Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

On the ‘Birthers’ Lawsuits and Separation of Powers
Wall Street Journal Law Blog ^ | October 30, 2009, 3:13 PM ET | Ashby Jones

Posted on 11/01/2009 9:41:05 AM PST by Seizethecarp

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061 next last
I find it interesting that a top WSJ legal blogger (WSJ is a Murdock pub) has elevated for discussion in this highly visible blog several key findings by Judge Carter.

Judge Carter's statement that quo warranto could be brought against Obama in the DC Circuit is not mentioned.

The many comments to this piece are interesting, too.

1 posted on 11/01/2009 9:41:08 AM PST by Seizethecarp
[ Post Reply | Private Reply | View Replies]

To: Seizethecarp

I am not a birther, but I find this angle interesting.

Liberals continually file lawsuits -— give them a taste of their own medicine.


2 posted on 11/01/2009 9:44:29 AM PST by Loud Mime (The time to water the tree of liberty approaches......)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seizethecarp

Here is an interesting summation of the case from “Jack” in the comments, and a comment that appears to be from Orly herself:

4:30 pm October 30, 2009
Jack wrote:
.JUDGE CARTER IN A NUTSHELL: Expanded Orly Taitz default judgment case against CANDIDATE Obama for fraud into a Presidential Removal case against PRESIDENT Obama (promising a trial), but then ruled the Court lacks said Presidential Removal authority, not only dismissing the Judge-expanded Presidential Removal case (reneging on the trial), but throwing out Orly’s Candidate fraud case as well — all this on a red herring that Orly’s case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09 and despite the Orly-alleged fraud was committed by Candidate Obama prior to becoming President and for which there is no Presidential immunity in any case. Thus Judge Carter set up and knocked down his own straw man, and misstated fact and law to bury Orly’s actual case. Pretty nifty!!!
..
5:34 pm October 30, 2009
Dr Orly Taitz ESq wrote:
.Dear Mr. Jones
I am aware that you are not a fan of mine, but there are a number of Constitutional issues that I raised in this action, that were omitted in the opinion or misinterpreted. I hope you will show journalistic integrity more so then Bill O’Reilly and Rachel Maddow and would give me an opportunity to present those issues to the readers of WSJ. You can reach me at 949-683-5411
Sincerely
Orly Taitz
.


3 posted on 11/01/2009 9:50:18 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seizethecarp

The Law Suit needs to be Refocused! The Court should be requested to Find if in Fact OBOZO HUSSEIN BIN LADIN legitimately satisfies the Constitution’s Requirement that The Candidate and hence The PRESIDENT is a “NATURAL BORN U.S. CITIZEN?” If the Said Individual is NOT Eligible, then So Be IT! and Let the Powers to Be Remedy The Situation... That would appear to be CONGRESS which is entrusted with the Powers to IMPEACH and Remove a Sitting PRESIDENT, Legitimate, Alleged or Otherwise!


4 posted on 11/01/2009 9:52:35 AM PST by True Republican Patriot (May GOD Continue to BLESS Our Great President George W. Bush!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seizethecarp

A comment appears to be from Orly’s plaintiff Barnett:

7:28 pm October 30, 2009
P. Barnett wrote:
.I looked for many attorneys to represent us pro bono in Barnett v. Obama… Taitz is one of only a handful of attorneys in the country that puts love of the Constitution and our country above love of money.

So screw off all of you lazy liberal scum bag attorneys that only care about themselves.

AND THERE IS TONS OF FRAUD PROOF ON OBAMA (look at the docket through the PACER system), BUT THE DOJ IS RUN BY ERIC HOLDER - OBAMA’S LACKY. FOR ANYONE WHO KNOWS ANYTHING ABOUT COURT CASES, THEY WOULD KNOW THAT CARTER DID NOT CONSIDER ANY OF THE FRAUD EVIDENCE BECAUSE HE DISMISSED the case for OTHER ISSUES.

Carter’s argument for dismissal is not keeping with the job of the judiciary branch of our form of government. The judiciary is required to hear cases brought to them on the merits according to Marshall.

Evidence Obama has produced to prove he is a natural born citizen - a fraudulent Hawaii COLB - see the PACER docket.

Signed, Disabled Veteran CPT Pamela Barnett


5 posted on 11/01/2009 9:55:20 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 3 | View Replies]

To: Seizethecarp; Loud Mime
rest assured, we’ll be all over it if and when one gains significant traction.

And why is that?

Because you want to know as much as anyone else what his authentic BC says?

Because you anticpate the constitutional crisis that may occur if it is found that he is not qualified to hold office?

Because you are interested in seeing what discovery is produced and exposed for public consumption?

Because you want to see if the threats of violence are real if the cowards ever back off from their stonewalling and allow the authentic BC to be examined in the public light?
6 posted on 11/01/2009 10:02:02 AM PST by Canedawg (FUBO)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seizethecarp
all this on a red herring that Orly’s case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09

Is this poster referring to the after-the-fact ceremony that used the correct language? If so, was it intentional??
< reaching for the tin foil to cover my skull from the mind reading rays...>

7 posted on 11/01/2009 10:04:36 AM PST by kidd (Obama: The triumph of hope over evidence)
[ Post Reply | Private Reply | To 3 | View Replies]

To: LucyT

Lucy, a Sunday afternoon ping.

This article is fascinating as it looks at it from another angle...and...(surprisingly) on the Wall Street Journal blog.


8 posted on 11/01/2009 10:08:20 AM PST by PennsylvaniaMom (Mmm, mmm, mmm.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PennsylvaniaMom

BTTT


9 posted on 11/01/2009 10:10:47 AM PST by Jet Jaguar (A mob of one.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Seizethecarp
>"Evidence Obama has produced to prove he is a natural born citizen - a fraudulent Hawaii COLB - see the PACER docket."

Well, there's that, and all the twitter evidence. LOL!

10 posted on 11/01/2009 10:23:57 AM PST by rawcatslyentist (Ifanationexpects tobe ignorantandfree,inastateofcivilization,itexpects whatneverwas andnever will be)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Seizethecarp

placemarker


11 posted on 11/01/2009 10:29:20 AM PST by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Seizethecarp

I’m reading the comments from the article you posted and it is no longer a question whether Obama has people on the payroll to troll the eligibility issue all over the web. They are scared sh!tless.


12 posted on 11/01/2009 10:38:08 AM PST by Electric Graffiti (Yonder stands your orphan with his gun)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seizethecarp
Lawsuits Are Not The Answer, This New State Law IS
13 posted on 11/01/2009 11:36:52 AM PST by Uncle Sham
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seizethecarp

By the time even a little truth comes out, it’s gonna make Clinton’s impeachment look like small potatoes.


14 posted on 11/01/2009 11:47:06 AM PST by Freddd (CNN is not credible.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kidd

Yes, it is an interesting wrinkle that Orly’s suit was filed after Obama’s first botched swearing-in but before the private re-do the day after and Judge Carter seemed to rely entirely on the botched one without comment on the correcting one and any implictions of that.

It would seem that the 9th Circuit could reverse Judge Carter on this point, if it made a difference.

A remaining complication either way is that the DOJ was not conclusively served until August! This might make the botched inauguration moot.


15 posted on 11/01/2009 11:59:09 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 7 | View Replies]

To: Uncle Sham

This is already on the books in (of all places) Hawaii. Nancy Pelosi certified Obama as being eligible in Hawaii ONLY. In the other states, she certified Obama as the winner of the democrat party nomination, but excluded the point about eligibility.

Seems to me that the state position in charge of elections in each state (usually the secretary of state) should be personally responsible for verifying eligibility.

Nevertheless, the concern is what to do about the present situation.


16 posted on 11/01/2009 12:14:18 PM PST by kidd (Obama: The triumph of hope over evidence)
[ Post Reply | Private Reply | To 13 | View Replies]

To: True Republican Patriot
“The Law Suit needs to be Refocused!”

This suit was not dismissed “with prejudice”. I believe that means Kreep and Taitz (hopefully just Kreep at this point) are not barred from bringing the suit back to Carter's court with the defects that Judge Carter identified corrected (dumping the non-political plaintiffs and all defendants except Obama, and not asking for removal of Obama but asking only monetary damages).

The WSJ Blogger Jones read Carter's at times confusing musings in dicta to mean that the political plaintiffs actually could have standing that Carter was willing to recognize if a remedy was available to the judge. The de facto removal of Obama requested by Kreep and Taitz was not seen as an available remedy, but a monetary judgment just might be!

Judge Carter seems to have actually invited a new lawsuit by the political plaintiffs!

How often have the anti-birthers and other scoffers declared that Taitz and Kreep would fail “just like all the others” because “none” of the plaintiffs had standing? Yet the WSJ legal blogger Jones says the anti-birthers and others are wrong. Judge Carter found that the political candidates could have standing if the case was timely filed and a remedy were available, according to Jones.

Finding standing for the political plaintiffs is huge!!!

17 posted on 11/01/2009 12:18:57 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 4 | View Replies]

To: Seizethecarp
It would seem that the 9th Circuit could reverse Judge Carter on this point, if it made a difference

This seems to have been the main sticking point in Judge Carter's opinion.

- There will be no discovery, because Keyes lacked standing
- Keyes lacked standing because THIS court lacked jurisdiction (NOT because ther was no injury)
- This court lacked jurisdiction because the case was filed after the swearing in ceremony.

but...

- the swearing in was repeated...the only reason to repeat it was because the first one was invalid (a point that could easily be made in court)...

18 posted on 11/01/2009 12:22:45 PM PST by kidd (Obama: The triumph of hope over evidence)
[ Post Reply | Private Reply | To 15 | View Replies]

To: PennsylvaniaMom; Beckwith; rocco55; thouworm; rxsid; GOPJ; Fred Nerks; null and void; ...
Image and video hosting by TinyPic

Check out article and #15.

[Thanks, PennsylvaniaMom.]

.

19 posted on 11/01/2009 12:25:10 PM PST by LucyT
[ Post Reply | Private Reply | To 8 | View Replies]

To: Canedawg
Per Jones...

rest assured, we’ll be all over it if and when one gains significant traction.

Per Canedawg:

“And why is that?”

Maybe Jones just wants to reassure us that the White House War on Fox (WSJ is Murdock/FOX) will not intimidate the WSJ legal blog? As you point out, Jones doesn't explain why WSJ/FOX aren't taking the lead on investigating the vetting of Obama's NBC soil and blood eligibility, rather than just sitting around waiting for a case to "gain traction." Is it FCC threats that Beck is putting up on his chalkboard???

20 posted on 11/01/2009 12:28:14 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061 next last

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.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson