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Judge tosses out Army captain's complaint questioning president's birth; Orly Taitz on notice
http://www.ledger-enquirer.com/news/breaking_news/story/841419.html ^

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 president’s 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 hasn’t started impeachment proceedings against Obama, appears satisfied that he can hold the office and has rejected the suggestion he isn’t.


TOPICS: News/Current Events
KEYWORDS: birthcertificate; birthers; certifigate; orlytaitz; sourcetitlenoturl
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To: Sibre Fan
Well, if you are correct, it appears that both candidates have had falsified documents or images thereof posted online attesting to their citizenship status. That would certainly explain the lack of anyone in the McCain camp pushing the issue.
161 posted on 09/16/2009 1:26:08 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: mountainbunny; mnehring

A politician who’s a bastard? The horror!

Nobody cares. Really.

100 years ago, certainly.
50 years ago, maybe.
But now? Naaahhhh!


162 posted on 09/16/2009 1:27:19 PM PDT by null and void (We are now in day 238 of our national holiday from reality. - 0bama really isn't one of US.)
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To: autumnraine

McCain’s opposition in the 2010 primary should be able to easily raise money to oppose him.


163 posted on 09/16/2009 1:30:25 PM PDT by Red Steel
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To: mountainbunny
Most people recognize that there is no shame in bringing a child into the world if the mother finds herself pregnant. That is the only correct thing to do.

Odd that 0bama believes it's a shameful punishment, though...

164 posted on 09/16/2009 1:31:06 PM PDT by null and void (We are now in day 238 of our national holiday from reality. - 0bama really isn't one of US.)
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To: TexasFreeper2009
"If you want to get results, go file it in the most conservative area of the US."

Oh, goody ... let's add forum shopping to the fact that this Taitz woman is not a very competent attorney.

165 posted on 09/16/2009 1:31:10 PM PDT by JustaDumbBlonde (America: Home of the Free Because of the Brave)
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To: mnehring
Do BCs state religion?

In some parts of the world, yes.

166 posted on 09/16/2009 1:31:18 PM PDT by altair (I hope he fails)
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To: Non-Sequitur

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.


167 posted on 09/16/2009 1:34:22 PM PDT by null and void (We are now in day 238 of our national holiday from reality. - 0bama really isn't one of US.)
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To: LucyT
The site pests are here, too.

Yes, they love to gloat, but the next one they may not be.

168 posted on 09/16/2009 1:40:00 PM PDT by Red Steel
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To: autumnraine
"By Clinton, yes."

No, surprisingly by George W. Bush.

169 posted on 09/16/2009 1:41:18 PM PDT by Mila
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To: null and void
Odd that 0bama believes it's a shameful punishment, though...

True.

But never underestimate his ability to spin it if that is, in fact, the deep dark secret hidden away on his birth certificate.

170 posted on 09/16/2009 1:43:14 PM PDT by mountainbunny (Mitt Romney: Would you buy a used car from this man?)
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To: Non-Sequitur
So when's Orly going to respond? Since she's representing the lion's share of the plaintiffs then shouldn't she be submitting something on their behalf? It's due Monday.

I suspect sometime between now and the deadline.

171 posted on 09/16/2009 1:44:38 PM PDT by Red Steel
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To: Red Steel; Sibre Fan
I hope this judge can straighten these two out or they may end up E’ffing up this golden opportunity.

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?

Link

172 posted on 09/16/2009 1:46:34 PM PDT by Non-Sequitur
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To: Saltmeat

Wow, how does one respond that?

Well, at least in a way that won’t get me banned.....


173 posted on 09/16/2009 1:49:39 PM PDT by Lord_Baltar
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To: JustaDumbBlonde
Oh, goody ... let's add forum shopping to the fact that this Taitz woman is not a very competent attorney.

That's Old* News**

*"That is the whole point, I need friendly red states with a judge with some guts to sign the judicial subpoena. Spread the word"

**"4. Looking for decent judges with some guts that would issue subpoenas"
174 posted on 09/16/2009 1:50:14 PM PDT by Sibre Fan
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To: Non-Sequitur
While I may look at your link and answer you...most likely later.

Obama has another problem brewing over here that may boil over on him. *Snicker*

175 posted on 09/16/2009 1:52:08 PM PDT by Red Steel
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To: Smokin' Joe
Well, if you are correct, it appears that both candidates have had falsified documents or images thereof posted online attesting to their citizenship status. That would certainly explain the lack of anyone in the McCain camp pushing the issue.

No no no. McCain did NOT post any birth certificates, or have any one else post them for him (I believe). SOMEONE ELSE did, saying that they were his. I'm not sure where one of them came from, but one came from a plaintiff suing him on eligibility grounds.
176 posted on 09/16/2009 1:53:00 PM PDT by Sibre Fan
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To: Red Steel
I suspect sometime between now and the deadline.

We'll see. After all, she has some free time now since her presence is no longer needed in Georgia.

177 posted on 09/16/2009 1:53:19 PM PDT by Non-Sequitur
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To: OldDeckHand

Is Orly Tatz before this judge?


178 posted on 09/16/2009 2:11:16 PM PDT by DoughtyOne (Wearing neck brace in commemoration of Ted Kennedy's contribution to our society.)
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To: OldDeckHand

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.


179 posted on 09/16/2009 2:14:28 PM PDT by bvw
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To: bvw

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.


180 posted on 09/16/2009 2:16:35 PM PDT by bvw
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