Skip to comments.Judge tosses out Army captain's complaint questioning president's birth; Orly Taitz on notice
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 presidents 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 hasnt started impeachment proceedings against Obama, appears satisfied that he can hold the office and has rejected the suggestion he isnt.
My crazy theory is it lists someone else as the Father and Obama isn't his legal name.
That would provide all sorts of legal problems for him, and quite honestly, he may not have ever known about it until much later in his life.
“The orders for deployment were rescinded rendering the application for TRO moot.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? “
Correct also. And no, I would not want it any other way. What I was indicating, however, was that Judge Land pesided iover both cases - addressing your contention of “random selection”.
This case assignment does not appear random to me.
The California case is currently waiting for the judge to rule on the defense’s motion to dismiss, so it hasn’t gotten any further than this case did. Orly, by the way, has four more days to reply to the motion in writing to Judge Carter. She’d better hurry up.
And just where would that appear, Judge Land??? in your dreams??? how about in Never-Never Land??? Where o Where did that appear??? Please tell us.
I already call him that, so what would be the difference?
No other presidential candidate came on the scene under such a self induced cloud of obfuscation, distortions and lies concerning his past from birth until candidacy.
That's the real issue.
A conflicting set of birth documents
No full disclosure on school records
No full disclosure on employment records
No full disclosure with ties to domestic terrorists
Who is Barack Obama really, and who is helping cover his tracks?
I still believe wholeheartedly that if there was something out there, Hillary's team would've found it and used it.
Some say that Hillary's SoS position was a payoff to remain silent on the BC issue during the primaries. There's no way I'm buying this explanation. Hillary wanted the nomination more than anything and, sadly, she would've beat McCain just as easily as Obama did.
Which is why I indicated that the chief judge in each district has some discretion how they assign a particular case - including basing an assignment on a particular skill-set one of his or her judges may posses. It's entirely possible that the chief judge did assign the case based on Land's prior experience. It's equally possible, given the extremely limited number of judges in that particular district, that it was entirely random.
My point to the original poster was that the presiding judge, Land in this case, is/was absolutely powerless to control what cases are or aren't assigned to him. Therefor, it's impossible for him to have "taken" this particular case.
Very well reasoned logic also describes why Chief Justice Taney felt it necessary to make all blacks of African descent subhuman before the law in the Dred Scott decision. Taney was called the greatest legal mind of his generation.
The process of law which we inherited does allow for the injection of common sense when such “well reasoned logic of law” leads us to a most bitter and toxic point.
Juries are one source of such protective mechanisms, special writs like mandamus, habeas corpus are another.
In this case a more grounded Judge would have allowed such entry, even if he had to suggest it directly.
Yet just this week, Orly Taitz stated that she would have Obama out of office within 30 days. Her grandiose comments, and attempts at litigation, are the legal equivalent of Star Trek techno-babble. She is promising to crawl through the Jeffries Tube, and neutralize Obama with a stream of reverse tachyon particles.
That is why so many Freepers are keep posting that she is either a moron, or a double agent. They know that she could not win the case, even if she really did have a case. Every second and dollar spent supporting her is a second or dollar spent in the service of Obama.
Do you happen to have a link for the ruling in this case? It's not in the Ledger-Enquirer story, from what I can tell. I would like to read it in its entirety. Thanks!
This is an important feature because K-records for original school entry would have contained the following:
1. His REAL Birth Certificate.
2. An application with the following:
1. His Legal name.
2. Parents or Legal Guardians names.
3. Date of Birth
4. Place of Birth
5. Vaccination Records
(revealing a timeline to the place and DOB.)
It also is important for two reasons:
A. The Dept. of Education does not lose the records of one particular student. (Who paid whom what sum to make this record disappear?)
B. There would have been NO shameful low-test scores, NO embarrassing Equal Opportunity advancements, and NO trails of fraudulent funding to hide which could possibly excuse the quashing of public school Kindergarten entry records.
For the rest of his life he attended very expensive private schools and has had his records legally sealed to deny the public, his true life story.
This is different. Hawaii should be able to verify he attended their school since he is featured in class photographs. State and federal tax dollars paid for his initial year of education. Why is there no documentation?
This is the tip of the iceberg of an intentionally erased life of a fraudulent conman and it reeks of complicity by officials within the State of Hawaiis Dept. of Health & Dept. of Education.
Hmmm, by this rationale anyone can become President and refuse to prove where they were born as long as no one else can prove they were foreign born.
He may have been threatened with an aspirin bottle...
Or would have ACORN hookers delivered to his courtroom...
Check out #94.
You're comparing this ruling to Dred Scott? That's rich.
How does his footnote have any standing in a court of law. Is it a legal principle that amount of money spent by his primary opponents helps determine whether he is consittutionally qualified? Just curous. He seems like a slightly less ludicrous imitator of Judge Robertson, relying on the Internet.
The case to which Orly was referring is the case in CALIFORNIA. Not this one in GEORGIA
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