DOJ to judge: dump birthers' suit

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.

"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."

I'll go you one better. Tony West, Barack Obama's pick as the Asst. Attorney General, Civil Division (the #3 man at DOJ) was the lead counsel for John Walker Lindh, "the American Taliban". In the future, when terrorists sue for damages because of their incarceration - as is already been done in a number of cases, including one Padilla v Yoo - it will be a former terrorist's defense counsel who's now in charge of the American defense team tasked with fighting the case on behalf of the US Government. No conflict of interest there, eh?

4 Marines were killed today in Afghanistan because of Obama’s Rules of Engagement where air strikes cannot be called in most cases. Troops cannot fire back in some cases.

Just like what Clinton got us deeper into in Somalia i.e the Congressional Black Caucus saying NO to the Army’s request for M1s and Bradleys BEFORE Blackhawk Down.

I said the white hut is filled with Hamas and Muslim Brotherhood moles who may be leaking intel back to the Taliban and Al Qeada. I think this is probably true.

"Ya think that a peek at a long form would be a requirement to be President of the United States...wouldnt ya ???"

It IS a Constitutional requirement. Read section three of the twentieth amendment.

"3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”

Only "qualifications" to be found in the Constitution that are not health related are those of eligibility in article two. Only way to PROVE natural born citizenship status and 35 of age is with a legitimate long form birth certificate. "Failure to qualify" means you can't be President because Congress is required by this section of the twentieth amendment to verify that the President elect is "qualified" or it must name an interim President. If Congress did it's job, then Obama is legit. If not, (likely case), then he is usurping. Basically, they are all breaking their oath of office in Article six to support the Constitution. You can't support a law by refusing to enforce it.

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