or that they were on white paper?
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.
You know, I'd almost like to see this suit thrown out just so conservatives could cite this one single line as precedent to stop the social agenda coming out of the courthouses across the country.
You wrote... Criminal Obama is not POTUS. He’s a private citizen unlawfully holding the office of POTUS. (The office has been vacant since January 20th).
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I agree except for the private citizen part, I think he’s an illegal alien, the most recent and confirmed citizenship information available for him is Indonesia. But either way, he’s definitely a usurper and therefore a criminal as well as a terrorist.
But it still pertains to his duties as president. And as such, the Justice Department provides the defense.
Suppose an individual were to be an Impostor, posing as Pres. BO, having knocked off the Original. If someone discovered that and sought to have the court remove the Impostor from office, would you expect DOJ to defend him? This is no different, IMO.
Until the impostor is proven to be the impostor then he/she is presumed to be president.
That's kind of a ridiculous analogy.
The audacity to say that no one has standing is the equivalent of saying “I hate America.” But you already knew that. ALL Americans have standing. It’s still We The People, right?
No, ALL Americans do not. Not in civil court.
The only way you Obama worshipers can justify anything is by pretending the Constitution doesn’t exist and by perpetually raising your middle finger at the American people.
Actually it's the other way around.
They have no standing (except posibly as "friend of the court")
Because it isn’t a not-issue, it is the 800 pound gorilla in the room that no one wants to talk about. Obama the Kenyan’s whole manufacdured, false, lying past is in the process of being brought kicking and screaming into the light of day. NO ONE SPENDS OVER ONE MILLION, FOUR HUNDRED THOUSAND DOLLARS IN LEGAL FEES IN ORDER TO KEEP A LAWFULLY NOTERIZED $15 COPY OF A LONG FORM BIRTH CERTIFICATE FROM BEING SEEN BY THE AMERICAN PEOPLE UNLESS THERE IS SOMETHING VERY DAMNING IN THE DOCUMENT!
As I heard a law professor once say. “Everyone is entitled to due process. The question is what process is due.”
You wrote... Until the impostor is proven to be the impostor then he/she is presumed to be president.
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As you very well know, that has already been proven and ironically by the imposter himself when he publicly announced to the world that he’s not a natural born citizen but rather a native citizen with allegiances and loyalties to the foreign governments of Great Britain and Kenya.
Rubbish. Neither Obama, Osama or Chavez are natural born citizens of the US. Therefore the analogy is spot-on. Your CDS is showing again, big time.
You have made my point.
An honest, upright, straightforward person would have been **HONORED** and pleased to promptly prove that they were natural born and eligible to be president under the Constitution to be president. At no point would tax-funded attorneys ever be involved.
Cost for all documentation: About $50 and a nod of the head to his staffers, and by Wednesday morning all paperwork would fully available to **anyone** who wished to see it.
Why on earth would any president be using **government attorneys** ( at taxpayer expense) to prevent discovery of whether or not he is natural born? And upright, honest, and straightforward person would never have let it get this far. Unbelievable!
No matter how this turns out, obama is damaged.
“Why does the DOJ want to drop the lawsuit before it gets to court? Hmmm . . . .”
The DOJ wants to drop the lawsuit before it gets to court because they are hell bent on destroying America and turing it into Amerika, the land of the Czars and the left.
In case you haven’t noticed, no emphasis is being placed upon spelling, grammar, etc. in our schools. Students are graduating from college when they cannot spell or write properly. I doubt Judge Carter will let this sway his opinion as it becoming quite common in our fast paced society to cut corners with our language. At the rate we are going with this, the English language will be extinct in ten years. It will be replaced by American slang. In some instances, liberals have changed the meaning of some words to their exact opposite.
There’s no getting around the fact that this action by DoJ demonstrates they take it seriously.
This fact refutes the central argument of the anti-birthers (that it’s not a serious issue).
As you can see, your general position on this issue is slipping in a downward direction.
Actually because this suit was brought before Obama was sworn in, The Department of Justice should be the instrument investigating Obama’s eligibility, and demanding full access to his records.
Sadly they are not doing the work of the People of the United States or America, whose legal duty is theirs to protect against someone that has no right to hold the office.
If you want to know why I and tens of thousands like me are birthers, look at this carp coming out of DOJ and the courts. The question has been dodged not once but many, many times now. Never has the issue been addressed on the facts of the case and we all know that looking at a $10 certified long form document would be the end of it. When there is that much smoke being generated, you would be nuts not to suspect fire at the heart of it.
Your last statement there illustrates the fact that this whole birth certificate issue is turning out to be a great example of what happens when common sense clashes with its opposite.
The opposite of common sense can be labeled politithink, bureaucracythink, political correctthink or some other similar name. You know what it is when you see it.
The fatal error of this mindset is that it presumes man to be omnipotent creator. And when particular men try to use the language of man in creating their own reality (like Obama has done with his BC), the whole thing eventually comes tumbling down.
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Mr. Obama CONTINUES to abuse his power by influencing the DOJ to undertake this action!
IOW, a court finding that Obama fails to meet the Article II, Section 1 qualifications tees up a 25th Amendment solution. It might be messy, but it should prevail.
Lord help us, it is President Biden.
We did try to raise the issue before the election, and before the electoral college vote.
No one had “standing”.
We’re standing up now.
We even had people right here on FR who blandly assured us that the time to file suit was after he was sworn in, because up to that point, no crime had been committed.
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