Forgive my ignorance, but why can’t these types of lawsuits be filed in courts where the judges are NOT democrap appointed or big democrap donors? It seems that so much of the legal profession is beholden to the left and that it’s all a matter of money here.
I think the problem is where the Plaintiffs live. They are stuck with whomever is the judge presiding in their district. To get a different judge, they would have to show cause why the judge could not rule fairly in order to get a change in venue. That the Judge was appointed by a Democrat President in 1994 and voted as a Democrat would not be sufficient cause, unless they could show -- before the hearing even began -- that he has a conflict of interest with Obama or a clear bias in the cases that he has ruled.
Well, now he has set these presidents by this ruling. He did not judge the case by its merits but by his pro-Obama bias, judging by what he specifically said. He obviously made up his mind before ever seeing it:
This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life the case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end.
The key words are "blogsphere" and "conspiracy theorists" because they show he had read about the controversy from the perspective of Obama's supporters and apologists to the extent of pulling key words out of the editorials written about the cases filed.
In addition to showing his ignorance of the substance of the claim, he also highlights his ignorance of the Constitution, by confusing "native-born citizen" with "natural born citizen."
The plaintiff says that he is a retired Air Force colonel who continues to owe fealty to his Commander-in-Chief (because he might possibly be recalled to duty) and who is tortured by uncertainty as to whether he would have to obey orders from Barack Obama because it has not been proven -- to the colonel's satisfaction -- that Mr. Obama is a native-born American citizen, qualified under the Constitution to be President.
not only is he in error by his statement, he is being incredibly disrespectful, contemptuous, and patronizing by his sarcastic statement to the Colonel, saying that Obama has "to prove to the Colonel's satisfaction," as if he is the only person in America who has not seen proof of Obama's qualifications. WND has collected 310,000 signatures on a petition asking Obama to do the same thing as the Interpleader. But, nothing underscores his ignorance of the facts and unmitigated bias towards Obama like this one:
The issue of the President's citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America's vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court.
On the basis of that staement alone, This case should be, and will be, appealed to the Supreme Court. I would go even further by petitioning the Washington Bar to, at a minimum, remove him from his position as a Federal Judge, and maybe even disbarment in light of the rest that he said:
Mr. Berg and Lawrence J. Joyce, an attorney who lives in Tucson, Arizona, signed the complaint in this case. (They have been filing electronically although they have not been admitted pro hac vice, see [#10].) They are agents provocateurs –- and any attempt to sanction them for misuse of the public and private resources that have had to be devoted to this case would only give them a forum to continue their provocation. John D. Hemenway, on the other hand, is a member of the Bar of this Court. He may have been enlisted by Messrs. Berg and Joyce as a foot soldier in their crusade, but he is nevertheless directly responsible to this Court for the pleadings that have been filed on behalf of the plaintiff. Because it appears that the complaint in this case may have been presented for an improper purpose such as to harass; and that the interpleader claims and other legal contentions of plaintiff are not warranted by existing law or by non-frivolous arguments for extending, modifying or reversing existing law or for establishing new law, the accompanying order of dismissal requires Mr. Hemenway to show cause why he has not violated Rules 11(b)(1) and 11(b)(2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.
CLEARLY, this is a serious breach of ethics for a judge, let alone a lawyer. It proves that Robertson has a personal grudge against Phil Berg, regardless of any facts of the cases he's filed. Justice is supposed to be blind, but not to the facts in a case.