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.
This particular case has had many technical issues that have prevented the case from moving forward. Wasn’t the defense ordered to respond in 60 days? Isn’t tomorrow the 60-day point? Why wouldn’t they follow the judge’s orders by responding? Why is that unusual?
I am unable to document that Non-Sequitur was one of the people who said to wait until after the inauguration.
Right....he is an usurper and more and more people realize this. Since no one appears to take steps to look at his records courts look like our only choice.
The State’s Attorneys office defends a governor. Why wouldn’t a U.S. attorney defend a president?
I think that's actually an error in the software where the state associated with your session is somehow losing the fact that you want comments.
However that might be, it is possible to modify the URL to force comments rather than threads posted.
For instance, if you use
http://www.freerepublic.com/tag/by:nonsequitur/index?tab=comments;more=59788938
(note the bit in green) then you should always get Non-sequitur's comments from January 14th through January 26th. I find that (1) if I am already in comment mode on the front page and (2) I force comments in this manner once or twice, that I usually stay in comment mode.
(As a technical note, the ampersand "&" would actually have been the character that I would have expected as a standard separator, but I have noticed both semicolons and ampersands are both used by Free Republic's URL system, and I think either (or even both together) will work.)
I've often though the same thing, but I think it's not a good idea.
Some of these threads would be impossible to follow with the trolls removed.
I'd be happy with moving the "by Non-Sequitur" to right under to "To:" line so one wouldn't need to read all the way through a post before seeing the warning label...
I haven't seen them make those assertions before, have you? I've made those same assertions myself and so have a few others. The Constitution does refer to the President-elect failing to qualify rather than to a candidate failing to qualify. Furthermore, in the opinion in McCain's eligibility suit, the judge wrote that McCain has a right to run for office regardless of his actual eligibility to hold the office.
I've asked Leo Donofrio to give his legal opinion on the judge's statements in McCain's case. If those assertions are valid, then it would be clear to me why the SCOTUS denied cert in all of the eligibility case so far. They haven't been presented with a case concerning the eligibility of the President-Elect have they? I think all of the cases so far were filed before the election and were concerning the ineligibility of candidates. Leo's and Cort's cases were concerning the failure of the Secretaries of State to remove ineligible candidates, so even those wouldn't meet the stipulations in the Constitution regarding the President-Elect failing to qualify.
So who stands for us if not the DOJ that we pay for? White house council?
Are you counting how many angels dance on the head of a legal pin?
Fundamentally, an honest, straightforward citizen would be **HONORED** and pleased to promptly prove that he is a natural born citizen and eligible to be president.
An honest, straightforward person would **NEVER** use government attorneys ( at taxpayer expense) to prevent investigation of his natural born status. He would have been HONORED and PLEASED to nod his head to his staff, paid the $50 or so dollars, and would be **PROUD** to have all documents fully available to any citizen who wanted to see them!
Obama is behaving **irrationally**! In this day of the Internet, it will be impossible to hide Obama’s irrationality from the American people.
Of where? I think that's the premise of the case.
Recently, the government school defenders have disappeared. I even sent a personal message to one of the more prolific government school defenders. No response. I bet they are busy on other boards ( or using multiple names) defending Obama Care or other issue of the day.
I honestly believe many of the posters are paid professionals.
I grow weary of trolls.
Mind you I am in NO way conveying the impression that Non-Seq is a troll, shill for DU, an Obama supporter/stooge or anything of that matter. I want to make that perfectly clear.
I do NOT want you to get that impression. FR is very spcific about prohibiting anyone from saying that someone might be a trool, Obama goon or something like that. This was NEVER my intention to give you that impression.
Actually Non-Sequitur enjoys a good argument and is no Obamabot.
He is also wrong on this issue, but won’t let that stop him from testing your faith.
As I see it a great injustice has swept across our land, through election fraud and illegal campaign contributions to the tune of almost a billion dollars we have as our president a man whose path was brought and paid for illegally, and may not even be a natural born citizen of this country.
Our Justice department has failed to protect the people from voter intimidation tactics practised by his supporters, nor has it investigated the irregular funding that broke new records of campaign spending which included wire fraud, credit card fraud, foreign contributions in the millions.
All are viable issues not being investigated because Obama’s lackeys are now holding the reins of our government.
This one case if it goes to trial can open the door to a multitude of charges against Obama and the democrat party leadership, but only if it is heard.
In 1936 One Marine stood his ground and prevented a coup d’etat from occuring and now once again a single Marine stand between the death of our country as we know it and a Socialist America, where eventually all our voices will be crushed, even Non-Sequitur’s.
Don’t fault him for making you bring your A game into the court of ideas, fault yourselves because you cannot best his remarks.
The United States DOJ represents the United States government and not you or any other particular citizen. When the U.S. DOJ is the plaintiff in a case against an individual, they represent the government and the defendant is required to obtain legal representation. (Think Miranda - if you cannot afford an attorney, one will be provided for you.) When the POTUS is sued, the DOJ has a duty to respond by defending the POTUS. They represent the government.
I will take Biden any day of the week. Biden was atleast born in America and someone in his family probably did something once that was good for America. Maybe someone in his family served in the military. This is far for then the Kenyan marxist’s family of commie grifters can say.
What was this incident? Do you have any links. I would be very interested in learning more about this Marine.
Oabamanoid = obama annoynace droid ... and yes, Non-Sequitur has proven itself to be just that, and annoynace droid. It borders on kneepad worshipping of the affirmative action liar-in-chief, giving him cover as best the annoynace factor can do it.
Here’s another recent case with the same judge (U.S. District Judge David O. Carter) where the POTUS was sued and the DOJ filed court papers to defend the POTUS and take the position of defending federal law.
There is nothing unusual about the DOJ filing in this case.
Can’t best his remarks? Bwahahahaha ... assertions without foundational facts are not exactly sterling remarks. That you haven’t a clue in that regard is telling. When Non-Sequitur asserts that all persons born on US soil are natural born citizens eligible for the presidency, I suppose you want to believe that is settled law, but that just exposes you the more. Defend the nasty little agitprick if you will, you are taking on a distinctive color from close proximity.
Ping to #127.
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