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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

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1 posted on 09/21/2009 10:11:48 PM PDT by Red Steel
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To: Red Steel

A 35 page response from Taitz.


2 posted on 09/21/2009 10:13:17 PM PDT by Red Steel
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To: Red Steel

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.


3 posted on 09/21/2009 10:15:37 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Frantzie
It looks like it. I have got to read it yet, but above you'll see this

"President of the Senate during the certification of the electoral vote to Congress pursuant to 3 U.S.C. §15,..."

4 posted on 09/21/2009 10:18:10 PM PDT by Red Steel
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To: Frantzie

She did incorporate Leo’s suggestions - right at teh bottom of your posting. Mentions Cheney etc.


5 posted on 09/21/2009 10:18:47 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Red Steel; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; ...
.

Image and video hosting by TinyPic

6 posted on 09/21/2009 10:19:17 PM PDT by LucyT
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To: Red Steel

have = haven’t


7 posted on 09/21/2009 10:20:00 PM PDT by Red Steel
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To: Frantzie

8 minutes since you posted and no trolls or ACORN stooges yet. Maybe they are on a coffee break.


8 posted on 09/21/2009 10:20:07 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Red Steel

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


9 posted on 09/21/2009 10:21:19 PM PDT by F15Eagle (1 John 5:4-5, 4:15, John 11:25, 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13, John 6:69)
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To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

~~PING!


10 posted on 09/21/2009 10:25:26 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: Red Steel

BUMP


11 posted on 09/21/2009 10:26:47 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Red Steel

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.


12 posted on 09/21/2009 10:26:56 PM PDT by ReneeLynn (Socialism is SO yesterday. Fascism, it*s the new black.)
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To: ReneeLynn

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.

http://naturalborncitizen.wordpress.com/2009/09/17/barnes-v-obama-important-discovery-is-available-now-according-to-judge-carters-order-of-sept-17-2009/


13 posted on 09/21/2009 10:37:09 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: EternalVigilance

Ping


14 posted on 09/21/2009 10:37:44 PM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: Red Steel

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.


15 posted on 09/21/2009 10:38:45 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: LucyT

TANKS,Lu...


16 posted on 09/21/2009 10:42:01 PM PDT by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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To: ReneeLynn

>>> 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.


17 posted on 09/21/2009 10:50:48 PM PDT by Safrguns
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To: 1COUNTER-MORTER-68; All; Spunky; ~Kim4VRWC's~; 1035rep; 2ndDivisionVet; 4woodenboats; 5Madman2; ...

Must read!


18 posted on 09/21/2009 10:52:13 PM PDT by FARS ( Be happy, Be well)
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To: Safrguns

Sounded like Keyes wrote it himself.


19 posted on 09/21/2009 10:52:53 PM PDT by Safrguns
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To: Red Steel
Could someone explain this to a big fat dummie. Is this good or bad? My wife wants to know.
20 posted on 09/21/2009 10:53:30 PM PDT by jarofants
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To: Frantzie; Red Steel
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.

Yes, and I hope and pray the best and most help is for our side.

21 posted on 09/21/2009 10:56:33 PM PDT by thecodont
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To: Frantzie

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”.


22 posted on 09/21/2009 10:56:39 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Red Steel

Thanks for posting this. I was looking for Taitz' response earlier. Eager to see how this fares.


23 posted on 09/21/2009 11:00:08 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: FARS

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.


24 posted on 09/21/2009 11:01:09 PM PDT by MestaMachine (One if by land, 2 if by sea, 3 if by Air Force 1.)
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To: jarofants

>>> 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.


25 posted on 09/21/2009 11:02:29 PM PDT by Safrguns
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To: SatinDoll
"They will be challenging the Hawaiian AG and those gorgons at records concerning the amendments Obama has been making to his “vital records”."

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

26 posted on 09/21/2009 11:10:02 PM PDT by matthew fuller (BHO-Aks not what you can do for your country; Aks only what you can do for ME ME ME!)
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To: Red Steel
" Defendant’s Motion to Dismiss at 13, ll 1517. Where Congress has done absolutely nothing to investigate or prosecute a question "

Looks like the judge left room for doubt, and made up in his mind that Congress has done nothing to bring some kind of remedy to this.
27 posted on 09/21/2009 11:19:59 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

>8 minutes since you posted and no trolls or ACORN stooges yet. Maybe they are on a coffee break.

**************************

ALL of them? Impressive!


28 posted on 09/21/2009 11:23:19 PM PDT by ROTB ("By any means necessary" apparently includes helping pimp underage sex slaves, and serial lying.)
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To: FARS

TY for the ping! We fight on!


29 posted on 09/21/2009 11:23:31 PM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: Frantzie
As the Bible says, God uses the simple things to confound the wise.
There were those who said that ORLY was incompetent, and in fact, it was the DOJ lawyers who screwed up here......
Does anyone get the feeling that a certain someone is looking out for us ?
30 posted on 09/21/2009 11:24:08 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: Red Steel
My first impression even though I am extremely tired is that this is a couple notches higher in quality that Orly had in the past. It expresses a lot of arguments that are backed in law and common sense. Among other things it challenged the past case dismissals based on standing, which by itself is new and unresolved. It gives Judge Carter a lot of options to hang is hat on to toss the MTD, By reference she also incorporated Kreeps response. Maybe just maybe Orly has calmed down a little and can see this thing through to a conclusion one way or the other. It is worth the read and expresses many thoughts people here have had about the government's and past judges cavalier attitude towards WE THE PEOPLE. I hope Judge Land in Georgia sleeps well after reading this,

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.

31 posted on 09/21/2009 11:24:15 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: Safrguns

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.


32 posted on 09/21/2009 11:24:57 PM PDT by MestaMachine (One if by land, 2 if by sea, 3 if by Air Force 1.)
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To: Safrguns

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.

**********************************8

THANK YOU!!!!!


33 posted on 09/21/2009 11:25:26 PM PDT by ROTB ("By any means necessary" apparently includes helping pimp underage sex slaves, and serial lying.)
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To: MestaMachine
" Now, I will go back to my dark corner and recross my fingers and toes "

Praying is better.
34 posted on 09/21/2009 11:29:09 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: MestaMachine; All

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.


35 posted on 09/21/2009 11:31:33 PM PDT by FARS ( Be happy, Be well)
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To: MestaMachine

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.


36 posted on 09/21/2009 11:32:45 PM PDT by Safrguns
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To: Safrguns

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.


37 posted on 09/21/2009 11:35:06 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: ROTB
Yeah,,,, us " Birthers " are just crazy you know ( in spite of that fact that it looks like a Judge has a inclining that we are on the right track ) ......
A crazy birther for the truth.
38 posted on 09/21/2009 11:35:32 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: American Constitutionalist

>>> 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.


39 posted on 09/21/2009 11:35:57 PM PDT by Safrguns
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To: American Constitutionalist

“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.


40 posted on 09/21/2009 11:37:10 PM PDT by MestaMachine (One if by land, 2 if by sea, 3 if by Air Force 1.)
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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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