Posted on 12/26/2009 4:27:01 AM PST by Man50D
AGJ comment: we spilt the Motion up into the key parts so our readers could quickly see what Orly is asking Judge Carter to agree to.
AGJ comment: The US Attorneys representing Obama said Carter could not hear the case BECAUSE of Jurisdiction. They maintained that only a court in Washington DC could hear the case because Obama resided in Washington. Orly agreed! — Wow!
AGJ comment: Bottom line, Orly made a brilliant move. By agreeing to what Obama’s Attorneys argued for they cannot now go back on their request. Orly in effect called their bluff. Now the case should rightfully move to Washington DC. If Judge Carter tries to deny the Motion he will lose complete credibility with the court and be subject to appeal — If Carter rules in favor of the Motion it is an important win for our side — Obama is still in the “hot seat” and Orly deserves a lot of credit for hanging in there — In our humble opinion.
One Response to “Orly Taitz - Motion to Transfer Carter Case to Judge Lamberth in Washington DC”
1. French Canadian Says: December 26th, 2009 at 3:34 am
Go Orly, go! This is one tenacious woman!
“Victory belongs to the most persevering”. Napoleon Bonaparte.
JB Williams
Canada Free Press
http://canadafreepress.com/index.php/article/12999
(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.
(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.
(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..
Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999
___________________________________
A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:
Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.
Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.
She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!
She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880
Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.
So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots on FR don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.
http://www.youtube.com/watch?v=wcChG5pRTOE&feature=player_embedded
The minute Obama heard that Orly Taitz was making one more in an apparently infinite series of boneheaded plays no competent lawyer takes seriously, he flew into a panic and dispatched us to Free Republic, where the fate of his Presidency hangs in the balance.
And while you're lugging around that Penguin Dictionary of Psychology, how about looking up the word delusion? Honestly, people, at this point Orly's track record speaks for itself. I mean, sure, maybe a beaker full of lime Jello and some after dinner mints is the key to cold fusion, but sane people don't bet on it.
Would you have had us rush to rally behind Custer at the Little Big Horn simply because he wasn't afraid and showed determination?
Go back to DU.
You’re not making any headway here.
We’re on to the Obots here.
I hate to be blunt, but I don’t think you’re on to much of anything. But if delusion comforts you, be my guest.
Instead of sarcastic remarks, have you seen others out there to step up to the plate???
Not stepping up to this particular plate is a sign of wisdom.
A simple question, honestly, - is the usurper's dual citizenship a silly conspiracy theory?
Is to follow and demands the Constitution's presidential requirements a silly conspiracy??
Is the biggest political scandal and voter fraud quite silly conspiracy theories???
As it legally stands now—yep.
“Is to follow and demands the Constitution's presidential requirements a silly conspiracy??”
Legitimate ones, no. This two-citizen parent stuff (which all legal authorities knew Obama didn't meet before the election) — double yep.
“Is the biggest political scandal and voter fraud quite silly conspiracy theories???”
As yep as it gets. Pure paranoid conspiracy nonsense.
““The definition of insanity is doing the same thing over and over again and expecting different results.” - Albert Einstein. “
I guess if Thomas Edison had listen to you and Albert ( not always right you know ) Einstein, then, Thomas Edison would have never experimented over 6000 !!! with a carbon filament until he got it right.... and those who have persisted in great achievements would have just given up upon your great ( failed ) wisdom...”
Well, actually, Edison didn’t run the exact same failed experiment thousands of times. That would have been insane. He was varying the parameters, which is what science does.
She can't re-litigate, forum shop or resurrect any part of Barnett v. Obama, including Quo Warranto, which was specifically dismissed by Judge Carter in Part C of his October 29 order, Pages 25-26. The only recourse she has is an appeal in the 9th Circuit, and her chances of winning on appeal are non-existent, given the pathetic quality of her case, her non-existent legal skills, and the fact that her appeal (if she manages to file one) will most likely be joined to that of Kreep's, whom she detests as a rival.
If she wants to file Quo Warranto, she needs to do so as a new case (which the DOJ also argued) but, as Carter wrote, "Should a person other than the Attorney General of the United States or the United States Attorney wish to bring a quo warranto claim, that person must receive leave of court to do so. D.C. Code §§ 16-3502. This leave of court must be granted, according to the text of the statute, by the District Court for the District of Columbia."
And, as Carter noted, "The Complaint recognizes that the District of Columbia would be the appropriate district in which to bring this writ, but alleges that bringing this request to the United States District Court for the District of Columbia would be futile because the United States Attorney is biased and Judge Robertson within that district had already rejected a similar case in which President Obama’s qualifications were challenged. Compl. ¶¶ 32 - 35."
So, in effect, he told Orly to follow the law and go bang her head against the DC court's wall, which she doesn't want to do.
It is worth keeping in mind the words of U.S. Supreme Court Chief Justice John Marshall when he wrote in Cohens v. Virginia 19 US 264 (1821):
“It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.”
Well, they have these things called elections, at regularly scheduled intervals. Rather than being a political Walter Mitty, sitting holding your wife's purse and dreaming grandiose dreams, you could get involved in retail politics.
Run for precinct chair. Read up on election law. Real election law, not something Orly has anything to do with, and volunteer for the Republican Ballot Security Committee in your area. Take a couple of days off work, and serve as a poll watcher during early voting. Volunteer to help the Republican sign committee, or the committee that transports elderly/handicapped voters to the polls. And if those commutates don't exist in your neck of the woods, organize one, and recruit some volunteers.
Helping Orly Taitz isn't a serious act -- period. It is like helping Walter Mitty go out and buy a P51, and ranting that the Feds are part of a gigantic conspiracy to save the Luftwaffe from Walter Mitty, because he can't figure out how to get the BATF to allow him purchase 8 Browning .50 machine guns, and the FAA says he can't install them even if he buys them.
Freepers! Don't be Walter Mitty. Get involved and do something useful.
Thanks for the more detailed explanation and confirmation of my impressions.
Her only plaintiff with possible quo warranto standing seems to be Alan Keyes. Orly seems to be incapable of framing a proper legal filing that a judge can rule on and then she insults the judge when he calls her on it. She needs to step back and refer Keyes to competent local DC counsel for the quo warranto.
For the 9th Circuit appeal, I hope she defers entirely to experienced appeals counsel who could argue the part of the case involving only Keyes where Judge Carter viewed the decision as so evenly balanced that he “hadn't made up his mind” even after the Oct 5 hearing.
Kind of fascinating to watch this as a lawyer myself. There's just such fundamental misunderstanding of what the court system is and how it works.
Imagine a chemical manufacturing plant. It's not designed to take in just any old feed stock. It can only do a limited number of things for obvious reasons. As you try and broaden the scope of what can be input and still get your product, your plant becomes so large, so expensive, and so complex that it's simply not viable to operate.
Courts are the same way. They're not Soloman or Judge Judy just letting anyone come in to bicker in front of them. They are designed to handle specific types of issues/ideas in conflict, framed in specific ways to be amenable to processing. Just like the chemical plant described above takes only certain feedstocks. That's why lawyers spend so much time in school. They have to be experts in what types of issues/ideas can be meaningfully presented to a court. Same as the engineers in that chemical processing plant are experts in what their process can actually do.
It's obvious that Orly is in way over her head. Based on the filings she's made in this case, she is incompetent. If she was an equivalent engineer running that chemical plant, it would blow up and kill people. Conservatives are supposed to value competence and hard-earned skill. Judge Land is a conservative Republican from Georgia. His decisions have been legally correct, and they are obviously so to anyone competent in the subject matter. To be so emotionally invested in this doomed case that Land is automatically a traiterous fool simply for issuing correct legal opinions is to willfully embrace delusion.
Lawyers are trained to be objective about fact and procedure. Orly seems incapable of either. Her filings in this case are not professional. They are no more than garden variety, pissed off, end-of-the-bar ravings. They are laughable (or cringe worthy) to any competent attorney not blinded by wishful ideology. She's going down hard, and she deserves it. The courts have an important role in our society, and they don't have the time or the resources to waste on ravings.
If you want to hope she succeeds, by all means do so. But please try not to become so invested in Orly Taitz that when her inevitable failure occurs, you denigrate the court system of this wonderful country for properly doing its job.
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tired_old_"conservative"(?) = the "AFTER-BIRTHER."
Since you joined in October you have NOT contributed to anything that resembles a Conservative here on F.R., except for a 24/7-monitoring and jumping in to dispute - (disrupting/spamming tactics aka Alinsky/Cloward-Piven strategy) - toward anyone who have brought up Dr. Orly Taitz and your pal, - the illegal alien and usurper's, - B.C. and other sealed records, or mentioned the Constitution's requirements. You have posted 205 times, in less that three (3) months ONLY on this subject, NOTHING else!
You have not shown any more to be a Conservative than my white cat "Snowman"!!
As a "lawyer" yourself and the way you have been posting there is no doubt that you are a planted mole under the disguise of being a 'Conservative"(?) You are definitely getting your orders from the W.H. counsel Bob Baur (the husband of "MAO" Anita Dunn) together with a handful other "employed" that shows up here 24/7. The W.H. must be proud of you!!!
I guess I should post about health care some, but I've considered it a foregone conclusion for months that the Democrats will pass something without the name “public option”, all this carrying on amongst them notwithstanding. Wrote letters to my Democratic representative that I'm sure were ignored. Alas, elections do have consequences. That's why it would be nice to win the next one, a goal this birther stuff isn't helping.
I certainly stand by that post you dredged up. It's both lucid and polite, and doesn't presume that parroting the name Alinsky makes me clever.
“As a “lawyer” yourself and the way you have been posting there is no doubt that you are a planted mole under the disguise of being a ‘Conservative”(?) You are definitely getting your orders from the W.H. counsel Bob Baur (the husband of “MAO” Anita Dunn) together with a handful other “employed” that shows up here 24/7. The W.H. must be proud of you!!!”
This kind of stuff both fascinates and depresses me. Do you really believe it? Do you really think anyone in the White House gives a flip what is on these threads, let alone is paying people to monitor them and offer comments? I'm just standing up for rationality. Conservative rationality in particular.
By the way, is that MAO supposed to be the actual Mao, or is it another one of those secret hand shakes you guys have?
Albert dealt with a universe full of constants.
Political environments are ones in which there is either a grounding in moral absolutes or constant change. Because of the latter, no experiment can be completely duplicated, especially in a court.
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