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Cpt Connie Rhodes, MD refuses deployment to Iraq until Obama’s legitimacy for CinC is verified
U.S.D.C. Western District of Texas ^ | 8/28/2009 | rxsid

Posted on 08/28/2009 8:21:55 PM PDT by rxsid

New Law suit filed in the Western District of Texas. Flight Surgeon Cpt Connie Rhodes, MD refuses to be deployed to Iraq until Obama’s legitimacy for the position of the Commander in Chief is verified Orly Taitz, Esq

Attorney & Counselor at Law
26302 La Paz ste 211
[snip]

(Application for Admission Pro Hac Vice

U.S.D.C. Western District of Texas

Submitted August 28, 2009)

UNITED STATES DISTRICT COURT

Western district of Texas

CPT Connie Rhodes MD,
Plaintiff,

v.

Dr ROBERT GATES, UNITED
STATES SECRETARY OF DEFENSE,
BARACK HUSSEIN OBAMA, de facto
PRESIDENT of the UNITED STATES,
Defendants.

APPLICATION FOR TEMPORARY RESTRAINING ORDER

Plaintiff Captain Dr. Connie Rhodes has received what appear to be facially valid orders mobilizing her to active duty with the United States Army in Iraq on September 5th, 2009 (Exhibit A). Captain Rhodes is both a US army officer and a medical doctor, a flight surgeon. On May 15th of this year 501 brigade out of Fort Campbell, KY, currently stationed in Iraq, has requested a support of medical personal in Iraq. Two days ago, August the 23rd, an order was given through the chain of command via e-mail for Captain Rhodes to arrive in San Antonio TX, Fort Sam Houston for Tactical Combat Medical Care Course (TCMC) to be held from August 30th till September 4t and next day, on September the 5th to arrive in Fort Benning in Columbus GA for immediate deployment to Iraq for a period of one year and twelve days from September 5th, 2009 until September 17th 2010. Captain Dr. Connie Rhodes wants to serve her country and fulfill her tour of duty, however as a US army officer and a medical doctor she has severe reservations regarding legitimacy of Barack Obama as the Commander in Chief and repercussions of her service under his orders, particularly in light of mounting evidence of him having allegiance to other Nations and citizenship of Kenya, Indonesia and Great Britain.
...
Continued: "http://www.orlytaitzesq.com/blog1/?p=4038"


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; citizenship; colb; connierhodes; eligibility; ineligible; naturalborn; naturalborncitizen; obama; obamanoncitizenissue; orlytaitz; rhodes; taitz; usurper
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To: GreenLanternCorps

Except the term is natural BORN citizen and not natural citizen. Doesn’t mean he could have changed citizenships throughout his life but that he was BORN with dual citizenship.


181 posted on 08/29/2009 8:59:44 AM PDT by bgill (The evidence simply does not support the official position of the Obama administration)
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To: OldDeckHand
The governor of HI has publicly stated that a properly kept BC is on file. Furthermore, the Director of Records in HI (or some such title) has said that Obama's Certification of Live Birth is legitimate - you can google it, I'm sure you'll find it.

The problem isn't what was said.

The problem is that under Hawaii law the original birth certificate showing foreign birth can be on file, and Hawaii can still legally issue a birth certification showing birth on the islands.

The birth certification with that flat-out lie on it is perfectly legitimate under Hawaii law.

I have personal experience with the legal fictions allowed on birth certificates.

182 posted on 08/29/2009 9:00:29 AM PDT by null and void (We are now in day 220 of our national holiday from reality. - 0bama really isn't one of US.)
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To: rxsid; All

The judge has already denied the TRO. The order is available on PACER, which I checked after seeing it reported on Twitter this morning.


183 posted on 08/29/2009 9:04:23 AM PDT by Sibre Fan
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To: JMack
"And, am I wrong in assuming this will also, as in civilian law, depend on the judge she pulls? Already we are seeing a few Military folk willing to fall on their swords for this. If she pulls the right judge, can’t this take off regardless of everything?

In my experience, the presiding judge can make a difference, but the military court system is given to the wild departures from convention that is seen in the civilian world. Which is why I said in an earlier post, I don't think any district judge is going to grant a TRO - but ANYTHING is possible. I would say ANYTHING isn't possible in a military courtroom - remember, the presiding officer is under the same constraint as the other jurists and defendant - they President is the Command-in-Chief, and they serve at his pleasure. That's a powerful dynamic that's not going to lend itself to evidentiary fishing trips for presidential birth records.

I tend to think this won’t happen, but I find it fascinating Obama won’t just sign a release on the Long form BC and clear this up. Sooner or later it would seem he’ll hit a judge who is a partisan, and decides to bust his balls.

Occam's razor tells me that the most likely reason he doesn't want his LF certificate in public view because there's something on it that would cause him some grief or displeasure. What that is, I have no idea. Personally, I was and continue to be in the camp that his eligibility to be president is still questionable, even if he was born in HI. But, SCOUTS disagrees with me, and has signaled that they have no appetite to entertain such challenges - disappointing.

184 posted on 08/29/2009 9:12:07 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: Fred Nerks
"That 'statement' will need to be made in a court of law under oath, not as a quote on an internet website, correct? Just as the original paper-copy of the Certification of Live Birth (showing the Seal and Stamp) will need to be shown. "

Yes to both counts. As I said earlier, if he can provide both items, then he has set a very high hurdle for the plaintiff to walk over - assuming that the case is ever heard on the merits.

185 posted on 08/29/2009 9:13:42 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: Sibre Fan

What’s a PACER? Link please.

On what terms was it denied?


186 posted on 08/29/2009 9:14:11 AM PDT by bgill (The evidence simply does not support the official position of the Obama administration)
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To: OldDeckHand
Dr. Fukino is either an impostor, or part of Moveon.org or a space alien

She's certainly no Constitutional scholar.

See the sources the Founding Fathers used, for example, Vattel quoted long standing law of nations and asserted that natural born citizenship required BOTH being born in a country, AND being born of TWO citizens of that country.

The Founding Fathers wanted to insure that to hold that one singular office, the presidency of these United States, one had to be free of any hint of divided loyalties, allegiance, or affinity.

They specifically didn't want some Brit taking over the place.

Since Obama was born of a British Subject (I don't think anyone argues that point) he is, by birth, a British Subject, (and arguably a Kenyan as well!).

IF he was born in Honolulu, he's also an American citizen, but merely being born on US soil doesn't qualify one as a Natural Born Citizen.

If he was born elsewhere, under the laws in effect at the time, he wasn't even an American citizen at birth.

187 posted on 08/29/2009 9:18:45 AM PDT by null and void (We are now in day 220 of our national holiday from reality. - 0bama really isn't one of US.)
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To: LibertyRocks
"Also, I’m curious as to why you think these two officials would sign an affidavit without personally examining the document in question."

Let me be clear, I'm not a document examiner and I have no idea if what is purported on the internet to be Obama's COLB is legitimate, nor do I care - it's not germane in any way to the case.

What is germane is the multiple public statements from HI officials. I assume that they would sign affidavits repeating their public proclamations. I think that's a perfectly logical presumption. And, if they would offer such sworn testimony, it means that their is a legitimate COLB in Barack Obama's possession - or he could ask for another one from HI - irrespective of any fraudulent garbage that's already made it's way to the internet.

For me, it's the public proclamations that is so compelling - nothing more.

188 posted on 08/29/2009 9:19:46 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: hoosiermama
"There are other links if you are truly interested in truth and not just disruption of the threads. IOW be a help or get out of the way."

If you think a reasoned legal opinion is "disruption", I'm not sure what it says about your ability to evaluate facts or listen to reason. Just saying.

189 posted on 08/29/2009 9:22:35 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: charo
"Is he going to show it online?"

No idea.

190 posted on 08/29/2009 9:23:23 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: bgill

PACER is the court docket that you can subscribe to. Registering is free, but you have to pay 8 cents per page to view documents.

Link to PACER is here: https://pacer.uspci.uscourts.gov/cgi-bin/menu.pl?puid=

The order is too long to post (three pages), but here’s the “concluding” paragraph:


“Plaintiff has no substantial likelihood of success on the merits. Plaintiff presents nothing but conjecture and subjective belief to substantiate the basis for her claims, citing, for example, “opinion” and “doubt.” See, e.g., Application for TRO” 9, 20. Given that the underlying bases for Plaintiffs claim cannot succeed on the merits, there is no irreparable injury that Plaintiff can suffer. A review of Plaintiffs verified complaint shows that it presents speculation and vague claims that fail to rise to the requirement that it present “specific facts ... [to] clearly show that immediate and irreparable injury, loss or damage will result ....” See FED. R. Cry. P. 65(b). As an officer of the United States armed services, Plaintiff is aware that she could receive orders to compel her attendance to fulfill her military duties. Rhodes has received such orders, which are commensurate with the orders issued by commanding officers. Consequently, there is no irreparable injury for this Court to evaluate. Finally, Plaintiff presents no compelling argument that the issuance of a temporary restraining order would serve the public interest.”
Conclusion
Plaintiffs application for a temporary restraining order is hereby DENIED.
It is so ORDERED.
SIGNED this 28th day ofAugust, 2009.


191 posted on 08/29/2009 9:24:06 AM PDT by Sibre Fan
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To: OldDeckHand
Order: Pick up that trash.

If the "trash" is evidence, destroying evidence could be a crime in and of itself.

There are circumstances where "Pick up that trash." is an unlawful order.

192 posted on 08/29/2009 9:24:52 AM PDT by null and void (We are now in day 220 of our national holiday from reality. - 0bama really isn't one of US.)
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To: reagandemocrat
"Just exactly what is this “prima fascia” evidence of which you speak?"

In this case, it means "evidence on it's face". In other words, in a trial preceding, the evidentiary burden would switch to the opposing party after prima fascia evidence was admitted and accepted into the trial record. That becomes an enormous burden for the opposition to overcome.

193 posted on 08/29/2009 9:25:44 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: Cuttnhorse
"Posters like you are the reason I monitor FReep. Thanks for the excellent clarification."

Thanks for the encouragement. I'm afraid you're in the minority.

194 posted on 08/29/2009 9:26:38 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: Windflier
I only hope for God’s sake that they do not find Orly Taitz in Fort Marcey Park.
195 posted on 08/29/2009 9:28:30 AM PDT by Mr. Wright
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To: fabian

I agree. If there is a God in Heaven, I do not believe he will allow this fraud to remain in Office.


196 posted on 08/29/2009 9:31:33 AM PDT by Mr. Wright
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To: fabian

I agree. If there is a God in Heaven, I do not believe he will allow this fraud to remain in Office.


197 posted on 08/29/2009 9:31:37 AM PDT by Mr. Wright
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To: null and void
"Just who would have "standing"? "

Good question. To begin with, this "lack of standing" grounds for dismissal, is one of - if not THE - most abused procedural grounds that courts at all levels use. It needs to be addressed, not just for this case, but for all cases.

It really became en vogue during the 1960's when there were countless challenges to the constitutionality of the Vietnam war - all but one (I think) was dismissed for "lack of standing".

Standing usually means that a party has material interest in the case and the court can provide some sort of remedy or relief for the party. I know what you're going to say - Don't we all have an interest here, and can't the court provide a relief or remedy just by ordering Obama to show his long form BC? I would think so, but I'm not a federal judge. So, my opinion is just like yours in this matter - worthless.

198 posted on 08/29/2009 9:32:12 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: GreenLanternCorps
Ummmm. Did you happen to notice that you agreed that at birth, he wasn't a Natural Born Citizen?

Your entire argument is that his citizenship was indeed controlled by the laws of Kenya and Great Britain.

Therefore, although he is a US citizen by statute he is not a Natural Born Citizen. NBC's need no law to declare them citizens.

199 posted on 08/29/2009 9:33:19 AM PDT by null and void (We are now in day 220 of our national holiday from reality. - 0bama really isn't one of US.)
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To: OldDeckHand

” With that statement, and a Certification of Live Birth, Barack Obama will win any and all legal challenges, “

What expertise does Dr Fukino have to declare anyone a natural born citizen ?
She needed a year of tutoring after graduating from college to get into the local medical school,
she’s not board certified
and her niche area of practice has focused on the medical needs of native Hawaiians,
like diet, weight control, blood pressure management.
She also hopes to incorporate Huna,
the ancient Hawaiian healing techniques of chanting, herbs ,spirituality and plants into her medical practice.
I can find nothing in her published educational background to indicate she has ever taken a course on the Constitution
or authenticating documents .
Her two statements have been ambiguous , poorly worded and beyond her professional bailiwick.
And they are the linchpins of those who say she has vindicated Obama.
I imagine a half way decent plaintiff’s attorney could easily impeach her.


200 posted on 08/29/2009 9:34:05 AM PDT by Wild Irish Rogue
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