is false. Now, there are some who hold office, and yet ought not to hold office, whom we describe as ruling, but ruling unjustly. And the citizen was defined by the fact of his holding some kind of rule or office- he who holds a judicial or legislative office fulfills our definition of a citizen. It is evident, therefore, that the citizens about whom the doubt has arisen must be called citizens.” …http://classics.mit.edu/Aristotle/politics.html .
    Roman law provided: “Lex MENSIA, That a child should be held as a foreigner, if either of the parents was so. But if both parents were Romans and married, children always obtained the rank of the father, (patrem sequuntur liberi, Liv. iv. 4.) and if unmarried, of the mother, Uipian.” Alexander Adam, Roman antiquities: or, An account of the manners and customs of the Romans 210 (6th ed. corrected 1807). Cicero wrote in A Proposal:

    “The Colophonians claim Homer as their own free Denizen, the Chians challenge him as theirs, the Salaminians demand him again for their own, but the Smyrneans assert him to be their natural born Citizen; and therefore have also dedicated a Temple to him in their Town of Smyrna. There are a great many besides at Daggers-drawing among themselves, and contend for him.”

    A Proposal For Printing in English, The Select Orations of Marcus Tullius Cicero, According to the last Oxford Edition 17 (Henry Eelbeck trans. London 1720).