Florida Democrat Michael Voeltz had filed a lawsuit against Barack Obama’s eligibility to serve as President of the United States and claimed that he was a threat to the safety and security of the United States. Larry Klayman, founder of Freedom WatchUSA served as Voeltz’s attorney on the case.
On Dec. 13, Florida Circuit Court of Leon County Judge Kevin Carroll gave the plaintiffs until Dec. 23 to respond to Obama’s attorneys’ motion to dismiss the case. However, Judge Carroll went against his own order and dismissed the case on the 21st. In his dismissal, Carroll wrote:
“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world.”
“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”
Carroll’s dismissal was immediately challenged by Klayman claiming that the judge prematurely dismissed the case without a proper hearing as described by state law. Klayman explained: