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.
Is America all about DUE PROCESS?
0bama’s D0J is running scared.
Why is the DOJ weighing in on this so called “non issue”?
..... and .....
because the dozens of plaintiffs can't show they are directly injured by Obama's presence in office.
DOJ sounds fishy to me.....
Tally ho! This is significant! When before has the DOJ been involved in any altercation concerning the BC? If nothing else, this makes the SRM even more derelict if they won’t report.
probably because it has merit
“the dozens of plaintiffs can’t show they are directly injured by Obama’s presence in office.”
Really? I doubt that that’s true.
In any case, Is everyone in the DOJ involved in a giant coverup? It makes no sense. There’s a law governing qualifications for president but no way to enforce that law?
Because the plaintiff lacks the standing to sue. Same reason why all the other cases have been tossed.
Because since they're suing the president, the U.S. Attorney handles the defense.
I see my old friend “logical fallacy” is back to support the Kenyan.
“”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.”
In other words, “You didn’t get us to court before he was sworn in, too late! Obama won.”
I think as time wears on, this is not going to be seen as a ‘conspiracy theory’ that Obama wants it made out to be.
Also, this somewhat explains why the Congress is not wanting anything to do with this. They KNOW they should have vetted him before casting the electoral votes and they didn’t.
He’s ingested far too much Obama juice to be taken seriously.
Also, any update on the last sentence?
("..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.")
Kind of like all the stuff Taitz and the Birther community crank out.
The DOJ should not be involved. Obama should have private attorneys fighting this. Orly needs to get someone to proof read her filings.
Why are **government** lawyers involved. Please note that plural. LawyerSSSS! Why should the American taxpayer being paying for Obama’s defense?
Just release the $15 birth certificate!
Wow! This steams me.
Apparently so.....
.....When the USSC had the opportunity to look into the issue, they punted.
I guess it's been the trojan horse in the Constitution, rules with no enforcement mechanism.
In the words of Algore, "No controlling authority" means its a rule you don't have to follow. The RATS are the party of legalisms, loopholes, backdoor judicial legislation, and un-confirmed executive branch czars. Rules don't matter to them.
If the President is merely inept, incompetent and/or stupid, that's a matter for the ballot box to correct.
But if the President isn't Constitutionally eligible and may broken various laws in a quest for that office, that is a matter for the legal system.
The intent of the founders that the President be a natural born citizen with no divided loyalty to America and to some other foreign power(s) is very clear.
ping!
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