“No, actually. He says that the Judiciary “can participate,” but that would be only in the sense of (theoretically) finding that Obama fraudulently posed as a natural-born citizen.
“However, and this is a big however, such a ruling can ONLY be made in the context of a non-frivolous claim that Obama’s actions actually violate the constitutional rights of the plaintiff.”
r9etb:
You are correct about “participate in removal” as opposed to straight “removal” (a distinction without much difference if standing for discovery is granted Keyes and Obama is actually hiding something in HI) but you appear to be wrong about any need for Obama to have acted intentionally or fraudulently.
Land said:
“But it is clear that the Constitution does not contemplate that the judiciary will participate in the selection or removal of the President, unless an individual can clearly demonstrate that his individual constitutional rights are somehow violated by the process.”
Land said “by the process” not by intentional fraud. The process could be a flawed vetting process that allowed either an innocent ineligible candidate or an intentionally deceptive candidate to become president. An individual's rights to a fair election could be constitutionally violated either way, apparently giving standing and justiciability according to Land.
I think Judge Land is giving a big message to Judge Carter here that if Carter is inclined to grant Keyes standing, Land was fine with that and Carter won't be out there alone. Land didn't need to make this comment on a hypothetical situation that was not before him in a sanctions order, but he went out of his way to make it.
I think you're reading into Land's statement what you want to hear. For one thing, anything Carter decides is far outside Land's jurisdiction. There is nothing in this long and entertaining sanction of Orly Taitz that has any value as a precedent for subsequent lawsuits.
For another thing, Land was telling Orly Taitz what a real lawyer would have tried to argue ... "so hand over the $20k and STFU."
It is simply impossible to break through some folks' fantasies. I don't think Judge Land could have used a bigger hammer than he did, but even so he obviously has failed to dent the preconceptions of a few true believers.