Skip to comments.Judge tosses out Army captain's complaint questioning president's birth.
Posted on 09/16/2009 9:22:01 PM PDT by Fizziks
U.S. District Court Judge Clay Land tossed out on Wednesday a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.
Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national birther movement, on notice by stating that she could face sanctions if she ever again files in his court a similar frivolous lawsuit a document that at one point the judge states that a middle school student could find irony in.
Probably not the last we hear about this, however.
I don’t understand why the so-called ‘Birthers’ are going after 0bama’s place of birth.
They would do far better to raise the question whether or not 0bama is eligible to be president as someone who has had dual citizenship, and whether or not he lost US citizenship at any point, or if his dual citizenship negates “natural born citizen” status.
An argument can certainly be made that the framers’ intent was that anyone seeking office of the President have citizenship and loyalty only to the United States of America (unless they were born before the adoption of the US Constitution.)
It appears the Bilderberg group has everyone in their pockets.
We still have hope in CA. Let’s pray that judge remains safe.
You mean upholding The Constitution is poison if you are part of the elites in control.
Hopefully Judge Carter, the Marine, will uphold his oath to The Constitution.
That's a good point, it was mccain’s and the RNC responsibility to demand prof of obumbers eligibility. But mccain just wanted to be civil, that is Bush's legacy. Normally one would expect the media to demand documents, but now we see that is only a tactic they use on pols they do not support.
I am ashamed that we have not one judge in this land that will stand up for the country.
Apparently, Sarah Palin feels the same way you do. Birthers who go on her Facebook page to post and question the constitutional validity of Obama to be POTUS were immediately banned. I went on there and posted, "The emperor has no birth certificate"... was ZOTTED immediately.
There was also ample opportunity for Soetero to produce some evidence that he is here legally. Shame some CIA guys couldn’t put their noggins together on this one.
“In his order, Land states in a footnote that Obama defeated seven opponents in a grueling primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.
It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought, Land says.”
Guess I should have included the entire quote.
That’s a good point, it was mccains and the RNC responsibility to demand prof of obumbers eligibility. But mccain just wanted to be civil, that is Bush’s legacy. Normally one would expect the media to demand documents, but now we see that is only a tactic they use on pols they do not support.
Who made it poison? Why be such a Scaredy Cat
Yeah. The Constitution is not worth the effort.
Strange. I wonder why? I would have thought Sarah would be willing to look at/consider the idea.
This is one of this otherwise stellar lady’s very few glaring shortcomings. If I had my druthers she wouldn’t even be calling the Bummer “President Obama” but only “Mr. Obama.” She accepts the popular status quo a bit more easily than is justified. She could well state that she doesn’t want her personal forums used for this debate without the need to zot her well-wishers. She has no more proof than you or I that Obama is the real McCoy.
Basically it’s the Twitter defense.
CLAY D. LAND is a candidate for impeachment but our corrupt government will not police itself.
The decision is a real bummer in that it punishes the plaintiff with the recovery of legal costs.
from the decision...
“Finally, Plaintiff has failed to establish that the granting of the temporary restraining order will not be adverse to the public interest. A spurious claim questioning the Presidents constitutional legitimacy may be protected by the First Amendment, but a Courts placement of its imprimatur upon a claim that is so
14 lacking in factual support that it is frivolous would undoubtedly disserve the public interest.
For all of these reasons, the Court finds that Plaintiffs
motion for a temporary restraining order should be denied.
CONCLUSION For the reasons previously stated, Plaintiffs motion for a temporary restraining order is denied and Plaintiffs complaint is dismissed in its entirety.
Defendants shall recover their costs from Plaintiff.
See Fed. R. Civ. P. 54(d).
IT IS SO ORDERED, this 16th day of September, 2009.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE”
The framers' intent was to keep Alexander Hamilton out of the office.
If anyone has a legal basis for some of the more creative legal theories that have been advanced, I'd love to see them. Otherwise, they are just following the liberals down the 'judicial activism' path.
The corruption runs very deep in this country. I wonder if it is even possible to save it.
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