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KEYES v OBAMA OPPOSITION to MOTION to Dismiss Case ; AND MEMORANDUM OF POINTS AND AUTHORITIES
Scribd ^ | September 21, 2009 | Orly Taitz

Posted on 09/21/2009 10:11:47 PM PDT by Red Steel

-Snip-

PLAINTIFFS’ PRELIMINARY RESPONSE TO DEFENDANTS’ MOTION TO

DISMISS, to be supplemented by filing Plaintiffs’ Second

Amended Complaint on or before October 2, 2009

Come now the Plaintiffs with this their Preliminary

Response toDefendants’ September 4, 2009, Document 56

Motion to Dismiss (with reservation of rights to Respond

further by filing Plaintiffs’ Second Amended Complaint

on or before Friday, October 2, 2009).

POLITICAL RELATIVITY vs. CONSTITUTIONAL ABSOLUTES: IS THE
POLITICAL QUESTION DOCTRINE VIABLE AS A MEANS TO
EVADECOMPLIANCE WITH UNVARIABLE STANDARDS?

Fundamentally, this case comes down to a single

bifurcated question question: (1A) does the constitution

mean what it says when it lays down absolute parameters,

such as the age and citizenship qualifications to be

President, and (1B) to whom does the investigation and

enforcement of this constitutional provision: to the

Congress, the People, or can the President get by merely

asserting his qualifications without presenting evidence

which would be competent as Summary Judgment

(admissible) evidence under Rule 56 of the Federal Rules

of Civil Procedure? The Plaintiffs have brought their

complaint as a matter of first impression to ask this

Court to determine, find, hold, and rule that the

investigation and enforcement of this right belongs to

the people, even members of a discrete and insular

minority of the people, even if this group lacks

majoritarian political power. Plaintiffs respond to the

Defendants’ Motion to Dismiss and ask this Court to

rule, pursuant to the First and Ninth Amendments that

they may sue to enforce constitutional absolutes, such

as the constitutional requirements for President of the

United States. Plaintiffs assert an inalienable,

reserved right to sue for Constitutional conformity in

this case even though they concede that the Defendants

have shown that primary, first line actions could and

should have been taken by members of Congress or the

Electoral College, pursuant to the Twelfth and

Twentieth Amendments for instance. Case

8:09cv00082DOCAN,Document 56, Filed 09/04/2009, Page 2o

of 32: Defendant’s Motion to Dismiss at 13, ll. 114. Of

course, what Congress must do in the case of obvious

electoral deadlocks or recognized and admitted problems

with qualification for office is not at all the point

raised by Plaintiffs’ complaint and evidence.

Plaintiffs’complaint and evidence allege and confirm

that the Presidency in 2008 was taken by fraud, and not

even by fraud in the counting of votes, but by fraud in

the traditional common law sense of a material

misrepresentation of an important fact upon which

Plaintiffs could be reasonably expected to rely to their

detriment, and to the detriment of constitutional

government. The Constitution’s textual commitment of

this responsibility is a responsibility that Congress

has embraced. Both the House and the Sentate have

standing committees with jurisdiction to decide

questions relating to Presidential elections. Idem:

Defendant’s Motion to Dismiss at 13, ll 1517. Where

Congress has done absolutely nothing to investigate or

prosecute a question, Defendants’ position appears to be

that this very inaction or acquiescence by Congress

creates a presumption of legitimacy. Apparently,

Defendants would have this Court believe, hold, rule,

and accept that utter and complete inaction, stony

silence even by the Vice‐President of an opposing party

sitting as President of the Senate during the

certification of the electoral vote to Congress pursuant

to 3 U.S.C. §15, is and must be sufficient to satisfy

the people that the President has met the Constitutional

qualifications for office. Idem: Motion to Dismiss at

1314.

Excerpted, more here: KEYES-v-OBAMA-69-OPPOSITION-to-MOTION-to-Dismiss-Case-AND-MEMORANDUM-OF-POINTS-AND-AUTHORITIES-IN-SUPPORT-OF-MOTION-56-filed-by-Plaintiff-Pamela


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: birthcertificate; certifigate; obama; orly; orlytaitz
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To: Old Sarge; darkwing104; 50mm; rabscuttle385
ZOT!


101 posted on 09/22/2009 7:59:15 AM PDT by paulycy (Screw the RACErs.)
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.


102 posted on 09/22/2009 8:05:19 AM PDT by novemberslady
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To: Cosimo de Medici

103 posted on 09/22/2009 8:09:54 AM PDT by Arrowhead1952 (Jimmy Carter - now the second worst POTUS ever. BHO [the LIAR] has #1 spot in his sights.)
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To: Arrowhead1952

Good job!


104 posted on 09/22/2009 8:12:34 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: Frantzie

I’ve said before, this is NOT a one-woman-show!!!


105 posted on 09/22/2009 8:21:16 AM PDT by danamco
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To: stephenjohnbanker

I was going to call Cosimo de Medici a troll earlier today, but had something else to finish. Old Sarge and others pulled the ZOT before I got back.


106 posted on 09/22/2009 8:21:41 AM PDT by Arrowhead1952 (Jimmy Carter - now the second worst POTUS ever. BHO [the LIAR] has #1 spot in his sights.)
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To: jarofants; LucyT

It’s a relatively poor job. If the Judge hasn’t already made up his mind to deny the Motion to Dismiss, the paper doesn’t much help him. Fortunately, I think Orly has a Judge who has made up his mind. But the pleading is lousy.


107 posted on 09/22/2009 8:28:41 AM PDT by David (...)
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To: Safrguns
One of the arguments made was that if the courts do not act, then the people have no remaining recourse but armed revolution... which was pointed out as also being authorized in the constitution.

On what page, thanks???

108 posted on 09/22/2009 8:28:59 AM PDT by danamco
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To: Arrowhead1952

I called Sarge on the FReepaphone ;-)


109 posted on 09/22/2009 8:31:45 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: Cosimo de Medici
Troll Cosimo de Medici:

KKK doesn't have these.


110 posted on 09/22/2009 8:33:12 AM PDT by Clinging Bitterly (He must fail.)
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To: American Constitutionalist

Luke 8:17....”For nothing is secret that will not be revealed, nor anything hidden that will not be known and come to light.”!!!


111 posted on 09/22/2009 8:35:37 AM PDT by danamco
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To: Mik Taerg

Do you think Photoshopping the weight, length, and width out and replacing it with birthplace makes you "clever"? Did you really sign up just last week to share how "clever" you are with us? FRiend, you are here. And that is a good start. Now please put the "cleverness" aside, read a bit, and learn. You are surrounded by folks who love God, Country, Family, and Neighborhood. You will be made welcome if you allow us to welcome you. And, over time, perhaps you'll discover "cleverness" is replaced by "wisdom". Good luck to you.


112 posted on 09/22/2009 8:35:51 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: David; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; MeekOneGOP; ...
Thanks, David.

Image and video hosting by TinyPic

... to #107.

113 posted on 09/22/2009 8:36:52 AM PDT by LucyT
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To: matthew fuller
"that Buckwheat's August 2008"

I guess I'm the only one who thinks that's a racist comment. Right up there with step n'fetch it and the others. If so, I'll slink back into lurk mode.

114 posted on 09/22/2009 8:39:59 AM PDT by nufsed (Release the birth certificate, passport, and school records.)
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To: danamco

Pages 6 and 20.


115 posted on 09/22/2009 8:44:32 AM PDT by Safrguns
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To: Frantzie
I think there may be a lot more than we know going on in the background. There are a lot of wealthy people who have a lot invested in this Republic and society. They did not work all their lives to let some thugs from Chicago take this country down.

At the 9/12 rally, I was taken very much by the Chrysler Car Dealer, who was one of speaker, and said his dealership point blank was stolen from him and given to someone else!!!

116 posted on 09/22/2009 8:51:17 AM PDT by danamco
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To: American Constitutionalist
Does anyone get the feeling that a certain someone is looking out for us ?

Always. He promises, I will never leave you nor forsake you.

117 posted on 09/22/2009 8:52:54 AM PDT by Faith
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To: Faith
Philippians 3:10

10. That I may know him, and the power of his resurrection, and the fellowship of his sufferings, being made conformable unto his death;
118 posted on 09/22/2009 9:03:41 AM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: thecraw

Interesting again, that Mabelle and great grand kids are NOT shown, hmmm???


119 posted on 09/22/2009 9:08:37 AM PDT by danamco
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To: danamco

At last count, 788 Chrysler Dealerships which donated heavily to Republicans were shut down by the corrupt Obama Oval Office, and too many were then handed (the units, etc.) to democrat donor dealerships. That is one of the most blatant examples of corrupt thuggery from democrats in offcie ever known and swept more than 100,000 people out of jobs! The Pres_ _ent is a lying affiramtive action thug, surrounding himself with marxist/fascist thugs of the same jib.


120 posted on 09/22/2009 9:09:28 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: MHGinTN

Un-Constitutional theft!!!


121 posted on 09/22/2009 9:16:42 AM PDT by danamco
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To: JoSixChip

See here: http://naturalborncitizen.wordpress.com/2009/09/21/pending-litigation-hawaii-confirms-that-obamas-vital-records-have-been-amended/#comment-11531


122 posted on 09/22/2009 9:20:35 AM PDT by Danae (No political party should pick candidates. That's the voters job.)
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To: danamco

And the Democrat party controlling Congress is so corrupt that they certsainly will do nothing to right the criminal enterprise moves which benefit them directly. The Democrat party is a criminal enterprise, and this is one of the most blatant examples of their total bankrupt thuggery.


123 posted on 09/22/2009 9:25:52 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: Mik Taerg; Admin Moderator; Old Sarge; 50mm; darkwing104

Think we have a live one at post 79.


124 posted on 09/22/2009 10:19:35 AM PDT by Mr. Silverback (We're right! We're free! And we'll fight! And you'll seeeeeeee!)
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To: Mr. Silverback

What rule has the poster violated?


125 posted on 09/22/2009 10:23:35 AM PDT by Admin Moderator
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To: so_real

Mea culpa. It was not a "replacement" but an "insertion" of the birthplace-of-child line. Intellectual dishonesty nonetheless. The original affidavit filed by Lucas Smith does not include a document containing this line.


126 posted on 09/22/2009 10:31:52 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Admin Moderator
What rule has the poster violated?

Good question.

Having fun, at the expense of those without a sense of humor, perhaps?

Off with its head!

127 posted on 09/22/2009 10:33:24 AM PDT by browardchad
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To: danamco
Yeah the timing of that whole Hawaii trip thing, 2 days before the election was fishy. I wonder if ashes of the original BC are mixed in with Granny's???

It really seems as though unless you're a mind-numbed Obot, every single thing The Usurper has done, is doing now, and says he'll do in the future makes you go, hmmmmmmm...

128 posted on 09/22/2009 10:33:28 AM PDT by thecraw (Follower of Jesus...American...Tennessean...Birther! You Betcha!)
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To: jarofants
Could someone explain this .... Is this good or bad? My wife wants to know.

It all depends on your point of view, and Judge Carter's point of view.

QOU WARRANTO (pp 4-8)
Plaintiff's argument is basically that Judge Carter should permit the quo warranto case to proceed in his California court is based on the argument that Eric Holder refused to file it there, and the DC courts (vested by statute with jurisdiction) won't hear it, citing to Judge Robertson's "silencing" of Hemenway in Hollister v. Soetoro.

So the question is whether Judge Carter will find that even though the relevant statute says that quo warrantos must be filed in DC, he will take the case anyway because Eric Holder refused to file it in DC and because Judge Robertson "silenced" Hemenway by imposing sanctions on him in Hollster. If you believe it is likely that Judge Carter will ignore the relevant statute "for the greater good," then the brief is great.

FOIA (pp 8-9)
Plaintiff's FOIA argument is basically that a few plaintiffs did file FOIA requests. And, Taitz, while not submitting formal FOIA requests, submitted requests to various agents through her multiple dossiers.

So the question is whether Judge Carter will find that even though the relevant statutes require FOIA plaintiffs to proceed through several FOIA-regulation steps (which are not alleged even with respect to the plaintiffs who did file requests), he has jurisdiction to accept their FOIA claims. If you believe it is likely that Judge Carter will ignore the relevant FOIA statutes and regulations "for the greater good," then the brief is great.

STANDING (pp. 8-13)
Here, Plaintiffs argue that all have "taxpayer" standing, and that some have standing under "oaths" or "constitutional duties" principles. Taitz cites several cases to support her position, including a couple that are no longer good law (because they were vacated, abrogated, or otherwise limited), but they have good statements about standing in them. She also makes a cogent argument that the taxpayer standing cases should be expanded to include this situation. (So far, with hundreds of cases being filed on the issue over the past decades, the only "taxpayer" standing principle that the Supreme Court has adopted is that taxpayers can sue to prevent government monies from being spent in ways that arguably violate the First Amendment prohibition against esablishment of state religion. However, lots of plaintiffs continue to attempt to have a court expand that limitation.)

So the question is whether Judge Carter will find that even though the cases she cites are distinguishable or no longer good law, he will use statements in those cases to rule for her. Also, will Judge Carter expand the general "taxpayer" standing status beyond establishment of religion cases to include this type of case. If you believe it is likely that Judge Carter will do that "for the greater good," then the brief is great.

POLITICAL QUESTION DOCTRINE (pp. 13-16)
I'm not sure I understand this argument, but it seems that Plaintiffs are arguing that Justice Taney's decision establishing the Political Question doctrine in Luther v. Borden was wrong (because in that case, Taney held that the political question doctrine precluded the court from hearing the case). Plaintiff's critcize the ruling as establishing a "bright line choice between political action by ballot and revolution, with no possibility of judicial intervention." Plaintiffs continue that even if the political question doctrine still applies to Article IV challenges, it does not apply to Article III challenges.

So the question is two-fold: Will this district judge hold that the Supreme Court decision in Luther v. Borden was incorrect and, if not, will Judge Carter find that even though the doctrine applies to Article IV challenges, it does not apply to Article III challenges. If you believe it is likely that Judge Carter will do that, then the brief is great.

TAXPAYER STANDING & PROTECTION FOR DISCREET & INSULAR MINORITIES (pp. 16-24)
Here, Plaintiffs return to standing, citing to Flast v. Cohen, the case finding that taxpayers have standing to challenge taxes spent in alleged violation of the establishment clause. (Discussed above in more detail.) Will Judge Carter expand that rule even though the Supreme Court has repeatedly declined to do so? We won't know until October 5.

Plaintiffs also make the argument that they have standing under the First and Ninth Amendment, and should be protected as a discreet minority, citing to Wisconsin v. Yoder. Wisconsin v. Yoder was not a standing case, but the Supreme Court did find that the Amish were a "discreet and insular" religious minority, whose religious beliefs precluded compulsory education of children past 8th grade. Will Judge Carter find that minorites other than religious minorities are protected under Yoder and, if so, that Plaintiffs are a similar "discreet and insular" minority whose beliefs preclude them from taking orders from a President that they believe is not eligible under Article III? We won't know until October 5.
129 posted on 09/22/2009 10:37:17 AM PDT by Sibre Fan
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To: FARS

WE THE PEOPLE!

Thanks for the ping FARS.


130 posted on 09/22/2009 10:50:31 AM PDT by 1035rep
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To: SvenMagnussen
Plaintiff submits that if discovery is ever allowed in this case, it will be rapidly settled by the resignation or impeachment of the President.

Awesome. I'd only add "followed by immediate incarceration and/or deportation to his nation of origin."


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

131 posted on 09/22/2009 10:51:17 AM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: Old Sarge

iatz


132 posted on 09/22/2009 10:58:55 AM PDT by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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To: Mik Taerg
Sniff, sniff, is that you Dan Rather?

Photobucket

133 posted on 09/22/2009 11:04:18 AM PDT by 1035rep
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To: Admin Moderator

Not a rule violation, more like a profile. Recent signup, only posts on the birther issue...and I may be wrong, but every time I see an Obama certificate I tend to have my troll radar on, whether the cert says Hawaii or not.

Call me crazy if you’d like...it’s not like I think you work for me or anything.

Either way, good hunting!


134 posted on 09/22/2009 11:07:32 AM PDT by Mr. Silverback (We're right! We're free! And we'll fight! And you'll seeeeeeee!)
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To: Mr. Silverback

LOL! You always make my day. I think I love you :)


135 posted on 09/22/2009 11:12:05 AM PDT by 1035rep
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To: Mr. Silverback

At FR of late, posting a fraudulent exhibit on a birther thread is not a violation of FR policy, so ‘greaT kiM’ is now being protected as a member in good standing of the anti-birther squad.


136 posted on 09/22/2009 11:17:43 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: pissant

Note the ‘so the question is’ methodology of trying to frame and herd the discussion into an obamanoid favorable twist?


137 posted on 09/22/2009 11:21:27 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: Mr. Silverback

Folks need to quit yelling “TROLL” every time they’re challenged. Whether implicit or explicit. It’s tiresome.


138 posted on 09/22/2009 11:21:56 AM PDT by Admin Moderator
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To: Admin Moderator

That one IS a troll, I assure you.


139 posted on 09/22/2009 11:27:53 AM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Admin Moderator

Consider me advised.


140 posted on 09/22/2009 11:28:00 AM PDT by Mr. Silverback (We're right! We're free! And we'll fight! And you'll seeeeeeee!)
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To: JoSixChip

“...I am beside myself over all this...”

Be assured, friend, that you are one among many, a great many who feel exactly the same as you.


141 posted on 09/22/2009 11:29:15 AM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Admin Moderator
Folks need to quit yelling “TROLL” every time they’re challenged. Whether implicit or explicit. It’s tiresome.

Thanks. I heart you. For the sanity.

142 posted on 09/22/2009 11:36:45 AM PDT by browardchad
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To: Sibre Fan

Good summary. Orly has, once again, filed a brief which is long on rhetoric but short on responses to the precedents relied upon in the defendants’ brief. I have no crystal ball, but my years of experience litigating cases in federal court tell me that those who are putting all their hopes on Judge Carter may be disappointed come October 5. But time will tell.


143 posted on 09/22/2009 11:42:31 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
Orly has, once again, filed a brief which is long on rhetoric but short on responses to the precedents relied upon in the defendants’ brief.

She is refreshingly up front about this, stating (p.6):
"The question is not one of precedent, the question is whether politics dictate the outcome in many or most Obama-related cases, where avoiding discovery and fact-finding is the primary (and outcome-determinative) goal."

That's why I think that the question is whether Judge Carter will find that, "for the greater good," he can (or must) ignore the rules/precedent. That's, in a nutshell, what she is asking him to do.

And yes, only time will tell whether he determines that this issue is of such historic importance, that he can do as she requests.
144 posted on 09/22/2009 11:56:15 AM PDT by Sibre Fan
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To: Global2010
What does that mean, 22 days.

It was eight days ago that Orley claimed that she would have Obama out of office in 30 days.

145 posted on 09/22/2009 12:04:21 PM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: Lurking Libertarian
Good summary. Orly has, once again, filed a brief which is long on rhetoric but short on responses to the precedents relied upon in the defendants’ brief. I have no crystal ball, but my years of experience litigating cases in federal court tell me that those who are putting all their hopes on Judge Carter may be disappointed come October 5. But time will tell.

And she will, once again, brook no competition.

From her blog:

Important

Whatever documents I have, I make public immediately. This is important for the whole country. When I got the registrar and hospital birth certificates from Kenya, I made those public. Leo Donofrio claims that he has information from HI, that Obama’s birth certificate was amended. He should make this information public, he needs to post the document with the statement that it is amended together with the declaration of the person, who obtained this record, testifying under penalty of perjury that it is the true and correct copy of the document . It is too important not to be disclosed. We can include it in the second amended complaint. This is what I got from the Journalist Devvy Kidd.

(There follows open source research by Kidd)

If this is so important to the whole country, Ms. Taitz, why not contact Leo Donofrio, directly, rather than urging your minions to do so?

Furthermore, I don't remember Donofrio stating he had any "document."

146 posted on 09/22/2009 12:06:32 PM PDT by browardchad
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To: danamco

Yeah, I cried upon seeing that speech. That was theft by tyrant.


147 posted on 09/22/2009 12:10:50 PM PDT by bvw
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To: Sibre Fan

Re 129

Many thanks!


148 posted on 09/22/2009 12:19:56 PM PDT by Faith
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To: Red Steel

Is there a copy of this pdf available from somewhere other than scribd?


149 posted on 09/22/2009 12:53:21 PM PDT by snowsislander (NRA -- join today! 1-877-NRA-2000)
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To: browardchad
This is what I got from the Journalist Devvy Kidd.

Devvy Kidd? Orly is citing Devvy Kidd?

Devvy Kidd is a 9/11 Truther and has called for George W. Bush to be prosecuted for murder.

Nice company Orly is keeping.

150 posted on 09/22/2009 12:53:35 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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