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
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.
>>> Oookay. So, they can find something out now that they couldnt 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.
>>> 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.
Since the law today is anything the judges want it to be, the merits of the argument are irrelevant. But good luck anyway.
>>> 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.
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.
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.
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
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)...
Ditto that... prayer is constant...
Yes, that "take it to the extreme" example did sound like Keyes.
I guess there is no law or rule that says a plaintiff can't help his attorney prepare their case.
An incredible man. I am sure he understands The Constitution better than anyone. I am sure he also realizes that Marines are dying due to the insane CIC’s new ROE in Afghan and the situation appears to be getting worse. Judge Carter went there.
Great job by Orly, Leo and others who helped in the filing. Say prayers for Judge Carter.
I think Orly has help and I think O/DOJ added more help after the DOj attorneys screwed up.
The stakes are going up rapidly.
Judge Carter may be getting heat but he lived through Khe Sanh which should make Chicgao thugs look like a walk in the park.
While that's not relavant to the case before him, it might at least serve to keep his mind open, rather than closed tighter than a bull's arse in fly time, as those of other judges seem to have been.
Here's hoping that Judge Carter's security is airtight, and provided by the likes of Major Pham and his buddies, including at least a platoon of Gunnies. (Reserve or retired)
Yes, here is a link:
This is Leo Donofrio’s blog. He will be representing Terrick (better known as ‘Miss Tickly’ of FreeRepublic) in this Hawaiian court case. Hopefully, it will have a hearing.
>Or they could be getting hot water bottles for their big fat headaches now.
LOL! Best of day!
Or maybe they’re getting new ‘talking points’ which they need badly!
pong; pong; pong
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. Plaintiff submits that if discovery is ever allowed in this case, it will be rapidly settled by the resignation or impeachment of the President.
I have said this a million times one FR.
My son was granted a Make A Wish.
3 times on a vent in his life.
He asked to meet Alan Keyes.
Best Day of our Political/Catholic lives.
Neighbors even brought down and set up the silver. (I had know clue)
To this Day when you come into our home the first Pic (next to the sons diploma) is Dr. Alan Keyes and a Very (slim then 170lbs now) son.
Every 2 weeks our very Conservative Priest brings us the Holy Body Of Christ ...my son recieves it via his feeding tube and I bow my head and recieve it by mouth/orally.
Father walks the hall out to the door onto another home bound one to give this gift too.
He most of the time stops and points to Alan in that photo with my son and says....THAT IS A GOOD MAN.. which I say Yes Father the REAL first shoulda been Black POTUS.
We shake our heads and repeat it the next visit.
Not the Pride that Alan has at times exerted, but the faith of his Catholic teachings.
Like all humans we have seen him hoity but in the end we still support his Conservative Catholic teachings.
And it is ok to do a mosh pit, KV tried it too from afar and asked what flowers were burning.
Eugene Oregon yall figure it out.
Back to the Bill Gaither concerts.
What does that mean, 22 days.
And yes I never Get It.
So asking, not dumb just things fly over the mind. Help me FRiend.
Did yall read his view on reperations or are you taking it out of context.
He wrote a whole dang book on it.
Yet he has summed it up.
Not what you are saying.
Crap were is Eternal Vigelance when you need him.
Hey How come we are not getting any war news now a days.
I have been interested in what is happening in Afghan/Iran/Iraq.
Not finding any factual news reports.
( I do not have streaming vid or utube)
Hell ... a LOT of us knew those TWO trips just prior to the "election" were dark ops of SOME kind.
I was duly reprimanded here when I stated that zero had gone to see (to it that) gra'maw died before she could make any trouble. I had no proof, it was all speculation.
Then ... I just read about this guy that was shot in his car ... and another guy died of an aspirin overdose ......
Fingers crossed and prayers continue. Hoping for good news after another long day of driving.
Welcome to FR.
“Judge Carter may be getting heat but he lived through Khe Sanh which should make Chicgao thugs look like a walk in the park.”
You joined FR to post this drivel?
Well Done, Orly.
Does your mother know you’re still an @$$hole?
In a nutshell, the response is saying that Congress and the Electoral College failed in its duty to determine the eligibility of Obama to be POTUS and that because they failed in their duty, the people have the right to demand that the zero’s qualifications be presented for public examination.
See my post #95.
Get lost, O-sniffer
Thanks for the ping!
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