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Judge tosses out Army captain's complaint questioning president's birth; Orly Taitz on notice
http://www.ledger-enquirer.com/news/breaking_news/story/841419.html ^

Posted on 09/16/2009 9:48:30 AM PDT by vikk

U.S. District Court Judge Clay Land today tossed out a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.

Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national “birther” movement, on notice by stating that she could face sanctions if she ever files a similar “frivolous” lawsuit in his court.

“(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States,” Land states in his order. “Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, [and] an unqualified imposter.’”

Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, argued that some facts point to Obama not being naturalized or possibly an illegal immigrant.

“This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president,” Rhodes’ complaint states. “This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.”

In his order, Land states in a footnote that Obama defeated seven opponents in a “grueling” primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.

“It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought,” Land says.

The judge adds that Congress hasn’t started impeachment proceedings against Obama, appears satisfied that he can hold the office and has rejected the suggestion he isn’t.


TOPICS: News/Current Events
KEYWORDS: birthcertificate; birthers; certifigate; orlytaitz; sourcetitlenoturl
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To: TADSLOS

Who is Barack Obama really, and who is helping cover his tracks?


Great post...

The answer to the last one....unfortunately, many people who would have classified as “conservative” are helping him cover his tracks....the ones like some of the posters on here....media types like Ann Coulter, Glenn Beck, and others who refer to Birthers as “nuts”

The sad part is that there are so many Obama Enablers on both sides....and makes you wonder why such attitude against people who are only asking for proof of his eligibility to be President


101 posted on 09/16/2009 11:03:37 AM PDT by UCFRoadWarrior (America is still great....no matter what Globalists, Communists, Anti-Birthers, Terrorists think)
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To: UCFRoadWarrior

LOL, now THAT’S a scary thought!


102 posted on 09/16/2009 11:03:47 AM PDT by thecraw (Follower of Jesus...American...Tennessean...Birther! You Betcha!)
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To: roaddog727
The case to which Orly was referring is the case in CALIFORNIA. Not this one in GEORGIA

There is a motion to dismiss the California case pending. Orly hasn't responded to it yet. (She has 4 more days). No eligibility case has survived a motion to dismiss yet.

103 posted on 09/16/2009 11:03:49 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: IntolerantOfTreason
So she previously felt unable to obey illegal orders from an illegal chain of command ... but now she’s fine following them, for some reason? Something tells me she’s not as principled as you.

She did her duty to determine if her CIC is legitimate. Judge Land just said that he is the legitimate CIC. Therefore Judge Land is now on the hook and he will face a higher court that will hold him accountable for his decision today.

104 posted on 09/16/2009 11:04:37 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: OldDeckHand
Do you happen to have a link for the ruling in this case? It's not in the Ledger-Enquirer story, from what I can tell. I would like to read it in its entirety. Thanks!

Yes: Opinion
105 posted on 09/16/2009 11:06:47 AM PDT by Sibre Fan
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To: Drew68

Although your point is credible....with all the skeletons in the Clinton’s closet....and the ACORN people....Obama would have had a field day with Hillary if she raised the BC issue. And, unlike conservatives, the media would have let Obama get away with bringing up Hillary’s baggage.

She had to keep her mouth shut. She was in checkmate with Obama


106 posted on 09/16/2009 11:11:25 AM PDT by UCFRoadWarrior (America is still great....no matter what Globalists, Communists, Anti-Birthers, Terrorists think)
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To: roaddog727
The case to which Orly was referring is the case in CALIFORNIA. Not this one in GEORGIA

Oops. I seem to have confused the case where Orly was promising to neutralize Obama by using the Heisenberg Compensator to depolarize subatomic fluctuations, with the case where Orly promised to crawl through the Jeffries Tube, and neutralize Obama with a stream of reverse tachyon particles.

My bad.

107 posted on 09/16/2009 11:19:11 AM PDT by Pilsner
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To: Pilsner

yep.

your bad


108 posted on 09/16/2009 11:20:51 AM PDT by roaddog727 (It's the Constitution, Stupid!)
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To: Aria
Very disappointed to hear Rush say this morning that he does not care where Obama was born.
109 posted on 09/16/2009 11:24:05 AM PDT by Churchillspirit (9/11/01...NEVER FORGET.)
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To: Churchillspirit

I have very little hope that this will pan out to be anything... whether he was born in Kenya, or not. The wheels of justice have a big wrench in them put there by the rats and others who don’t want a constitutional crisis or Obama embarrassed by whatever is on the long form.

Wonder if we’ll ever find out the truth. I hate the arrogance of Obama and his gang doing this to us.


110 posted on 09/16/2009 11:41:08 AM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: Genoa
Apparently Chester Arthur was also concerned about his father being a British subject and kept it secret until after he had served his term!

Μολὼν λάβε


111 posted on 09/16/2009 11:41:59 AM PDT by wastoute (translation of tag "Come and get them (bastards)" or "come get some")
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To: Uncle Chip
>Judge Land is now on the hook and he will face a higher court that will hold him accountable for his decision today

Is he on The List
to be taken away by
UFOs at night?

112 posted on 09/16/2009 11:42:08 AM PDT by theFIRMbss
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To: DoughtyOne
"His comments about monies spent by Obama’s Democrat opponents, and the $85 million McCain had at his disposal can’t be taken any other way than to depict Obama as an underdog."

He wasn't depicting Obama as an underdog. He was illustrating that Obama has had multiple well-funded opponents during his campaign that presumably had access to a wellspring of opposition research available on Obama. And, none of those opponents voiced ANY concerns, let alone substantive concerns about Obama's eligibility based on facts, not conjecture and supposition.

That fact, added to the absolute absence of any evidence presented by Orly in her pleading speaks volumes about the merits of this case, or so this court (and several others) found.

The citation by land of the campaign opposition war-chests had nothing to do with Obama has an "underdog". You should read the decision.

113 posted on 09/16/2009 11:46:16 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: Uncle Chip
Judge Land is now on the hook and he will face a higher court that will hold him accountable for his decision today.

Do you really think Rhodes will appeal?

114 posted on 09/16/2009 11:55:14 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Smokeyblue; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; ...
Thanks, Smokeyblue.

The site pests are here, too.

Image and video hosting by TinyPic

115 posted on 09/16/2009 11:58:50 AM PDT by LucyT
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To: theFIRMbss
Is he on The List to be taken away by UFOs at night?

No -- he just returned from one of those trips over the weekend as evidenced by his statement that "it would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought”.

His imagination is getting the better part of his logic.

116 posted on 09/16/2009 12:01:31 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Lurking Libertarian

An Appelate Court is not the court I was referring to.


117 posted on 09/16/2009 12:03:41 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Lurking Libertarian

Gary Kreep has responded.


118 posted on 09/16/2009 12:04:05 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: mnehring; Lord_Baltar

There is one school that thinks it does not list SAD as the mother. Wouldn’t that be fun!


119 posted on 09/16/2009 12:08:10 PM PDT by mad_as_he$$ (Nemo me impune lacessit The law will be followed, dammit!)
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To: Lord_Baltar

“Yeah, start throwing around the word Bastard, my FRiend, and those of us that fall into that category might not be all to pleased...”

Then perhaps you should take your issue up with your mother. You are what you are due to no fault of your own.


120 posted on 09/16/2009 12:08:48 PM PDT by Saltmeat
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