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.
Oh I didn’t take you seriously and understood your post. I was just having some fun of irony.
Though, it couldn’t hurt Orly to press F7 from time to time but, I do applaud her and others like her.
Really? Well, doesn’t that just blow.
I’ve thought of NS as a troll for at least 5 years now. He’s been spinning for a long time over countless issues.
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A competent attorney for the government would say:
“Mr. Obama, **immediately** release all documentation related to you natural born status. Stop wasting our time and the taxpayers money! “
Not taking action to stop the DOJ is different from ordering the DOJ to take a single, specific action. As you said, the former provides plausible deniability for Obama. The latter is an abuse of power if it can be proved that he made such instruction in an effort to subvert the law.
Can’t best his remarks? Bwahahahaha
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I got a good laugh out of that one too.
And it's clear to others that we operate on the Constitution and the rule of law, not theories pulled from that part of your anatomy where you head usually resides. Now, point out the clause in the Constitution, the federal law, or the Supreme Court decision which clearly states that natural-born citizen is defined how you say it is and we can all go home. Until then, it's still your opinion fueled by God knows what.
That’s ridiculous. Would you think it reasonable if your attorney asked you to release information that incriminated you? The defense has a responsibility to defend. Otherwise, the defendant can have a case dismissed because his defense failed to act competently.
Make no mistake, I believe that a U.S. Attorney should file suit against Obama as being ineligible to hold the office of POTUS. In this case though, the U.S. Attorney has a duty to defend.
Hear what?
The president is the only one where the term natural born is used. Obviously it is different from the others, a higher standard. I think it is to make sure the President has no divided loyalties, and he shouldn’t have any. Obongo clearly does.
LOL LOL LOL!
You are correct. I believe the same.
True. And how's that going for you? What expert worth their salt will certify a document as forged without actually examining the document itself? All people around here have gone from is an electronic copy. Nobody to my knowledge has actually seen or held the physical document.
Gee, I wonder if a beer summit would resolver it?
It would seem that Keyes has standing in that he ran against zer0 in IL for the Senate seat and if zer0 was not a citizen of the U.S. he should not have been allowed to run there.
Yeah so since NBC isn't defined, how can Obama be one? Use the liberal theory of anyone born that survived abortion? By the way IMO Obama should be the poster child for Pro-Choice, his mama made some bad choices and we are paying the price.
What is up with including LucyT in your post? She didn’t post to you before you decided to lump her in with other posters.
How is one to take an unsolicited post in your discussion with two other posters, who you openly call “boneheads”.
Your quote from Roper seems appropriate but at odds with the rest of Birthers, watchers, whatever.
Aren’t you arguing that we are doing or are willing to do anything, even outside the bounds of the law?
Why would argue something that no one has proposed? We intend on using the “exact law” to exact the result we are looking for. By whatever means that is, within the bounds of the law.
But including someone who has not posted to you because you feel like it is just plain rude. LucyT has not posted to you on this thread and you inclusion of her as your staff of proxy dissenters is uncalled for.
And it figures that you would consider it the most boring of movies. It required thinking and an understanding of history and appreciation for fine acting. I would wager that those three requirements are missing from your usual movie fare. Sorry to be the one to tell you this but "Girls Gone Wild" will never win the best movie awards, in any of it's iterations. I know how disappointing you must find that.
Of course you would and always do brown nose.
What Justice Department tampering do you perceive? Just curious.
Probably because he cannot recall when the DOJ has asked a judge to toss a case out, that has become public knowledge, instead of arguing the merits of the case.
I don’t want anyone to use the law for an intended result. I want the law, as it exists, to be upheld. If there is a question of first impression, as I believe there is regarding Obama’s eligibility, then I want the SCOTUS to rule on the matter and resolve the question.
If we use the law for an intened result, then the law can be used against us for an intended result. Then we’re all at risk of losing our protection under the law. That would be bad.
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