This is the third part in my series of articles on Birther blog The Post & Email. (See The Post & Email–Fake news site and Birtherism’s last bastion–Part 1 and The Post & Email–Fake news site and Birtherism’s last bastion–Part 2 Sharon Rondeau.)
In this article I will cover some of the crazy regular commenters on articles there. Most of them are Birthers we know from their postings elsewhere and from them filing Birther lawsuits in either the 2008 or of the 2012 election cycle.
These include people like Cody Robert Judy from Utah and Robert Laity from New York. I am sure they are attracted to the P&E because every time they file something or the courts reject their idiotic lawsuits Sharon Rondeau writes an obligatory article about it. Rondeau has also allowed them to write guest articles about their wrongheaded opinions on the definition of natural born citizen and their lawsuits.
Laity may be one of the more radical Birthers. He pushes the theory that Barack Obama was subject to the articles of the Uniform Code of Military Justice since he was Commander in Chief and can therefore be prosecuted under the UCMJ for usurping the presidency during time of was and should therefore be executed. Laity must be retired and therefore has a lot of time on his hands to think up such utter nonsense.
Laity claims to have an honorary “juris doctorate” and calls himself an expert on the meaning of natural born citizen. He must have ordered a degree from a place that advertised in the back of a magazine.
Blogger NBC wrote one of the best refutations of Laity’s argument on the UCMJ in an article in 2014:
Robert Laity: Obama has usurped the Presidency of the United States during time of War. That makes Obama a Spy under the Uniformed Code of Military Justice at Section 906,Article 106. Also see: 18USC,Part 1,Chapter 115,Sec.2381.
In order to determine if Laity is correct, we have to look at Article 106 of the UCMJ. It requires the following elements to be true:
1) That the accused was found in, about, or in and about a certain place, vessel, or aircraft within the control or jurisdiction of an armed force of the United States, or a shipyard, manufacturing or industrial plant, or other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere;
(2) That the accused was lurking, acting clandestinely or under false pretenses;
(3) That the accused was collecting or attempting to collect certain information;
(4) That the accused did so with the intent to convey this information to the enemy; and
(5) That this was done in time of war.
Let’s start with (5). Since Laity approvingly has mentioned US v Averette, let’s see how the Court defined ‘in time of war’ and what its ruling was
In 1970, the Court of Military Appeals held that civilian employees of the military overseas could not be subjected to court-martial (United States v. Averette, 19 U.S.C.M.A 363)[, unless in times of war.]
the U.S. Court of Military Appeals adopted a strict construction of the phrase “in time of war” finding that the phrase referred only to a congressionally declared war. Since the Vietnamese conflict was not a congressionally declared war, Averette’s trial by court-martial was declared unconstitutional.
US v Averette does not provide any foundation for Laity’s claims that UCMJ 106 applies to our President. Of course, non of the other elements apply either, showing how poorly developed Laity’s arguments really are.
Laity has tried to ‘argue’:
6. Obama has no lawfully granted security clearance
As to the need for a security clearance, see EXECUTIVE ORDER #12968 and the following:
“The president is the one who established the security clearance system by executive order,” said Steven Aftergood, a national security and intelligence specialist with the Federation of American Scientists. “Therefore it is nonsensical to speak of clearances higher than what the president has. As head of the executive branch and commander in chief of the armed forces, there is no information in government that could be denied to the president for security reasons if he determined he needed access to that information.”
(More at the link)
Laity won’t listen and has ignored the fact that dozens and dozens of courts have rejected the notion Barack Obama was not eligible to be President. Laity hasn’t given up now that Obama has served two full terms. He thinks Obama can still be arrested. Laity may be an idiot but he is a persistent idiot.
Then there is Cody Robert Judy. Judy, Judy, Judy… (Google Goober Pyle if you don’t get it.)
Where should I start? Judy considered himself a candidate for president in 2008 and 2012 merely because he filed with the Federal Election Commission as a candidate. He wasn’t on the ballot in any state, even his home state of Utah. He never registered as a write in candidate either. To my knowledge he ever received a single vote in either election. Yet, that didn’t stop Judy from filing a lawsuit against Obama (aka Barry Soetoro), the DNC, and Organizing for America, and several Democratic officials for millions in damages because he claims he was harmed by Obama since he was not a natural born citizen. Judy cites the usual Birther drivel about Minor v Happersett and de Vattel in his complaint. (He threw in Harry Reid and Nancy Pelosi as defendants for good measure.
Judy’s writings are best described as word salads, i. e., lots of words thrown together in no particular order. His blog posts are more of the same. He commented quite a while at Obamaconspiracy.org but he was eventually banned. Judy immediately blocks anyone on Facebook or Twitter who is critical of him.
The federal district court in Utah allowed Judy to file in forma pauperis (IFP). When none of the defendants replied (he failed to properly serve all of them) Judy filed for a default judgment. Not only did Judy not get the default judgment the court dismissed his case as frivolous.
Judy appealed to the 10th circuit and the dismissal in district was upheld. He then filed with the US Supreme Court. Judy assumed his IFP status carried over to SCOTUS but the court denied him IFP status and said he would have to go through the process of applying to receive IFP status. Judy either never applied or never received permission to file IFP so his appeal was closed.
In 2017 Judy filed a motion to demand that the 10th Circuit reopen his case based on “new evidence”. His “new evidence” was Mike Zullo’s December 2016 press conference on the Cold Case Posse investigation into Obama’s birth certificate. You may recall that was the “press conference” where the press was not allowed to ask any questions.
The 10th Circuit of course denied Judy’s motion since his case had found to be frivolous and nothing Zullo had presented had anything to do with the merits of his case.
Judy then filed an emergency petition to Justice Gorsuch to request that he force the Tenth Circuit to reopen his case. Judy missed the small detail that Justice Sotomayor and not Justice Gorsuch is assigned to handle emergency petitions for the Tenth Circuit. The clerks at SCOTUS returned Judy’s petition and it was never filed.
Judy seems to live a somewhat miserable existence. He wrote on Facebook that he was kick out of his apartment and had to spend several nights in his meat truck at a KOA campground (Judy is apparently a meat salesman).
Delusion and poverty are not new to Judy. In 1993 he rushed the stage at the BYU Marriott Center where President Hunter was conducting a fireside chat before 17,000 people. “Judy rushed the stage of a multi-stake fireside at the Marriott Center. Judy carried a briefcase and waved a cellular phone that had been taped to look like a bomb. There was a brief exchange of words with President Hunter until police were able to take Judy into custody.”1
Judy ultimately pleaded guilty to charges of aggravated burglary, assault and escape after fleeing the state mental hospital in the days after his arrest. He was incarcerated in the Utah State prison until he was released on parole in 1999. Judy’s wife divorced him after the incident. 2
Judy was released on parole in 1999 and had to serve six years probation. He seems to have latched on to running for president as a non-candidate and filing lawsuits as a way to put meaning into and otherwise worthless life.
At the Post & Email Sharon Rondeau never brings up the fact that Judy terrorized 17,000 people in a packed arena nor his criminal background. He is praised for continuing to file hopeless motions in the various courts. Of course Rondeau seems to be drawn to criminals like a moth to light bulb at night. I will cover her other favorite criminal Walter Fitzpatrick in a future installment.