Posted on 09/14/2009 1:33:00 PM PDT by SvenMagnussen
During a hearing in U.S. District Court Monday, an attorney for an Army officer fighting deployment to Iraq questioned Barack Obama’s legal right to serve as president, asserting he was born in Kenya, not Hawaii.
Judge Clay Land, inquisitive throughout the 90-minute hearing, said he will issue a decision on Capt. Connie Rhodes’ request for a temporary restraining order by noon Wednesday.
Rhodes was represented by Orly Taitz, a California lawyer and a national figure in the “birther” movement that claims Obama does not meet the qualifications to be president.
California attorney Orly Taitz, the president of the Defend Our Freedoms Foundation, stands on the steps of the Columbus federal courthouse Friday with what she claims is a copy of a birth certificate for President Barack Obama from Mombass, British Protectorate of Kenya.
Maj. Rebecca Ausprung, with the Department of the Army, Litigation Division in Washington, told Land this case was about Rhodes, not Obama.
“There was a lack of any reference to Capt. Rhodes,” Ausprung said. “This case is about Capt. Rhodes and her deployment.”
Taitz kept going back to Obama’s birth certificate. Twice she called Obama a “usurper.”
(Excerpt) Read more at ledger-enquirer.com ...
OK, then, here's his official biography from the Federal Judical Center:
Land, Clay D.
Born 1960 in Shreveport, LA
Federal Judicial Service:
Judge, U. S. District Court, Middle District of Georgia
Nominated by George W. Bush on September 21, 2001, to a seat vacated by J. Robert Elliot; Confirmed by the Senate on December 13, 2001, and received commission on December 21, 2001.
Education:
University of Georgia, B.B.A., 1982
University of Georgia Law School, J.D., 1985
Professional Career:
Private practice, Columbus, Georgia, 1985-2001
Race or Ethnicity: White
Gender: Male
Then show us what you have that proves Judge Land was a Clinton appointee. Let's see if we can believe that after we read it.
In the Birthers' Bizarro-world version of law, the burden of proof is now on Judge Land to prove that he wasn't a Clinton appointee.
Yeah, I keep forgetting.
Thanks for the heads up. I continue to be patient.
She has only lost the temporary restraining order, the MTD is October 5. Different judge.
Exercise patience sir...have another Pilsner...
It’s not over, till it’s over....
http://www.freerepublic.com/focus/f-news/2341152/posts
Who would you suggest has standing and what court would you suggest has jurisdiction?
Great. ANOTHER judge who doesn’t believe in the Constitution and thinks judges make law.
Well you keep thinking good thoughts...
Someone who has met the legal definition of standing, that is someone who has suffered an injury in fact; an invasion of their legally protected interest that is concrete and actual, or imminent, and which is not conjectural or hypothetical. That injury in fact must have been caused by the actions of the defendant, and it has to be a matter that can be redressed by favorable decision of the court. Any federal court would have jurisdiction so long as the plaintiff is not seeking a writ of quo warrento, which requires the person to whom it is directed to show what authority he has for exercising his office. Only the United States can seek such a writ, unless the case if filed in a D.C. court.
That pretty much sums it up.
Even if he isn’t a Clinton appointee, he’s still a *DEMOCRAT* appointee. Bush could only *NOMINATE* judges for Senate *APPROVAL*. At that time there was a Dem *MAJORITY* in the Senate.
My impatience is not with the pace of her spoof of litigation, it is with the fact that she appears to have so many people mesmerized with her drivel. Folks, this is not serious litigation. This is not even a Saturday Night Live skit about litigation -- it is more like a Public Access Channel skit about litigation.
She will lose, without even getting to the merits, and I mean lose the case in Georgia, and lose the case in California, and lose any appeals she may file. And yet, when she files the next case after these losses, and she will, and walks out and makes this speech on the steps of the Federal Court House: An anomaly in the space-time continuum caused a copy of the Usurper's Kenyan Birth Certificate to enter a Bajoran Wormhole. I have filed a lawsuit asking the United States District Court to order the Usurper to drop his plasma degradation filter, and allow me to modify the harmonic distribution matrix to enable the Kenyan Birth Certificate to be retrieved, and filed with the Court, before it destabilizes the Bajoran Wormhole, and alters the space-time continuum. I know that there will 10 jillion posts along the line of Could it be true???? FINGERS CROSSED!!!!.
No, it won't be true. No, a last-five-minutes-of-the-show is not going to save us from Obama. Hard work, organization, and money may allow us to save ours selves.
I always thought that quo warranto is the best route to go and it makes sense that jurisdiction be in the DC District Court since that is the seat of government and where the federal officers and offices are located.
This would be similar to filing lawsuits against a state in the county where the capitol is located.
I noticed that too..
Oh please. It's all in good fun. I think it is hilarious. And I am not alone.
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I think it was meant as a lighthearted joke.. not an insult :)
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