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.
[[ But the State of Hawaii did certify it to be a true copy of the original COLB.
474 posted on Monday, September 07, 2009 10:08:30 PM by Non-Sequitur ]]
And oddly, nearly everyone just read right past that obvious lie.
Obama seems to be so foreign to the way Americans think and act that I am finding it harder all the time to believe that he has spent the time in The USA that he has been reported to have spent here. I really wonder if his past hasn't been "photoshopped" to make it appear that he spent a good part of his youth here and if he has he certainly has been insulated from picking up American ways.
Awwww.....
But look WHERE he spent his time in the USA. With communists, terrorists, black muslims, black nationalists, Pakistanis, and criminals. Not exactly the All American boy. (No racism intended.)
His life is a tale fabricated to suit his fancy and politics. He is as real as any shapeshifter can be...which is to say, not even.
I don’t believe he was born in the USA and there are people controlling him who full well know it. The truth can’t hide forever, posters who disagree notwithstanding.
Except that Smedley Butler retired as a Major General but NOT as CMC. That he should have been, instead of John Lejeune, is another issue. He wasn’t, though he WAS CG in San Diego in the mid-late ‘20s. I knew a Marine who served under him there, during the Mail Strikes.
If you don’t want a bunch of us P.O.’d Marines to come after you (and we will), you WILL get it right: Major General Smedley D. BUTLER. (D for Darlington) You WILL show the correct respect to one of our LEGENDARY heroes. If you do not you will be punished. In fact, you should be punished anyway, so I will sit here for ten minutes thinking bad thoughts about you.
(MajGen Butler is a MONUMENTAL hero to most Marines! Along with GySgt Dan Daly who retired as a Sergeant Major, he won two Medals of Honor for two separate actions in his life. They were the ONLY two ever to do so. One time, someone was given both an Army and a Navy MoH for something but it was the same action and the rules were changed after that.)
So drop the spell checker already or send her a direct email or YOU volunteer to do it. EVERY POST you’ve made on this thread harps on that damned spell checker. LET IT GO. PLEASE!
I think your analogy is wrong for at least two reasons.
1. Butler refused to go along with a coup against Roosevelt. So as much as many here see Roosevelt as a socialist, it might be said that Butler saved socialism in America. The coup plotters could have predicted that Butler was not their man by his writings, speech in support of the Bonus Army, etc.
2. Obama obviously models himself on Roosevelt. If he is FDR, then those muttering about removing him from office early (Freepers among them) are more analogous to the coup plotters rather than Butler.
Add to that, he is a mental case, a drug abuser, and quite possibly bisexual, or at least he had been hit on by a pedophile. One of Frank Marshall Davis’ reasons for going to Hawaii in the first place was his choice of light, brownskinned young boys.
All of his perigrinations and logic are ignoring the facts of the case which point to Obama's wholly censored history.America elected an image, not Barak Obama. The more we know about the truth of Obama, the more we see not only is he not qualified to hold the office, he is unfit for the office in many other respects, moving to use his executive authority to consolidate power in his own hands rather than govern the nation. This in itself is proof that he is disloyal to America, and does not observe the spirit and intent of the Constutution. In itself this is proof that Article II needs to be invoked, and Obama put to the test.
This is the very thing that Article II was designed, and intended to prevent.And by the Grace of God, the People will have their day in court, or they will revolt.
We have a president who acts distinctly unAmerican, and in fact is not a natural born citizen, or he would not be conducting himself in the way he has.Obama's loyalty rests outside of the United States, with our enemies of state.
One look at Obama's bow and kissing of the hand of the King of Saudi Arabia is a case in point.No president of the United States does that if he is truly a natural born citizen of the United States.
So this Troll says that these are not facts of which the court should take judicial notice?Hardly.Obama is in deep Shite.So deep that his millions, his lawyers, nor the DOJ can prevent Obama's ouster or resignation, or aternatively the eventual revolt of our nation.
I would much rather see this resolved in court, but like 60 million of our compatriots, I am prepared to answer the call to liberty , should it come as a matter of necessity.
NS will cower in his hole, mumbling platitutes about Stare Decisis should the worst happen.
Justice Carter is aprised of all of this, and he will proceed with this case, or alternatively by not proceeding with it, he will give birth to a resistance movement which will dethrone this usurper even if the nation must be torn apart to do so.
Thanks also from me, NS, on behalf of lurkers trying to make sense of all this.
It's a dirty job, but someone has to do it. ;-)
Lovely area, rolling hills, four distinct seasons, good food, good people, some of the most breathtakingly beautiful scenery in America in the Flint Hills, an outstanding school system, universities nationally recognized for academics rather than football, barbecue, beef, fresh vegetables, short flight to any point in the continental U.S., and best of all it isn't Florida. All that works for me.
Then by all means don't.
He may, but not by refusing to play along with the Birther community. I don't see him losing any political capitol at all on this to date. His hits are coming in other policy areas.
In particular those on FreeRepublic. It will be disappointing if we never learn of their fate and whether they will be accountable somehow.
Oh don't worry about us, we'll be fine. But what accountability are you looking for, banishment? Would you have us all kicked off FR?
I had to provide proof of citizenship; if memory serves I brought in my passport rather than birth ceritificate. But the law requires that. Point me to whatever law lays out how a president proves his qualifications for office, and who he provides them to.
Then by all means prove that and you've got Obama right where you want him.
Go sue Barry Dunham-Soetoro and let us know how that works for you.
Well that's you opinion. But the law is the law, and I expect Judge Carter to decide in accordance with the law. Regardless of whether it fits your somewhat eccentric definition of the law or not.
The Marine in each case was for lack of a better term the pivot on which our history will turn, so my analogy still stands.
Obama is to FDR what Castro was to JFK. Dialectic opposites
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