KEYES v OBAMA OPPOSITION to MOTION to Dismiss Case ; AND MEMORANDUM OF POINTS AND AUTHORITIES

Scribd ^ | September 21, 2009 | Orly Taitz

[SatinDoll]

“...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.

[browardchad]

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.

[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.

[Sibre Fan]

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.

[trumandogz]

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.

[browardchad]

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."

[bvw]

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

[Faith]

Re 129

Many thanks!

[snowsislander]

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

[Lurking Libertarian]

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.

[browardchad]

Nice company Orly is keeping.

That's her MO, isn't it?

She gives interviews, freely, to sites like TMP Muckraker, who portray her as the clown queen of the Repulican "rightwingers.

She willingly" appears on MSNBC, who rip her to shreds as a deranged "rightwing" nutjob.

When are people -- meaning those people who aren't intentionally sabotaging the right -- going to wise up about Taitz?

[Red Steel]

The previous posters that responded to your post appear to "have forgotten" to mentioned this large salient point.

Page 2. "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. "

Cheney either forgot or intentionally missed to query Congress if they had any objections to Barack Obama becoming president. Cheney failed in his ministerial duties as prescribed by "3 United States Code §15." The omission by Cheney may come back to bite Obama in his @$$ since...

The thrust of Obama's and the government's Motion to Dismiss is that Congress and the Electoral process are the ones who vet presidential candidates and no one else. The government stepped in it here. As pointed out that they failed to follow procedure.

In the Governments Motion to Dismiss, they conveniently omitted the following passage as it is written statute 3 U.S.C. §15:

"Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof… "

Cheney left a big hole that may increase to the size of Meteor Crater, AZ in the governments argument, so conveniently not explained to you.

[Global2010]

Thanks Tru man Dog Z.

Well lets hope all the offense does not leak the defense.

As Slim and Cinnamon Sue sing the old Cow range songs....

Dont Rope Me in.
IOW Play the poker hand well and win with honesty and integrity.

[Sibre Fan]

The previous posters that responded to your post appear to "have forgotten" to mentioned this large salient point.

(citing from the Brief): 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. "

Not exactly. But I suspect that the DOJ would have the court believe (and, thus, hold, rule, and/or accept) that
(a) the enabling statute requires any objections to be submitted in writing; and yet
(b) any such written objection would have been made part of the official Congressional Record; and,
(c) no Representative or Senator called for a point of order in order to properly lodge their objection; and
(d) no Representative or Senator has filed suit claiming that they filed (or wished to file but were prevented from doing so) a written objection that was not properly considered by the Vice President and/or Congress;

Therefore, there is no evidence to suggest that the Constitution was not followed in this respect.

Now, if Taitz (or any other lawyer pursuing the eligibility actions) could find even just one single representative or senator who could affirm that the Rep/Senator was not permitted to file an objection, that person would have standing to sue, and the case would be proceeding post haste.

[little jeremiah]

It’s exactly the same as the other one.

Are you referring to some invisible ink that has to be passed over a candle to read?

[little jeremiah]

Duh, is that what he did. The link and the “BC” he posted were exactly the same and I wondered what the deal was, including the bogus birth place.

I think I need more caffiene.

[Red Steel]

I suspect Orly and her associate lawyers disagree with you here. The President of the Senate has to call for objections for which he did not. This country has been kowtowed by PC'ness and Obama, as has Congressional members. Because no Congress critter didn't file a written objection doesn't mean there were not any.

There was an Ohio member of Congress who did raise his hand as he was about to object, but Cheney ignored him as he ignored to ask Congress for objections.

Now, if Taitz (or any other lawyer pursuing the eligibility actions) could find even just one single representative or senator who could affirm that the Rep/Senator was not permitted to file an objection, that person would have standing to sue, and the case would be proceeding post haste.

Who knows, this case may lead to that.

[browardchad]

Cheney left a big hole that may increase to the size of Meteor Crater, AZ in the governments argument, so conveniently not explained to you.

Gary Kreep had an entirely different argument in his Opposition to Motion to Dismiss, filed on 9/18.

His argument is that the Electoral College "lacks the power to make eligibility determinations." IOW, it has an essentially "ministerial" (i.e. clerical) function of counting the electoral votes, and any objections would be to the correct tallying/casting of votes -- not to qualifications of the those voted for.

It's an interesting interpretation, and worth reading. Here.

[Sibre Fan]

I suspect Orly and her associate lawyers disagree with you here.
Are you aware of who is authoring the briefs according to the document properties filed with the court (and, with some, according to the author's statements made on talk radio)? Not lawyers.

This country has been Kowtowed by PC'ness and Obama, as has Congressional members.
The idea that Cheney is kowtowed by Obots is a rather striking idea.

Because no Congress critter didn't file a written objection doesn't mean there were not any.
If they didn't file a written objection, they didn't properly object. You can't say I objected, but I failed to follow the required procedure to make the objection, but my objection should have been heard anyway.

There was an Ohio member of Congress who did raise his hand as he was about to object, but Cheney ignored him as he ignored to ask Congress for objections.
How do we know that he was about to object? If he was, where's he BEEN for the past nine months? He was identified (on Orly's blog) on January 31. If he was trying to object, and if he had followed the rules regarding his objection, then HE has a potential claim. Others cannot assert the claim on his behalf, but he has a claim. Where is he? If he is "kowtowing" to PC-ness, then he should be challenged on this.

[Sibre Fan]

Gary Kreep had an entirely different argument in his Opposition to Motion to Dismiss, filed on 9/18.

And that's good thing! Judge Carter has already said that he can and will consider different - even contradictory - arguments. So the more varied arguments that can get in front of the Judge, the better the chance is that plaintiffs could defeat the motion to dismiss.

Which makes Taitz' stated plan to move to disqualify Kreep incomprehensible.