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

Scribd ^ | September 21, 2009 | Orly Taitz

[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

[browardchad]

Monday, September 21, 2009
The Equinox

???

[thecraw]

Would love to see Alan Keyes able to call Barry out on this.

Same here, as this has implications that could also affect the 2004 Illinois Senate race Keyes vs. Soetoro - could get ugly for Barry if he turns out to be a non-citizen. Let's see what happens when Obots and Enablers try calling Keyes a RACIST!

[knarf]

"I knew, and so stated here on FR, that Buckwheat's August 2008 "vacation" was a birth certificate repair mission."

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 ......

[azishot]

Thanks, LucyT.

Fingers crossed and prayers continue. Hoping for good news after another long day of driving.

[thecraw]

Hey, Alan Keyes is the best candidate that the KKK could buy

I see the Obot trolls have awakened from their deep slumber...

[ExGeeEye]

Welcome to FR.

[stephenjohnbanker]

“Judge Carter may be getting heat but he lived through Khe Sanh which should make Chicgao thugs look like a walk in the park.”

Good point.

[stephenjohnbanker]

You joined FR to post this drivel?

[pickyourpoison]

bttt

[thecraw]

Hell ... a LOT of us knew those TWO trips just prior to the "election" were dark ops of SOME kind.

The final stages of the Dark Op Mission:

[Uncle Chip]

"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."

Well Done, Orly.

[knarf]

Does your mother know you’re still an @$$hole?

[Blood of Tyrants]

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.

[Blood of Tyrants]

See my post #95.

[oldfart]

bump

[pissant]

Get lost, O-sniffer

[Alamo-Girl]

Thanks for the ping!

[Old Sarge]

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NOTHING FOLLOWS

EOM EOM EOM