Stun gun used on woman who blocked NC drive-thru
HOPE MILLS, N.C. (AP) — North Carolina deputies say they used a stun gun on a woman who blocked a McDonalds drive-thru for 20 minutes after employees refused to serve her because she broke in line.
Authorities say 37-year-old Evangeline Lucca bypassed the order screen and the line at the restaurant in Hope Mills, about 60 miles south of Raleigh, and pulled directly up to the pick-up window Friday afternoon.
Cumberland County deputies say employees refused to take her order and told her to go to the back of the line. She refused to move, and police were called.
Authorities say Lucca was shocked after she blocked the line for 20 minutes. Her 3-year-old daughter was taken into protective custody.
Lucca was charged with second-degree trespass. A phone listing for her couldn't be found.
Authorities say 37-year-old Evangeline Lucca bypassed the order screen and the line at the restaurant in Hope Mills, about 60 miles south of Raleigh, and pulled directly up to the pick-up window Friday afternoon.
Cumberland County deputies say employees refused to take her order and told her to go to the back of the line. She refused to move, and police were called.
Authorities say Lucca was shocked after she blocked the line for 20 minutes. Her 3-year-old daughter was taken into protective custody.
Lucca was charged with second-degree trespass. A phone listing for her couldn't be found.
Military Now Telling Catholic Chaplains What They Can And Can't Say About The Obama Administration
The emerging conflict between the Catholic Church and the Obama administration may have a new front: in the U.S. military itself.
The Catholic Church is fighting mad about an HHS ruling that would have them buy insurance for things they consider sinful–contraception, sterilization and abortion.
All the bishops in the country sent out a letter to be read in their parishes promising that the Church "cannot-and will not-comply with this unjust law."
Even Archbishop Timothy Broglio, who is in charge of Catholic military chaplains sent out the same letter.
But after he did, the Army's Office of the Chief of Chaplains sent out another communication forbidding Catholic priests to read the letter, in part because it seemed to encourage civil disobedience, and could be read as seditious against the Commander-in-Chief.
More than one Catholic chaplain who spoke to us off the record confirmed that many chaplains disobeyed this instruction and read the letter anyway. Others sought further instructions from their Archbishop.
Now after much behind-the-scenes bureaucratic wrangling, a new version of the letter will be read, one that was edited of the language about "unjust laws."
Read more: http://www.businessinsider.com/the-military-is-now-telling-catholic-chaplains-can-and-cant-say-about-obama-administration-2012-2#ixzz1lVxl0TMf
The Catholic Church is fighting mad about an HHS ruling that would have them buy insurance for things they consider sinful–contraception, sterilization and abortion.
All the bishops in the country sent out a letter to be read in their parishes promising that the Church "cannot-and will not-comply with this unjust law."
Even Archbishop Timothy Broglio, who is in charge of Catholic military chaplains sent out the same letter.
But after he did, the Army's Office of the Chief of Chaplains sent out another communication forbidding Catholic priests to read the letter, in part because it seemed to encourage civil disobedience, and could be read as seditious against the Commander-in-Chief.
More than one Catholic chaplain who spoke to us off the record confirmed that many chaplains disobeyed this instruction and read the letter anyway. Others sought further instructions from their Archbishop.
Now after much behind-the-scenes bureaucratic wrangling, a new version of the letter will be read, one that was edited of the language about "unjust laws."
Read more: http://www.businessinsider.com/the-military-is-now-telling-catholic-chaplains-can-and-cant-say-about-obama-administration-2012-2#ixzz1lVxl0TMf
All That Is Wrong with GA Judge’s Decision that Obama Is a “Natural Born Citizen"
Georgia State Administrative Law Judge, Michael M. Malihi, issued his decision on Friday, February 3, 2012, finding that putative President, Barack Obama, is eligible as a candidate for the presidential primary election under O.C.G.A. Sec. 21-2-5(b). The decision can be read here,http://obamareleaseyourrecords.blogspot.com/2012/02/judge-malihi-rules-against-plaintiffs.html . I must enter my objection to this decision which is not supported by either fact or law.
The Court held: “For purposes of this analysis, this Court considered that [Alleged] President Barack Obama was born in the United States. Therefore, as discussed in Arkeny [sic meant Ankeny], he became a citizen at birth and is a natural born citizen.”
But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs’ claims. But he does not tell us in his decision what evidence he relied upon to “consider[]” that Obama was born in the United States. The judge “considered” that Obama was born in the United States. What does “considered” mean? Clearly, it is not enough for a court to consider evidence or law. It must make a finding after having considered facts and law. The judge simply does not commit to any finding as to where Obama was born. Using the word “considered” is a cop out from actually addressing the issue. Additionally, we know from his decision that neither Obama nor his attorney appeared at the hearing let alone introduced any evidence of Obama’s place of birth. We also know from the decision that the judge ruled that plaintiffs’ documents introduced into evidence were “of little, if any, probative value, and thus wholly insufficient to support Plaintiff’s allegations.” Surely, the court did not use those “insufficient” documents as evidence of Obama’s place of birth. Nor does the judge tell us that he used those documents for any such purpose. The judge also does not tell us that the court took any judicial notice of any evidence (not to imply that it could). The judge did find that Obama has been certified by the state executive committee of a political party. But with the rules of evidence of superior court applying, this finding does not establish anyone’s place of birth. Hence, what evidence did the judge have to rule that Obama is born in the United States? The answer is none.
The court did not engage in its own thoughtful and reasoned analysis of the meaning of an Article II “natural born Citizen,” but rather relied only upon Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678 (Ind. Ct.App. 2009), transfer denied, 929 N.E.2d 789 (2010), a state-court decision which erred in how it defined a “natural born Citizen.”
The court says that Ankeny is persuasive. The court does not show us why Ankeny is persuasive other than to just provide some quotations from the decision. On the contrary, upon close analysis, we can see that Ankeny is far from persuasive on the definition of a “natural born Citizen.” The court’s decision can only be as sound as the Ankeny decision may be. But an analysis of that decision shows that it was incorrectly decided as to its definition of an Article II “natural born Citizen.”
Presidential eligibility is a national issue. Under our Constitution, like the States do not have power to naturalize citizens, they also do not have power to change, add, or diminish the meaning of an Article II “natural born Citizen.” See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) (states have no authority to change, add, or diminish the eligibility requirements for members of Congress). Moreover, as naturalization needs uniformity, so does the citizenship standard needed to be met by those wishing to be eligible to be President. Hence, any state court decision on the meaning of a “natural born Citizen” is not binding on the nation in determining who is eligible to be President. Such a decision can only be ultimately made by the U.S. Supreme Court which would make its decision the law of the entire nation. The Ankeny case is a decision of the Indiana state court and not by the U.S. Supreme Court. For this reason, the Ankeny decision is not binding on any court deciding the question of what is a “natural born Citizen.” But not only is the decision not binding, it also needs to be rejected for diminishing the meaning of an Article II “natural born Citizen.”
Read this article at puzo1.blogspot.com ...
The Court held: “For purposes of this analysis, this Court considered that [Alleged] President Barack Obama was born in the United States. Therefore, as discussed in Arkeny [sic meant Ankeny], he became a citizen at birth and is a natural born citizen.”
But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs’ claims. But he does not tell us in his decision what evidence he relied upon to “consider[]” that Obama was born in the United States. The judge “considered” that Obama was born in the United States. What does “considered” mean? Clearly, it is not enough for a court to consider evidence or law. It must make a finding after having considered facts and law. The judge simply does not commit to any finding as to where Obama was born. Using the word “considered” is a cop out from actually addressing the issue. Additionally, we know from his decision that neither Obama nor his attorney appeared at the hearing let alone introduced any evidence of Obama’s place of birth. We also know from the decision that the judge ruled that plaintiffs’ documents introduced into evidence were “of little, if any, probative value, and thus wholly insufficient to support Plaintiff’s allegations.” Surely, the court did not use those “insufficient” documents as evidence of Obama’s place of birth. Nor does the judge tell us that he used those documents for any such purpose. The judge also does not tell us that the court took any judicial notice of any evidence (not to imply that it could). The judge did find that Obama has been certified by the state executive committee of a political party. But with the rules of evidence of superior court applying, this finding does not establish anyone’s place of birth. Hence, what evidence did the judge have to rule that Obama is born in the United States? The answer is none.
The court did not engage in its own thoughtful and reasoned analysis of the meaning of an Article II “natural born Citizen,” but rather relied only upon Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678 (Ind. Ct.App. 2009), transfer denied, 929 N.E.2d 789 (2010), a state-court decision which erred in how it defined a “natural born Citizen.”
The court says that Ankeny is persuasive. The court does not show us why Ankeny is persuasive other than to just provide some quotations from the decision. On the contrary, upon close analysis, we can see that Ankeny is far from persuasive on the definition of a “natural born Citizen.” The court’s decision can only be as sound as the Ankeny decision may be. But an analysis of that decision shows that it was incorrectly decided as to its definition of an Article II “natural born Citizen.”
Presidential eligibility is a national issue. Under our Constitution, like the States do not have power to naturalize citizens, they also do not have power to change, add, or diminish the meaning of an Article II “natural born Citizen.” See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) (states have no authority to change, add, or diminish the eligibility requirements for members of Congress). Moreover, as naturalization needs uniformity, so does the citizenship standard needed to be met by those wishing to be eligible to be President. Hence, any state court decision on the meaning of a “natural born Citizen” is not binding on the nation in determining who is eligible to be President. Such a decision can only be ultimately made by the U.S. Supreme Court which would make its decision the law of the entire nation. The Ankeny case is a decision of the Indiana state court and not by the U.S. Supreme Court. For this reason, the Ankeny decision is not binding on any court deciding the question of what is a “natural born Citizen.” But not only is the decision not binding, it also needs to be rejected for diminishing the meaning of an Article II “natural born Citizen.”
Read this article at puzo1.blogspot.com ...