Posted on 10/16/2009 6:27:11 PM PDT by South40
Obama birthplace lawyer can be handful for the judges hearing her cases.
U.S. District Judge David O. Carter has been presiding patiently over Mission Viejo lawyer Orly Taitz's effort to oust Barack Obama from the presidency on the allegation that he was born in Kenya.
Carter's kept his cool while Taitz failed to serve Obama's lawyer with her complaint, attempted (and failed) to dismiss two of her clients, attempted (and failed) to have a magistrate judge removed, and attempted (and failed) to have a witness testify during an administrative hearing.
She also had 40 to 100 of her supporters call Carter's Santa Ana office daily to encourage him to rule in their favor. Carter responded by simply telling Taitz to knock it off.
But even judges can run out of patience, as U.S. District Judge Clay D. Land demonstrated with Tuesday's $20,000 fine of Taitz for misconduct, issued along with a scathing, 43-page sanction.
(Excerpt) Read more at ocregister.com ...
Ping
“Santa Ana’s Judge Carter is considering the same constitutional issue in a motion to dismiss, which he heard arguments for on Oct. 5. Among those predicting dismissal is the conservative dean of the Chapman School of Law, John Eastman, who remains unconvinced that Obama’s birth documents are valid but believes it’s a matter for Congress, not the courts.”
“The basic idea is that interpretation of the qualifications for the presidency is a political – rather than legal – issue.”
“It’s called the political-question doctrine,” said Eastman, who specializes in constitutional law. “The regulation of qualifications are assigned to Congress.”
IMHO, Eastman has a valid point.
Orly Taitz being fined must be the only good news that the administration and their supporters has right now. This seems to be posted on FR every day.
OK, FR birthers. Fess up! Which one of you is this?
So the only way to fix it would be an impeachment...?
And it’s not like she doesn’t have rich donors who will pay it for her.
If it had been FReepers, there wouldn’t be any fancy ass punk “fisticuffs.” There would be a challenge to a duel of pistols at 60 paces.
Isn’t it ironic how activist judges who like to legislate from the bench never defer because of a “political question”, but conservative jurists and scholars respect the power of the other branches of government.
Two different sets of rules in play. And the results are more and more predictable.
I've been a closet Obama supporter since the day he spoke at the 2004 democRATic convention...but no one's ever noticed. Congratulations, you've figured me out. /s
I know you’re just the messenger.
You got sucked in with all that hope and change stuff. ;}
They have hope we got the change.
Maybe the taxpayers can give her a bailout too when this is all over.
That would be an ace in the hole for Obama if it was impeachment. They would do exactly what they did for Booba Clinton. Impeach him; but allow him to stay in office.
Kind of defeats the purpose; doesn’t it?
And what happens if Congress should fail perform their duty? Is there no recourse?
No. There has to be a final arbiter for everything. In this case it is not the courts, it is Congress. Sometimes when the last word is given, you don't win. You don't get a guaranteed outcome.
And when they came for me.....
Political Question Doctrine???
I thought the supreme court would decide what a natural born citizen was. That is not an issue that congress can change or decide. It is a stoic, unwhimsical concept that doesn’t change. You don’t “Regulate” natural born citizenship. It is what it is.
illegal use of social security number(s)
receiving foreign aid illegally
perjury
Surely there is a far out legal theory that allows the people to investigate possible crimes and punish them if proven guilty?
What a load of horse shit.
I’m stunned that all these a—holes would allow this to continue on a collision course no less. Disappointment beyond belief is how I feel and I think SCOTUS, Congress and every politician should hang their head in shame then rise up to make it right.
Like Hell I know.
Land the rear end of a donkey never showed any patience but all vitriol.
http://www.freerepublic.com/focus/f-news/2364050/posts?page=6#6
http://www.nigerianobservernews.com/4112008/4112008/news/news1.html
Are you suggesting that Congress doesn't have the power to amend the Constitution? What do you mean Congress can't change or decide the meaning of natural born citizen?
I tried to bite him on the leg
I kind of took it he was putting the author down, as opposed to the poster... Unless you are both?
The courts are one of three equal branches of government. They have certain delegated functions, just like the other two. They are not masters.
When a function is delegated to another branch the courts cannot assume that role. Courts can't declare war, pass a budget, tax, command the miltary or any other function delegated to another branch.
The roles relating to the selection, validation, and removal of a President are specifically assigned to Congress, not the courts.
Go ORLY GO!Don’t let the bastards wear you down!
obama is an illegal alien and was never elected!
Everyone that voted for it cast an illegal vote.
However, the law(s) governing the removal of a President appears to designate and demand that a motion to remove a President be filed with the D.C. District Court. (Though some argue there are exceptions).
So what!?
Judge Carter can carry the case forward NOT TO REMOVE Obama but to EXAMINE THE ELIGIBIITY of Obama to hold the office.
Having put this charge in front of a jury, if the decision is that Obama is not (was not) eligible THEN THAT decision can be filed in D.C. for the next phase of removal.
The evidence that would sway a jury would then probably be irrefutable for the D.C. Courts.
And Irrefutable for the American people SPECIALLY our military.
The subsequent chaos everyone fears would be n worse than what Obama is doing to us anyway, just a bit swifter and so would then be the resolution.
Instead of our country gradually choking to death at the hands of Obama’s destructive, often perverted and mostly Communist Islamic policies, edicts through his czars, events would resemble an invasive surgery (as in advanced cancer cases) and we WOULD SURVIVE instead of certain death if he remains in a position of power.
The spreading Obama cancer is fatal, no question about it.
I hope Judge Carter reads this and follows up on a purely evidentiary case without an aim at the outset to remove Obama. That would follow almost automatically if the evidence is enough to persuade a jury.
AND he would NOT be breaking the perceived, though not necessarily accurate claim of law by Obama lawyers as to his standing.
Just because a handful of birthers think this is an issue that must be defined doesn't mean anyone else does, much less the courts.
The Chief Justice of the highest court in the land swore in a man with a foreign father into the Office of the Presidency. They are under no obligation to provide further clarification in the matter.
that’s exactly what i mean. congress proposes amendments to the constitution, the states ratify them. the states have never allowed tweaking/changing/etc. natural born citizen determination and i believe congress has tried about 20 proposals regarding this subject. is that right?
| the President is not human I would not suspect “birthers” of this. Obama’s Liberal base hate and distrust him more than anyone else. They see his lies, too. It's just that their political future is tied to Obama — and are propping him and his failures up because they've vested so much in a man they know so little about.
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He isn’t president if he ain’t eligible.
Because of her, the story itself is gaining legs.
He’s the resident, not the president.
http://www.freerepublic.com/focus/f-news/2364050/posts?page=6#6
http://www.nigerianobservernews.com/4112008/4112008/news/news1.html
“Are you suggesting that Congress doesn’t have the power to amend the Constitution?”
Read the Constitution much?
“What do you mean Congress can’t change or decide the meaning of natural born citizen?”
Congress can not change OR decide the meaning of natural born citizen. There. Is that more understandable?
Article V of the Constitution spells out the processes by which amendments can be proposed and ratified.
•Two-thirds of both houses of Congress vote to propose an amendment, or
•Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.)
So, NO! the Congress can NOT amend the Constitution. It can PROPOSE an amendment, but it must be ratified by three-fourths of the state legislatures OR by ratifying conventions in three-fourths of the states approve it. This method has been used only once — to ratify the 21st Amendment — repealing Prohibition.
The Supreme Court has stated that ratification must be within “some reasonable time after the proposal.” Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a “reasonable time” might extend.
Of the thousands of proposals that have been made to amend the Constitution, only 33 obtained the necessary two-thirds vote in Congress. Of those 33, only 27 amendments (including the Bill of Rights) have been ratified.
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Statements that DO NOT illicit a response from the FR Eligibility Troll: Obama is a corrupt liar - no response Pelosi is a corrupt liar - no response Reid is a corrupt liar - no response Obama, Pelosi & Reid are trying to Socialize the US - no response The MSM are corrupt liars - no response The MSM backs Obama and his agenda - no response ALL of them are CORRUPT and WOULD DO WHATEVER IS NECESSARY to keep Obama & the Democrats in power - no response
the 14th Amendment says ... in Wong Kim Ark ... Black's Law Dictionary defines “citizen” as ... Orly is nuts ... Vattel was not a founding father ... THAT reporter was WRONG ... I voted for McCain ... You're racist ...
 "Obama supporters have consistently shown irrational passion to defend Obama from what they claim are ridiculous charges." |
Thanks for the ping!
Hope you do not mind being quoted anonymously for the article your comment triggered.
http://noiri.blogspot.com/2009/10/not-quo-warranto-removal-not.html
Because the Presidential candidate had to qualify in all fifty states, Quo Warranto fits all fifty states because that is where he serves, albeit illegitimately. All that needs be happen is open discovery permitted in Carter's court. If criminality is uncovered, Judge Carter can allow the collected evidence to be used in a DC quo warranto.
But it would not come to that because as soon as discovery brings forward damaging evidence, the criminal enterprise democrat party will quickly move to congressionally take charge of Barry Soetoro's outsting, to cover their complicit behinds.
Bumping a great.. and truthful post.
I like her spunk and wish her success. I really don’t give a goat’s hind leg about her finesse...
Wasn’t the so called “swearing in” tainted? I recall there was a re-do which also was not correct?
Well done!
Obama Kenyan Born June 27 2004 article in Kenya Sunday Standard newspaper, Internet scrubbing, AP article, Way back machine, Internet archives, Obama born in Kenya, Obama not natural born citizen
http://citizenwells.wordpress.com/
http://www.theobamafile.com/
LOL Spot on!
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