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.
Interesting --
That you are making the above argument says a great deal about **you**, Non-Sequitur.
If the Constitution had been written to the exactness that you demand, Non-Sequitur, for every word and phrase in it, it would be the size of the IRS code.
Our Founding Fathers understood that this experiment in self-rule would only succeed if our nation was composed of a moral people with the good will and honest cooperation to make this experiment work.
We could have a Constitution the size of the IRS, and if evil people choose to subvert it, they can and will. Precisely crafted laws and mountains of legal code will not corral evil!
Personally, for me the scales fell from my eyes during the Florida recount in 2000. It was a this point I realized that the communist infiltrated Democratic Party would do anything to win. They were not moral, honest, cooperative, people of good will. It was at this point that I could never again have a person who belonged to the Democratic ( communist) Party for a friend. They were either too evil and/or too stupid.
An honest, cooperative, moral person would be HONORED to promptly prove that he was a natural born citizen and qualified to be president. So?... what does that say about the people defending Obama?
That you are making the above argument says a great deal about **you**, Non-Sequitur.
If the Constitution had been written to the exactness that you demand, Non-Sequitur, for every word and phrase in it, it would be the size of the IRS code.
Our Founding Fathers understood that this experiment in self-rule would only succeed if our nation was composed of a moral people with the good will and honest cooperation to make this experiment work.
We could have a Constitution the size of the IRS, and if evil people choose to subvert it, they can and will. Precisely crafted laws and mountains of legal code will not corral evil!
Personally, for me the scales fell from my eyes during the Florida recount in 2000. It was a this point I realized that the communist infiltrated Democratic Party would do anything to win. They were not moral, honest, cooperative, people of good will. It was at this point that I could never again have a person who belonged to the Democratic ( communist) Party for a friend. They were either too evil and/or too stupid.
An honest, cooperative, moral person would be HONORED to promptly prove that he was a natural born citizen and qualified to be president. So?... what does that say about the people defending Obama?
So then SCOTUS in 1923 violated its own Precedents and the Precedents of American Jurisprudence that served the people of the U.S. well from 1789 to 1923 in order to establish its own self-serving Precedent that now only serves itself.
Thank You on behalf of all Americans and welcome to FreeRepublic. Keep us posted as to their response ---
Thanks for providing the info, David.
This statement of yours is a certifiable lie and you know it.
Running SCARED
I copied the link, this link and sent it out in an e-mail blast. This kind of information should be printed and laid on all breakroom tables and lunch areas.
Thanks
As one of our forefathers said: This Constitutionis made for a religious and a moral people, it is wholely unsuited for a people of any other kind.
Religious and moral people keep their word and their oaths and their contracts without being compelled by a court of law or any other outside means to do so.
Barack Obama and those who defend and applaud his actions to evade and violate the clear words of the Constitution have self-defined themselves.
Placemark.
bump
Check with Fox News. Taitz said they would be there in the court room.
After looking back at the Orly info on another thread, I think the 44 minutes I was referring to is in error. I think that was the in chambers hearing in which todays court hearing was set. So in fact it may not be over yet.
est of all it isn’t Florida
____________________
Your jealousy is showing
You keep telling yourself that. As far as I'm concerned the very best thing about Florida is that you're in it and I'm not. And that means there are at least a thousand miles between us.
Thank you, thank you, thank you! Please keep us informed. I am very interested in following the issue.
I am not attorney but it seems to me that a competent government attorney would have said, “Mr. Obama promptly provide all documentation regarding your natural born status. Stop wasting my time and the taxpayer's money!”
A competent government attorney would have said, “Mr. Obama, if you are not a natural born citizen, you need to find the best private criminal attorney possible, because you are facing prison time.”
There were loopholes in the law that would allow someone born outside of Hawaii to receive a Certification of Live Birth from the State. We still need to see a certified copy of the actual long form.
some of the most breathtakingly beautiful scenery in America in the Flint Hills
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Um ok. I’ve been through there many times, we will have to agree to disagree about the most breathtakingly beautiful scenery in America, but whatever floats your boat.
4 seasons is a plus? Everything brown and dead in the winter, sloppy, muddy, snow. I’ll pass and take year round summer. Must be a reason people head to FL for vacation. Who head to Kansas for a dream vacation? Fresh vegetables? Do most of them come from Homestead, FLORIDA?
You can have your Beef, beef is so yawnnnnnnnn. I’ll take fish and lobster, it’s much healthier.
Short flight to any point in the US? Maine is not a short flight from Kansas so your use of the word anyplace falls flat on it’s face. We can be in the Bahamas in 30 minutes. I would bet the farm that you have never been in salt water and that you’re as *skeered* of sharks as you are of the thought of a military coup.
TABLE OF CONTENTS
III. ARGUMENT
1. This Court Lacks Subject Matter Jurisdiction Of
This Action
A. Plaintiffs Lack Standing Herein
1. No Plaintiff Can Show The Required
Concrete, Traceable Injury-in-Fact
To Provide Standing Herein
With respect to Alan Keyes, and Gail Lightfoot, it is alleged that they “appeared on the California ballot as candidates for President or Vice President in the 2008 National Presidential elections . . .”
None of the Plaintiffs alleged to have “unique political
standing” has suffered anything remotely resembling the required “injury-in-fact,” traceable to Defendants’ conduct, to vest them with standing in this case.
Plaintiffs do not make clear the precise nature of their “unique political” injury, but to the extent that they are alleging that President Obama’s actions interfered with their prospects for successful election, such an injury is not a result of the actions of the Defendants. The FAC 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. Accordingly, the “unique[ly] political” Plaintiffs cannot establish standing on this basis.
My Seizethecarp analysis:
I am not an attorney, but I had to research legal ethics to file a complaint with the TX bar against my ex-wife’s attorney (went nowhere, of course).
The above argument by the DOJ in claiming that Keyes in particular lacks standing strikes me as being beyond “zealous advocacy” and crossing over into “intentionally misleading the tribunal”, which can be sanctioned by the judge and the bar.
DOJ seems to me to be flat out lying when they say “…to the extent that they are alleging that President Obama’s actions interfered with their prospects for successful election, such an injury is not a result of the actions of the Defendants.”
If plaintiffs can show that Obama knew or should have known that he was not an NBC at birth as a result of his stipulated dual citizenship at birth, or that he was born in Kenya, or that he dropped his US citizenship to obtain either a Kenyan or Indonesian passport and failed to re-nationalize, Keyes, at the very least would be injured by Obamas actions of knowingly being on the ballot while being ineligible to be president.
Most damning is when DOJ says “The FAC 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.” This seems to be an outright admission of Keyes’ standing, but it is couched in an attempt to claim that somehow Keyes’ standing doesn’t exist because Keyes wasn’t on the ballot in enough states!!!
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