DOJ to judge: dump birthers' suit

Politico ^ | 09/07/2009 | Josh Gerstein

[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.

[BuckeyeTexan]

Class action lawsuits are also subject to the requirements of standing, but the standards are somewhat different.

[El Gato]

And they resemble the look and format that Obama offered. Given that, I'd say seeing the actual document would be required to prove fraud.

Generally speaking it would, but if the file number is duplicative of another file number, then they could say that one is a fake. Since there's not much information on a Certification, there's not much that can be used to invalidate the certification document.

Then again the "seal" could be incorrect for the alleged date of the production of the CoLB, as could the format of the "template" used to print it.

But since their is no hospital or doctor's name for instance as there would be if it was a Certificate of Live Birth. So one can't check out the doctor's and hospital registrar's names to see if they practiced/worked at that hospital at that time. Even the name of the hospital itself, especially if has since changed names, could also be used to invalidate the certificate without having it in hand.

[BuckeyeTexan]

The DOJ does have the obligation to act for those executive branch officers, SecState, SecDef, VP & President of the Senate, who were named in their official capacities.

I've already outlined what the responsibilities of the DOJ are in this case. They represent not only the U.S. government but also the interests of the government. The U.S. government has a direct and specific interest in this case because if Obama is discovered to be ineligible, then we have no sitting POTUS and a whole bunch of other issues too numerous to list. That's a pretty significant interest, don't you think? So, yes, the DOJ has an obligation in this case.

[El Gato]

Just show the dang long form Birth Certificate! You know, the one with baby foot prints, Doctors Names and signitures and hospital or location of birth.

Long form birth certificates, in Hawaii for certain, and AFAIK, all states, do not have the foot prints. That's a "Courtesy" certificate from the hospital, it not the official state birth certificate. But the official long form one, again at least in 1961 Hawaii, had all those other things you mention.

Here's one, for Susan Nordyke, the older of a pair of twins, born about 19 hours after the posted COLB says Obama was, and in the same hospital he most recently is alleged to have been born in.

Interestingly, the File Number on the posted CoLB is 3 higher than the younger Nordyke twin's number. Yet theirs were filed 3 days *after* his CoLB says his was filed.

[etraveler13]

I specifed the wording in the Constitution as well,
hopefully I answered your question.

[El Gato]

Here's what Justice Gray had to say about 'our' 14th Amendment:

It's all very nice, but he merely restated what the 14th amendment itself says. However I don't seem to see the words "natural born" in either what Judge Gray, whoever he might be and in whatever context/case he wrote that, or in the 14th amendment itself.

[El Gato]

The activities that Paula Jones sued Clinton over took place before he was president, therefore he had to get his own attorneys.

So, what is at issue in this case that took place *after* noon EST 20 January 2009?

[null and void]

You do know it’s polite to ping someone when you are talking about them, don’t you?

[Frantzie]

Judge Carter also supposedly spoke to fellow Marines in Afghanistan who are not happy of the Kenyan faux CIC’s rules of engagement (ROE) where our AMERICAN Marines are hamstrung on how they can fire back.

Carter was wounded at the brutal Khe Sanh battle in Vietnam and probably remembers the chicksh*t Marines had to endure in Nam during LBJ when that punk McNamara rushed the M-16 into production before it was reliable.

Our soldiers and citizens are relying on you Judge to uphold the law and Constitution.

[null and void]

Did you just admit that you are a paid troll?

[null and void]

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.

I am also very pleased to be at least 1000 miles away from you.

[El Gato]

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?

So far, the former. Almost every foreign policy action taken by the Obama team has given aid and comfort to enemies of the United States, such as Chavez and Achmadinajad, to name only two.

[Frantzie]

I wish Jim Rob/FR could put an “ignore” button on the web site to ignore alleged trolls.

Please note that in NO way am I suggesting that Non-Sequior is a troll, shill, dupe,stooge, Obama goon, crony, union fraud, or other paid agent. I NEVER said, suggested or implied that he was. I want to make that cleat.

[Non-Sequitur]

I am also very pleased to be at least 1000 miles away from you

Whaddya know. Something we can agree on.

[null and void]

I want to make that cleat.

Thanks, you were perfectly cleat...

[null and void]

I knew there had to be something...

[Frantzie]

LOL! Sorry having computer problems tonight. Trolls must have gotten into my computer.

[null and void]

There are days I wouldn’t mind cleating a troll m’self...

[El Gato]

The Solicitor General is in no way characterized as the President's own lawyer.

That would be the White House Counsel. Currently Greg Craig , with a staff of "Deputy Counsels and Special Counsel, Associate Counsels, Deputy Associate Counsels, Research Director, and Staff Assistants and Administrative Assistants".

President Barack Obama said, "The White House Counsel’s office is tasked with making sure that we are operating under the highest standard of ethics and transparency for the American people. "

Sounds like they should putting the long form birth certificate on the White House website.

ROFLMAO!

BTW, one of those Deputy Assistant Counsels is one Rashad Hussain, 2003 Soros fellow, who says in his biography that says in his biography that he "finds his heritage central to his identity as a Muslim American and his career goals, especially in light of events in recent history," namely 9/11.

[El Gato]

Actually Barry Dunham-Soetoro should be sued as a private citizen...

He is being sued that way. While the other defendents are listed with their "titles", BO and MO are not so listed.