Posted on 08/02/2010 5:29:53 AM PDT by captjanaway
No, that document had absolutely no impact on that particular judge's decision. That judge - Land I believe, granted defendant's motion dismiss for one reason - plaintiff's failed to meet the requisite obligation of standing. That's it.
Land then goes on to editorialize about the case generally - as judges almost always do, irrespective of granting MTD - in what is known as "orbiter dicta" which is Latin legal phrase translated as "said by the way". Dicta has absolutely no precedential value, at all. That's why it's called editorializing.
So why is it required to swear an oath to the Constitution???
“I can't help but think that you came up with that feeling, because that it is how you would act.”
I can't help but think you didn't really read much of what I said. Either that or you're one of those who thinks being gratuitously and feebly nasty is a hallmark of the true conservative.
Why he waived his Article 32 rights is a mystery. If Lakin wants to build an appeal based upon ineffective assistance of counsel, there's a good place to start.
And they will with a blank face tell you that he certainly deserves that ongoing pay, no doubt!!!
We talked about this already. There was no news release statement from the health director that says that Obama was born in any hospital in Hawaii. The health director wrote in an e-mail that that she had consulted the Attorney General before making her statment to make sure she didn’t say anything wrong.
The publicly released statement says that Hawaii “has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures”. In no where in that statement does the health director say where the birth certificate was from, so my guess is that the the governor has no real clue.
People asked the AG’s office for info related to the public release. The attorney’s office stated that this would violate client’s right to secrecy. However, when someone sued based on the fact that all information related to public statements must be made public per Hawaii law, the attorney’s office immediately denied having contact with the health director on this matter. Either the health director lied or the attorney’s office did.
As one federal judge said: “A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly
disserve the public interest.
CONCLUSION
For the reasons previously stated, Plaintiff’s motion for a
temporary restraining order is denied and Plaintiff’s complaint is dismissed in its entirety. Defendants shall recover their costs from Plaintiff.“–US Federal District Court Judge for the Middle District of Georgia Clay D. Land in dismissing “Rhodes v MacDonald” September 16, 2009
Yup. We also have these PX lifers who do it by the book even though they lost their country to a coup in Nov 2008.
LTC Lakin is a hero. These other jerk wads would be doing by the book for King George back in 1776. This “ain’t” Korea where MacArthur disagreed with Truman. The kenyan muslim usurper is not Truman.
Now, now. There's absolutely no reason to interject common sense into this debate. Please, restrain yourself.
Yup. We also have these PX lifers who do it by the book even though they lost their country to a coup in Nov 2008.
LTC Lakin is a hero. These other jerk wads would be doing by the book for King George back in 1776. This “ain’t” Korea where MacArthur disagreed with Truman. The kenyan muslim usurper is not Truman.
“Please demonstrate how Mr. Obama has violated Article II of the Constitution. And don’t come back with something that you read on the internet.
Here’s something that you can do about this. Get your state to enact legislation requiring that candidates for President present evidence that they are eligible for the Office IAW Art II. When Obama fails to produce the evidence, refuse to put him on the ballot. He will sue to be placed on the ballot without producing evidence. Now, you are in business and can go into court and play show and tell. Short of that, you are just whistlin’ Dixie.”
I think you must be dreaming in La-LA Land or living out there where they grow potatoes, if you thing you are going to get them to do anything. I sent numerous e-mail, letters to Charlie Crist and his SoS on this subject. They never bothered to answer, not even with a computer form letter.!!!
My Congressman is Kendrick Meek, a staunch Soetoro fan, you think I would have any luck there???
But you could try this for a change!!!
In that book he wrote that he found his original birth certificate in a box.
The original that is on file at the Hawaii Department of Health is the only document that matters.
All any court will need is a notarized and sworn deposition verifying the following statement from the State Department of Health director.
For Immediate Release: October 31, 2008
STATEMENT BY DR. CHIYOME FUKINO
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawai‘i.”
Also the original birth document can be subpoenaed but thus far no one has sought a subpoena for it.
But don’t “underestimate” the former military “experts” here now playing JAGs part-time. They think that you just are a “birther” as they so eloquent calling most of us referring to the Constitution, hmmm!!!
<>No, that document had absolutely no impact on that particular judge’s decision. That judge - Land I believe, granted defendant’s motion dismiss for one reason - plaintiff’s failed to meet the requisite obligation of standing. That’s it.<>
No — it was Judge Robertson, the twitter judge in the Hollister Case who wrote in his opinion:
“The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court”.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=90955
What was presented to him from the internet influenced his decision by his own words.
That’s not an original birth certificate!
No, it didn't. Legal opinions can be dangerous things when read by people who weren't trained to understand them.
Again, different case, same set of circumstances. Just because a judge writes something in his opinion, it doesn't mean (necessarily) it's relevant to his decision on the matters of law before him/her. That case was dismissed by Robertson because plaintiff's failure to meet the requirements set forth in FRCP 12(b)(6), failure to state a claim upon which relief can be granted...
Whatever musings the judge offers up in addition to the legal reason he granted defendant's MTD, are just editorial comments.
Incidentally, in a per curium opinion by the DC Circuit, that dismissal was affirmed.
And....since WKA was found to be a "citizen", what that really means is that since it involves Barry O it was really supposed to mean WKA was a NBC and therefore Barry is one too.
Yup. You betcha toc!
/s
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