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.
I never said it was a law. What’s your point?
And if he uses the DOJ and it is found that he didn’t qualify to use them he ends up with jail time....Same thing was presented to WJC with his bimbos, and he decided to hire his own attorneys, just in case.
Then I would submit to you that if this is a case of the “president” against the people of the United States of America and it is still the duty of the Department of Justice to determine the facts in the case, and that means they should be accessing the state of Hawaii’s records in this matter.
Clearly by shunting to the side any and all cases concerning this matter the People are not being represented by their government.
Standing is a requirement for civil suits, not criminal cases.
You do realise that the executive office has it’s own lawyer for the President, Elena Kagan is his Solicitor General and is tasked with representing him.
Again....How many angels can dance on the head of a legal pin?
A competent and honest government attorney would have said:
“Mr. Obama, immediately release the documents that prove you are a natural born citzen. Stop wasting my time and the taxpayer's money!”
A generous government attorney would have given Obama the $15 to $50 needed to get it done. He might have even taken the 10 minutes to make the few phone calls needed just so he could get back to doing the important work that needs to be done for the American citizen.
Obama is **irrational**! Only someone who is completely NUTZ would let this matter get this far. An honest and straightforward occupant of the White House would have been HONORED and pleased to prompt prove he was a natural born citizen!
you are parsing your arguments
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
I call it the “Dance on the Head of a Pin Samba”!
Please read post number #426.
Obama cannot prove he is a natural born citizen. And it is looking more every day like he can’t even prove he was born in Hawaii without using fraudulent exhibits. He started out that way, posting fradulent exhibits, so why would he suddenly have a genuine exhibit to display?
And...The state run media can't provide cover for Obama forever. With the Internet and other modern means this news is out and about with or without ABCCBSMSNBC...etc.
Just like the school speech, the tea parties, and the townhalls...Americans don't like it when they are cheated.
No, the Solicitor General's primary responsibility is to represent the United States before the Supreme Court. You may be confusing her with the White House Counsel's office. That person is the principle legal advisor to the president on policy questions - conflicts of interest, ethics questions, vetoes, things like that.
Again, the president gets sued dozens, if not hundreds of times each year. I was reading not too long ago where Obama was sued by a bunch of kids in LA because their parents were deported as illegal aliens. Neither the White House Counsel or the Solicitor General has the time or staff to deal with all the nuisance suits that get filed.
Yep.
I said that standing is the legal basis by which the court determines if a plaintiff may bring an action.
Why do you Obama supporters call people who want a Kenyan to prove he is a citizen the “Birther community”?
Oh, never mind, I understand now! It is because that is how all liberal leftist and idiots in the media refer to them.
Sorry to have bothered you will all of this following the Constitution nonsense.
As are your arguement. You make claims we're supposed to accept are true merely because you make them. But regardless, none of what you mention has any bearing at all on Obama's Constitutional qualifications for the presidency, which is the issue here. They're irrelevant.
Placemark.
If Obama is found to be constitutionally ineligible to be president, then the use of U.S. Attorneys is the least of his worries. If he is impeached then he's on his own for a legal team.
Same thing was presented to WJC with his bimbos, and he decided to hire his own attorneys, just in case.
The activities that Paula Jones sued Clinton over took place before he was president, therefore he had to get his own attorneys.
It is a case of the President against one rather dim-witted California attorney. Don't give Taitz any more delusions than she's already suffering under.
And Obama signed the documentations presented by the Democrat party to the SoS of each state before he was elected. Fraud, if not accurate.
I'm sorry. Did I undermine that wonderful point you were making. Please continue with your spin and that guy Gray who you seem to always be quoting --
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