U.S. Attorneys' Office moves to dismiss Orly Taitz's Quo Warranto case

U.S. District Court for D.C. ^ | 02/26/2010 | U.S. Attorneys' Office

[BuckeyeTexan]

U.S. Attorneys with the Department of Justice have moved to dismiss Orly Taitz's Quo Warranto case for lack of jurisdiction. Additionally, the U.S. Attorneys' Office asserts that any judicial or bar sanctions against Dr. Taitz are the consequences of her own actions.

"Although, to Defendant's knowledge, this is Dr. Taitz’s first case in which she serves as Plaintiff, this is not her first bite at the apple, or even her second: she has unsuccessfully represented plaintiffs in at least three judicial districts seeking to raise similar claims. In each of these cases, the United States district courts have declined to find jurisdiction and have denied relief similar to the ultimate relief sought here.

Dr. Taitz's Complaint suffers from exactly the same defects that doomed many of her previous litigation efforts. Simply put, her allegations about the President's citizenship are not a concrete and particularized injury, as required to establish standing under the "case or controversy" requirement of Article III, and the harms that she has suffered from judicial and/or bar sanctions for her conduct in litigation are the consequences of her own actions and not in any way traceable to any legal claim cognizable against Defendant."

As attachments to the Motion to Dismiss, the U.S. Attorneys' Office filed the dockets from Cook v. Good, Barnett v. Obama, and Rhodes v. McDonnell and a citation from Judge Clayton Land’s opinion in Rhodes v. McDonnell as examples of Dr. Taitz's failed litigation and contemptible conduct.

Defendant's Motion to Dismiss - Taitz v. Obama, Civil Action No.: 10-0151 in the U.S. District Court for the District of Columbia

Defendant's Opposition to Motion for Preliminary Injunction - Taitz v. Obama, Civil Action No.: 10-0151 in the U.S. District Court for the District of Columbia

Defendant's Corrected Memorandum on Motion to Dismiss - Taitz v. Obama, Civil Action No.: 10-0151 in the U.S. District Court for the District of Columbia

Dr. Taitz responded on her blog that she's too busy to look at the filings but will comment when she has a chance to read them.

Additionally, the U.S. Court of Appeals for the Eleventh Circuit denied Dr. Taitz's motion to reinstate her appeal in Cook v. Good, which she filed late and printed double-sided in violation of court rules. The docket and the case are now closed.

[Pilsner]

A quo warranto action is about whether an official is qualified to hold an office

Unfortunately for Orly, and her fellow Birthers, the Constitution vests the United States Congress with sole authority to make that call as to elected Federal Officers holding an office established by the Constitution, and Federal Judges. Obama could call a press conference and boast that he is an illegal alien, and the United States District Court couldn't touch him.

Now if Orly had the legal knowledge of a semi-literate writ writer doing 20-life, she would seek a quo warranto to oust the United States Marshall, or Customs Collector, or some other officer that can be removed by a quo warranto , on the grounds that his appointment is not valid, as it was made by a non-qualified President. The Court would at least have the power to do what she was asking.

Don't get me wrong. She would still lose. But the Judges of the Appeals Court might not be giggling when the wrote the opinion upholding her loss.

[Confed]

She needs your prayers and support not your "one liners" which the Liberals will use against her. Why are you acting like grammar school playground bullies?

I agree, this woman has more guts than anyone out there. She gets run down for trying to expose the clown in the Whitehouse. It's a shame!

[Zippo44]

Speaking of US Attorneys, how many of today’s USAtts are holdovers from Bush? Or did BHO fire them all?

[urtax$@work]

Ronald C. Machen Jr. D.C. Bar # 447889 US Attorney

--------------------------------

Rudolph Contreras, D.C. Bar# 434122 Asst. US Attorney

-------------------------------

Alan Burch, D.C. Bar# 470655 Asst. US Attorney (202)514-7204, alan.burch@usdoj.gov

Tax-Paid Enablers

[the long march]

Nope. Conservatives should act on reason and logic not insanity

[freebird5850]

I think she has something. She made mistakes. The SCOTUS won’t look at it. I did paypal 10 bucks so in case something works I can feel proud to help expose Obama the fraud.

[browardchad]

I think she has something.

I sincerely hope it's not contagious.

[EnderWiggins]

"As of the end of November (2009), more than 10 months into Obama’s presidency, the score was 24 Obama U.S. Attorneys to 21 Bush U.S. Attorneys, according to a review of Justice Department and congressional records. And of the 48 acting and interim U.S. Attorneys, just seven were appointed during the Bush administration."

http://www.mainjustice.com/2009/12/16/obama-us-attorneys-now-outnumber-bush-appointees/

[Victory Rocks]

Picking on is Oily T*tz is fun and a great way to relieve stress. Besides, I can't think of someone who is more deserving of scorn and ridicule, other than Obama, than miss T*tz.

As for putting my money where my mouth is, I'd rather donate my hard earned money to the Republican presidential nominee in 2012 and rid our country of Obama the American way, which is through the electoral process, than waist a dime on T*tz, Berg, or Kreep who seem to be quite good at parting gullible fools from their money.

[Victory Rocks]

Picking on is Oily T*tz is fun and a great way to relieve stress. Besides, I can't think of someone who is more deserving of scorn and ridicule, other than Obama, than miss T*tz.

As for putting my money where my mouth is, I'd rather donate my hard earned money to the Republican presidential nominee in 2012 and rid our country of Obama the American way, which is through the electoral process, than waist a dime on T*tz, Berg, or Kreep who seem to be quite good at parting gullible fools from their money.