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.
All I can do is stipulate to your argument and yes, it is a personal agenda, as all civil suits are.
Litigious litigants aside, there is value in discovery of truth or finding someone factually involved, criminally or civilly.
On the side of OJ, he was found not guilty for a criminally murdering, his wife, Nicole Simpson. Even the jury can have a collective intent to find in opposition of facts, to suit their personal agenda.
However, in regards to the civil suit, he was found complicit, as the venue and level of proof of finding is were much amenable to fulfill and intended result.
How does it feel to be the ass on FR that everyone detests? The film was boring. The acting was mediocre and it certainly isn’t a film that most people would ever buy and watch again. Of course basement dwellers like you, that live in Kansas with nothing else to do except watch for tornadoes and stare at flat land, I guess you have lots of time on your hands.
If the court acceeds to this motion from the DOJ, it will ultimately lead to the establishment of an underground movement dedicated to the overthrow of Obama and all
leftists who would traduce our nation from public office, or via office of appointment in the executive branch. The judge would be extremely ill advized to throw it out now.
Try to keep up. If I post to you, it is response to your post. Go back and read what you said.
The conflict of interest here is so thick you couldn’t break through it with a jackhammer. Eric Holder is guilty of malfeasance in office from back in the clinton days. He just keeps racking up his total. I hope to Dear GOD that when this administration is brought to justice, the trials for treason and high treason go on for years until every one of them is brought low for what they have done to this country.
Totally different circumstances.
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.
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Who else is held to the standard of *natural born*. Name me one other than the President. It’s obvious to most the President was held to a higher standard so that he or she had no divided loyalties. Obongo does and that was the reason.
This judge has already stated he will hear the case on its merits and not allow technical mistakes to interfere with justice. if he is true to his word, this case moves.
If he is intimidated by the executive branch and throws the case, we are in for a sory, sorry time in this country because the law will not protect us evermore.
I fear this.
Now that’s very interesting!!! hmmmmmm
Why?
Holder was hired to watch Obama's backside and to help implement his socialistic policies. Enforcing US laws and justice does not have to intersect with either of the two.
Orly Taitz has a filed a civil suit alleging damages. She has included as defendants in the case the Secretary of State, Secretary of Defense, and Vice President. The DOJ has a duty to defend the U.S. government in all legal matters.
Clinton was investigated by the DOJ. How could the DOJ be prosecutor and defense attorney?
I suspect that Obama is unqualified for the office, as anyone with an ounce of sense would.
We are asking that the constitution be followed, nothing more or less.
And in that , every citizen has standing to ask it be followed, regardless of what the courts say. The reason is that each one of us has an enfranchised vote for the selection of a candidate for the office of president of the USA.
We each have a right to know whether the person on a presidential ticket is qualified or not.In this case, Obama was not de facto vetted by our elected representatives in Congress.And in that they should be held accountable.Obama was certified by Congress without doing the necessary enquiry, because they knew he wouldn't pass.Pelosi is in violation of her oath of office and should be censored.
This is not over by a long shot, whether the court proceeds or not.
NS is used to it. I think he even likes it.
Umm. No.
Clinton and his defense team challenged Jones’s right to bring a civil lawsuit against a sitting president for an incident that occurred prior to the defendant’s becoming president.
A lower court ruled the suit could go forward. The DOJ had nothing to do with it.
From ObamaCrimes.com Kenyan Consul General Served With Subpoena
Thanks for the info. :-)
You refered to the perjury charges and his impeachment. The DOJ (Ken Starr, Independent Counsel) investigated Clinton’s actions in the Jones lawsuit and brought charges against him. The House voted to impeach. The Senate acquitted him. How could the DOJ be both prosecutor and defense attorney?
Again, the DOJ investigated Clinton’s actions in the Jones lawsuit and charged him. Since the government charged him, he needed private attorneys. It would be the same with Obama. If the government charged Obama with a crime, he would need private attorneys.
The circumcstances between the Taitz civil suit against members of the executive branch and Jones civil suit against Clinton are totally different.
Only after he perjured himself did the DOJ step in against him....It's apples to oranges.
The question in the current cases is: are the defendants defending their own actions or the actions of their office. If the burden lies with their own actions and not as one of the listed duties of their office, then they must provide their own attorney......If they use the DOJ improperly they face consequences of abuse of power.
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