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 ^

[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.

[Lurking Libertarian]

Is Orly Tatz before this judge?

She was before this Judge. He threw her case out and warned her that he would sanction her if she filed a frivolous complaint in his court again.

[OldDeckHand]

"Is Orly Tatz before this judge?"

If you mean Judge Clay Land as "this judge", then yes - this TRO was adjudicated before Land. The hearing was on Monday of this week, with the judge issuing his ruling this morning.

[El Gato]

Had an argument with my very liberal son last night. He thinks zero doesn’t want his birth certificate shown because it says he’s a Muslim.

Tell your son that the Hawaiian birth certificate, long form, does not even show anyone's religion.

Show him this, a BC from a child born the day after Obama, actually 19 hours later on a weekend, so the form was unlike to have changed in between the births.

Now that's a little hard to read, so here is one from 1963 that has all the same fields. (The '63 copy was made in 1998 and was cropped to only show the copy of the original, and not the copy certification information (Seal, signature, etc) but one can see that the field are the same.)

[El Gato]

You expect the court to do your investigating. You have to present a case *first*, then you might get to discovery. You can't just walk into court and say I *think* he might not be qualified so can we force discovery to find out?

They don't want the court to do their investigating, they want the court to provide access to the information that would allow them to prove their case. After all what's discovery for if not to provide information supporting your case. Sure you have to have some information, but not all the final proof.

[Aria]

Thank You!!!

[El Gato]

This retarded judge needs to be disbarred. Where is the discovery we were promised!?

In Judge Carter's court in Central California. This a different case, before the same Judge who had thrown out, as moot, the Major's case a while back.

[DoughtyOne]

Thanks folks.

Isn’t it interesting what can be presented to the court by the ACLU or the left, but what can’t be by those on the right?

If it were Bush who was under consideration for whether he was a citizen or not, the courts would have approved of digging up 75% of the nation looking for evidence.

[El Gato]

OTOH, I was hoping this issue would finally get its day in court to end it once and for all — either way. This judge looked like he was going that way, so maybe somebody got to him

I think you are confounding the two cases. This judge had already heard and thrown out one of Taitz's cases.

It's judge Carter of the Central District of California that looked and looks promising.

I just noticed that Judge Land says in a footnote that Major Cook's case was dismissed for lack of standing. I though it was because the case had become moot due to the cancellation of his orders. Perhaps it was both?

It also seems Judge Land is taking an awful lot of "judicial notice" of things not presented in his court, much of it hardly common knowledge.

[El Gato]

Hillary wanted the nomination more than anything and, sadly, she would've beat McCain just as easily as Obama did.

Maybe, but she had and has very high negatives. It would have been much closer, and I believe with the high positives of Sarah Palin on the ticket, and the partial neutralization of the "female factor" by the same, McCain might very well have won.

Besides which, we don't know what the Chicago mob has on Hillary. I'm sure they have something.

[drierice]

So with this judge’s logic, that “ample opportunity existed for discovery” without results, most career criminals like Madoff would be free today.

[curiosity]

Yey! Good to see there's someone else out there combatting the myths about McCain's BC.

[little jeremiah]

HI ones don’t list religion.

[El Gato]

So she previously felt unable to obey illegal orders from an illegal chain of command ... but now she’s fine following them, for some reason?

She did not want to take the legal risk of deploying to a war zone under unlawful orders, but she has her duty as well. She'll be doing it. I'm sure any solider, Marine, airman or sailor she patches up won't give a hoot about the circumstances leading to her being there.

[Non-Sequitur]

So with this judge’s logic, that “ample opportunity existed for discovery” without results, most career criminals like Madoff would be free today.

Did the the prosecution go to the judge and say, "Your Honor, we don't have squat in the way of evidence. But it you'll allow us to haul Bernie into court then we're pretty sure we'll get what we need from the defense during discovery?"

[El Gato]

There is one school that thinks it does not list SAD as the mother.

Then Stanley Armour Dunham must be the father. For Barry is the spit'n image of "Grandpa", only with a darker tan, darker hair and eyes.

[ctdonath2]

Exactly. An accuser with no EVIDENCE of wrongdoing on the part of the accused has no business being in court. As we’ve observed before, the seriousness of an allegation is not enough.

I don’t think the Obama is eligible either, but so long as there is no evidence thereof and no otherwise discernable legal harm has been done, we’re stuck with him.

[RebirthOfReason]

It seems that Orly hasn’t taken this lying down.

She’s accusing the judge of treason.

I’m not sure how that tactic is supposed to serve anyone but her.

It’s TPM, so take with a grain of salt, but it’s not like it’d be unbelievable for her to have said this.

[JustaDumbBlonde]

Why am I not surprised?

[Non-Sequitur]

She’s accusing the judge of treason.

Well, that'll teach him. </sarcasm>