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U.S. Attorneys' Office moves to dismiss Orly Taitz's Quo Warranto case
U.S. District Court for D.C. ^ | 02/26/2010 | U.S. Attorneys' Office

Posted on 03/02/2010 1:15:47 PM PST by BuckeyeTexan

U.S. Attorneys with the Department of Justice have moved to dismiss Orly Taitz's Quo Warranto case for lack of jurisdiction. Additionally, the U.S. Attorneys' Office asserts that any judicial or bar sanctions against Dr. Taitz are the consequences of her own actions.

"Although, to Defendant's knowledge, this is Dr. Taitz’s first case in which she serves as Plaintiff, this is not her first bite at the apple, or even her second: she has unsuccessfully represented plaintiffs in at least three judicial districts seeking to raise similar claims. In each of these cases, the United States district courts have declined to find jurisdiction and have denied relief similar to the ultimate relief sought here.

Dr. Taitz's Complaint suffers from exactly the same defects that doomed many of her previous litigation efforts. Simply put, her allegations about the President's citizenship are not a concrete and particularized injury, as required to establish standing under the "case or controversy" requirement of Article III, and the harms that she has suffered from judicial and/or bar sanctions for her conduct in litigation are the consequences of her own actions and not in any way traceable to any legal claim cognizable against Defendant."

As attachments to the Motion to Dismiss, the U.S. Attorneys' Office filed the dockets from Cook v. Good, Barnett v. Obama, and Rhodes v. McDonnell and a citation from Judge Clayton Land’s opinion in Rhodes v. McDonnell as examples of Dr. Taitz's failed litigation and contemptible conduct.

Defendant's Motion to Dismiss - Taitz v. Obama, Civil Action No.: 10-0151 in the U.S. District Court for the District of Columbia

Defendant's Opposition to Motion for Preliminary Injunction - Taitz v. Obama, Civil Action No.: 10-0151 in the U.S. District Court for the District of Columbia

Defendant's Corrected Memorandum on Motion to Dismiss - Taitz v. Obama, Civil Action No.: 10-0151 in the U.S. District Court for the District of Columbia

Dr. Taitz responded on her blog that she's too busy to look at the filings but will comment when she has a chance to read them.

Additionally, the U.S. Court of Appeals for the Eleventh Circuit denied Dr. Taitz's motion to reinstate her appeal in Cook v. Good, which she filed late and printed double-sided in violation of court rules. The docket and the case are now closed.


TOPICS: News/Current Events; Political Humor/Cartoons; Politics/Elections
KEYWORDS: afterbirthers; birthcertificate; birthers; certifigate; eligibility; howlermonkeys; obama; orlytaitz; quowarranto; whackamole
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1 posted on 03/02/2010 1:15:48 PM PST by BuckeyeTexan
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To: mlo; Non-Sequitur; parsifal; Pilsner; Drew68; curiosity; Sibre Fan; El Sordo; MilspecRob; ...

Ping to an Orly Taitz whack-a-mole thread.


2 posted on 03/02/2010 1:17:24 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan
Additionally, the U.S. Court of Appeals for the Eleventh Circuit denied Dr. Taitz's motion to reinstate her appeal in Cook v. Good, which she filed late and printed double-sided in violation of court rules.

Can you say "malpractice," boys and girls?

I knew you could!

3 posted on 03/02/2010 1:18:22 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: BuckeyeTexan

The only thing it would take to show the birth certificate would be a march of about 100,000 people sitting in on the national mall.


4 posted on 03/02/2010 1:23:23 PM PST by rjp2005 (Lord have mercy on us)
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To: BuckeyeTexan

.....she is too busy to comment now....

She also appears to be too busy to learn even a rudimentary knowledge of the law or court procedures.


5 posted on 03/02/2010 1:24:03 PM PST by mono
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To: rjp2005
The only thing it would take to show the birth certificate would be a march of about 100,000 people


6 posted on 03/02/2010 1:27:17 PM PST by humblegunner
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To: BuckeyeTexan
Dr. Taitz responded on her blog that she's too busy to look at the filings but will comment when she has a chance to read them.

To busy doing what? Did someone let a TV camera get near her?

Maybe if some one told her they were fillings and not filings then it might pique her professional curiosity?

7 posted on 03/02/2010 1:33:18 PM PST by Non-Sequitur
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To: BuckeyeTexan

8 posted on 03/02/2010 1:33:30 PM PST by ari-freedom (Rush:Remember to put your faith in ideas and not people. People will always, always disappoint you!)
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To: rjp2005

“The only thing it would take to show the birth certificate would be a march of about 100,000 people sitting in on the national mall.”

It also wouldn’t hurt to have lawyers with a clue.


9 posted on 03/02/2010 1:36:40 PM PST by ari-freedom (Rush:Remember to put your faith in ideas and not people. People will always, always disappoint you!)
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To: All

Dosen’t this Taitz person come up the the REAL birth certificate every other week ?


10 posted on 03/02/2010 1:45:13 PM PST by sonic109
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To: BuckeyeTexan

How DARE an American citizen demand Obama satisfy the Constitution!


11 posted on 03/02/2010 1:45:56 PM PST by Oldpuppymax
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To: BuckeyeTexan

Go Lady Liberty!


12 posted on 03/02/2010 1:49:09 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: BuckeyeTexan

keep holding your breath....

these are the types of things that allow the lefties to point at conservatives and holler nut case


13 posted on 03/02/2010 1:53:05 PM PST by the long march
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To: BuckeyeTexan
US DoJ admits Taitz has standing and tries to cover with Corrected Memorandum.

In fact, Taitz claims in her complaint she has been subjected to attacks by "Obama's supporters and some judiciary, acting as tools to silence her ..."

Cf. Younger v. Harris, 401 U.S. 32,41 (1971) ... plaintiffs have standing when plaintiff alleges prosecution, threat of prosecution or possibility of prosecution.
14 posted on 03/02/2010 1:57:12 PM PST by SvenMagnussen (Clever tag line can only be seen on the other Internets.)
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To: BuckeyeTexan

BWAAAAHAHAHAHAHAHA! 99.99999% chance it will be granted. .00001% chance not. Maybe they ask Obama to put a certified COLB in the record to shut some of these goobers up. But, I look for this to happen in 2012 to gut the GOP of its base.Maybe this year to help save Congress.

parsy, who bets Orly, Queen of the Birthers, hasn’t got a clue what to do...


15 posted on 03/02/2010 1:57:59 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan
I'm no attorney. But it seems to me the fed attorneys missed an obvious point - the tort actions filed in the past had the issue of standing because there was some injury at issue.

A quo warranto action is about whether an official is qualified to hold an office, whether or not they have 'injured' anyone. So the the question of 'standing' is moot.
16 posted on 03/02/2010 1:59:24 PM PST by RideForever
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To: the long march

True.

parsy


17 posted on 03/02/2010 2:00:46 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: the long march

True.

parsy


18 posted on 03/02/2010 2:00:47 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: the long march

True.

parsy


19 posted on 03/02/2010 2:00:48 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: mono
She also appears to be too busy to learn even a rudimentary knowledge of the law or court procedures.

Those details are for the little lawyers, she's the Queen of the Birthers>

20 posted on 03/02/2010 2:01:59 PM PST by lucysmom
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To: humblegunner

I was hoping you would do this!!!

Hey, BTW, I have found out there is a Birther Grotto of True Evidence that they are holding back so none of us will tell Eric Holder. ROTFLMAO!!! Like a bunch of clowns, I suspect the Grotto is full of lemon meringue pies and seltzer bottles and at the proper moment, not now of course because its secret, but at the proper time, they will bust out of the Grotto and throw pies at each other and shoot seltzer down each other’s pants.....Too funny......

parsy, who is having way too much fun with their antics....


21 posted on 03/02/2010 2:07:04 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan

Keep on keepin’ on, Orly. Doing something and failing is better than doing nothing and maintaining the status quo. This gal is a true American (maybe not natural born, like our Prez) coz’ she never gives up.


22 posted on 03/02/2010 2:07:20 PM PST by kiltie65
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To: sonic109
Dosen’t this Taitz person come up the the REAL birth certificate every other week ?

Exactly why the court should grant her DISCOVERY.

23 posted on 03/02/2010 2:09:08 PM PST by lucysmom
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To: parsifal
Do not underestimate the power of the collective!

Secret pies and seltzer and classified clown shoes have far
more influence than the regular kind. You WILL be assimilated.

24 posted on 03/02/2010 2:11:45 PM PST by humblegunner
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To: Non-Sequitur
To busy doing what?

She's busy filling out forms to run as California Secretary of State. She and Jerry Brown would be great together: Governor Moonbeam and SOS Moonbat.

25 posted on 03/02/2010 2:12:35 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: kiltie65
Keep on keepin’ on making us look like fools, Orly.
26 posted on 03/02/2010 2:13:14 PM PST by humblegunner
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To: RideForever

As I understand quo warranto, the petition is filed in the name of the United States. If the U.S. Attorneys’ office won’t file it, one must ask the court for leave to file it. Only “interested persons” or an interested “third party” may petition the court. Standing is relevant.


27 posted on 03/02/2010 2:13:26 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

I have what I’m sure will be perceived as a stupid question. Why are United States attorneys requesting this be dismissed and not Obama’s lawyers?


28 posted on 03/02/2010 2:13:48 PM PST by Larry - Moe and Curly (Loose lips sink ships.)
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To: BuckeyeTexan

What a hack. Who is this woman?

>> Dr. Taitz responded on her blog that she’s too busy to look at the filings but will comment when she has a chance to read them.

Blogging about your legal proceedings is always a good idea. Its also a good idea to put in writing that you don’t have time to read your opponent’s motion.

>> Additionally, the U.S. Court of Appeals for the Eleventh Circuit denied Dr. Taitz’s motion to reinstate her appeal in Cook v. Good, which she filed late and printed double-sided in violation of court rules

Good grief. Completely incompetent. If she actually represented anyone but her self, she should be sued for malpractice.

SnakeDoc


29 posted on 03/02/2010 2:18:04 PM PST by SnakeDoctor (Do you know if the hotel is pager friendly? [...] I'm not getting a sig on my beeper.)
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To: Larry - Moe and Curly

The DOJ defends the POTUS in any litigation, except in the case of Clinton who was sued for his as Governor of Arkansas. He had to provide his own defense.


30 posted on 03/02/2010 2:18:55 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

Hopefully this will finish her off and we won’t have to hear about this ridiculous garbage any longer


31 posted on 03/02/2010 2:21:53 PM PST by Neets
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To: browardchad

I forgot the H/T to you on this. Thanks for the information.


32 posted on 03/02/2010 2:24:15 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: Neets

We’re thinking she’ll turn up on a reality show fixing teeth and giving legal advice.


33 posted on 03/02/2010 2:28:23 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: Larry - Moe and Curly
"Why are United States attorneys requesting this be dismissed and not Obama’s lawyers?"

Because Obama is the President. The US Attorneys are his lawyers.
34 posted on 03/02/2010 2:30:10 PM PST by EnderWiggins
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To: SnakeDoctor
Blogging about your legal proceedings is always a good idea. Its also a good idea to put in writing that you don’t have time to read your opponent’s motion.

Add to your list stalking Supreme Court Justices.

35 posted on 03/02/2010 2:33:13 PM PST by lucysmom
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To: humblegunner

I will go down swinging!

parsy, who will Resist!


36 posted on 03/02/2010 2:36:04 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan

Or giving legal advice on how to fix teeth.

I have a funny feeling she won’t quit until she is sitting in a cell.


37 posted on 03/02/2010 2:39:45 PM PST by Neets
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To: lucysmom

And, appealing to the United Nations for protection!

parsy


38 posted on 03/02/2010 2:40:44 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: SvenMagnussen

Any judicial action against Orly is a direct result of her own actions and not malicious prosecution or persecution. As far as the persecution by Obama supporters, she can’t sue Obama for their actions.


39 posted on 03/02/2010 2:45:44 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: Non-Sequitur

filings.....fillings? Seen one, seen em all.


40 posted on 03/02/2010 2:56:20 PM PST by mono
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To: RideForever

True, but they are trying to show she does not have a good motive for doing this. Slightly relevant. Also, it is a sly way of telling the judge, as if he don’t already know, that if he leaves her in, it will turn into a Birther circus.

Birthers have hurt themselves with their attitudes and the way they have approached this. Many people believe that no matter what Obama presents, it won’t matter. Like giving a moon rock to a Moon Landing denier.

Birthers haven’t believed anything to date, so what good is a hearing? OTOH, the judge may go ahead, ask Obama for a certified COLB, and dismiss the claim.

parsy, who is betting, though, she gets trounced again


41 posted on 03/02/2010 2:57:24 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan
Orly Taitz is a true American Patriot. At least she is doing something while all you people knocking her have done nothing to unseat the usurper in the White House! Put your money where your mouth is and donate to Orly or to Phil Berg. She needs your prayers and support not your "one liners" which the Liberals will use against her. Why are you acting like grammar school playground bullies?
42 posted on 03/02/2010 3:46:35 PM PST by HighlyOpinionated (MAKE THE WHITE HOUSE A SMOKE FREE ZONE. No Cigarettes, Cigars or Pipes.)
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To: parsifal
Parsy:

Orly Taitz has verified documentation of all the Social Security Numbers used by Barry/Barack Soetoro/Obama. This includes the one he used at Occidental College that begins with 999-. These were given to FOREIGN STUDENTS and would not have been given to a US Citizen! The one he currently uses was issued to a Connecticut man born in 1890! Now why won't the Supreme Court look into the MISUSE of a STOLEN Social Security Card by someone claiming to be a US Citizen and claiming he's eligible to be POTUS? EVERY US Citizen can get a legitimate Social Security Card. 0bama is a FRAUD.

43 posted on 03/02/2010 3:51:31 PM PST by HighlyOpinionated (MAKE THE WHITE HOUSE A SMOKE FREE ZONE. No Cigarettes, Cigars or Pipes.)
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To: HighlyOpinionated

This is a new one. Do you have a good link?

parsy


44 posted on 03/02/2010 3:52:51 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BuckeyeTexan

Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?

She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!

The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!

She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.

She makes mistakes. But she will NOT give up. She will keep on until she gets it right.


I’m just screwing wit you. She is never going to get it right.


45 posted on 03/02/2010 3:55:09 PM PST by MrRobertPlant2009
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To: HighlyOpinionated

Orly is a nut. Isn’t Berg a truther? I read somewhere one of them is. Maybe him. If I am wrong, please let me know. I would suggest no one give their money to either of these people. free Republic or the Tea Party would probably be a lot better place to spend money.

And, Tru American Patriots don’t run off to the United Nations seeking protection.

parsy


46 posted on 03/02/2010 3:56:49 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: SvenMagnussen

You and Orly need to read the cases you cite instead of just cherry picking quotes that seem to agree with you.

The holding in that case is:

Other unusual situations calling for federal intervention might also arise, but there is no point in our attempting now to specify what they might be. It is sufficient for purposes of the present case to hold, as we do, that the possible unconstitutionality of a statute “on its face” does not, in itself, justify an injunction against good faith attempts to enforce it, and that appellee Harris has failed to make any showing of bad faith, harassment, or any other unusual circumstance that would call for equitable relief. Because our holding rests on the absence of the factors necessary under equitable principles to justify federal intervention, we have no occasion to consider whether 28 U.S.C. § 2283, which prohibits an injunction against state court proceedings “except as expressly authorized by Act of Congress” would, in and of itself, be controlling under the circumstances of this case.


47 posted on 03/02/2010 3:58:37 PM PST by MrRobertPlant2009
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To: HighlyOpinionated
These were given to FOREIGN STUDENTS and would not have been given to a US Citizen!

Since when do we give Social Security Cards to foreign non-citizens?
48 posted on 03/02/2010 4:01:18 PM PST by LanaTurnerOverdrive ("I've done a few things in my life I'm not proud of, and the things I am proud of are disgusting.")
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To: rjp2005
The only thing it would take to show the birth certificate would be a march of about 100,000 people sitting in on the national mall.

Or a real attorney with a real case.

49 posted on 03/02/2010 4:02:23 PM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: LanaTurnerOverdrive

Are you going to argue with something that an anonymous person sent to Orly in an email and that she published as fact?


50 posted on 03/02/2010 4:07:40 PM PST by MrRobertPlant2009
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