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To: trumandogz

We will see...
Meanwhile...
The justice dept is running scared, this just in:


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.


96 posted on 09/07/2009 10:55:28 AM PDT by etraveler13
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To: etraveler13

The only person that should be running scared is Lucas Smith who will most likely be doing another stretch in prison for forgery,


97 posted on 09/07/2009 12:50:27 PM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: etraveler13
The fact obozo's DOJ is attempting to throw it out speaks volumes.

If this BC is a fake, why not let it play out and completely invalidate these and all "birthers". In addition. Lucas Smith is risking a LOT by submitting this document to the District Court.

I don't know where obozo was born, but his actions including DOJ are very telling.

100 posted on 09/07/2009 1:43:21 PM PDT by newfreep ("Liberalism is just Communism sold by the drink." - P.J. O'Rourke)
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To: etraveler13
"The Justice Department is urging a federal court..."

"...government lawyers did not directly rebut..."

"...federal attorneys argued..."

..."Assistant United States Attorneys Roger West and David DeJute wrote."

Anyone notice a pattern here?

It appears that our tax dollars are being spent to defend the Precedent against these lawsuits. Is it even legal for Obama to use the US Department of Justice to represent him in these cases?

109 posted on 09/07/2009 7:15:47 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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