September 17, 2009Capt. Connie Rhodes asks for Judge Clay Land to reconsider; attorney Orly Taitz involved
BY ALAN RIQUELMY - ariquelmy@ledger-enquirer.com
Army Capt. Connie Rhodes, who unsuccessfully petitioned a federal court to stop her deployment to Iraq by arguing President Barack Obama can’t legitimately hold the office, has asked U.S. District Court Judge Clay Land to reconsider his Wednesday ruling.
The emergency request for stay of deployment and request to amend the judgement was filed Thursday on behalf of Rhodes by attorney Orly Taitz — a national figure in the “birther” movement.
In her Sept. 4 complaint, Rhodes argued that some facts point to Obama not being naturalized or possibly an illegal immigrant. She said she couldn’t be lawfully compelled to obey a de facto president’s orders.
In a Wednesday order Taitz called “sarcastic” and “biting,” Land denied Rhodes’ request and told Taitz she would face sanctions if she ever again filed in his court a similar frivolous action.
“Plaintiff avers that there is increasing evidence that the United State District Courts in the 11th Circuit are subject to the same illegitimate chain of command which plaintiff has previously protested in this case...” Rhodes’ Thursday filing states.
Rhodes claims in her Thursday filing that Land denied her Fifth Amendment right to due process of law by not letting her file a response to the government’s motion to dismiss. Also, Rhodes had no meaningful access to the courts because Land’s ruling didn’t address any of her arguments, the request states.
In his ruling, Land said Rhodes had no credible evidence and made no reliable factual allegations that would support her unsubstantiated claims that Obama can’t serve as president. Instead, Rhodes used her complaint for political rhetoric and call Obama “an illegal usurper” and “unlawful pretender,” the judge writes.
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