Posted on 01/14/2010 10:08:15 AM PST by STARWISE
Laguna Niguel attorney Orly Taitz’s effort to have President Barack Obama removed from office because he was born in Kenya - or perhaps Indonesia - has run into another dead end, as U.S. District Judge David O. Carter issued this order denying her request to move the case from Santa Ana to Washington, D.C.
In his order, Carter states simply that he dismissed her case on Oct. 29 - meaning that there is no action currently pending, and so no case to transfer. In that dismissal, Carter ruled that the federal courts do not have the constitutional power to remove a sitting president - that only Congress has that authority.
Taitz responded to the Oct. 29 ruling with a number of unorthodox filings. On Nov. 9, she filed a fiery declaration to Carter, which among other things claimed that a Carter law clerk previously worked for a law firm defending Obama, and that that clerk wrote most of Carter’s ruling dismissing Taitz’s suit. She also denied witnesses’ affidavits saying she’d asked them to lie to the court.
The same day as she filed the declaration lashing out at Carter and others, she’d filed a motion asking Carter to reconsider his dismissal of her case.
On Dec. 3, she filed new allegations with Carter’s court.
“There was a concerted and a well orchestrated effort by a number of individuals to assassinate my character, endanger my law license and ultimately derail my case against Mr. Obama,” Taitz wrote. “A number of criminal activities were perpetrated upon this court.”
On Dec. 4, Carter denied her request for reconsideration, saying legal language that he had ruled once and for all - and that meant the case was finished in his court.
This doesn’t have anything directly to do with her court case, but it’s of interest to note that on her blog later in December, she suggested armed rallies and protests might be in order.
The day before Christmas, she asked Carter to send the matter to Washington, D.C. court. But neither Santa nor Carter granted her wish. Carter issued his ruling Tuesday.
No direct vote, true, but that why I said "selected by", rather than "elected by" which was my first draft.
But they have other interests, such as preservation of their Liberty and their freedom. The Constitutional provision in question was written so that the person charged with defending both would have no personal foreign loyalties or ties, his loyalty would be to the United States, and it's Constitution, first and foremost, and pretty much exclusivly.
Obama probalby couldn't get clearance to serve coffee on AF-1. He has too many foreign relatives, including all but one of his many half siblings, and she is a citizen by statute, not a native born citizen, but that much would be OK.
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No one is asking them to make policy, although Lord knows they do that all the time.
Exactly. Just ask the newest member of SCOTUS.
"They are being asked to enforce the Constitution. Pretty simple really. If they won't do that, they are FReaking useless."
Right. Interpreting the intent of the framers, IS (part of) their job!
Is Barry an NBC as intended by the framers for the position of POTUS...or isn't he?
They knew they were not citizens from birth-- they couldn't have been, because there was no USA for them to be citizens of before 1776. A Natural Born Citizen is someone who was a citizen from the moment of his birth.
Welcome to Free Republic.
I would not say quite that. I would say their job is determine what the words of the Constitution meant when written and ratified. What the Framers were intending the effect of those words to be matters less. Although expressed intent can be used to help determine what the wording meant.
What extremes, Obama has only been represented by council in 3 of the 60 or so eligibility cases, all of which have been dismissed on the merit of standing.
Of course.
So, they were not Naturalized Citizen's and they were not Natural Born Citizens.
They were, however, "Citizens" of the United States at the time of the signing of the Constitution. Since they were "Citizens", they knew they wouldn't pass the "NBC" test...therefore, they had to grandfather themselves in with this:
"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President;"
Correct.
Correction:
They were "Citizen's of the United States at the time of the adoption of the Constitution.
Furthermore, since they were "Citizen's" they meet the requirement for Senator's and Rep's and therefore there was no need for the same kind of grandfather clause for those requirements.
Right you are. Those of us who have taken the oath “to protect against enemies foreign and domestic”... know the answer beyond question.
Not buying it. This is not a legal issue that requires any one citizen to receive redress. It by its very nature affects all citizens so indeed, all citizens have standing and any resulting remedy is applicable to all citizens. No conflict there. The elected branches are not disinterested parties in this case. They have a massive and self interested dog in this fight. The judiciary should be placing themselves squarely into the middle of this issue. That's what they were set up to do.
By the way, does this make any kind of sense to anyone else here? So if every parent in the country had a child murdered by an uber serial killer they would have no case in court?
Oh really? Who were the additional opposing litigants in the other 57 cases and why did they bother to show up in court?
Which courts and by what right did they sight to make this tyrannical decision?
Just saying...
There's the crux of the matter isn't it?
Now THAT'S a tag line!!!
STE=Q
JB Williams
Canada Free Press
http://canadafreepress.com/index.php/article/12999
(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.
(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.
(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..
Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999
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A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:
Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.
Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.
She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!
She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880
Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.
So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots on FR don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.
http://www.youtube.com/watch?v=wcChG5pRTOE&feature=player_embedded
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