Skip to comments.KEYES v OBAMA OPPOSITION to MOTION to Dismiss Case ; AND MEMORANDUM OF POINTS AND AUTHORITIES
Posted on 09/21/2009 10:11:47 PM PDT by Red Steel
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: Defendants 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.
Plaintiffscomplaint 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 Constitutions 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:
Defendants 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
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
A 35 page response from Taitz.
ANy chance she incorporated Leo’s recent research on Cheney failing to allow objections and also Pelosi rushed it?
Looks like she had help drafting this.
"President of the Senate during the certification of the electoral vote to Congress pursuant to 3 U.S.C. §15,..."
She did incorporate Leo’s suggestions - right at teh bottom of your posting. Mentions Cheney etc.
have = haven’t
8 minutes since you posted and no trolls or ACORN stooges yet. Maybe they are on a coffee break.
Okay. What? I think I have to be lawyer just to read the thread title. Someone break this down to non-lawyer English for me.
Orly filed a reponse to the DOJ lawyers trying to get the case in front of Judge Carter dismissed. They screwed up. LEo point out how the DOJ lawyers gave Orly a big opening. See on Leo’s site. After reading the first page it should be more clear.
Anyone get the impression that a lot more legal help is coming out of the woodwork for this case with Judge Carter for Orly and I am sure that is also true on the Dark Side.
>>> Okay. What? I think I have to be lawyer just to read the thread title. Someone break this down to non-lawyer English for me.
I’m not a lawyer, but I understood the arguments.
The response makes an excellent case that this “legal standing” stuff is a bunch of BS.
In a nutshell, it says that the defendant’s motion to dismiss quotes no law or constitutional grounds for it’s claims...
and that the constitution provides for “THE PEOPLE” to have redress through the courts when elected officials and bodies (congress) fails to carry out it’s constitutional duty.
And that the courts are given the power to assert process where the constitution is vague. (i.e. no process for verification)
The majority of the response explained in detail with examples and powerful arguments why this whole process and history of other cases demonstrates that the defendant is hiding something, and most importantly that THE PEOPLE have every right to challenge constitutionality through the courts according to the 1st and 9th ammendments.
Sounded like Keyes wrote it himself.
Yes, and I hope and pray the best and most help is for our side.
Yep. It looks like they’ve been going over Leo’s blog thoroughly.
And Leo is going to represent Miss Tickly in court in Hawaii!
They will be challenging the Hawaiian AG and those gorgons at records concerning the amendments Obama has been making to his “vital records”.
This is a very well thought out response to the MTD. Judge Carter, if he is half the judge everyone has claimed he is, should have no trouble in throwing out the MTD.
Now, I will go back to my dark corner and recross my fingers and toes.
>>> Could someone explain this to a big fat dummie. Is this good or bad? My wife wants to know.
ROFL! ITS AWESOME! Blows the motion to dismiss clear out of the water.
It all boils down to how much the judge understands and believes in the constitution.
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.
I knew, and so stated here on FR, that Buckwheat's August 2008 "vacation" was a birth certificate repair mission.
>8 minutes since you posted and no trolls or ACORN stooges yet. Maybe they are on a coffee break.
ALL of them? Impressive!
TY for the ping! We fight on!
We the people deserve to have our grievances heard and given a fair investigation. If not the government is useless to us. We are a Republic not a Democracy and the Constitution must stand.
My only reservation is that it is too long and peppered with flowery language that judges, as a rule, tend to get very impatient with.
While I agree with all the points, it looks like she went overboard on the rhetoric.
I will be praying for patience from Judge Carter.
and that the constitution provides for THE PEOPLE to have redress through the courts when elected officials and bodies (congress) fails to carry out its constitutional duty.
Judge Carter is a very measured, patient man and takes his time not only reading but also perusing and cogitating on what he reads.
IMO he needs just enogh to hand his hat, nothing more. He is not opposed in advance as was/is Judge Land.
Far be it for any judge to rule on style and verbage.
I read most of it in about 20 minutes... and i’m slow.
Overlay that with this Judge (Carter) who is a Marine. Once a Marine always a Marine. He was in Afghanistan recently. He was wonded at Khe Sanh in Vietnam and received a Purple Heart and Bronze Star. This may have been one of the nastiest battles/sieges in Vietnam. The Marines held this base for months.
Now we have an alleged Islamic sultan usurper telling our AMERICAN Marines they cannot fire back at the Taliban unless they are sure. Our boys are dying. The Pentagon is saying they need more troops in a war in an Islamic country where the alleged CIC may be a Muslim. The pressure is building on Afghanistan.
If this Judge does not understand the Constitution or believe in it with that backdrop then things are going to get....we you figure it out.
There are three branches of govt which are supposed to check each other’s power. The Executive has been corrupted. The Legislative - the same thing and they failed to do their job when Cheney was supposed to ask for objections and Pelosi rush it. The citizenry has gone to the Judicary as the third branch and is getting this “no standing” BS.
The public is also appealing to a supposed 4th branch mentioned by Scalia and Leo in the citizen grand juries which are going on. They have been presented cases and indictments to Judge Royce Lamberth in the DC district and they are being reviewed.
I suggest there may be a fifth branch the public may appeal and that is the military.
>>> Does anyone get the feeling that a certain someone is looking out for us ?
Proverbs 26:24-26 :
A malicious man disguises himself with his lips, but in his heart he harbors deceit.
Though his speech is charming, do not believe him, for seven abominations fill his heart.
His malice may be concealed by deception, but his wickedness will be exposed in the assembly.
“Praying is better.”
THAT is something that goes without saying for me. Prayer is something I do consciously and unconsciously every moment of every day.
Yeah, there were the Sanballats who tried to discourage us and told us that we were just “ Wasting our time “ ....
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. :)
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.
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?
Any links to this, I have not heard about this.
Oookay. So, they can find something out now that they couldn’t find out before because the MTD has no merit? Is that it?
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.
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.