Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

"Birther" Lawsuit Bounced: Judge rips "improper and unethical" conduct of lawyer Taitz
The Smoking Gun ^ | 10/29/09

Posted on 10/30/2009 8:04:26 AM PDT by Behind Liberal Lines

OCTOBER 29--A federal judge today dismissed a lawsuit brought by individuals claiming that Barack Obama was born in Kenya and, as a result, does not meet the qualifications to be president.

Along with bouncing the lawsuit, U.S. District Court Judge David Carter eviscerated the controversial lawyer representing the "birthers" who sued Obama. In a 30-page order filed today, Carter stated that he was "deeply concerned" that attorney Orly Taitz "may have suborned perjury through witnesses she intended to bring before this court."

Carter, who was appointed to the federal bench in 1998 by President Bill Clinton, noted that he had received "several sworn affidavits" showing that Taitz "asked potential witnesses" to lie under oath. The judge also contended that Taitz engaged in "improper and unethical" conduct by encouraging her supporters to phone and write him in an "attempt to influence this Court's decision."

Carter's order, an excerpt of which you'll find below, does not indicate whether Taitz would face any administrative sanctions for her behavior, or whether the perjury allegations were being reviewed by prosecutors.


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: birthcertificate; birthers; certifigate; conspiracy; nuts; obama; orlytaitz
Navigation: use the links below to view more comments.
first 1-5051-100101-150151-200 ... 651-677 next last
Decision here
1 posted on 10/30/2009 8:04:27 AM PDT by Behind Liberal Lines
[ Post Reply | Private Reply | View Replies]

To: Behind Liberal Lines
It is amazing, I can't count the times I've had to present a birth certificate: To register in school, get a passport, driver's license etc. It is amazing the lengths to which this President is going to to keep his hidden.
2 posted on 10/30/2009 8:08:04 AM PDT by NavVet ("You Lie!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: NavVet
"It is amazing, I can't count the times I've had to present a birth certificate: To register in school, get a passport, driver's license etc."

Because there were rules requiring you to present one for those things. There is no rule requiring a President submit one.

"It is amazing the lengths to which this President is going to to keep his hidden."

But he hasn't. He made it available and photos were posted on the internet.

3 posted on 10/30/2009 8:11:54 AM PDT by mlo
[ Post Reply | Private Reply | To 2 | View Replies]

To: NavVet

“Carter, who was appointed to the federal bench in 1998 by President Bill Clinton”

Says it all.

But I believe there are OTHER, more fruitful cases going forward on the Kenyan (?) Fraud.


4 posted on 10/30/2009 8:12:36 AM PDT by ZULU (God guts and guns made America great. Non nobis, non nobis Domine, sed nomini tuo da gloriam.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Behind Liberal Lines
If I read the decision right. The only persons that Carter allowed might have had standing were the other candidates. And even these he wondered where to draw the line. But he went on to say, it didn't matter, because the court couldn't remove a sitting president. I didn't think he allowed for the military to have standing. Although I thought the logic was convoluted. He blasted the officers who had standing order, for waiting until they were ordered to deploy. But then said all the others only had hypothetical damages. Seems disingenious to me, to fault both military with and without pending orders. Which leads to questions.
5 posted on 10/30/2009 8:12:36 AM PDT by DannyTN
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

How hard is it to simply order “Defendant must present his birth certificate”!? That’s all that really matters - it will sink or exonerate 0bama!


6 posted on 10/30/2009 8:15:17 AM PDT by IntolerantOfTreason (The AMERICAN President should be an AMERICAN, NOT an AFRICAN-American)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mlo

And those “photos” have since been discredited as being photoshopped forgeries, and very poor forgeries at that.


7 posted on 10/30/2009 8:19:36 AM PDT by taxcontrol
[ Post Reply | Private Reply | To 3 | View Replies]

To: taxcontrol

Even the state of HI can’t remember even issuing a COLB to Ozero. They would not say it was the real thing.


8 posted on 10/30/2009 8:24:09 AM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 7 | View Replies]

To: taxcontrol

A Constitution without a government; a government without a Constitution.


9 posted on 10/30/2009 8:24:27 AM PDT by Psalm 144 (What did you think NEW WORLD ORDER meant? The Constitution? States' rights? Individual liberty?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: mlo

he presented a forged certificates of live birth,
which is different than a birth certificate in the first place

when you know the facts, its harder to have people lie to you
(not directed at mlo)


10 posted on 10/30/2009 8:25:36 AM PDT by paythefiddler (redefeat communism)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Behind Liberal Lines

David O. Carter was a marine once. Now he is Hussein’s little b**ch.


11 posted on 10/30/2009 8:27:44 AM PDT by Frantzie
[ Post Reply | Private Reply | To 1 | View Replies]

To: DannyTN

Carter has no honor.


12 posted on 10/30/2009 8:28:43 AM PDT by Frantzie
[ Post Reply | Private Reply | To 5 | View Replies]

To: Goreknowshowtocheat
"Even the state of HI can’t remember even issuing a COLB to Ozero. They would not say it was the real thing."

You're entitled to believe what you wish to believe, but you're not entitled to your own facts...

STATEMENT BY DR. CHIYOME FUKINO, OCT 31, 2008

STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D., July 27, 2009

13 posted on 10/30/2009 8:31:28 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: OldDeckHand; mlo

It is amazing how some people can refuse to accept something, anything, that contradicts their prejudice.

Both of you prepare to be maligned.


14 posted on 10/30/2009 8:39:37 AM PDT by norge (The amiable dunce is back, wearing a skirt and high heels.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: OldDeckHand

Neither one of those refer to the COLB that was presented online.


15 posted on 10/30/2009 8:39:52 AM PDT by TheCipher
[ Post Reply | Private Reply | To 13 | View Replies]

To: OldDeckHand

I did not read in her statement that she issued the COLB that is displayed on the internet. She did not endorse it. What facts are you reading?


16 posted on 10/30/2009 8:45:24 AM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 13 | View Replies]

To: IntolerantOfTreason
How hard is it to simply order “Defendant must present his birth certificate”!? That’s all that really matters - it will sink or exonerate 0bama!

Without getting into the merits (or lack thereof) of the case, perhaps the plaintiff's attorney shouldn't have behaved unethically (by trying to present perjured testimony and improper ex parte contacts with the court), thereby giving the judge a basis on which to toss the lawsuit?

17 posted on 10/30/2009 8:47:13 AM PDT by Behind Liberal Lines
[ Post Reply | Private Reply | To 6 | View Replies]

To: TheCipher
'Neither one of those refer to the COLB that was presented online."

You mean this Certification of Live Birth?

Yep, you make a good point. Clearly, Barack Obama and his minions went to the trouble of fraudulently creating an Hawaiian Certification of Live Birth because it would be too troubling to mail the $15 to the state have them send him a certified copy - a copy that no less than three official HI state representatives have said - while acting in their official capacity - clearly exists. Yep, that makes all the sense in the world, it has too be fake, just has to be.

When did stupidity and kooky conspiracy theories become en vougue in the conservative movement? I thought that was the provenance of left-wing, dope smoking, peace symblol wearing, Hollywood celebutards.

18 posted on 10/30/2009 8:47:56 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Behind Liberal Lines

This makes two judges she’s ticked off...who’s next?

Scalia?


19 posted on 10/30/2009 8:48:49 AM PDT by norge (The amiable dunce is back, wearing a skirt and high heels.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Goreknowshowtocheat
"I did not read in her statement that she issued the COLB that is displayed on the internet. She did not endorse it. What facts are you reading?"

See post #18 just above, it's applicable to you too.

20 posted on 10/30/2009 8:49:03 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: OldDeckHand

So when you have to present a vital document, it’s sufficient to get a statement from someone claiming that they have seen this document? Can I do this with say, my driver’s license?


21 posted on 10/30/2009 8:49:15 AM PDT by Jack Wilson
[ Post Reply | Private Reply | To 13 | View Replies]

To: ZULU
But I believe there are OTHER, more fruitful cases going forward on the Kenyan (?) Fraud.

Ah if believing could only make it come true...

22 posted on 10/30/2009 8:50:42 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 4 | View Replies]

To: Frantzie
Carter has no honor.

He has more honor than you'll ever have.

23 posted on 10/30/2009 8:52:33 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 12 | View Replies]

To: OldDeckHand
“I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen." That's written hearsay. By definition it is unreliable and inadmissable in court to prove the truth of the matter stated. His birth certificate, on the other hand, as a public record is an exception to the HS rule.
24 posted on 10/30/2009 8:52:59 AM PDT by tumblindice (*I don't care what anyone says: libertarians are all right!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: OldDeckHand

Maybe something on the official document ( the daddy perhaps ? ) does not match his “official “ story ? To clear all this up he doesn’t even have top spend the $15 for a copy. Just the cost of a stamp to mail a letter authorizing the release of the COLB to anyone who requests i. Why not do that. Supposedly h has already released it.


25 posted on 10/30/2009 8:53:47 AM PDT by TheCipher
[ Post Reply | Private Reply | To 18 | View Replies]

To: Jack Wilson
"So when you have to present a vital document, it’s sufficient to get a statement from someone claiming that they have seen this document? Can I do this with say, my driver’s license?"

I could cite for you at least 50 different state laws, and dozens of federal laws that specify what kind of identification you have to present, and when you have to present it.

Show me in the US Code, or the US Constitution where a President must show his Birth Certificate. It would also be helpful if you, as the Constitutional scholar you seem to be, tell me precisely to whom this birth certificate should be shown.

26 posted on 10/30/2009 8:53:59 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: TheCipher
"Why not do that."

He did do it. His campaign made the COLB available for inspection by members of the media. Read upthread, you'll find the link.

27 posted on 10/30/2009 8:55:56 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Non-Sequitur

Honor is doing the right thing even if nobody likes it. Carter came up short in this department. Sorry.


28 posted on 10/30/2009 8:57:46 AM PDT by 70th Division (I love my country but fear my government!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: tumblindice
"That's written hearsay. By definition it is unreliable and inadmissable in court to prove the truth of the matter stated. His birth certificate, on the other hand, as a public record is an exception to the HS rule. "

I don't know if I have ever read a such a short paragraph with so many inaccuracies. Fukino's statement isn't hearsay. It's not anything more than it represents itself to be, a public deceleration from a state employee acting in her official capacity and official state letterhead.

State documents aren't "an exception to the HS rule", they are prima facie evidence. And, according to the Federal Rules of Evidence, they're presumptively authenticate.

29 posted on 10/30/2009 9:01:22 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: OldDeckHand
He did do it. His campaign made the COLB available for inspection by members of the media. Read upthread, you'll find the link

Oh yes, the media are excellent forensic experts. He "made" the "presented" copy available. By waiving his right to privacy, the media could request one directly from Hawaii- therefore forgoing any question of authenticity.

30 posted on 10/30/2009 9:01:46 AM PDT by TheCipher
[ Post Reply | Private Reply | To 27 | View Replies]

To: humblegunner
This is just a minor setback. Time for the Birthers to bring out the big guns, (Orly of course blazed a magnificent trail), and settle this matter once and for all.

Meet your Waterloo, Obama:

Dewey, Cheatham & Howe, Esqs.


31 posted on 10/30/2009 9:02:48 AM PDT by jla
[ Post Reply | Private Reply | To 1 | View Replies]

To: OldDeckHand

I don’t believe everything that comes out of Hawaii. I guess I should huh? Sun Yat Sin had a COLB from Hawaii but he was born in China. Lots of people have COLBs that don’t mean squat. Apparently, you believe squat when delivered by Democrats from Hawaii. She also ruled that he was a “natural born” citizen. You believe that too? The courts have not said much on that issue. If she ruled it, it must be a fact??? Really.


32 posted on 10/30/2009 9:04:52 AM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 18 | View Replies]

To: DannyTN

The courts do not want to be involved in this and have taken a two pronged attack - if you filed suit before the inauguration, you had no standing because no harm had been done to you. If your filed suit after the inauguration, you have no standing because your suit wasn’t timely, and there is no constitutional provision for the courts to remove a sitting president - it may only be done through impeachment.


33 posted on 10/30/2009 9:06:03 AM PDT by In Maryland ("Impromptu Obamanomics is getting scarier by the day ..." - Caroline Baum)
[ Post Reply | Private Reply | To 5 | View Replies]

To: 70th Division

28 posts and no one has mentioned the real value of Carter’s decision. Go to www.naturalborncitizen@wordpress.com. Leo Donofrio nails the fact that in his opinion Judge Carter roadmapped the proper course of action which is a quo warranto proceeding before the District Court of D.C.

In his excellent blog, he also has dealt with the Hawaiian officials’ statements which are more political than factual.


34 posted on 10/30/2009 9:08:31 AM PDT by masadaman
[ Post Reply | Private Reply | To 28 | View Replies]

To: Goreknowshowtocheat; TheCipher
"I don’t believe everything that comes out of Hawaii. "

Finally, someone admit its. And, people wonder why Obama won't "waive his right to privacy" and release it. No matter what Obama releases, no matter how it's corroborated by state officials acting in their official capacity, the crazy Birthers won't believe it. That is why he yanks their/your chains.

35 posted on 10/30/2009 9:08:47 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: OldDeckHand

Your post 29 is total bovine excrement `OldDeckHand’.
For a noob going on four months, you can compress a lot of invective, insults and nonsense into one thread.
I’ve wondered why there are so many obnoxious Obamanauts here lately on this issue, and it suddenly came to me—that’s lefty MO and freepers must be over the target.


36 posted on 10/30/2009 9:09:04 AM PDT by tumblindice
[ Post Reply | Private Reply | To 29 | View Replies]

To: taxcontrol
"And those “photos” have since been discredited as being photoshopped forgeries, and very poor forgeries at that."

No they haven't. Some completely unqualified internet crackpot posted such a theory, but it was just a gibberish filled rant.

37 posted on 10/30/2009 9:10:41 AM PDT by mlo
[ Post Reply | Private Reply | To 7 | View Replies]

To: masadaman

CORRECTION: Donofrio’s blog is www.naturalborncitizen.wordpress.com. Mea culpa.


38 posted on 10/30/2009 9:11:23 AM PDT by masadaman
[ Post Reply | Private Reply | To 34 | View Replies]

To: OldDeckHand
And, people wonder why Obama won't "waive his right to privacy" and release it. No matter what Obama releases, no matter how it's corroborated by state officials acting in their official capacity, the crazy Birthers won't believe it.

That's a lame excuse.

39 posted on 10/30/2009 9:11:38 AM PDT by TheCipher
[ Post Reply | Private Reply | To 35 | View Replies]

To: OldDeckHand

Finally, I admitted that the nonsense coming out of Hawaii does not pass the smell test. You did not comment on her “natural born” ruling. Or, did you just swallow that.


40 posted on 10/30/2009 9:12:47 AM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 35 | View Replies]

To: paythefiddler
"he presented a forged certificates of live birth,"

No, there is no evidence it is forged, and Hawaii has confirmed they maintain the underlying records.

"which is different than a birth certificate in the first place"

No, it is a birth certificate. It's just the form Hawaii issues.

"when you know the facts, its harder to have people lie to you"

Precisely why I keep posting to correct misinformation.

41 posted on 10/30/2009 9:13:06 AM PDT by mlo
[ Post Reply | Private Reply | To 10 | View Replies]

To: Goreknowshowtocheat

We need to start a massive movement to get orly on fox,
and as many other radio stations as possible.
GIANT PETITION TO FOX


42 posted on 10/30/2009 9:13:39 AM PDT by manonCANAL
[ Post Reply | Private Reply | To 32 | View Replies]

To: 70th Division

So what are the legal shortcomings of his decision?


43 posted on 10/30/2009 9:15:37 AM PDT by Mr. Blonde (You ever thought about being weird for a living?)
[ Post Reply | Private Reply | To 28 | View Replies]

To: tumblindice
'Your post 29 is total bovine excrement"

Prove it. Show me where you're right citing FRCP and FRE. People like you, whose only experience in in court is watching Perry Mason, say things that border on retarded. And yet, when someone points out the stupidity of your comments, you don't point to facts, you just lob insults.

Here's a hint, Google "Proving an official record" and FRCP and let me know what you come up with.

And, while you're at it, show me where Barack Obama has to show his birth certificate. Cite the law.

44 posted on 10/30/2009 9:17:41 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Goreknowshowtocheat
"You did not comment on her “natural born” ruling. "

If he was born in HI, and she says he was and the documents are on file to prove it, then he is a natural born citizen. It's as simple as that.

45 posted on 10/30/2009 9:19:16 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: Non-Sequitur

What? John Glenn had honor. Then, he decided he would be a democrat and cover for Bill Clinton. Honor is something you are consistent with. Someone who takes the oath to protect and defend the Constitution, when presented the opportunity will rush to it’s defense. We thought of all the oath takers, Carter might be up to the task. He was not.


46 posted on 10/30/2009 9:21:36 AM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 23 | View Replies]

To: OldDeckHand

There is no court ruling on what constitutes natural born except the one that says born of natural born parents on American soil. You have just said that he qualifies under that definition, because she said so. By reasoning then, his father was a natural born US citizen, then BHO is a natural born citizen. Great work, you have solved the puzzle. I was apparently deceived into thinking he was a Kenyan. He must have had another father or the Kenyan was really born in Kansas?


47 posted on 10/30/2009 9:27:36 AM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 45 | View Replies]

To: Behind Liberal Lines

Court Judge David Carter is a Clinton hoe kisser so
it doesn’t come as a surprise.


48 posted on 10/30/2009 9:34:13 AM PDT by TribalPrincess2U (demonicRATS, the party of taxes and death. Is this what you want?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Goreknowshowtocheat
"You have just said that he qualifies under that definition, because she said so."

No, I said he qualifies because he was born in HI. I couldn't care less about the legal opinion of a civil servant, who's a physician, no less.

I haven't seen a single, credible legal scholar make a reasoned case that Obama - if a citizen at birth by virtue of his Hawaiian birth - does not meet the eligibility requirements prescribed in the USC. Not one. And, I've looked.

Although, I have seen PLENTY of self-proclaimed attorneys of no reputation and with internet blogs (who always seem to have a "contribute here" Paypal button), make all kinds of representations that he wouldn't qualify, even if he was born in HI. In fact, at least one lawsuit was brought. No court found the argument compelling, to include the US Supreme Court.

If you can cite a contrary opinion, that has been published in a law review by a Constitutional scholar, please post it as I'd love to read a well reasoned argument for this case. But, the internet blogings of attorneys with questionable CVs, don't impress me.

49 posted on 10/30/2009 9:41:27 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 47 | View Replies]

To: Goreknowshowtocheat
"There is no court ruling on what constitutes natural born except the one that says born of natural born parents on American soil"

Really, which one would that be? Please cite it.

50 posted on 10/30/2009 9:42:23 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
[ Post Reply | Private Reply | To 47 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-150151-200 ... 651-677 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson