Posted on 09/16/2009 3:45:24 PM PDT by Hawk720
U.S. District Court Judge Clay Land tossed out on Wednesday 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 again files in his court a similar “frivolous” lawsuit — a document that at one point the judge states that a middle school student could find irony in.
“(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.’”
Judge Land's court ruling 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.
(Excerpt) Read more at ledger-enquirer.com ...
Somebody buy that judge a bib.
Uh, try coming into the US and telling the customs agents that the burden of proof is on them to show that you are not a citizen.
Bought and paid for....according to the judge.
“Finally, in a remarkable shifting of the traditional legal burden of proof, plaintiff unashamedly alleges that defendant has the burden to prove his ‘natural born’ status,” Land states. “Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles.
***
I guess the judge has never heard of a writ quo warranto ...
AS ANY FIRST-YEAR LAW STUDENT HAS ...
History rewards those that are right. Joan of Arc, for instance, was canonized by a religion that previously burned her at the stake.
No writ of quo warranto was sought in this case, and the plaintiff was not someone entitled by statute to seek one.
He won. Get over it.
*sigh*
So, he reprimands counsel for her political rhetoric and then winds up his notes with some empty political rhetoric!?!
He’s our President and we all will reap the pain he inflicts upon us
No, in context he uses those figures to argue that if there were any doubt about Obama's eligibility, it could have been brought up during the election.
Please, please tell me Orly did not quote an AOL poll as evidence of her claims.
This is exactly the same thing as happened with Mr. Hemenway in the Second Circuit. The same charge of “frivolous”, the same warning about sanctions. Well, Mr. Hemenway did the judge one good by pointing out that if he was sanctioned then he was entitled to see the document for exoneration. The judge backed off.
But now, it looks like Capt. Cook is forced to face court martial to get the document released. Tough call.
obamas lawyers were there yesterday
Who is?
What does the cost of the campaign have to do with anything? This judge is doing anything he can to make a point of ridiculing the political nature of the case... and in doing so, he is showing his own political bias.
why is the judge makeing a pro abama statement in this ruling?
Did they offer the judge a job?
looks like
It is the same kind of empty political rhetoric. It is meaningless and non-sequitur.
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