Posted on 09/16/2009 9:48:30 AM PDT by vikk
U.S. District Court Judge Clay Land today tossed out a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.
Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national “birther” movement, on notice by stating that she could face sanctions if she ever files a similar “frivolous” lawsuit in his court.
“(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States,” Land states in his order. “Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, [and] an unqualified imposter.’”
Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, argued that some facts point to Obama not being naturalized or possibly an illegal immigrant.
“This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president,” Rhodes’ complaint states. “This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.”
In his order, Land states in a footnote that Obama defeated seven opponents in a “grueling” primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.
“It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought,” Land says.
The judge adds that Congress hasn’t started impeachment proceedings against Obama, appears satisfied that he can hold the office and has rejected the suggestion he isn’t.
It goes back to Geneva Convention protections in a combat zone.
Same subject tho, correct?
suggest asking your son to produce any birth certificate that lists religion. I’ve got two originals from different states in my hand (with raised seals and file numbers) - nothing about religion.
When faced by wild ridiculous statements by RATs, just ask them to produce factual evidence or shut up.
Same subject, different case.
“No other presidential candidate has ever had to prove they were eligible beforehand. It’s always been assumed.”
Since Chester Arthur (about whom it turned out later to have been a mistaken assumption), there has been no doubt about the circumstances of birth—until now.
You are incorrect.
Such a ruling cannot be made, in good faith, without discovery. After discovery, then it can be determined whether there is merit in the claim.
This judge’s rulings, and actions, will be irrelevant as long as the case filed in California proceeds.
In California.
(The Obama Enablers will do anything to keep this guy in office...sheesh)
Go to hell!
A ruse does not include a court-martial.:-)
re: prove they were eligible . . It’s always been assumed.
And with good reason, they didn’t go to extraordinary lengths to keep their birth certificates from being released.
That's correct. The orders for deployment were rescinded rendering the application for TRO moot. How else would have you have had the bench rule in that case?
As conservatives, we should expressly desire for judges to follow the law, not to make it up as they go along. For Land to have done anything other than dismiss would clearly have been "making it up" as he went along - hardly a conservative position.
There's nothing more unbecoming in a conservative than hypocrisy. The hypocrisy on display by many on and about this topic is unrelenting with respect how they wish for jurists to behave, rather than expecting the judge to follow the law as well as his obligations as outlined in the Federal Rules for Civil Procedures - rules that are understood by every 1L in the country. It's painfully hypocritical and equally unbecoming.
The Republican Party and Bush-McCainites screwed up by not making BO’s Consitutitional qualifications a campaign issue. McCain didn’t even try to win with his mamby-pamby attitude. If I’d been running, the public would have seen a lot of video of the Dem primary debates—where was it? Basically, the people of the US have been sold out by those in power and it is time to seriously clean house.
Even though I had a father and mother i’m proud to call myself a bastard!!
I’m MEAN BASTARD AND DAMN PROUD OF IT!!!!
ping
He may have been threatened with an aspirin bottle...
He’s basically saying that “It’s been twittered ya’all”.
Hell we don’t even need courts to be the finders of fact any longer since twitter arrived.
We’ve got to get these morons off the bench.
McCain did.
Unfortunately, your well-reasoned logic will be lost on many that stalk these threads. You'll be branded an Obot, a moron a liar and probably worse. Gird your loins.
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