Posted on 09/16/2009 12:10:01 PM PDT by pissant
Judge Clay Land – the same judge who earlier dismissed a similar case filed by Maj. Stefan Frederick Cook – has rejected another request for restraining order from a medical doctor and Army officer and threatened sanctions against attorney Orly Taitz if she files any future "frivolous" actions with his court.
As WND reported, Capt. Connie Rhodes, a medical doctor and Army officer, filed suit in U.S. District Court in Columbus, Ga., earlier this month, requesting a restraining order preventing her deployment overseas on the basis that the top of the chain of command, President Barack Obama, has not demonstrated himself to be a natural-born citizen under the U.S. Constitution.
Land rejected Rhodes' request for a temporary restraining order today.
"After conducting a hearing on plaintiff's motion, the court finds that plaintiff's claims are frivolous," his ruling states. "Accordingly, her application for a temporary restraining order is denied, and her complaint is dismissed in its entirety. Furthermore, plaintiff's counsel is hereby notified that the filing of any future actions in this court, which are similarly frivolous, shall subject counsel to sanctions.
He described Taitz as a "self-proclaimed leader in what has become known as 'the birther movement.' … Her modus operandi is to use military officers as parties and have them allege that they should not be required to follow deportation orders because President Obama is not constitutionally qualified to be president."
(Excerpt) Read more at wnd.com ...
Sounds like a rat appointment.
Nope. Bush put him in.
Or a George W "There is no conservative movement - I redefined the Republican Party" Bush appointment.
RINO of RINOs.
Come on, Barack Obama, just show us your long form birth certificate. It’s okay if that Anne Durham lady really isn’t your mother. We just want the Constitution followed.
Well, Reagan gave us Sandy Day and Kennedy
Yep. And I’ll bet the defense spent a small fortune too.
It was a predictable decision. Orly may be a fine woman with a just cause, but she is a terrible lawyer. Law 101 clearly teaches I dont have to prove my innocence, you have to prove my guilt.
Hard to prove when the judge dismisses it before discovery, eh?
Law 101 clearly teaches
She probably skipped over that part in the online material she was using from Taft U.
The “Twitter” defense applies.
"Plaintiff's counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to 'prove his innocence' to 'charges' that are based upon conjecture and speculation. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly 'protect and preserve' those very principles."
He thinks asking Barack H. Obama to prove that he's a natural born citizen is abandoning the fundamental principles upon which our Country was founded. Has he read the U.S. Constitution lately? This isn't about charging Barack H. Obama with a crime and asking him to prove that he's innocent. This is about adhering to and upholding the Supreme Law of the land.
I expected him to dismiss this lawsuit, but I'm disapointed at his view of the situation in which we find ourselves. We have an ineligible POTUS and seemingly no way under the Supreme Law of Land to seek recourse against the Electors and Congress for failing to perform their basic duty of qualifying the candidate who won the presidential election of 2008.
I've reached the point of believing that there is no way to prove that Obama is not a natural-born citizen. Judge Clay is right is about the essential nature of the eligibility lawsuits. We cannot make charges against the POTUS and require him to prove that he isn't guilty of those charges.
The only remedy to this situation is to force our state legislatures to enact laws requiring our respective Secretaries of State and/or members of the Electoral College to verify the eligibility of candidates to be on the presidential ballot.
As long as this keeps being framed as a criminal accusation, of course. But the good Judge surely understands that this is a matter of civil law, not criminal law.
Recher said. "Nobody knows who he is. When people heard he was writing a book the most common reaction has been, 'Who?'"
Brilliant.
That doesn't necessarily mean he is NOT a rat appointment.
Had to avoid being filibustered in Senate.
"Costs" doesn't mean legal fees. (An award of costs to the winning party is automatic in federal court.) It just means filing fees, court reporter's fees,and the like. Costs can add up in a long case that has gone through discovery, but the costs in this case are going to be very small.
He was a conservative Republican State Senator before Shelby Chambliss recommended him to Bush I for a court appointment.
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