Posted on 02/19/2010 3:45:38 PM PST by rxsid
"Plaintiff is seeking a Preliminary Injunction to recuse the US attorney's office from representing the defendant.Complete MOTION, here: http://www.scribd.com/doc/27132803/MOTION-for-Preliminary-Injunction
Plaintiff is seeking the Preliminary injunction-Injunctive relief to obtain the vital records of the defendant prior to the February 26 deadline for document and response submission of the response by the Plaintiff to the CA Bar.
...
Memorandum of point and authoritiesThe only relevant authority in this case, is the unanimous decision rendered by the Supreme Court of the United States and provided by the opinion written by two justices: John Paul Stevens and opinion by Steven Breyer. "Sitting president of the United States has no immunity from civil law litigation against him from acts done before office and not related to the office."
...
Preliminary injunctive relief sought
...
Plantiff is seeking an order by this honorable court directing the defendant to release by February 26,2010 his original birth certificate, which was allegedy obtained based on the defendant's birth in Kapiolani hospital in Hawaii on 08.04.61."..." directing the defendant to release by February 26 his school enrolment records and financial aid application records from Occidental college, Columbia University, Harvard university and Punahoa high school
"..."directing the defendant to release by February 26 any and all passpor applications"
...
(Excerpt) Read more at scribd.com ...
LoL.
I am no fan of Obama, but I am a lawyer with 30+ years experience litigating in federal courts, and I can tell a cxase that's going nowhere when I see one. This case will go no further than any of the previous 62 eligibility suits.
Yeah. From the MOTION it say's "Case 1:10-cv-00151-RCL"
LOL. Now that right there is funny!
This specific case? Not good at all, IMO.
1. Right now, I would just be satisfied with Obama coming out and announcing to all the world the name of his 1961 birth doctor so that the good doctor and his family can rightfully enjoy all the public glory and public rewards that a doctor who delivered a president of the united States should receive.
2. But surprisingly, dear old Obama has been conspicuously silent when it comes to publicly giving us his 1961 birth doctor's name.
3. Why is dear old Obama denying his 1961 birth doctor and his family all the public praise and rewards that a doctor who delivered the sitting President of the United States should be entitled to?
4. For instance, the doctor and his family could appear all over the television on such shows as Larry King, Hannity, O'Reilly, and Beck.
5. The good doctor could write a best-selling book about his experiences as a doctor at Kapiolani Hospital, the hospital where Obama says that he was born.
6. The good doctor could have a TV-movie made of his life, and he and his family could become rich and famous from books and movies.
7. The good doctor's family could have members who are important or not so important people today, people who could use the financial rewards and publicity that would come to them when Obama publicly announced the name of his 1961 Hawaii birth doctor.
8. But poor Obama, he is so silent about the name of his birth doctor.
9. So, again, why is the President of the United States behaving in such a terrible way and setting such a poor example to the people of the United States?
10. Could this be the reason: There is NO doctor name or hospital name on Obama's 1961 long form birth certificate?
11. Yes, that is the reason, in my opinion.
In your opinion, is this not getting anywhere because of the political aspects of this or the merits of the case?
What do attorney's need to do to get this heard and how should they go about it?
I'm asking because you have experience in this, I'd like to hear your opinion.
Good question! That's the $2,000,000 dollar question...or however much he's spent (time and money) fighting the release of that information.
I see your question, and raise another:
HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?
When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdoms dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.s children.http://fightthesmears.com/articles/5/birthcertificate.html
It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born).
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!
http://www.jeffersonsrebels.blogspot.com
Furthermore: Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate based on the word of 1 relative. That is how a foreign born baby could get a HI BC on record, which in turn generates the "birth announcements" in the newspapers.
I believe in the wisdom that accompanies such experience. Why, in your experience, is this a non-starter? I’m anything BUT a lawyer, so I’m truly curious.
Sort of.
A quo warranto case can be filed by the U.S. Attorney for D.C., or by the Attorney General. Anyone else must ask the Court's permission to file a quo warranto. Orly filed a Petition for Leave to File a Quo Warranto, which was assigned a docket number. That Petition hasn't been ruled on yet, but Orly is filing motions as if this were an ongoing case, which it isn't yet. I predict the motions will be denied (as, eventually, will the Petition for Leave to File itself).
He is not a NBC even if he was born in Hawaii.
I would be interesting though to see him release the original and find that it is different from the one that they admitted to posting on the Internet, FRAUD.
For separation of powers reasons, courts are not going to get involved in a challenge to the qualifications of a sitting President. Congress can impeach him, but the courts will stay out of it.
What do attorney's need to do to get this heard and how should they go about it?
Every state has procedures on the books for challenging a candidate's right to be on the ballot. Those challenges have to be brought before the election and, in most states, can only be brought by an opposing candidate (not just any member of the public). If Obama runs for re-election in 2012, another candidate on the ballot can bring a challenge to Obama's candidacy. (I don't think they will prevail, but the case will be heard on the merits.)
Why not file one that will go somewhere? Talk is cheap. At least some people are trying and that is more than most on Fr.
Maybe the mods have a standing order to e-mail the troll collective? LOL.
They sure seem to be on some kind of alert system.
Maybe they have little lighbulbs up theie a$$es.The Holder/Emanual pass key pay check.
Then why is there a provision for Quo Warranto?
That assumes a crime of criminal fraud has not been committed.Interesting assumption. We have probable cause to believe otherwise.Simply free the long form.What is there to hide? A crime?
;-/
I am speaking as a lawyer here, so don't start calling me an Obot. People pay my firm lots of money for my opinion of what the courts will do; nobody cares about my opinion of what the courts should do.
Having said all that, I think that (assuming Obama was born in Hawaii) the NBC issue is a non-starter.
Obama made no secret of the fact that his father was a Kenyan. Despite that fact being widely known, no one challenged his right to run-- not one of his primary opponents, not McCain or Palin in the general election, not one member of the electoral college, not one member of Congress when the electoral votes were counted, not Vice President Cheney when he certified the electoral vote, not Chief Justice Roberts when he swore him in. During the whole primary and general election campaign, not one judge or law professor wrote a law review article or even an op-ed piece suggesting that Obama wasn't eligible-- not even conservative legal scholars like Ken Starr or Robert Bork.
Given those facts, I think there is zero chance that any court would find that Obama isn't a NBC (again, assuming he was born in Hawaii).
Oh, that's great! Good to know...
;-/
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.