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.
Because they look like idiots when the media bothers to report the story.
I have a question... is it possible for the DoJ to force the case to the dropped?
What I mean is that does the DoJ have supreme powers over all lower lying courts?
Exactly my opinion, Frantzie. Orly may be given some leeway seeing as English is not her native language, but given that she has a law degree one would think she would realize the importance of making her filings “spotless”, so to speak. As you said, the placement of a comma - or as in one filing switching between He and She when talking about her own client - she is running the risk of losing her cases over idiotic technicalities, IMHO. There has to be SOMEONE she trusts that can look over her filings before she submits them to the court!
I hate Politico for their EXTREMELY biased “reporting”, but one thing I did learn in this article is that some of her plaintiffs are attempting to bring in another lawyer? Does anyone know more information about this development?
Failing to do that is sloppy and lazy.
Chinslurp, I’m so surprised to see you on this thread. Cheering on taxpayer dollars going to protect Obama from those silly birthers.
Yep, heard that a lot and we all argued that if we waited until he was sworn in, he would use his power to prevent the truth from coming out.
I think we have a big fat “I told you so”.
| The cycle of a new idea: Ignore it. Ridicule it. Fight it. If Judge Carter proceeds, I'm sure the "useful idiots" on the Left will start slinging the insults — which, might I add, NO LONGER WORK TO SILENCE OPPOSITION: Racist AND courtesy of the former Green Jobs Czar: |
You boneheads just don't get it, do you? You think it's all about supporting Obama? Well I know of a great many people on this forum who speak out against all these suits and who point out just why Tatitz failed - again - in her latest inept attempt; and who point out all the errors and fallacies in your arguments. And not a single one of them is an Obama supporter. I'm not; I didn't vote for the man and I think he's a disaster as a president. But there is a terrific quote from a movie, "A Man For All Seasons" that can pretty much sum up my feelings, and I believe the feelings of all those other's you dismiss as Obots just because they laugh at your moronic attempts.
There is a scene where Sir Thomas is arguing with his son-in-law. Roper asks, "So, now you give the Devil the benefit of law!" More replies, "Yes! What would you do? Cut a great road through the law to get after the Devil?" to which Roper says, "Yes, I'd cut down every law in England to do that!" And Scofield's reply is what this is all about: "Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!"
This isn't about Obama or support for him, it's support for the law. And an unwillingness to trample and twist and pervert the law and the Constitution just to get one man, because if you do that to get him then someday someone somewhere may do it to get you.
I don't know why Obama won't release his birth certificate. I suspect it's all political, but there really isn't anything I can do to make him because there isn't a law requiring it. I'm not willing to ignore or rewrite the long-established procedures governing legal standing just so Taitz can make an ass of herself in open court, because the law is written for the very reason that it should be hard to sue someone. You should have suffered real injuries and you should have solid evidence on hand before you start, otherwise any one of us can be sued for no reason at all. I'm not willing to ignore the law or twist it just for this one president, because sure as God made green apples the Democrats would do the same to the next Republican elected.
So do something within the law and supported by evidence and the Constitution, and I'll join in. Attempt to ignore any of that and I'll sit it out. That doesn't make me an Obot, just someone with a whole lot more respect for the law than you...and, for what it's worth, probably Obama himself.
Out of the mouth of Zero's very own, hand-picked commie racist advisor....
"Van Jones "understood that he was going to get in the way" of President Barack Obama's agenda, White House spokesman Robert Gibbs said Sunday."
Funny how nobody but the "little people" picked up on Jones' words and meaning, eh? We need to get our half of the country up to speed on Zero's ""agenda"". And fast.
Shhh ... don't break Non-Seq's concentration ... he/she's working on rebuttal. LOL
CS, the only one wiping their ass with the Constitution is your boy Obama.
BTTT.
Except that your definition of natural-born citizen is not supported by the Constitution, federal law, or any Supreme Court decision. It is an opinion of what natural-born citizen means, and nothing else.
Rubbish indeed.
Somebody has to be available that she trust who can read over her filings at least once. She can run spell check on any word processing program.
My guess is she is stubborn, as many Russians are or people from that region. They know it all, they are smarter than everyone else (which is probably true) and want to run the whole show. This case is far too important and the plaintiff's need to get someone to help her.
They will not steal her credit or fame. She did it - her determination, etc. She may go down in history as the person who saved the Republic but this is far too important to risk sloppy typos. It takes a minute to run spell check and grammar check.
The law largely sucks but many people posting here do not realize how important it is that your written filings are flawless. This is how cases are lost or thrown out. The judiciary is totally corrupt but you have to proofread what you submit to a court. Low on money, not fluent in English, rushed on times etc etc does not cut it. Leo Donofrio did his filing for SCOTUS in a few hours with no sleep and after not practicing law for a few years. Orly needs some help and needs to at least run spell check on her word processor.
You’ve got that right.
The DOJ is referencing Federalist Papers, No. 68 in their Motion to Dismiss:
http://www.constitution.org/fed/federa68.htm
They also cite House Bill H.R. 10(j) (12), which I cannot locate in Thomas or on the web, and which is mysteriously missing from this excerpt of the numerical listing:
House Bills
1 . American Recovery and Reinvestment Act of 2009 (Enrolled as Agreed to or Passed by Both House and Senate) [H.R.1.ENR]
2 . Children’s Health Insurance Program Reauthorization Act of 2009 (Enrolled as Agreed to or Passed by Both House and Senate) [H.R.2.ENR]
3 . To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and... (Referred to Senate Committee after being Received from House) [H.R.11.RFS]
4 . Paycheck Fairness Act (Introduced in House) [H.R.12.IH]
5 . TEACH for Our Future Act of 2009 (Introduced in House) [H.R.13.IH]
6 . FOARAM Act (Introduced in House) [H.R.14.IH]
7 . National Health Insurance Act (Introduced in House) [H.R.15.IH]
http://thomas.loc.gov/cgi-bin/query/L?c111:./list/c111h.lst:1
I am thinking of two pieces of written material which could be effective in 'getting our fellow Americans up to speed': a list of the czars Barry has appointed and a short bio of their commie/fascist pasts, and a short essay exposing the Apoll Alliance and their fashioning the Stimulus Bill and Cap&Tax Bill. Harry Reid thanked them for their hard work fashioning those monster bills, so we ought to bring that to the peoples' attention don'tchaknow!
I'm having a problem finding Harry's comments when he thanked Apollo Alliance at the passage of the cap&tax and stimulus bills, however. It would be nice to have that quote with setting rpecisely cited and a video if it still exists.
How many times have we heard BO screech "I AM THE PRESIDENT"? It's still not loud enough, it never will be, we all know he's a fraud.
This is done under direction of Criminal Obama as CEO.
As he's not lawfully President this is how many counts of theft from one private citizen by another private citizen?
Commander in Thief.
That's a point that I hadn't thought about.
You are correct that the head of the Department of Justice is a political appointee of the man whose eligibility has been questioned, and on the face of it, it is troubling that same Department of Justice is moving to dismiss a lawsuit over this eligibility issue.
I don't see why the Kenyan Clown's own personal lawyers are inadequate to the task, and the political tones from the DOJ's involvement are unsettling.
If Obama is misusing the Department of Justice to do his own personal work on the eligibility issue, that could be a serious misuse of the office that he occupies.
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