Posted on 09/17/2009 3:26:27 AM PDT by dixiedarlindownsouth
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 Barack Obama’s presidency. 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.
(Excerpt) Read more at ledger-enquirer.com ...
If the Suborning perjury charge is real, I’m done watching this story.
File it, and then appeal the sanctions.
Where did you see that charge?
IMO, the judge is being very presumptuous.
(Judge Clay) has presented no credible evidence and has made no reliable factual allegations to support his unsubstantiated, conclusory allegations and conjecture that President Obama is eligible to serve as president of the United States.
I’m no lawyer but doesn’t the Judge say, in essence, that 0bama had no responsibility to prove that he was a natural born citizen and the burden of proof rested elsewhere?
Yet when his eligibility is questioned (elsewhere) then the questioner is told to shut up and go away?
WTF?
Everything the judge said to dismiss the case is completely irrelevant and has no evidentiary bearing on the issue before the court! WOW!
Because you can never have enough posts about the same story...
““Finally, in a remarkable shifting of the traditional legal burden of proof, plaintiff unashamedly alleges that defendant has the burden to prove his ‘natural born’ status,” Land states. “Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles.””
Yet another serious rebuke of Taitz’s legal skills. She should not be using members of our armed forces for her inept legal manuevers!
Appeals courts won't touch it until lower courts have rules. Since it's been tossed all she can do is buff it up and file it again in a different court with a different sucker as plaintiff.
This Judge can only pretend or declare that there is no substance in the complaint, and tell us to move along. But many are wondering how one can be declared a "natural born" citizen if one parent was not a citizen of the USA? Or, is it, that we no longer care about our Constitution?
If this country had real journalists they would address any number of issues raised instead of attacking people who dare to question. There were a number of ways to secure a birth certificate in Hawaii in 1961. The primary one is the long form that identified the hospital and attending physician. But if the child was not born in a hospital the applicant could still make a declaration and secure an equivalent to the long form as a Certificate of Live Birth. In this case there might not be a hospital or attending physician. The legal requirements for this avenue to acquire a Hawaiian Certificate of Live Birth were "loose" at the time.
Taking a look at the long form would clarify whether Mr. Obama was born in a hospital in Hawaii or elsewhere in Hawaii. Of course the possibility exists that a close relative could have secured a Certificate of Live Birth for Obama even though he was born elsewhere. Many people just do not know. They would like to feel assured that all is well and in order in this case.
The real story is the lack of openness by our President in connection with school records, college writings, applications, and sources of funding, not to mention his original certificate of live birth.
Judges, politicians, the state controlled media can all foam and the mouth and demand that these questions go away, but there appears to be substance in the questions and they will not go away, will they?
what about the case under review in California, how does this affect it?
Not at all, directly. That case is moving along. There is a hearing on the motion to dismiss scheduled for October 5th. Plaintiff's responses to the motion are due to the judge in writing next Monday. The other counsel in the matter, Gary Kreep, has filed his response but Taitz has not. I guess she's too busy running around the country getting cases thrown out of court. The danger is that unless she files a response that's tantamount to conceding to the defense's argument.
thanks for the info. I’m sure she won’t drop the ball. If nothing else, at least it is drawing more attention to a situation that needs looking into. Here in Denver, it has been on local talk radio for quite some time. In fact, we are getting 4 “where’s the birth certificate?” billboards soon.
Members of the military are well aware of these suits. They have committed their lives to defend us, and officers, to protect and defend the constitution. A commander in chief who won't answer questions about his eligibility should not be obeyed. Officers have a duty to insure the legitimacy of orders. The birth certificate, since it and other records have been concealed, is one mechanism to force discovery, where the natural-born citizen issue must be resolved. Obama, of course, cannot meet the “citizen parents” requirement.
Corruption is rampant through much of our government. Judgeships have become political patronage rewards. Taitz won't stop because Obama is a figurehead for the corruption, whether called Socialism or Communism, and grew up with that corruption in a city known for its pogroms. We will remember Judge Clay Land. The attempts to find honesty and courage in the legal system have just begun. If they become futile stronger resistance will become necessary, so let's hope there remains an honest judge or two.
“Finally, in a remarkable shifting of the traditional legal burden of proof, plaintiff unashamedly alleges that defendant has the burden to prove his ‘natural born’ status,” Land states. “Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles.
Why issue a birth certificate to anyone then?
Why require a social security number?
Why do I need a drivers license?
Why do I need proof of auto insurance?
I do agree...the next time I apply for a job, get pulled over by the police, or try to do anything in this country that the burdon of proof should be on the other party not me. Try that with the IRS.
I agree that the judge should be prosecuted for judicial misconduct.
It is remarkable that we held Congressional Hearings on McCain's eligibility to run for President, with total silence in connection with genuine questions about Obama's eligibility! There was no equivalent vetting for Obama; no hearings, nothing but the usual character assassination, shrill complaints of racism, unsupported assertions, unenlightened declarations, specious reasoning; everything but substance.
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