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DOJ to judge: dump birthers' suit
Politico ^ | 09/07/2009 | Josh Gerstein

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.


TOPICS: Conspiracy
KEYWORDS: bhodoj; bhofascism; birthcertificate; birther; birthers; certifigate; doj; judgedavidcarter; kenya; lawsuit; liberalfascism; naturalborncitizen; obama; obamatruthfile; uksubject
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To: rolling_stone; Author2

Ask author2. Usually reliable.


301 posted on 09/07/2009 2:23:59 PM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: Free America52

WTF is the DOj doing inserting itself into this?

What happened to all of Barry’s personal attorneys.

This is all about intimidation of the judge.


302 posted on 09/07/2009 2:27:32 PM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: rolling_stone
lol....then why hasn't the question been decided by the Supreme Court before but instead sidestepped..you are real funny

It has.

303 posted on 09/07/2009 2:28:10 PM PDT by Non-Sequitur
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To: Uncle Chip
And you know that how????

Based on what he's provided to date.

304 posted on 09/07/2009 2:29:07 PM PDT by Non-Sequitur
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To: Non-Sequitur
Kind of like all the stuff Taitz and the Birther community crank out.

Why don't you hold your breath for -- about an hour and a half. You're the biggest dick in the forum. I bet you'd jump at the chance to fellate Obama -- twice!
305 posted on 09/07/2009 2:30:02 PM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: BuckeyeTexan

“Legal standing requires that the damages/injury be unique to the plaintiff.”
If that’s the case, how do we get class action law suits?


306 posted on 09/07/2009 2:32:01 PM PDT by antisocial (Texas SCV - Deo Vindice)
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To: Frantzie

Re: Orly needs to get someone to proof read her filings.

Dr. Taitz is operating in her second language. How many languages are you fluent in? How many professional degrees do you hold?

Be careful when you criticize.


307 posted on 09/07/2009 2:32:46 PM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: Non-Sequitur
And you know that how???? Based on what he's provided to date.

And just what has he provided to date that could be construed as "evidence" acceptable in a court of law???

308 posted on 09/07/2009 2:34:33 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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Comment #309 Removed by Moderator

To: hoosiermama
First you say ...

It's affirmative only if the duties of their office are in question, not if their own actions are in question. If their personal actions are in question, they must pay their own way.

To which I respond that their personal actions have no bearing on the matter because they have no personal obligation to act. If they have an obligation to act, it would only be as an officer of the executive branch. I'm not even sure they have that obligation, but that's another discussion.

Then you say ...

have they fulfilled the obligations and duties of their offices. Are they negligent, partisan or incompetent?

So which is it? Their personal actions are in question? Or their actions as an officer of the executive branch are in question?

310 posted on 09/07/2009 2:40:03 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: null and void
Well, for one, the US Treasury Dept. had no trouble whatsoever declaring that the bazillions of dollars worth of US Treasury instruments intercepted while being smuggled from Switzerland to Italy earlier this year were bogus.

Well if someone told me that they had a $1,000,000 bill with Bill Clinton's face on it then I wouldn't have a problem declaring it fake, either. But is someone said they had a $20 with Jackson's picture on it that they thought was fake then one would have to see the actual bill to determine that. The Treasury has not issued physical treasury bonds for almost 30 years, it's all done electronically. It only offers savings bonds, and none of those are in the $100 million range. In fact, it has never issued any bonds of any kind in the denominations that were seized. Under those circumstances it wasn't hard to deduce fraud without seeing the bonds themselves. Hawaii, however, does issue Certificates of Live Birth. It does issue them in paper format. And they resemble the look and format that Obama offered. Given that, I'd say seeing the actual document would be required to prove fraud. But then again, that doesn't fit your plans does it?

311 posted on 09/07/2009 2:40:14 PM PDT by Non-Sequitur
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To: antisocial

I don’t know. Look it up.


312 posted on 09/07/2009 2:41:49 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: wintertime

I see you’re used to the onesie-twosie trolls. What I’ve seen in the last 2 years are tag-team trolls. First on the Tootyfruityrudy threads, then on the Certifigate threads. I noticed it on the Terry Schiavo threads before that but I didn’t engage at that time.

Regular trolls like the education trolls are fun, as you say. But tag-team trolls are allow openings for obamabots and others; they’re an incredible annoyance.

There are a lot of single-issue trolls as well. There were tons of them on the Crevo threads, and those threads were some of the most heated discussion on FR. But eventually, JimRob started noticing that one particular side didn’t really actively engage on other conservative issues and he started to key up on them in the same way they’d been treating their FR counterparts. They didn’t last long, and started Darwin Central, which has about 1/20th as many participants as FR.

Since this has been an interesting discussion, I’m going to repost it at the Trolling 101 thread.

COINTELPRO Techniques for dilution, misdirection and control of a internet forum. (Trolling 101)
http://www.freerepublic.com/focus/f-news/2165967/posts


313 posted on 09/07/2009 2:42:17 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
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To: mojitojoe
How does it feel to be the ass on FR that everyone detests?

Coming from you it's a point of pride. I could think of nothing that interest me less than your approval on anything.

The acting was mediocre and it certainly isn’t a film that most people would ever buy and watch again.

Considering the source I'd say that would be enough to put "Man For All Seasons" on anyone's top 10 list.

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.

You live in Florida and you talk about OUR flat lands? Still I guess Florida is great when viewed through mojito-goggles.

314 posted on 09/07/2009 2:45:04 PM PDT by Non-Sequitur
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To: mojitojoe
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.

Then where is that defined?

315 posted on 09/07/2009 2:46:26 PM PDT by Non-Sequitur
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To: Non-Sequitur; Uncle Chip
Are you really that devious???

Hell no. Non-Sequitur is simply on the payroll.

This is his job. It's what he does. He is an agent provocateur in the pay of Obama.

Just look at his comments "In Forum." This jerk ONLY engages in threads that attack his fantasy-man -- the Obamamessiah.

He is here only to spin.

316 posted on 09/07/2009 2:47:00 PM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: Free America52

When is Beck going after Holder? Sounds like he might need to try that very soon if the DOJ is interfering with current court cases?


317 posted on 09/07/2009 2:47:31 PM PDT by chris_bdba
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To: Citizen Soldier
Gee, I wonder if a beer summit would resolver it?

Maybe if you get Obama drunk enough for him to let his guard down and start talking too much.....

318 posted on 09/07/2009 2:47:55 PM PDT by SteamShovel (When hope trumps reality, there is no hope at all.)
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To: Uncle Sham
The fourteenth amendment did not erase the "natural born" citizen requirement, nor did it attempt to redefine it. In fact, it's still in there. Why must you lie to make your point? It automatically shows your position to be worthless and dishonest.

In order to 'redefine' something it has to be defined in the first place. Where in the Constitution is natural-born citizen defined?

319 posted on 09/07/2009 2:48:23 PM PDT by Non-Sequitur
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To: Non-Sequitur
And they resemble the look and format that Obama offered.

Yeah. There is some resemblance to known good documents.

You remind me of an old boss who when confronted with "bad" information would close his good eye, squint at it with his glass eye, and declare "I don't see it!"

True story.

320 posted on 09/07/2009 2:48:32 PM PDT by null and void (We are now in day 229 of our national holiday from reality. - 0bama really isn't one of US.)
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