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KEYES v OBAMA OPPOSITION to MOTION to Dismiss Case ; AND MEMORANDUM OF POINTS AND AUTHORITIES
Scribd ^
| September 21, 2009
| Orly Taitz
Posted on 09/21/2009 10:11:47 PM PDT by Red Steel
-Snip-
PLAINTIFFS PRELIMINARY RESPONSE TO DEFENDANTS MOTION TO
DISMISS, to be supplemented by filing Plaintiffs Second
Amended Complaint on or before October 2, 2009
Come now the Plaintiffs with this their Preliminary
Response toDefendants September 4, 2009, Document 56
Motion to Dismiss (with reservation of rights to Respond
further by filing Plaintiffs Second Amended Complaint
on or before Friday, October 2, 2009).
POLITICAL RELATIVITY vs. CONSTITUTIONAL ABSOLUTES: IS THE
POLITICAL QUESTION DOCTRINE VIABLE AS A MEANS TO
EVADECOMPLIANCE WITH UNVARIABLE STANDARDS?
Fundamentally, this case comes down to a single
bifurcated question question: (1A) does the constitution
mean what it says when it lays down absolute parameters,
such as the age and citizenship qualifications to be
President, and (1B) to whom does the investigation and
enforcement of this constitutional provision: to the
Congress, the People, or can the President get by merely
asserting his qualifications without presenting evidence
which would be competent as Summary Judgment
(admissible) evidence under Rule 56 of the Federal Rules
of Civil Procedure? The Plaintiffs have brought their
complaint as a matter of first impression to ask this
Court to determine, find, hold, and rule that the
investigation and enforcement of this right belongs to
the people, even members of a discrete and insular
minority of the people, even if this group lacks
majoritarian political power. Plaintiffs respond to the
Defendants Motion to Dismiss and ask this Court to
rule, pursuant to the First and Ninth Amendments that
they may sue to enforce constitutional absolutes, such
as the constitutional requirements for President of the
United States. Plaintiffs assert an inalienable,
reserved right to sue for Constitutional conformity in
this case even though they concede that the Defendants
have shown that primary, first line actions could and
should have been taken by members of Congress or the
Electoral College, pursuant to the Twelfth and
Twentieth Amendments for instance. Case
8:09cv00082DOCAN,Document 56, Filed 09/04/2009, Page 2o
of 32: Defendants Motion to Dismiss at 13, ll. 114. Of
course, what Congress must do in the case of obvious
electoral deadlocks or recognized and admitted problems
with qualification for office is not at all the point
raised by Plaintiffs complaint and evidence.
Plaintiffscomplaint and evidence allege and confirm
that the Presidency in 2008 was taken by fraud, and not
even by fraud in the counting of votes, but by fraud in
the traditional common law sense of a material
misrepresentation of an important fact upon which
Plaintiffs could be reasonably expected to rely to their
detriment, and to the detriment of constitutional
government. The Constitutions textual commitment of
this responsibility is a responsibility that Congress
has embraced. Both the House and the Sentate have
standing committees with jurisdiction to decide
questions relating to Presidential elections. Idem:
Defendants Motion to Dismiss at 13, ll 1517. Where
Congress has done absolutely nothing to investigate or
prosecute a question, Defendants position appears to be
that this very inaction or acquiescence by Congress
creates a presumption of legitimacy. Apparently,
Defendants would have this Court believe, hold, rule,
and accept that utter and complete inaction, stony
silence even by the Vice‐President of an opposing party
sitting as President of the Senate during the
certification of the electoral vote to Congress pursuant
to 3 U.S.C. §15, is and must be sufficient to satisfy
the people that the President has met the Constitutional
qualifications for office. Idem: Motion to Dismiss at
1314.
Excerpted, more here: KEYES-v-OBAMA-69-OPPOSITION-to-MOTION-to-Dismiss-Case-AND-MEMORANDUM-OF-POINTS-AND-AUTHORITIES-IN-SUPPORT-OF-MOTION-56-filed-by-Plaintiff-Pamela
TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: birthcertificate; certifigate; obama; orly; orlytaitz
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To: MHGinTN
Un-Constitutional theft!!!
121
posted on
09/22/2009 9:16:42 AM PDT
by
danamco
To: JoSixChip
122
posted on
09/22/2009 9:20:35 AM PDT
by
Danae
(No political party should pick candidates. That's the voters job.)
To: danamco
And the Democrat party controlling Congress is so corrupt that they certsainly will do nothing to right the criminal enterprise moves which benefit them directly. The Democrat party is a criminal enterprise, and this is one of the most blatant examples of their total bankrupt thuggery.
123
posted on
09/22/2009 9:25:52 AM PDT
by
MHGinTN
(Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
To: Mik Taerg; Admin Moderator; Old Sarge; 50mm; darkwing104
Think we have a live one at post 79.
124
posted on
09/22/2009 10:19:35 AM PDT
by
Mr. Silverback
(We're right! We're free! And we'll fight! And you'll seeeeeeee!)
To: Mr. Silverback
What rule has the poster violated?
To: so_real
Mea culpa. It was not a "replacement" but an "insertion" of the birthplace-of-child line. Intellectual dishonesty nonetheless. The original affidavit filed by Lucas Smith does not include a document containing this line.
126
posted on
09/22/2009 10:31:52 AM PDT
by
so_real
( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
To: Admin Moderator
What rule has the poster violated? Good question.
Having fun, at the expense of those without a sense of humor, perhaps?
Off with its head!
To: danamco
Yeah the timing of that whole Hawaii trip thing, 2 days before the election was fishy. I wonder if ashes of the original BC are mixed in with Granny's???
It really seems as though unless you're a mind-numbed Obot, every single thing The Usurper has done, is doing now, and says he'll do in the future makes you go, hmmmmmmm...
128
posted on
09/22/2009 10:33:28 AM PDT
by
thecraw
(Follower of Jesus...American...Tennessean...Birther! You Betcha!)
To: jarofants
Could someone explain this .... Is this good or bad? My wife wants to know.
It all depends on your point of view, and Judge Carter's point of view.
QOU WARRANTO (pp 4-8)
Plaintiff's argument is basically that Judge Carter should permit the quo warranto case to proceed in his California court is based on the argument that Eric Holder refused to file it there, and the DC courts (vested by statute with jurisdiction) won't hear it, citing to Judge Robertson's "silencing" of Hemenway in Hollister v. Soetoro.
So the question is whether Judge Carter will find that even though the relevant statute says that quo warrantos must be filed in DC, he will take the case anyway because Eric Holder refused to file it in DC and because Judge Robertson "silenced" Hemenway by imposing sanctions on him in Hollster. If you believe it is likely that Judge Carter will ignore the relevant statute "for the greater good," then the brief is great.
FOIA (pp 8-9)
Plaintiff's FOIA argument is basically that a few plaintiffs did file FOIA requests. And, Taitz, while not submitting formal FOIA requests, submitted requests to various agents through her multiple dossiers.
So the question is whether Judge Carter will find that even though the relevant statutes require FOIA plaintiffs to proceed through several FOIA-regulation steps (which are not alleged even with respect to the plaintiffs who did file requests), he has jurisdiction to accept their FOIA claims. If you believe it is likely that Judge Carter will ignore the relevant FOIA statutes and regulations "for the greater good," then the brief is great.
STANDING (pp. 8-13)
Here, Plaintiffs argue that all have "taxpayer" standing, and that some have standing under "oaths" or "constitutional duties" principles. Taitz cites several cases to support her position, including a couple that are no longer good law (because they were vacated, abrogated, or otherwise limited), but they have good statements about standing in them. She also makes a cogent argument that the taxpayer standing cases should be expanded to include this situation. (So far, with hundreds of cases being filed on the issue over the past decades, the only "taxpayer" standing principle that the Supreme Court has adopted is that taxpayers can sue to prevent government monies from being spent in ways that arguably violate the First Amendment prohibition against esablishment of state religion. However, lots of plaintiffs continue to attempt to have a court expand that limitation.)
So the question is whether Judge Carter will find that even though the cases she cites are distinguishable or no longer good law, he will use statements in those cases to rule for her. Also, will Judge Carter expand the general "taxpayer" standing status beyond establishment of religion cases to include this type of case. If you believe it is likely that Judge Carter will do that "for the greater good," then the brief is great.
POLITICAL QUESTION DOCTRINE (pp. 13-16)
I'm not sure I understand this argument, but it seems that Plaintiffs are arguing that Justice Taney's decision establishing the Political Question doctrine in Luther v. Borden was wrong (because in that case, Taney held that the political question doctrine precluded the court from hearing the case). Plaintiff's critcize the ruling as establishing a "bright line choice between political action by ballot and revolution, with no possibility of judicial intervention." Plaintiffs continue that even if the political question doctrine still applies to Article IV challenges, it does not apply to Article III challenges.
So the question is two-fold: Will this district judge hold that the Supreme Court decision in Luther v. Borden was incorrect and, if not, will Judge Carter find that even though the doctrine applies to Article IV challenges, it does not apply to Article III challenges. If you believe it is likely that Judge Carter will do that, then the brief is great.
TAXPAYER STANDING & PROTECTION FOR DISCREET & INSULAR MINORITIES (pp. 16-24)
Here, Plaintiffs return to standing, citing to Flast v. Cohen, the case finding that taxpayers have standing to challenge taxes spent in alleged violation of the establishment clause. (Discussed above in more detail.) Will Judge Carter expand that rule even though the Supreme Court has repeatedly declined to do so? We won't know until October 5.
Plaintiffs also make the argument that they have standing under the First and Ninth Amendment, and should be protected as a discreet minority, citing to Wisconsin v. Yoder. Wisconsin v. Yoder was not a standing case, but the Supreme Court did find that the Amish were a "discreet and insular" religious minority, whose religious beliefs precluded compulsory education of children past 8th grade. Will Judge Carter find that minorites other than religious minorities are protected under Yoder and, if so, that Plaintiffs are a similar "discreet and insular" minority whose beliefs preclude them from taking orders from a President that they believe is not eligible under Article III? We won't know until October 5.
To: FARS
WE THE PEOPLE!
Thanks for the ping FARS.
130
posted on
09/22/2009 10:50:31 AM PDT
by
1035rep
To: SvenMagnussen
Plaintiff submits that if discovery is ever allowed in this case, it will be rapidly settled by the resignation or impeachment of the President. Awesome. I'd only add "followed by immediate incarceration and/or deportation to his nation of origin."
Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.
131
posted on
09/22/2009 10:51:17 AM PDT
by
The Comedian
(Evil can only succeed if good men don't point at it and laugh.)
To: Old Sarge
132
posted on
09/22/2009 10:58:55 AM PDT
by
darkangel82
(I don't have a superiority complex, I'm just better than you.)
To: Mik Taerg
Sniff, sniff, is that you Dan Rather?
133
posted on
09/22/2009 11:04:18 AM PDT
by
1035rep
To: Admin Moderator
Not a rule violation, more like a profile. Recent signup, only posts on the birther issue...and I may be wrong, but every time I see an Obama certificate I tend to have my troll radar on, whether the cert says Hawaii or not.
Call me crazy if you’d like...it’s not like I think you work for me or anything.
Either way, good hunting!
134
posted on
09/22/2009 11:07:32 AM PDT
by
Mr. Silverback
(We're right! We're free! And we'll fight! And you'll seeeeeeee!)
To: Mr. Silverback
LOL! You always make my day. I think I love you :)
135
posted on
09/22/2009 11:12:05 AM PDT
by
1035rep
To: Mr. Silverback
At FR of late, posting a fraudulent exhibit on a birther thread is not a violation of FR policy, so ‘greaT kiM’ is now being protected as a member in good standing of the anti-birther squad.
136
posted on
09/22/2009 11:17:43 AM PDT
by
MHGinTN
(Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
To: pissant
Note the ‘so the question is’ methodology of trying to frame and herd the discussion into an obamanoid favorable twist?
137
posted on
09/22/2009 11:21:27 AM PDT
by
MHGinTN
(Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
To: Mr. Silverback
Folks need to quit yelling “TROLL” every time they’re challenged. Whether implicit or explicit. It’s tiresome.
To: Admin Moderator
That one IS a troll, I assure you.
139
posted on
09/22/2009 11:27:53 AM PDT
by
pissant
(THE Conservative party: www.falconparty.com)
To: Admin Moderator
140
posted on
09/22/2009 11:28:00 AM PDT
by
Mr. Silverback
(We're right! We're free! And we'll fight! And you'll seeeeeeee!)
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