The return of the McInnish

Hugh McInnish of Alabama is joined by Keith Goode in a lawsuit against Secretary of State Beth Chapman filed October 11. The suit in the form of a petition for writ of mandamus seeks to compel Chapman to verify the eligibility of all the candidates running for President in Alabama. What makes this case notable is that plaintiffs are represented by attorney Larry Klayman along with local counsel L. Dean Johnson. Klayman comes off a string of defeats in birther cases.

McInnish had sued Chapman previously in the Alabama Supreme Court. This is the case with the infamous birther-friendly concurring opinion by Alabama Supreme Court Justice Parker. Parker wrote:

McInnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the “short form” and the “long form” birth certificates of President Barack Hussein Obama that have been made public.

The previous case was dismissed because the Court said that there is no original jurisdiction to hear a Writ of Mandamus petition at the Alabama Supreme Court. That mistake is avoided this time by filing the petition in the Montgomery Circuit Court. McInnish claims:

• Obama’s long form birth certificate is a forgery
• Obama is ineligible because his father was not a US Citizen

and attaches exhibits (fewer than the previous case):

• Affidavit of Sheriff Joe Arpaio
• Affidavit of Jerome Corsi
• Article on George Washington’s overdue library book (Vattel’s Law of Nations)
• Article: Book Selections of the Founding Fathers

Klayman moved for summary judgment (apparently too soon).  The Alabama Democratic Party petitioned for leave to intervene, including in their filing the order from Florida dismissing the similar Voeltz case (also prosecuted by Klayman). The motion for summary judgment was opposed by the Alabama Secretary of State through her counsel James W. Davis of the Attorney General’s office, assisted by Margaret L. Fleming. Defendants objections may be briefly stated:

• The motion for summary judgment was filed too soon
• There is no statutory requirement for the Alabama Secretary of State to verify eligibility of candidates
• Only Congress may determine a President’s qualifications (citing Robinson v. Bowen)
• Plaintiffs failed to join necessary parties (i.e. Barack Obama)
• The claim was filed too late (voting has already begun).

Given the late date, I would assume that this case was filed solely for publicity value right before the election. However, birther cases are no longer news.

This lawsuit is: