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.
Here you go. Link
Go figure Obama is surrounded by liars and clowns and his supporters are indeed liars and clowns as well.
Again, look in the mirror.
According to the Constitution Treason is perhaps the hardest crime to prove, which is why we have seen so many treasonous acts committed by liberals over the past few decades.
They know that they can get away with it, simply because the courts won’t try political treason like Kerry’s as compared to “real” treason like Walker’s.
Which comes first: the qualifications or the office???? Hmmmm??? Nice try though.
OK, your mother and your wife. (Assuming that you have a mother, and that she isn't your wife)...
If you can establish that you have a Constitutional right to be governed by a POTUS who meets the Constitutional requirements to hold his office, then you might have a case.
Waiting for presentation in the Court of Law....not on the internet.
Seems fairly straightforward to me. You need an enemy to adhere to, giving aid and comfort. Or you need to wage war against the United States. So which is it with Obama?
Mother's been dead 16 years, I don't have a brother, and my wife doesn't have a sister.
Obama has provided what he claims is proof of his natural born citizenship. Neither the Constitution or the law requires him, or any other presidential candidate, to do more.
Do you believe that Obama was born in 2007? Because that's when the document you speak of was created, to me since that document has never been officially recognised by the State of Hawaii as something they officially issued Candidate Barack Obama, it does not meet the burden of proof.
I checked the dictionary not a Internet link. Here is a tip for you, everything you read on the Internet isn’t true, and liberal leftist idiots making up words and using them doesn’t make them real words.
Also, why are you fixated on my mirror? My reflection, unlike yours is of an honest American conservative. I shudder to imagine what it is like for you to look in the mirror and see Obama gazing back.
OK. Give us a ping when that happens.
As a former Marine who has taken the oath to defend the U.S. Constitution, you better get ready for the other Marine tomorrow who is going to show you what fidelity to the Constitution is all about. Can’t wait for this Iwo Jima flag raising. Your reign is up.
C) Wage war against the United States.
As a comrade of William Ayers as well as a host of other Black separatists and Communists, Obama is indeed out to destroy this country from within.
That's when the certified copy was created and certified. That's not when Obama was born.
...to me since that document has never been officially recognised by the State of Hawaii as something they officially issued Candidate Barack Obama, it does not meet the burden of proof.
But the State of Hawaii did certify it to be a true copy of the original COLB.
It's amazing how that hasn't sunk into a lot of the birther community.
The way YOU interpret it makes the law an ASS.
Stare Decisis fan are you? Buahahahahah!
Good luck with that.
Hmmmmmmmmmmmmmmmmmmm
All that and no offer to show the long form BC to refute the claims by Orly et al...
There you go again using silly, idiot driven made up words that have no meaning. It is very difficult to have a meaningful discussion when one party is using child-speak.
You do realize that there are free programs at the library that can possibly help you mend this shortcoming.
Then why is Taitz suing Hillary Clinton (listed as Secretary of State), Robert Gates (listed as Secretary of Defense), and Joseph Biden (listed as Vice President and President of the Senate)?
What action or inaction did any of them take as private citizens that could result in damages to military plaintiffs and presidential candidate plaintiffs. They had no obligation as private citizens to take any action regarding Obama's eligibility.
They're listed in this case as officers of the executive branch. As such, they're entitled to DOJ attorneys.
Masybe not this case..
But Bill Clinton had the DOJ interfer with the TN case against Harold ford’s uncle for mail fraud and vooter fraud ...
The case was in a Memphis court house...
Yes that whole mess...
Strange goings on...
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