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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: ROTB
Or they could be getting hot water bottles for their big fat headaches now.
41 posted on 09/21/2009 11:37:29 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: mojitojoe

Yeah, there were the Sanballats who tried to discourage us and told us that we were just “ Wasting our time “ ....


42 posted on 09/21/2009 11:39:27 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: Frantzie
Looks like she had help drafting this.

Or she's been sandbagging. Perhaps some of both. There is some of the "Old Orly" still in there. "fraud","truth, justice and the American way". (I really like that last, but will the Judge? ).

This is really good, and I wish it wasn't so late that I'll have to wait until morning to read it all.

I particularly like the citing of "DC vs. Heller" which was in turn citing Justice Thomas in "US vs Verdugo-Urquidez" for the definition of "the people", as applied to the first, second, fourth, ninth and tenth amendments. But that's just me. :)

43 posted on 09/21/2009 11:40:03 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Frantzie

Yes, what an excellent paper. Articulate, and driven.
If this is an example of what we will see on Oct 5,
I have high hopes.


44 posted on 09/21/2009 11:41:00 PM PDT by etraveler13
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To: Safrguns
Sounded like Keyes wrote it himself.

Parts of it, but I don't think Keyes would have used the phrase "Truth, Justice and the American Way"..or would he? Maybe he was a Superman fan as a kid?

45 posted on 09/21/2009 11:41:59 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: SatinDoll
“concerning the amendments Obama has been making to his “vital records”.”

Any links to this, I have not heard about this.

46 posted on 09/21/2009 11:43:07 PM PDT by JoSixChip (The only thing broken in this country is the government.)
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To: Safrguns

Oookay. So, they can find something out now that they couldn’t find out before because the MTD has no merit? Is that it?


47 posted on 09/21/2009 11:44:48 PM PDT by ReneeLynn (Socialism is SO yesterday. Fascism, it*s the new black.)
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To: ReneeLynn
Someone break this down to non-lawyer English for me.

I think it could mean that Taitz and Alan Keyes may have kicked the DOJ's butts all the way back to DC from Santa Ana California. We'll have wait and see what the Judge thinks though.

48 posted on 09/21/2009 11:45:45 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: American Constitutionalist

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.

Make no mistake about it - they will cause tremendous and possibly irreversable damage to this country. I guess their is a lot of legal talent getting into the game in the case in front of Judge Carter. This is all in the background. Leo getting back in the game is interesting too.

I also think 9/12 was a wake up call. The liberal media and Dems may want to dismiss it but a lot of Blue Dogs and vulnerable Dems were paying attention like Hairy Reid.

I think, what I view, as a corrupt judiciary may be waking up. Judge Carter I believe is a rare bird and not part of the judiciary who appears to be running interferene for you know who. They also saw what occurred on 9/12.

I think Judge Carter will make a wise decision. If it is favorable then the thugs will appeal.


49 posted on 09/21/2009 11:46:32 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: JoSixChip
Let's prove Obama Was Born In Hawaii So we Can Move Onto His British Birth Monday, September 21, 2009 8:33:58 PM · 157 of 167 etraveler13 to El Sordo Pending Litigation: Hawaii Confirms That Obama’s Vital Records Have Been Amended. ISSUES Section 92F-12(15) states that the following must be released to the public: (15) Information collected and maintained for the purpose of making information available to the general public; On July 27, 2009 Hawaii Department of Health Director Fukino issued a press release which stated: “I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.” TerriK requested all information “collected and maintained” for the purposes of preparing the public statement made by Director Fukino as such information must be released according to the statute. TerriK was interested in knowing how Director Fukino came to the conclusion that the President was a natural born citizen. She was familiar with Section 92F-12(15) which demands that all information collected and maintained for the purposes of making such a public statement be made public. She was denied that information despite the clear wording in the statute. Furthermore, the case law from Hawaii clearly demands production of the records TerriK requested. http://www.freerepublic.com/focus/f-bloggers/2345143/posts
50 posted on 09/21/2009 11:48:03 PM PDT by etraveler13
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To: Safrguns

I have faith in this judge. If he loves the Constitution and rules on that basis, she nailed it.
I actually love everything she said. Maybe the judge will too. It could have been any one of us pleading for redress. Bless her.


51 posted on 09/21/2009 11:48:27 PM PDT by MestaMachine (One if by land, 2 if by sea, 3 if by Air Force 1.)
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To: ReneeLynn

>>> Oookay. So, they can find something out now that they couldn’t find out before because the MTD has no merit? Is that it?

Thats the core of the arguments surrounding the notion that so far, the plaintiffs in this case and in others have been denied legal redress for “political” reasons.... when the courts should be above politics.

IOW, I think they were saying that the MTD is politically motivated, and has no basis in law.


52 posted on 09/21/2009 11:49:41 PM PDT by Safrguns
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To: El Gato

>>> Parts of it, but I don’t think Keyes would have used the phrase “Truth, Justice and the American Way”..or would he?

I’ve heard him say it more than once.
The hypothetical slavery argument was also a giveaway.


53 posted on 09/21/2009 11:52:03 PM PDT by Safrguns
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To: Red Steel

Since the law today is anything the judges want it to be, the merits of the argument are irrelevant. But good luck anyway.


54 posted on 09/21/2009 11:52:29 PM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: etraveler13
Thanks, I thought I was better up on this. They better get a chance to do a forensic examination of these documents.
55 posted on 09/21/2009 11:54:39 PM PDT by JoSixChip (The only thing broken in this country is the government.)
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To: MestaMachine

>>> I have faith in this judge. If he loves the Constitution and rules on that basis, she nailed it.

Well, I hope you are right... but if we are wrong, and politics trumps law yet again, be rest assured that judges will soon change their tune when innocent people start glowing on US soil.


56 posted on 09/21/2009 11:54:57 PM PDT by Safrguns
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To: El Gato

I do remember listening to Plains Radio when Leo had his case at SCOTUS. They brought on Orly and Gary Kreep. This is before those tow had a falling out.

Orly was very complimentary towards Leo and thanked him. She and Leo are not your standard attorneys but they are both very smart. I would bet she and Leo talked as this was drafted.


57 posted on 09/21/2009 11:58:02 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Red Steel

22 Days


58 posted on 09/22/2009 12:04:02 AM 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: Frantzie
He was wonded at Khe Sanh in Vietnam and received a Purple Heart and Bronze Star.

He was wounded so badly that they were starting to put him a body bag, when they realized he was still alive. He was in a hospital for a year recuperating from his wounds.

In researching him, I've come across lots of cases of praise, by and for him, in conjunction with Veterans groups and former South Vietnamese military and their children. One story, related by the Son of a South Vietnamese pilot who spent twelve years in "re-education camps" told of Carter giving his father the oath of naturalization. That son is/was a Major in the USMC reserves.

The Speech he gave at the Khe Sanh Memorial on 21 Jan 2008. It was good to see you Eugene, and thank you for your service to our nation. Were you able to obtain the marvelous speech from Judge Carter? My late father was in the Vietnamese Air Force's 2nd Fighter Squadron which was formed in 1961 with the help of Farmgate.
www.phamvanhoa.com

He was very proud of his service and his USAF affiliation. As one of the first 15 US-trained South Vietnamese pilots, he was winged in 1959 at Reese AFB in Lubbock then flew T28s, A1s, C47s, AC47s, C123s, and C130s and was a graduate of the Air Commando School at Hurlburt in 1966. I have a picture of Judge Carter and my father from 1999 at his citizenship ceremony in LA, a proud moment in his life as he was grateful to America for taking care of his family while he sur- vived 12 years in reeducation camps. Regards, Quang X. Pham, Maj USMC Reserves

59 posted on 09/22/2009 12:06:35 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Frantzie

By this time I would think Orly would have a fairly extensive attorney ghostwriting team behind her helping draft important filings such as this one.

I also wonder if Carter is getting some unofficial heat from certain quarters— both carrot and stick in nature (not saying he would accept it)...


60 posted on 09/22/2009 12:06:54 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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