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.
Chinslurp
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LMAO, that will be my new name for Non-sequitur. Good one!
I will look him up.
So is making a fake Certificate of Live Birth and listing the fathers race as “African”.
A Man for all Seasons was hands down one of the most boring movies I’ve ever seen and I’ve seen every academy award winner. Figures you would like it.
The DOJ has a duty to represent the U.S. government in all legal matters. The defendants, in this case, include the Secretary of State, Secretary of Defense, and Vice President.
If someone would take up the fact that that COLB is a bogus and fake document, then in fact we could prove he has broken the law.
So do something within the law and supported by evidence and the Constitution, and I’ll join in.
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Don’t stop there, let’s hear it.
As you very well know, that has already been proven and ironically by the imposter himself when he publicly announced to the world that he’s not a natural born citizen but rather a native citizen with allegiances and loyalties to the foreign governments of Great Britain and Kenya.
Except that your definition of natural-born citizen is not supported by the Constitution, federal law, or any Supreme Court decision. It is an opinion of what natural-born citizen means, and nothing else.
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Listen asshat, it’s clear to many that natural means no divided loyalties which that mud dog clearly has.
check this out:
From ObamaCrimes.com
Kenyan Consul General Served With Subpoena
BTW dad reminded me that BO’s lawyers didn’t show up in Carter’s COurt last time and the local US attorney’s tried to punt for him.....Now the DOJ is stepping in.....IS there a reason he is no longer represented by his own counsel? He has been in other cases.....Now what could trigger that?
I admire her greatly for her tenacity, but I think until a really good, well known attorney takes over on these cases, they aren’t going anywhere. The DOJ won’t let them and it will take a top notch attorney to fight the DOJ by using the MSM, the people and the courts.
The DOJ (a clearly political agency) is now telling judges what to do in their courtrooms, regarding a man that appointed the HEAD of the agency itself??? Talk about a conflict of interest!
That’s a point that I hadn’t thought about.
You are correct that the head of the Department of Justice is a political appointee of the man whose eligibility has been questioned, and on the face of it, it is troubling that same Department of Justice is moving to dismiss a lawsuit over this eligibility issue.
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OUTRAGEOUS!!!!!!!!!!!!!!!!
I agree. I am very happy that Obama’s goons created a shoddy COLB fake. Race: African - priceless.
I am not blasting Orly but she needs to run the damn spell checker and see if she can get another attorney to proof read her stuff. I appreciate her eforts.
Lacking evidence of qualification and background does not make a an excellent process for choosing an elector or Chief Executive.
In fact, lacking proof of qualifications should disqualify and potential candidate.
Local U.S. Attorney? All U.S. Attorneys work for the DOJ. A U.S. Attorney is assigned to a particular district. Do you mean the U.S. Attorneys assigned to that local district?
The DOJ has a duty to represent the government. They’re not suddently stepping into this case.
> We have no idea if Obama specifically
> instructed the DOJ to take action in this case.
There is absolutely NO ONE on Obama’s staff that does something without his permission (direct or indirectly). If he wanted to stop interference by the DOJ, he’d have Rahm pick up the phone and stop it this minute.
A shrewd politician like Obama will always have plausible deniability and use his proxies to do his bidding. And we know that Obama would throw Eric Holder under the bus in an instant if he was working against Obama.
But make no mistake about it — if Obama didn’t want this to be happening, it wouldn’t be.
Holder that thought! Don’t you see the Eric of your ways?
Keep reporting his. He has said he comes here to get a rise out of people and to bait and cause arguments. Find those posts, send them to the mods and keep reporting.
Keep reporting him. He has said he comes here to get a rise out of people and to bait and cause arguments. Find those posts, send them to the mods and keep reporting.
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