DOJ to judge: dump birthers' suit

Politico ^ | 09/07/2009 | Josh Gerstein

[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.

[Non-Sequitur]

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.

The Berg and Donofrio cases were filed before Obama was inaugurated. Taitz filed the Keyes case after the inauguration. If you look back at the history of this particular case, at the July hearing Obama was represented by David DeJute from the U.S. Attorney's office. So the Justice Department has been involved from the very beginning.

[LibertyRocks]

I just noticed that this morning — I kid you not! I was like, hey... No-one is talking about education right now — except for his upcoming speech. The speeches make it look like he’s actually “doing something”! LOL

You could be right about them being paid. I know that the left accuses the right of what it actually does, and lately they’ve been accusing the regular Americans showing up as “Protestor Lobbyists” for the drug companies...

[Lmo56]

Can these actions be brought to the court as “class-action” type lawsuits? I’d bet a lot of citizens would sign on, IMHO.

***

Dunno ...

I found writ quo warranto in English Common Law - and never knew it existed.

I then checked to see if it is applicable to United States Law - apparently it is.

The Supreme Court is ostensibly a judicial body, but in day-to-day reality, it is also a political body.

If enough people rise up and demand this via writ quo warranto, I do not see how the Supreme Court can ignore it.

In English Common Law (and, apparently, the United States) ANYONE can bring this action in the name of enforcing what English Common Law calls a public right.

Basically, he who would hold the seat has to produce papers that prove he is eligible to be seated.

Obama would not only have to produce his original long form birth certificate, but he would also have to prove that he is a natural born citizen.

Kind of hard for him to do since the term has never been defined by SCOTUS. That is why they would have to get involved.

[Non-Sequitur]

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?

The 60 day point would actually be the 10th I believe. But in any case the defense has responded; they moved to have the case dismissed.

[OrioleFan]

Which makes Congress (which was more concerned about McCains eligibility than Obamas) a big part of the problem. They didn’t do their duty to “support and defend the Constitution of the United States.”

[usmcobra]

Here let me prove to you at least that I am even more arrogant then you could ever imagine in your wildest dreams.

I was a Troll.

I know how to fight as a troll.

I know how to cause you to meltdown.

I know how to crank your brain until you become psychotic.

I know how to win from either side of the issue, all I have to do is make you lose your temper.

It’s what Trolls do.

Most of these foul mouthed punk kids that want to be trolls can’t even come close to the mind games I am capable of.

I can make you eat your own words a thousand different ways.

I am a master of sardonic rapport.

Personally your attempts at running people from this board you think are trolls have been borderline meltdowns and I’ve watched them and shook my head in embarrassment waiting for the Shepard hook reach out and pull you from the stage.

You don’t know how stupid you make others that feel this issue is important look everytime you go off on someone you claim is an oBot.

[Lmo56]

The 60 day point would actually be the 10th I believe. But in any case the defense has responded; they moved to have the case dismissed.

***

I am not so sure about that ...

Isn’t the suit against Barack Obama, aka Barry Soreto ???

If so, the DOJ cannot be representing him - it would have to be a private attorney.

However, the DOJ would not be precluded from filing an amicu brief before the court.

[hoosiermama]

It is my understanding that the DOJ is the attorney to defend and protect the government not to be used for the president's personal use (We went through this with WJC). For the president to use the department for his personal use is an abuse of power and can eventually be an impeachable offense.

[Vendome]

What are you talking about? We post to each other all the time and are on each others ping lists.

I don't believe I ever called you a name. That I can think of.

Do you have me confused with someone else?

[Red Steel]

0bama’s D0J is running scared.

Yup.

[Political Junkie Too]

"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."

This should be a lesson to everyone.

Even with the Norm Coleman fiasco in Minnesota, the courts deferred hearing certain aspects of counting absentee ballots during the recount portion, saying Coleman could make his arguments during an contest phase, and then in the contest phase they said he should have done more during the recount phasee.

-PJ

[BuckeyeTexan]

I believe the defendants are:

Barack Hussein Obama; Michelle L.R. Obama; Hillary Rodham Clinton, Secretary of State; Robert M. Gates, Secretary of Defense; Joseph R. Biden, Vice President and President of the Senate

Since officers of the executive branch are listed as defendants, the DOJ is obligated to represent the government.

[Vendome]

Oh puhleeze. The are branches of the same tree. /s

[Vendome]

Sorry, forgot to add:

What does the Department of Justice have to do with a civil case?

That is way outside their purview, for now.

[null and void]

Thanks. It was painful but I found a few nuggets...

Back here

You said:

I have do idea how long it would take. If, for example, a legitimate birth certificate from a foreign country was produced then I don't think it would take much time at all. Obama's presidency ends immediately, and I would expect the courts would order that...

Now you're saying The DOJ has the responsibility to keep that from happening.

Which is it?

How about here?:

"Lawsuit over McCain citizenship should be tossed, GOP lawyers say
Tue Sep 2 07:24:21 2008 · 45 of 90
Non-Sequitur to VigilantAmerican

Kevmo’s right—if ANY given citizen can’t be said to suffer damage by having an ineligible POTUS, then who the hell WOULD be said to have standing?

He's not president."

I read this to mean that you believed that no one could possibly have standing until he's president.

I suspect (judging from some of the posts I've seen on this thread) I'm not the only one...

[XenaLee]

I’ll keep looking.

Btw, does anyone else see the irony in a group called “Colorofchange” calling for a boycott of someone they claim is a racist? Only a rabid leftist could be so blind.

http://www.huffingtonpost.com/james-rucker/eleven-more-companies-dit_b_275756.html?page=7&show_comment_id=30204728#comment_30204728

[GOPJ]

This isn't about Obama or support for him, it's support for the law. And an unwillingness to trample and twist and pervert the law and the Constitution just to get one man, because if you do that to get him then someday someone somewhere may do it to get you.

I don't know why Obama won't release his birth certificate. I suspect it's all political, but there really isn't anything I can do to make him because there isn't a law requiring it.

A law for future Presidents might be in order. But you're right - the rule of law - respect for the law - safeguards us all.

[Red Steel]

What has spelling have to do with it?

When the opposition is reduced to crying about spelling to the judge like this Politico article, you know you have them by the balls.

Waaaaaaaaaaah! She has misspelled words your honor so please throw out the case! sniff sniff....

[LucyT]

You’ve got mail.

[Vendome]

DOJ is the Executive Branch

The courts are the Judicial Branch.

Or maybe they are intertwined.