‘INTELLECTUALLY DISHONEST ’ RULING on ELIGIBILITY .. Attorney: BALLOT - CHALLENGE DECISION ' FLIES in the FACE of FLORIDA STATUTE '

“The respective major political parties determine their nominee at a national convention [that hasn't occurred yet],” Lewis writes. “Thus, under Florida law, Mr. Obama is not presently the nominee of the Democratic Party for the office.”

Klayman also bristled at the judge’s claim that the “burden of proof” fell upon Voeltz to demonstrate Obama’s ineligibility, despite denying Klayman’s team “discovery,” a process that may have allowed subpoena power of Obama’s identifying documents.

“How can you say we have the burden of proof, then not allow discovery?” Klayman asked. “He says we have burden, but doesn’t allow us to meet it. We’re entitled to discovery. That’s a very vulnerable part of this case going forward.”

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