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.
A politician who’s a bastard? The horror!
Nobody cares. Really.
100 years ago, certainly.
50 years ago, maybe.
But now? Naaahhhh!
McCain’s opposition in the 2010 primary should be able to easily raise money to oppose him.
Odd that 0bama believes it's a shameful punishment, though...
Oh, goody ... let's add forum shopping to the fact that this Taitz woman is not a very competent attorney.
In some parts of the world, yes.
Doubt it. We’ll probably be buried in the same trench.
There’s a revolting thought, being next to the likes of you for eternity.
Yes, they love to gloat, but the next one they may not be.
No, surprisingly by George W. Bush.
But never underestimate his ability to spin it if that is, in fact, the deep dark secret hidden away on his birth certificate.
I suspect sometime between now and the deadline.
Like I asked yesterday, is this the letter of someone who is willing to work with the counsel of the other case she's tied with?
Wow, how does one respond that?
Well, at least in a way that won’t get me banned.....
We'll see. After all, she has some free time now since her presence is no longer needed in Georgia.
Is Orly Tatz before this judge?
Okay you are right. Dred Scott was a very well reasoned ruling — that is what is to damn bloody about it, and we “gut feeling” has to be the final arbitrator as applied to laws written by man. That’s why Juries and Mandamus and Habeas — a way of making super well reasoned law that ends up not being Truth, to mesh with the real world.
Dred Scott was super well-reasoned, an exercise in pure legal reasoning.
This ruling in Georgia today is not any of that. It is — mark it by it’s words! — a emotional outburst of a cranky arrogance.
You are right. They are vastly different. One pure logic, the other pure bully crankiness.
Both wrong. Both rulings cheered on by many in the establishment, but despised by those who at the time were considered the lowly.
typos: that is what is so damn bloody about it, and why gut feeling has to be the final arbitrator as applied to laws written by man.