Posted on 03/05/2009 1:52:30 PM PST by rxsid
ORDER For the reasons set forth in an accompanying memorandum, the defendants' motion to dismiss [#9] is granted, and John D. Hemenway is ordered to show cause within eleven days of the date of this order why he should not be sanctioned under Rule 11(b) of the Federal Rules of Civil Procedure.
http://www.scribd.com/doc/13033216/Dismissed
PING.
James Robertson (born 1938) is a judge for the United States District Court for the District of Columbia. James Robertson was appointed a United States District Judge by President Bill Clinton in 1994. Chief Justice William Rehnquist later placed him on the Foreign Intelligence Surveillance Court. On December 20, 2005, Judge Robertson resigned his Foreign Intelligence Surveillance Court position.
After graduating from Western Reserve Academy in Hudson, Ohio, he graduated from Princeton University in 1959 and received an LL.B. from The George Washington University Law School in 1965 after serving in the U.S. Navy.
11 (b) Representations to the Court.
By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
FLOOD THE DOCKETS MY FELLOW PATRIOTS!!!!!!!!!
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
(a) Signature.
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.
(b) Representations to the Court.
By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(c) Sanctions.
(1) In General.
If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
It figures Rat Judge.
"This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life the case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end."
Ruh roh. Sanctions for this attorney are unavoidable. Disbarment isn’t out of the question. Federal courts don’t play games.
No thanks, I don’t want to be sanctioned for bringing a frivolous lawsuit.
Getting out my flame resistant suit.
I wondered how long it would take for them to use Rule 11, to go after the attorneys as a means of protecting Barry.
"The issue of the President’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court."
What's wrong judge are afraid you'll be kept off the DC cocktail list?
Judge Robertson resigned FISA probably to embarrass the Bush administration. A Clinton appointee in 1994.
Regardless of where you stand on this issue, I believe this Missouri bill is a great idea. As an old commanding officer of mine use to say, inspect what you expect. We should do the same for the most important job in the country.
Raised? Yes! Vetted? Hell, NO! Apart from 0bama, who else has seen the actual BC? The governor of HI? And, that brought us what? At best, an ambiguous statement that cleared up NOTHING.
The fact remains that BHO has NOT PROVIDED any evidence of his eligibility to hold the office to which he pretends.
It’s time to take back the country, and it should start with this issue...
Hear! Hear!
The amazing irony here is that it was the “America’s vigilant citizenry” that actually exposed the problem with Barry’s fake short form COLB and that the fact that he had British Citizenship at birth and that his father was a British subject and never a U.S. Citizen. Yet, the MSM and the weak kneed judges who have buried this issue.
Oklahoma has a similar bill so that’s two states. We need a few more states for good measure to at least keep Obama to 1 term.
I imagine that the people really do. They just want to obscure the law.
It amazes me how judges, allegedly devoted to fair and just proceedings, just blow these cases out the door with no more basis than reading Doonesbury.
Then again, my X-wife’s lawyer became a local judge. And he was a real piece of puppy dung regardless of my personal bias in this case.
I know there are good/honest lawyers and judges cause I’ve dealt with several. But at some point in the political process some get just as compromised as the politicians we elect on good faith.
It might be impossible to get the decision overturned but I’ll bet any sanctions could be successfully fought. The judge might have been a little too cute for his own good. Who twittered, who texted? Was any of this presented as evidence? After all, that’s what is sought - definitive proof AND THERE IS NONE IN THE PUBLIC SPHERE.
Roland Freisler smirks from hell.
Is anyone actually surprised?
I don't care what people say, the most corrupt, inside-baseball courts in this country are Family Courts - with divorce attorneys as the Captains and the Judges as the Mafia Dons.
THe less amazing “irony” is that he did NOT have British (or any other but American) citizenship at birth, as he was NOT in the custody of his absent father ; but in the custody of his MOTHER : a bona fide US Citizen.
The court was rather frank on this matter, but probably more restrained than it could have been.
There is not-and never was credible evidence Obama was anything other than a native-born US Citizen; however, it would appear this lack of evidence is now to be used as “proof of a conspiracy”.
It is one thing to lament over the loss of an election; and quite another to lose one’s common sense.
"Death to our fathers' America"
Absolutely correct. Who vetted? Where's the proof? And yes, this judge may have been a bit too much of a smart a$$ in his decision. You known this is going to the court of appeals. Let's see how they treat it.
By the decision? No (not at this level). At the order put out by the judge? Definitely. Very unprofessional IMHO. The guy definitely sound more like a party hack than a federal (impartial) judge.
I hope he slaps a giant fine of Berg and his minions.
You have the right to ask for it. You don't have the right to force Obama to produce it. Not through the court.
Wrong. So very wrong. Barry even admits to both facts on his own campaign web site.
Quote: ". As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”"
Barry himself was a British Subject from the time of his birth (hospital, house, clinic of birth unknown) until Aug 4 1982.
But under the laws at the time, his mother, as a minor (17) was not able to confer citizenship to her son if he was not DEMONSTRABLY born in the United States.
You first.
For candidates who are required by the Constitution of the United States to be natural born citizens, the secretary of state shall request an official copy of the candidate’s birth certificate. Other certifications, such as a certificate of live birth, shall not be accepted.
His mother was born in November 1942. In August 1961 she would have been 18, almost 19. She would have been considered an adult.
I, too, would like to know who has standing to demand that our candidates produce their qualifications as specified by our Constitution.
This is like a big conspiracy and coverup by our judiciary branch.
Which he was. Haven’t you noticed ?
The “WORD” is now “Green side out” (COLB valid, no forgery,let’s try the British citizen ploy.)
http://travel.state.gov/law/info/info_609.html
Obama's mother didn't give birth to him at 19 (14 + 5). Therefore, Obama could not obtain U.S. citizenship based only by virtue his mother's citizenship.
Who validated the fake (no embossed state seal) short form colb on his own fight the smears web site?
Link to the statement of validation?
This 71-year-old Judge has sipped the kool-aid and has decided to drop on bended knee to “The One.”
Word of the day (from the memorandum) - fealty: the obligation or the engagement to be faithful to a lord, usually sworn to by a vassal.
Bonus word of the day - vassal: a person granted the use of land, in return for rendering homage, fealty, and usually military service or its equivalent to a lord or other superior; feudal tenant.
Arguable since I've seen other versions of the law in place at the time that indicates he would be a citizen if born overseas. But regardless, if he was in fact born in Hawaii then it's case closed, he's eligible, and we can all go home. Since he's not cooperating then it's up to you to show he wasn't born in the U.S. How's that going?
He is, a Uslurpler. That is, one who slurps the kool-aid given out by the usurper.
A link to a government web site with the alternative definition would be great, as I've provided backing my statement. Thanks.
Try checking the wording of the various vapid lawsuits.
Hollister should consider signing onto Orly’s lawsuit.
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