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Orly Taitz - Defendents oppose transfer of case (Quo Warranto to DC )
Oil Immigration.org ^ | January 11th, 2010 | David-Crockett

Posted on 01/11/2010 12:47:03 PM PST by Red Steel

It is my best guess that Obama’s attorneys figured that once Judge Carter dismissed it was over… far from it! Orly has come back with a strong offense. For sure the Justice Department (Obama, et al) is doing its best to stop Judge Carter from approving the transfer to Judge Lamberth in Washington DC. Orly filed a nice response to their opposition.

Below are some highlighted excerpts from the filing:



Orly has pointed out that Judge Carter promised to hear the case on its merits. The Justice Department defending Obama conned the Judge into dismissing and used the excuse of “jurisdiction” claiming only Quo Warranto can be brought in Washington DC.



Orly said, “fine, let’s move the case.” She is asking Judge Carter to move the case to Judge Lamberth’s court in DC. This would serve to best expedite the case, including discovery.



Orly is making sure that Judge Carter is aware of the fact that the Justice Department and Eric Holder have been stalling for many months now. An original Quo Warranto was filed in Judge Taylor’s Washington DC court (he has since retired.. couldn’t stand the heat in my opinion).. that was back in March, 2009. The Justice Department has done everyting in its power to stall, hide, ignore the case..



Orly is telling the Judge that the longer he waits to allow “we the people” to seek justice in court the more damage that Obama does to our Country. The Justice Department is basically defending a Usuper in office.. the entire system appears to be corrupt.. of course, Eric Holder is simply a puppet for Obama.



We hope and pray that Judge Carter allows this case to be transferred.. Obama will have a much tougher time getting the case dismissed in Washington DC if Carter allows the transfer.. Any kind of ruling against Obama will set a precedent that could literally force the Court into action.




TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; citizen; citizenship; colb; colbaquiddic; eligibility; hawaii; honolulu; indonesia; ineligible; kenya; lawsuit; naturalborn; naturalborncitizen; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; orlytaitz; passport; taitz; usurper; whackamole
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1 posted on 01/11/2010 12:47:04 PM PST by Red Steel
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To: Red Steel
Orly has come back with a strong offense.

Other than her shrill voice and amusing lunacy?

2 posted on 01/11/2010 12:48:56 PM PST by humblegunner
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To: LucyT; danamco; Canadian Outrage; little jeremiah

Info ping.


3 posted on 01/11/2010 12:49:24 PM PST by Red Steel
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To: Red Steel

“FREE THE LONG FORM!”


4 posted on 01/11/2010 12:49:26 PM PST by Dryman ("FREE THE LONG FORM!")
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To: humblegunner

Not stronger than the shrillness lunacy from the wacky opposition.


5 posted on 01/11/2010 12:52:05 PM PST by Red Steel
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To: Dryman

Yes but I’m afraid the new forgery has had time to artificially age. I hope not.


6 posted on 01/11/2010 12:53:26 PM PST by freebird5850 (O-Bomba is not the Messiah. Jesus was a carpenter and could build a cabinet!)
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To: humblegunner

Let’s see you come up with a winning plan.


7 posted on 01/11/2010 12:54:29 PM PST by GilGil
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To: humblegunner

I’m glad that our country and our constitution isn’t relying on you for any help.

Thank God for Russian immigrants, eh, humblegunner?

If you think you can do better than Mrs. Taitz, then I suggest you put your money where your mouth is, or get out of her way.


8 posted on 01/11/2010 12:55:28 PM PST by chris37
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To: GilGil
Let’s see you come up with a winning plan.

A winning plan for tilting at windmills?

I'll get right to work on that.

9 posted on 01/11/2010 12:56:57 PM PST by humblegunner
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To: ml/nj; firebrand; grey_whiskers; Candor7; george76; pissant; LucyT; BP2; patriot08; SatinDoll; ...

Ping!!!


10 posted on 01/11/2010 12:57:43 PM PST by justiceseeker93
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To: chris37
If you think you can do better than Mrs. Taitz, then I suggest you put your money where your mouth is, or get out of her way.

I'm sure I can't be a better shrill lunatic than she can.

How exactly am I in her way?

11 posted on 01/11/2010 12:59:20 PM PST by humblegunner
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To: Red Steel

Just a quick question...When should we expect news as to whether or not the request was granted? 30 days? 60 days? Never?


12 posted on 01/11/2010 1:03:03 PM PST by camerongood210
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To: humblegunner

Do you think she will succeed in getting the case transferred to WDC?


13 posted on 01/11/2010 1:06:10 PM PST by UCANSEE2
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To: Red Steel

My guess is that Barak Hussein Obama, currently President of the U.S., was born in Hawaii and is a natural-born citizen.

However - my kid had to show his birth certificate to join a soccer team when he was 6. Why shouldn’t a candidate for the Presidency have to do the same?


14 posted on 01/11/2010 1:06:38 PM PST by RonF
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To: GilGil
Let’s see you come up with a winning plan.

Um, how about finding and nurturing electable conservative candidates to take back congress in 2010 and an electable conservative candidate to take back the presidency in 2012? It's better than relying on birther fantasies that have about as much chance of bearing fruit as I do at winning the Powerball.

People need to put down their crack pipes if they think any of these eligiblity cases will ever succeed in removing Obama from the White House. It ain't gonna happen.

15 posted on 01/11/2010 1:06:57 PM PST by Drew68
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To: GilGil; humblegunner
You were saying ...

Let’s see you come up with a winning plan.

I've got a "sure fire winning plan" -- if you think the "birth certificate" is the issue here. I've said, since right after the election, that individual states should enact legislation to require any candidate to produce his birth certificate or else he cannot be on the ballot in that state.

Several states attempted that last year, and I'm sure they'll be at it again. In my state, it failed in the Senate, but I see no reason for something like that to not be done (the state was Oklahoma, the other states were Arizona, Texas and Missouri).

That's a sure-fire method for getting the birth certificate shown.

BUT, if you're of the other segment of the birthers and think it's the citizenship of the parents, then you better hurry and get a Supreme Court decision on the matter of whether the citizenship of parents affect the natural born status of a person. It's only by that Supreme Court decision that you're going to get the final answer on that one.

So, those are the two methods for answering the problems, but I don't hold out very much hope for the Supreme Court decision. The state legislation has the best chance of anything to succeed though.

The issue of Obama's birthplace, though..., has been definitely answered...

First, you go to the main State of Hawaii, Department of Health webpage (as shown below in the first link, then you go to the Archived Press Releases (as shown in the second link) and lastly, you go to the actual press release from the State of Hawaii, Department of Health, in PDF format. You'll notice that all the links are the official website each one tracks to the next one, and to the actual press release itself.

State of Hawaii, Department of Health webpage

State of Hawaii, Department of Health, Archived News Releases

State of Hawaii, Department of Health Press Release, July 27, 2009
[viewable as a PDF file of the official State of Hawaii Press Release]


It is the following information, presented here text (not formatted exactly the same way, but all the same words), on that PDF file, with the official State of Hawaii seal on it...


DEPARTMENT OF HEALTH

News Release

LINDA LINGLE
GOVERNOR


CHIYOME LEINAALA FUKINO M.D.
DIRECTOR
Phone: (808) 586-4410
Fax: (808) 586-4444


For Immediate Release: July 27, 2009 -- 09-063

STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D.

“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.”

###




As far as addressing the issue from an official State of Hawaii pronouncement, since they are the holders of the original information, and have certified as a statement from the State of Hawaii (again the original maintainers and certifiers of that information) regarding the birth of Barack Obama -- this seems to wrap it up.

It doesn't get any more original or any more certified than this, as far as state records are concerned.

16 posted on 01/11/2010 1:09:20 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: humblegunner
I'm sure I can't be a better shrill lunatic than she can.

That's kind of 'iffy'. If ya know what I mean.

: )

17 posted on 01/11/2010 1:09:32 PM PST by UCANSEE2
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To: Drew68
You were saying ...

People need to put down their crack pipes if they think any of these eligiblity cases will ever succeed in removing Obama from the White House. It ain't gonna happen.

With Orly Taitz, some FReepers here have made an argument that Orly is working for Obama... LOL...

18 posted on 01/11/2010 1:10:53 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: humblegunner
Other than her shrill voice and amusing lunacy?

If we could force Obama to listen to her 'speeches' every day, it might get him to resign.

19 posted on 01/11/2010 1:11:50 PM PST by UCANSEE2
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To: UCANSEE2
Do you think she will succeed in getting the case transferred to WDC?

The case was dismissed with prejudice. The judge has no power to transfer it now. If Orly wanted it transferred, she had to ask for transfer before the case was dismissed. Orly's motion will be denied.

20 posted on 01/11/2010 1:12:34 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Red Steel

thanks for posting, appreciate the update.


21 posted on 01/11/2010 1:12:37 PM PST by Fred Nerks (FAIR DINKUM!)
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To: RonF

Yes, it’s completely aburd Obama will not voluntarily show his long form BC and many other of his life credential documents.


22 posted on 01/11/2010 1:12:49 PM PST by Red Steel
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To: RonF
If as Comrade Obama Jr claims his dad was Barak Hussein Obama Sr, of Kenya,
than it's not possible for Junior to be a Natural Born Citizen of the U.S.

At the time of the drafting and ratification of the United States constitution,
the definition of natural born citizen, combined both the principles of jus soli and jus sanguinis.

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.
As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”
Emmerich De Vattel, (1714-1767,) Law of Nations, 1758, § 212, "Of the citizens and naturals."

23 posted on 01/11/2010 1:13:42 PM PST by ASA Vet (Iran should have ceased to exist Nov 5, 1979, but we had no president then either.)
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To: Drew68

People that smoke crack are the obama voters


24 posted on 01/11/2010 1:15:26 PM PST by manonCANAL
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To: BuckeyeTexan

Time to ping the whack-a-mole folks!


25 posted on 01/11/2010 1:16:19 PM PST by Drew68
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To: Lurking Libertarian

Thank you for an honest, and rational answer.


26 posted on 01/11/2010 1:17:45 PM PST by UCANSEE2
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To: Red Steel

Barnett v. Obama is dead, dismissed, over, stiff, dormant, mummified, ossified, inanimate, bereft of life — except in the 9th Circuit Court of Appeals, where it will live a short, unproductive and inglorious life.


27 posted on 01/11/2010 1:18:06 PM PST by browardchad ("Everyone is entitled to his own opinion, but not to his own fact." - Daniel P Moynihan)
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To: Red Steel
To whom should we write or call to encourage this case to move forward?

Orly states that people have sent faxes, letters, and made phone calls. What or where are the calling, writing, and faxing?

How can we help?

Maybe the people who are organizing the “Flood It” campaign on January 20th could help organize a protest.

28 posted on 01/11/2010 1:18:57 PM PST by wintertime (Good ideas win! Why? Because people are not stupid!)
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To: wintertime

We all need to get the State-run media to start reporting on this and doing in-depth reporting on this case. Unless or until that happens, nothing will happen with this issue.
We all know the State-run media does not want to touch this with a 50 foot pole. ABC,NBC,CBS, MSNBC, CNBC, et al would be much happier reporting on some folly relating to Bush, Cheney, Palin, etc.


29 posted on 01/11/2010 1:22:46 PM PST by Mr. Wright
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To: Lurking Libertarian; UCANSEE2
The case was dismissed with prejudice.

-snip-

Legal Analysis by John Charlton

Considering that Federal Rules of Civil Procedure indicate that the statement, “dismissed with prejudice,” closes a case in such a way as to prevent the filing of a new action or the filing of an amended complaint to continue the case with a modified claim, Dr. Taitz’s filing gave the court the benefit of the doubt, and considered all the injustice and dishonesty already shown by Judge Carter as something that, in view of greater issues, could be overlooked for the present.

But no such honor was to be found sitting at Judge Carter’s desk of tyranny.

His in-chamber order, issued today was as brief as it was laughably mendacious:

PROCEEDING (IN CHAMBERS): CLARIFYING ORDER GRANTING MOTION TO DISMISS OF
OCTOBER 29, 2009

The Court is in receipt of Plaintiffs’ Motion for Clarification regarding whether the October 29, 2009 Order was a dismissal with or without prejudice.

The Court’s dismissal of Plaintiff’s First Amended Complaint on October 29, 2009 was a dismissal without leave to amend and with prejudice.

The Clerk shall serve this minute order on all parties to the action.

Mendacious, because no matter what Carter thinks his authority is, his authority and power are not capable of changing the past and adding words or significance, wherein no words or signification existed.

History herself recalls, that Judge Carter’s ruling of Oct. 29th clearly did not contain the words “dismissed with prejudice” nor any statement that the dismissal was “without leave to amend.”

Carter has, thus, closed the case and found himself guilty of the most grave breach of judicial ethics:  lying to plaintiffs and their counsel in July in promising them a hearing on merits, as a trick to avoid having to render a default judgment against Obama for not responding to the service of court papers; hiring as a clerk a lawyer who is politically tied to the defendants; including false and unsubstantiated claims in his ruling of Oct. 29th with a purpose of defaming and libeling Dr. Orly Taitz; and finally, with great mendacity, claiming his order of Oct. 29th was something it never was in law.

Not the least of his crimes was his trashing of the constitutional rights of the plaintiffs in his Oct. 29th ruling.

- end snip-

http://www.oilforimmigration.org/facts/?p=4829

30 posted on 01/11/2010 1:22:46 PM PST by Red Steel
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To: Drew68
Guacamole ('whack-a-mole') PING
31 posted on 01/11/2010 1:25:24 PM PST by UCANSEE2
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To: Drew68
Time to ping the whack-a-mole folks!

Time to wack a deranged After-birther folks!

32 posted on 01/11/2010 1:25:24 PM PST by Red Steel
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To: Red Steel

And now we hear the other side of the story.

Thank you.


33 posted on 01/11/2010 1:28:36 PM PST by UCANSEE2
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To: Star Traveler
Several states attempted that last year, and I'm sure they'll be at it again. In my state, it failed in the Senate, but I see no reason for something like that to not be done (the state was Oklahoma, the other states were Arizona, Texas and Missouri).

My favorite was Missouri. Someone submitted a bill that made it mandatory that candidates show their long form birth certificates. They withdrew the bill when it was pointed out that Missouri only issues short forms.

34 posted on 01/11/2010 1:30:42 PM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: wintertime

Taitz at the very least keeps things in the news which adds more pressure and to the other Donofrio/Pidgeon Quo Warranto case. It’s better than even money the truth about Obama will come out, although it may be when he’s out of office.


35 posted on 01/11/2010 1:33:12 PM PST by Red Steel
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To: Red Steel

Would you say it boils down to who has the most power the bend the law to suit their goals?


36 posted on 01/11/2010 1:33:40 PM PST by UCANSEE2
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To: humblegunner
I'm sure I can't be a better shrill lunatic than she can.

Go stand up and fight for the constitution of america, humblegunner. Put your ass on the line. Show me what you got rather than anonymously tossing stones from an internet forum at those who do. What's funny to me is that she has more balls than you do, apparently, a lot more.

How exactly am I in her way?

See above.

37 posted on 01/11/2010 1:33:56 PM PST by chris37
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To: Red Steel

(sorry)

Would you say it boils down to who has the most power to bend the law to suit their goals?


38 posted on 01/11/2010 1:34:21 PM PST by UCANSEE2
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To: chris37; humblegunner
Go stand up and fight for the constitution of america, humblegunner. Put your ass on the line.

For all you know, he may already have done just so.

39 posted on 01/11/2010 1:37:15 PM PST by UCANSEE2
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To: UCANSEE2

Somehow I doubt it.


40 posted on 01/11/2010 1:38:33 PM PST by chris37
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To: UCANSEE2

If Carter can change his “closed ruling” after almost 2 months past, it is not inconceivable he could resort to ‘ex post facto, again. He did it once in his court means he could do it again.


41 posted on 01/11/2010 1:39:24 PM PST by Red Steel
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To: Dryman; Red Steel
"“FREE THE LONG FORM!”"

In addition...

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

 

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
http://fightthesmears.com/articles/5/birthcertificate.html

 

 

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate.

42 posted on 01/11/2010 1:40:23 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Star Traveler
Star Traveler,

It is possible for conservatives to disagree on whether on not Obama’s eligibility deserves attention ...but...when DOJ obfuscating, distorting, and deliberately confusing arguments are used to defend Obama, then don't be surprised when some consider who use these tactics to be TROLLS!

43 posted on 01/11/2010 1:42:31 PM PST by wintertime (Good ideas win! Why? Because people are not stupid!)
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To: Bubba Ho-Tep
You were saying ...

My favorite was Missouri. Someone submitted a bill that made it mandatory that candidates show their long form birth certificates. They withdrew the bill when it was pointed out that Missouri only issues short forms.

That's the first time I heard the results and reason why about the State of Missouri... interesting.

But, even if they amended it and had whatever was required and produced (for a birth certificate) for anything else -- legally -- why couldn't they have made that change for Missouri and required the same of all candidates there?

Now, the peculiar thing about that -- is that I've read a few posts elsewhere on Free Republic (over the months...) that have said that to get a passport that you have to have a long form birth certificate, while others said no you didn't. And if a state does not issue long form birth certificates -- does that mean that those people in that state (who were born there) cannot get U.S. passports?

Just wondering... :-)

44 posted on 01/11/2010 1:44:41 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: rxsid

Irrelevant. Obama isn’t a Natural Born Citizen.


45 posted on 01/11/2010 1:45:07 PM PST by ASA Vet (Iran should have ceased to exist Nov 5, 1979, but we had no president then either.)
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To: Red Steel
Here come the plaintiffs in the case

Oh come on, is she really a lawyer?

46 posted on 01/11/2010 1:45:11 PM PST by Jean S
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To: UCANSEE2
Would you say it boils down to who has the most power to bend the law to suit their goals?

Dang close. A judge doesn't have to proceed in any civil suit case for any reason he promulgates or putsforth. In this case, the judiciary has a hot potato where they do not have the balls to face...yet.

47 posted on 01/11/2010 1:47:09 PM PST by Red Steel
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To: wintertime
You were saying ...

It is possible for conservatives to disagree on whether on not Obama’s eligibility deserves attention ...but...when DOJ obfuscating, distorting, and deliberately confusing arguments are used to defend Obama, then don't be surprised when some consider who use these tactics to be TROLLS!

Ahhh...., I think you said this somewhere else, so I'll post my same answer... :-)



But....When so-called conservatives use DOJ talking points regarding Obama’s natural born status, don't be surprised when those defending the Constitution label them TROLLS!

Those talking points that you're referring to may be out there somewhere, but I don't know where they are. If I say certain things that you've heard elsewhere, it's because when I've looked at this -- it's what I come up with just thinking about it on my own and analyzing it on my own.

The statement by the State of Hawaii, of course, is not my own, but that's a matter of an official statement and a matter of record, so that's something that is very important to refer to and is valid.

I just read on another FReeper post, just a few minutes ago, that Clinton said to Kennedy that he was supporting Obama just because he is black. Now, I might come up with that same assessment, but it doesn't mean that I read it from Clinton and I decided to take "Clinton's talking points" from him and then repeat them. It's just that I figured out the same thing myself... LOL...

48 posted on 01/11/2010 1:48:04 PM PST by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: GilGil; humblegunner
Let’s see you come up with a winning plan.

OK --

(a) Get rid of Oily Taitz as the poster child for the birther movement. Although her heart may be in the right place, she is clearly over-matched in the courtroom, and she really does not seem to understand the litigation process.

(b) Nearly every state, if not every state, has a very specific procedure for challenging the qualifications of candidates for office at the federal, state, and local level. In most jurisdictions, the statute of limitations begins to run at or about the time the candidate's name is placed on the ballot. The time to initiate the challenge is very short to ensure that that these disputes are litigated before the election and not after the winner is sworn into office. Even the appeals process is expedited to ensure appellate review prior to the election. Why? Because elections are expensive, and public policy dictates that we resolve "qualification disputes" before the ballots are printed, the elections are held, and winner is sworn into office. Indeed, the only challenges that are allowed after the election relate to the qualifications of the voters, the conduct of the election, and the accuracy of the count.

(c) The time is now to end the legal challenges to 0bama's qualifications with respect to the 2008 election. The focus now should be on formulating a plan to timely challenge his qualifications in several key Red States as soon as his name is placed on the ballot. The law suits should be commenced in several states in the name of an opposition candidate and/or opposition party, and not some soldier that doesn't want to go to Iraq or Afghanistan. The law suit would challenge Obama's qualifications to appear on the ballot on a state-by-state basis, much the way a candidate challenges the authenticity of signatures on their opponent's nominating petition or challenges the qualifications of a candidate based upon his of her residency.

49 posted on 01/11/2010 1:49:45 PM PST by Labyrinthos
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To: Jean S

She still has a license to practice law despite her critic’s efforts. Obama is still in the White House where he shouldn’t be...come on.


50 posted on 01/11/2010 1:49:46 PM PST by Red Steel
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