Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge tosses out Army captain's complaint questioning president's birth.
http://www.ledger-enquirer.com/news/breaking_news/story/841419.html ^

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.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: birthcertificate; birthers; certifigate; connierhodes; orlytaitz
Navigation: use the links below to view more comments.
first 1-2021-4041-51 next last

1 posted on 09/16/2009 9:22:01 PM PDT by Fizziks
[ Post Reply | Private Reply | View Replies]

To: Fizziks

bummer

Probably not the last we hear about this, however.


2 posted on 09/16/2009 9:25:12 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fizziks

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.)


3 posted on 09/16/2009 9:27:50 PM PDT by counterpunch (In this present crisis, government is not the solution to our problem. Government is the problem.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fizziks

It appears the Bilderberg group has everyone in their pockets.

We still have hope in CA. Let’s pray that judge remains safe.


4 posted on 09/16/2009 9:28:34 PM PDT by humble and shy (Taking our country back, one corrupt politician at a time)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fizziks
Are you kidding?? No one is touching this, Birther stuff is poison.
5 posted on 09/16/2009 9:30:08 PM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
[ Post Reply | Private Reply | To 1 | View Replies]

To: sickoflibs

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.


6 posted on 09/16/2009 9:34:44 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Fizziks
“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.

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.

7 posted on 09/16/2009 9:39:57 PM PDT by JoSixChip (The only thing broken in this country is the government.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fizziks

I am ashamed that we have not one judge in this land that will stand up for the country.


8 posted on 09/16/2009 9:40:50 PM PDT by Rocketwolf68 (Bring back the crusades)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sickoflibs
Are you kidding?? No one is touching this, Birther stuff is poison.

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.

9 posted on 09/16/2009 9:42:44 PM PDT by dit_xi
[ Post Reply | Private Reply | To 5 | View Replies]

To: JoSixChip

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.


10 posted on 09/16/2009 9:45:34 PM PDT by Rocketwolf68 (Bring back the crusades)
[ Post Reply | Private Reply | To 7 | View Replies]

To: JoSixChip

“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 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.


11 posted on 09/16/2009 9:46:24 PM PDT by JoSixChip (The only thing broken in this country is the government.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: sickoflibs

Who made it poison? Why be such a Scaredy Cat


12 posted on 09/16/2009 9:47:48 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
[ Post Reply | Private Reply | To 5 | View Replies]

To: sickoflibs

Yeah. The Constitution is not worth the effort.


13 posted on 09/16/2009 9:53:12 PM PDT by Goreknowshowtocheat
[ Post Reply | Private Reply | To 5 | View Replies]

To: dit_xi

Strange. I wonder why? I would have thought Sarah would be willing to look at/consider the idea.


14 posted on 09/16/2009 9:57:16 PM PDT by Humal (`)
[ Post Reply | Private Reply | To 9 | View Replies]

To: dit_xi

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.


15 posted on 09/16/2009 9:59:53 PM PDT by HiTech RedNeck (Unashamed Sarah-Bot.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: JoSixChip

Basically it’s the Twitter defense.


16 posted on 09/16/2009 10:01:18 PM PDT by HiTech RedNeck (Unashamed Sarah-Bot.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Fizziks
frivolous lawsuit

That grates on me - frivolous.
17 posted on 09/16/2009 10:01:29 PM PDT by presently no screen name
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fizziks

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 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
14 lacking in factual support that it is frivolous would undoubtedly disserve the public interest.

For all of these reasons, the Court finds that Plaintiff’s
motion for a temporary restraining order should be denied.
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.

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”


18 posted on 09/16/2009 10:18:45 PM PDT by UnChained (DNC slogan: "You can fool some of the people all of the time, and that's good enough")
[ Post Reply | Private Reply | To 1 | View Replies]

To: counterpunch
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.)

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.

19 posted on 09/16/2009 10:31:39 PM PDT by PAR35
[ Post Reply | Private Reply | To 3 | View Replies]

To: Rocketwolf68
"I am ashamed that we have not one judge in this land that will stand up for the country."

The corruption runs very deep in this country. I wonder if it is even possible to save it.

20 posted on 09/16/2009 10:38:15 PM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-51 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson