Skip to comments.Judge tosses out Army captain's complaint questioning president's birth; Orly Taitz on notice
Posted on 09/16/2009 9:48:30 AM PDT by vikk
U.S. District Court Judge Clay Land today tossed out a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.
Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national birther movement, on notice by stating that she could face sanctions if she ever files a similar frivolous lawsuit in his court.
(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States, Land states in his order. Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is an illegal usurper, an unlawful pretender, [and] an unqualified imposter.
Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, argued that some facts point to Obama not being naturalized or possibly an illegal immigrant.
This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president, Rhodes complaint states. This plaintiff cannot be lawfully compelled to obey this de facto presidents orders.
In his order, Land states in a footnote that Obama defeated seven opponents in a grueling primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.
It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought, Land says.
The judge adds that Congress hasnt started impeachment proceedings against Obama, appears satisfied that he can hold the office and has rejected the suggestion he isnt.
Who is Barack Obama really, and who is helping cover his tracks?
The answer to the last one....unfortunately, many people who would have classified as “conservative” are helping him cover his tracks....the ones like some of the posters on here....media types like Ann Coulter, Glenn Beck, and others who refer to Birthers as “nuts”
The sad part is that there are so many Obama Enablers on both sides....and makes you wonder why such attitude against people who are only asking for proof of his eligibility to be President
LOL, now THAT’S a scary thought!
There is a motion to dismiss the California case pending. Orly hasn't responded to it yet. (She has 4 more days). No eligibility case has survived a motion to dismiss yet.
She did her duty to determine if her CIC is legitimate. Judge Land just said that he is the legitimate CIC. Therefore Judge Land is now on the hook and he will face a higher court that will hold him accountable for his decision today.
Although your point is credible....with all the skeletons in the Clinton’s closet....and the ACORN people....Obama would have had a field day with Hillary if she raised the BC issue. And, unlike conservatives, the media would have let Obama get away with bringing up Hillary’s baggage.
She had to keep her mouth shut. She was in checkmate with Obama
Oops. I seem to have confused the case where Orly was promising to neutralize Obama by using the Heisenberg Compensator to depolarize subatomic fluctuations, with the case where Orly promised to crawl through the Jeffries Tube, and neutralize Obama with a stream of reverse tachyon particles.
I have very little hope that this will pan out to be anything... whether he was born in Kenya, or not. The wheels of justice have a big wrench in them put there by the rats and others who don’t want a constitutional crisis or Obama embarrassed by whatever is on the long form.
Wonder if we’ll ever find out the truth. I hate the arrogance of Obama and his gang doing this to us.
He wasn't depicting Obama as an underdog. He was illustrating that Obama has had multiple well-funded opponents during his campaign that presumably had access to a wellspring of opposition research available on Obama. And, none of those opponents voiced ANY concerns, let alone substantive concerns about Obama's eligibility based on facts, not conjecture and supposition.
That fact, added to the absolute absence of any evidence presented by Orly in her pleading speaks volumes about the merits of this case, or so this court (and several others) found.
The citation by land of the campaign opposition war-chests had nothing to do with Obama has an "underdog". You should read the decision.
Do you really think Rhodes will appeal?
No -- he just returned from one of those trips over the weekend as evidenced by his statement that "it would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought.
His imagination is getting the better part of his logic.
An Appelate Court is not the court I was referring to.
Gary Kreep has responded.
There is one school that thinks it does not list SAD as the mother. Wouldn’t that be fun!
“Yeah, start throwing around the word Bastard, my FRiend, and those of us that fall into that category might not be all to pleased...”
Then perhaps you should take your issue up with your mother. You are what you are due to no fault of your own.