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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

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To: Lmo56
Prior to Frothingham v. Mellon (1923), ordinary citizens always had standing to challenge alleged violations of the Constitution ...

Interesting --

581 posted on 09/08/2009 5:36:52 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Non-Sequitur; reasonisfaith
Point me to whatever law lays out how a president proves his qualifications for office, and who he provides them to.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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?

582 posted on 09/08/2009 5:41:17 AM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Non-Sequitur; reasonisfaith
Point me to whatever law lays out how a president proves his qualifications for office, and who he provides them to.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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?

583 posted on 09/08/2009 5:41:44 AM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Lmo56
My point about standing itself is that it was a rule trumped up by SCOTUS as a way to skirt the myriads of lawsuits that were being filed at the time ...

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.

584 posted on 09/08/2009 5:50:30 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: iontheball
I want to tell you something. As a former ethics attorney, I am personally going to refer those gov’t lawyers to their state bar for disciplinary action.

Thank You on behalf of all Americans and welcome to FreeRepublic. Keep us posted as to their response ---

585 posted on 09/08/2009 6:04:59 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: David

Thanks for providing the info, David.


586 posted on 09/08/2009 6:10:46 AM PDT by RebelTXRose
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To: Non-Sequitur
But the State of Hawaii did certify it to be a true copy of the original COLB.

This statement of yours is a certifiable lie and you know it.

587 posted on 09/08/2009 6:27:00 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Uncle Chip

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


588 posted on 09/08/2009 6:32:48 AM PDT by GoreNoMore
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To: wintertime; Non-Sequitur
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?

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.

589 posted on 09/08/2009 6:44:56 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Uncle Chip

Placemark.


590 posted on 09/08/2009 9:07:10 AM PDT by little jeremiah
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Da 44 minute hearing in the Judges chambers today at 8:00 am should be over. Anyone hear any outcome?


591 posted on 09/08/2009 9:12:21 AM PDT by deport
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To: deport

bump


592 posted on 09/08/2009 9:35:56 AM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: deport
Da 44 minute hearing in the Judges chambers today at 8:00 am should be over. Anyone hear any outcome?

Check with Fox News. Taitz said they would be there in the court room.

593 posted on 09/08/2009 9:53:16 AM PDT by Non-Sequitur
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To: Non-Sequitur

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.


594 posted on 09/08/2009 10:01:27 AM PDT by deport
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To: Non-Sequitur

est of all it isn’t Florida
____________________
Your jealousy is showing


595 posted on 09/08/2009 10:19:07 AM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: mojitojoe
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.

596 posted on 09/08/2009 10:31:44 AM PDT by Non-Sequitur
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To: iontheball
As a former ethics attorney, I am personally going to refer those gov’t lawyers to their state bar for disciplinary action.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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.”

597 posted on 09/08/2009 11:25:32 AM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Uncle Chip
Yep. Dr. Fukino referred to "vital records", which could mean virtually anything.

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.

598 posted on 09/08/2009 11:36:39 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Non-Sequitur

some of the most breathtakingly beautiful scenery in America in the Flint Hills
__________________
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.


599 posted on 09/08/2009 12:05:51 PM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: wintertime; iontheball
From DOJ Motion to Dismiss:

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!!!

600 posted on 09/08/2009 12:20:06 PM PDT by Seizethecarp
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