Posted on 09/07/2009 6:09:15 AM PDT by Free America52
The Justice Department is urging a federal court to toss out a lawsuit in which prominent birthers' attorney Orly Taitz is challenging President Barack Obama's Constitutional qualifications to be president.
In a motion filed Friday in U.S. District Court in Santa Ana, Calif., government lawyers did not directly rebut the conspiracy theory Taitz propounds that Obama was not born in Hawaii as he claims and as asserted by Hawaiian officials as well as contemporary newspaper birth notices. Instead, the federal attorneys argued that the suit is inherently flawed because such disputes can't be resolved in court and because the dozens of plaintiffs can't show they are directly injured by Obama's presence in office.
"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution’s textual commitments, that challenges to the qualifications of a candidate for President can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress," Assistant United States Attorneys Roger West and David DeJute wrote. "Therefore, challenges such as those purportedly raised in this case are committed, under the Constitution, to the electors, and to the Legislative branch."
The birthers' suit claims that Obama is a citizen of Indonesia and "possibly still citizen of Kenya, usurping the position of the President of the United States of America and the Commander-in-Chief.”
Lieutenant Jason Freese and some other plaintiffs in the case claim they have a real injury because they are serving in the military commander by Obama, the alleged usurper. However, West and DeJute say that argument is too speculative.
"The injuries alleged by Plaintiff Freese and the other military Plaintiffs herein, are not particularized as to them, but, rather, would be shared by all members of the military and is an inadequate basis on which to establish standing," the government lawyers wrote.
Another plaintiff in the suit, Alan Keyes, is a three-time, longshot presidential candidate who ran most recently in 2008. Yet another is Gail Lightfoot, an ultra-longshot vice presidential candidate in 2008. The DOJ argues that they were not directly aggrieved by Obama's election because they never had a mathematical chance of winning.
"The [lawsuit] does not allege, nor could it allege, that any of these Plaintiffs were even on the ballot in enough states in the year 2008 to gain the requisite 270 electoral votes to win the Presidential election," the motion states.
The Justice Department brief takes a few shots at the wackiness of the birthers, accusing them of trafficking in "innuendo" and advancing "a variety of vaguely-defined claims purportedly related to a hodgepodge of constitutional provisions, civil and criminal statutes, and the Freedom of Information Act."
Those arguments notwithstanding, the DOJ lawyers were pretty kind to the birthers and to Taitz, since the filings in the case are replete with spelling errors, among others. Taitz submitted another purported foreign birth certificate for Obama last week in a filing labeled, "Kenian Hospital Birth Certificate for Barack Obama."
The case is set for a hearing Tuesday morning before Judge David Carter. There's a strong chance the session will devolve into something of a sideshow since a couple of plaintiffs in the case are now in a dispute with Taitz and have sought to bring in a different attorney to represent them in the case.
What do you expect them to do? Ignore it? I mean come on! There was a suit filed by 100 kids in LA not too long ago against Obama for having their parents deported. If the Justice Department responds to that and moves to have that dismissed, does that mean they're taking that one seriously, too? All the suits that were filed against Bush and Cheney over the legality of the war, should the U.S. Attorneys ignored those because to do otherwise would mean they took them seriously?
Taitz filed the suit, so the defense has to act. The best way to deal with it is the way that has worked in all the other birther suits to date - move to dismiss on grounds that the plaintiff lacks the legal standing to sue. The best way to kill the suit is not let it get into court. And they're batting a thousand on that so far.
NS wrote: “But it still pertains to his duties as president. And as such, the Justice Department provides the defense.”
If what you say is true, NS, then why has the DOJ waited until NOW, to even COMMENT on these cases, and why is he STILL paying PRIVATE attorneys to appear on his behalf???
Clearly, if this were the case - the DOJ needing to represent him due to his being President - wouldn’t his PERSONAL & PRIVATE attorneys been taken OFF the cases after Jan. 20th, and the DOJ stepped in then? Would they not have been involved in every case that has come to court between the 20th of January, and today if that were the case?
Why did they wait 8 months to even COMMENT, and they have NOT sent attorneys on record for the defense from the DOJ to argue ANYTHING in ANY of these trials up until this motion.
Why did Obama spend over $1 million dollars to PRIVATE attorneys to fight these court cases if the DOJ was supposed to defend him on our dime? Makes no sense at all — especially for a Democrat — to NOT take advantage of taxpayer-paid lawyers, especially if by LAW it is their DUTY to do so (as you maintain).
Clearly, to me at least, something has changed now - in the last week or so - for the DOJ to step in at this point. What has changed? Orly just submitted a purportedly verified copy of a Kenyan BC for Obama, plus an affidavit regarding how it was obtained... And now all of a sudden the DOJ is involved and files a motion to dismiss? Seems awful coincidental, does it not?
Looking forward to your answers to these questions I have posed to you, NS.
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Judge Carter — Judicial Branch Dept of Justice — Executive Branch CLEARLY, there's no tampering or "separation of power" issues going on here, right?! |
Nope.
FR's "find in forum" archive function has been "improved" to only show a couple pages of recent posts, then switch to threads posted.
If anyone happens to have a link to where Non-Sequitur said we should wait until after the inauguration to sue I'd appreciate it.
I could be wrong, but I'd still like to know for sure.
Take a deep breath and think for a minute. What you propose would settle upon the conservative and those who believe the Constitution should be followed. Do you really believe Alcee Hastings’ constituencies and Barabara Boxer’s constituencies, and John Conyers constiuencies would take such action? What good will cutting your nose off to spite your face do when there is a large constituency int he USofA who not only do not know what fascism/communism is nor do they care if it is instituted in the USofA so long as their dole continues to arrive monthly. Too many of our fellow Americans do not get it. They do not realize that when they finally kill the golden goose, their asses will be scrounging for food in the big city, and we int he burbs will shoot them if they seek to steal food from our children. These democrat constituencies do not realize the misery they are demanding be visited upon their households in the not at all distant future if they succeed in destroying the Republic. Perhaps if we started a ‘plastics you should clean and save to have your gruel dumped into when the affirmative action figure and his hench ghouls succeed’ campaign? It would do about as much good as killing off the only opposition to this fascist bastard, albeit spotty at best.
Yes, of course, the American legal system is about due process. And that's what is happening in this case. It is the job of Obama's attorneys to defend Obama, because he is the defendant in this case. Since he is the sitting POTUS, rightly or wrongly, it is the job of a U.S. Attorney to defend him. U.S. Attorneys work for the DOJ. There is nothing unusual about the DOJ weighing in on this case. That's their job.
This questioning of the DOJ's intentions is just beyond ridiculous. If you were a defendant, you would expect your attorney to do everything he/she possibly could to defend you, including attempt to have the case thrown out. That's standard procedure. It's not out of the ordinary.
And why are you posting to me? Do you seriously think I will read your diatribe?
diatribe (n)
1. archaic; a prolonged discourse
2. a bitter and abusive speech or writing
So they’re saying that if someone alleges fraud by the president and it comes out after the electoral college, nothing can be done?
As a primary obamanoid, Non-Sequitur comes on any birther thread to foment argument and see if it can fashion anger and reactions to its ‘piss on you birther fools’ messages. Ignoring the prick is the best way to deal with such an one wearing obamanoid worshipful kneepads. We have several just like that one. They represent what floats atop a stangnant pond.
Is that true, Non-Sequitur??? Are you really that devious???
Not so in the case of the one military person (I forget his name, but he was called up from the reserves I believe, I’m sure I’m probably the only person on the thread who can’t remember this brave man’s name... Apologies to him!). Anyway, the military rescinded his orders before the case came to court, therefore he had no orders, and thus no reason to proceed with the case.
That is much different than what they’re doing with this case in particular (and with Berg, and Donofrio’s cases)... AND, the Keyes/Lightfoot cases have been in the courts for a WHILE now — and the DOJ waits until last Friday to say ANYTHING about that? I don’t believe in coincidences, and this one is too big to put down to “typical behavior” on the part of the DOJ. It’s NOT typical behavior at ALL.
It will be replaced by American slang. In some instances, liberals have changed the meaning of some words to their exact opposite.
^^^^^^^^^^^^^^^^^^^^^^^^^
The word “liberal” is a perfect example of Orwellian corruption.
Jim Robinson needs to add an “Ignore” to FR so Non-Sequitur can be put on Ignore.
Thank you SO MUCH for that link! It will definitely come in handy. I’m glad you saw my post as I forgot to add you to the addressee list! LOL :) The two months I spent off the internet, and then my computer crashing has not helped me stay on top of these things!
Anyway, thanks again for the link. It’s important that people know exactly what was said about these cases.
I sometimes wonder if they’re all the same person, or if they’ve set up a system to take turns! LOL Maybe we should keep an eye on who shows up on what day of the week on these threads! :) Of course, now they’ll just switch it up a bit more if that’s true! LOL
If Obama is a fraud then the entire ticket is as well. Why would Biden become president. He should be ushered out of his office as well.
Abolutely valid. My point was that people seem to think there is something unusual about the DOJ defending the POTUS.
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