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.

[BuckeyeTexan]

Ping to an Orly Taitz whack-a-mole thread.

[Lurking Libertarian]

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.

Can you say "malpractice," boys and girls?

I knew you could!

[rjp2005]

The only thing it would take to show the birth certificate would be a march of about 100,000 people sitting in on the national mall.

[mono]

.....she is too busy to comment now....

She also appears to be too busy to learn even a rudimentary knowledge of the law or court procedures.

[humblegunner]

The only thing it would take to show the birth certificate would be a march of about 100,000 people

[Non-Sequitur]

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.

To busy doing what? Did someone let a TV camera get near her?

Maybe if some one told her they were fillings and not filings then it might pique her professional curiosity?

[ari-freedom]

[ari-freedom]

“The only thing it would take to show the birth certificate would be a march of about 100,000 people sitting in on the national mall.”

It also wouldn’t hurt to have lawyers with a clue.

[sonic109]

Dosen’t this Taitz person come up the the REAL birth certificate every other week ?

[Oldpuppymax]

How DARE an American citizen demand Obama satisfy the Constitution!

[El Sordo]

Go Lady Liberty!

[the long march]

keep holding your breath....

these are the types of things that allow the lefties to point at conservatives and holler nut case

[SvenMagnussen]

US DoJ admits Taitz has standing and tries to cover with Corrected Memorandum.

In fact, Taitz claims in her complaint she has been subjected to attacks by "Obama's supporters and some judiciary, acting as tools to silence her ..."

Cf. Younger v. Harris, 401 U.S. 32,41 (1971) ... plaintiffs have standing when plaintiff alleges prosecution, threat of prosecution or possibility of prosecution.

[parsifal]

BWAAAAHAHAHAHAHAHA! 99.99999% chance it will be granted. .00001% chance not. Maybe they ask Obama to put a certified COLB in the record to shut some of these goobers up. But, I look for this to happen in 2012 to gut the GOP of its base.Maybe this year to help save Congress.

parsy, who bets Orly, Queen of the Birthers, hasn’t got a clue what to do...

[RideForever]

I'm no attorney. But it seems to me the fed attorneys missed an obvious point - the tort actions filed in the past had the issue of standing because there was some injury at issue.

A quo warranto action is about whether an official is qualified to hold an office, whether or not they have 'injured' anyone. So the the question of 'standing' is moot.

[parsifal]

True.

parsy

[parsifal]

True.

parsy

[parsifal]

True.

parsy

[lucysmom]

She also appears to be too busy to learn even a rudimentary knowledge of the law or court procedures.

Those details are for the little lawyers, she's the Queen of the Birthers>