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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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1 posted on 09/16/2009 9:48:30 AM PDT by vikk
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To: vikk

Lemme guess. This judge was a Democrat appointee?


2 posted on 09/16/2009 9:51:11 AM PDT by ConservativeMind (Liberals have an inability to value good character or to desire it for themselves.)
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To: vikk

Sounds like Hizzoner is the fount of frivolity here. Would we expect a Democrat House to impeach Obama?


3 posted on 09/16/2009 9:52:00 AM PDT by HiTech RedNeck (Unashamed Sarah-Bot.)
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To: vikk

You didn’t really expect success, did you?

Bless your heart for trying, you did what you should have done, despite the certain outcome.


4 posted on 09/16/2009 9:53:13 AM PDT by SandWMan ( A riot ist an ugly sing, und, I sink it's about time zat ve had vone!)
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To: vikk

This judge needs to be removed for incompetence, and for unlawfully threatening a lawyer for representing a legitimate case....there is no way that this case could be determined “frivolous” without discovery....

Also, there is another Federal court that has allowed the case to proceed....and the longer that case is allowed to proceed....those rulings will take precedence over the loony rantings of this Judge Land.


5 posted on 09/16/2009 9:55:45 AM PDT by UCFRoadWarrior (America is still great....no matter what Globalists, Communists, Anti-Birthers, Terrorists think)
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To: vikk

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.

My son accused me of thinking he was born in Kenya and I said I have no idea where he was born because he won’t show us his BC and has spent lots of money trying to keep everyone from seeing it.


6 posted on 09/16/2009 9:56:49 AM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: SandWMan

The judge says he was elected so he’s qualified.
What happened to my America?


7 posted on 09/16/2009 9:56:54 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: vikk
Everyone keeps messing up by filing this things in liberal controlled areas. If you want to get results, go file it in the most conservative area of the US.
8 posted on 09/16/2009 9:57:03 AM PDT by TexasFreeper2009 (Obama lied, the economy died)
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To: vikk
“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.’”

So trying to turn the courtroom into a circus didn't work out so well for Orly Taitz, DDS, ESQ. Who saw that coming?

9 posted on 09/16/2009 9:59:22 AM PDT by Drew68
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To: Aria
He thinks zero doesn’t want his birth certificate shown because it says he’s a Muslim.

Do BCs state religion? My crazy theory (everyone has one) is that the father isn't listed (thus the word 'bastard' could be thrown around.)

10 posted on 09/16/2009 9:59:34 AM PDT by mnehring
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To: vikk


11 posted on 09/16/2009 10:02:12 AM PDT by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: vikk
This is really a simple question with a simple answer. Is Obama a natural born citizen?

I find it very frustrating that neither before or after the election was the common citizen allowed to ask this question and receive and answer.

This judge has gonads the size of a dust mite.

12 posted on 09/16/2009 10:05:20 AM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Diogenesis

NOPE not by Clinton!

On the recommendation of US Congressman Saxby Chambliss, Land was NOMINATED BY PRESIDENT GEORGE W BUSH on September 21, 2001 to a seat vacated by Robert Elliot which was approved by Congress. Land was confirmed by the U.S. Senate on December 13, 2001 on a majority voice vote and received commission on December 21, 2001 [2].


13 posted on 09/16/2009 10:05:20 AM PDT by outhousepatrol
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To: ConservativeMind
"Lemme guess. This judge was a Democrat appointee?"

He was a Bush appointee in 2001. Before that, he was an elected Republican Georgia State Senator. From his Senate website archive, his bio included this...

"Land has sponsored a wide variety of legislation which has been enacted into law, including the 1996 law authorizing hefty fines against the City of Atlanta for its pollution of the Chattahoochee River, landmark education reform legislation expanding Georgia's charter school law, amendment of the expert affidavit statute, and privacy protection legislation restricting access to motor vehicle accident reports by ambulance chasing lawyers. "

Hon. Clay Land (GA SS 16)

I wouldn't characterize a tort reform proponent and charter school advocate as a liberal.

14 posted on 09/16/2009 10:05:50 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: UCFRoadWarrior
"This judge needs to be removed for incompetence, and for unlawfully threatening a lawyer for representing a legitimate case....there is no way that this case could be determined “frivolous” without discovery...."

The judge was correct, you guys fail to understand how things work. 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?

The birthers have no case, so they aren't able to present one in court. They only have suspicions, and those are mostly irrational ones.

15 posted on 09/16/2009 10:06:24 AM PDT by mlo
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To: mnehring

More likely that there either isn’t one, or it states he was born in Kenya. Anything else is and should be irrelevant.

If I didn’t think this, I wouldn’t be right behind this movement; much as I dislike Obama, I think it would be an abuse of the system to expose his BC purely for the purposes of embarassing him about religion or his parents.


16 posted on 09/16/2009 10:06:40 AM PDT by IntolerantOfTreason
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To: vikk

14 months till the election, then the tide turns.


17 posted on 09/16/2009 10:06:46 AM PDT by Concho
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To: ConservativeMind

It appears he was appointed by Dubya.

Anyone have any other info?


18 posted on 09/16/2009 10:07:51 AM PDT by Lord_Baltar
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To: vikk

I’m afraid this is not a surprise. This judge was known to be a biased liberal. Evidently he only took the case so he could put Orly Taitz on notice.

I still give Orly credit. Even though this case predictably failed, it kept the issue alive.


19 posted on 09/16/2009 10:09:30 AM PDT by Cicero (Marcus Tullius)
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To: mlo
The "ball" has long been in Obama's court.


20 posted on 09/16/2009 10:09:38 AM PDT by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: IntolerantOfTreason

The BC of every presidential candidate should be revealed since it is a requirement for the position.


21 posted on 09/16/2009 10:10:07 AM PDT by Jane Austen (Boycott the Philadelphia Eagles!)
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To: Concho
14 months till the election, then the tide turns.

That tide began to turn last Saturday. Commies in Washington are now on notice - you ain't seen nothing yet!
22 posted on 09/16/2009 10:10:26 AM PDT by thecraw (Follower of Jesus...American...Tennessean...Birther! You Betcha!)
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To: vikk

Why do the citizens have to prove 0bama’s birth status? It is up to him to prove his eligibility. He should’ve never been on the ballot in any state, until he presented proof that he was eligible. Statements by third parties, do not suffice.


23 posted on 09/16/2009 10:10:27 AM PDT by The Sons of Liberty (FUBO - You Lie!!!)
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To: mnehring

Yeah, start throwing around the word Bastard, my FRiend, and those of us that fall into that category might not be all to pleased...


24 posted on 09/16/2009 10:10:39 AM PDT by Lord_Baltar
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To: mlo

The burden of proof is always on the accuser.


25 posted on 09/16/2009 10:11:06 AM PDT by mnehring
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To: vikk

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

The reason that opposition campaigns were not able to discover it was because the critical evidence (the BC in Hawaii’s vaults) is sealed and would require DISCOVERY!!!

WHERE IS THE DISCOVERY???


26 posted on 09/16/2009 10:11:30 AM PDT by IntolerantOfTreason
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To: UCFRoadWarrior
Also, there is another Federal court that has allowed the case to proceed....

Which one?

27 posted on 09/16/2009 10:13:01 AM PDT by Non-Sequitur
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To: vikk

Since the judges want more evidence, we will have to commit the crime of breaking and entering. What else can be done when a fraud suspect will not reveal the documents?


28 posted on 09/16/2009 10:13:34 AM PDT by nufsed (Release the birth certificate, passport, and school records.)
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To: IntolerantOfTreason; roaddog727

This is not Judge Carter, the Marine, this is Clay-Land, the same judge in Georgia who tossed out the previous suit by another soldier, who had his orders changed by the Army to avoid sending him to Iraq.


29 posted on 09/16/2009 10:13:40 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: Lord_Baltar

..but during the primary, it got the pattern rolling? Remember, the entire Birther movement was started by Democrats, they were the ones digging dirt and looking for anything to use. Can you imagine the shine coming off the rose during the primaries if all the late night comics had bastard jokes?


30 posted on 09/16/2009 10:13:43 AM PDT by mnehring
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To: Diogenesis

I love how people always post that photo as if we’re supposed to be scandalized that Obama reads Fareed Zakaria.


31 posted on 09/16/2009 10:14:12 AM PDT by Dan Middleton
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To: The Sons of Liberty

Exactly!


32 posted on 09/16/2009 10:14:22 AM PDT by Jane Austen (Boycott the Philadelphia Eagles!)
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To: Jane Austen

Not _precisely_. It’s a requirement that their _place of birth_ be known, and if that can be proven without revealing religion or embarassing facts about parentage, so be it, the law is still satisfied.

This is of course just a pedantic side argument.


33 posted on 09/16/2009 10:14:35 AM PDT by IntolerantOfTreason (The Republican Party - the Anti-Constitution party when it comes to Section 1, Article 2)
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To: The Sons of Liberty

No other presidential candidate has ever had to prove they were eligible beforehand. It’s always been assumed.


34 posted on 09/16/2009 10:14:50 AM PDT by Dan Middleton
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To: thecraw

Why would you think the tide would turn? The American people want this socialism: they think they will get something out of it.


35 posted on 09/16/2009 10:14:50 AM PDT by Theodore R.
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To: Cicero
"This judge was known to be a biased liberal.

A former Georgia Republican state senator from a conservative district was "known to be a biased liberal"? Do you have any evidence for that?

Evidently he only took the case so he could put Orly Taitz on notice."

Evidently, you haven't a clue how cases are assigned in federal district court. This judge didn't "take" anything. It was assigned to him, probably randomly - although the chief district judge can assert some discretion when assigning cases, perhaps based on existing case load or a specific talent or area expertise that a particular district judge may possess. In this case, I haven't seen anything to suggest that the assignment wasn't entirely random. Again, if you have contrary evidence, please supply it.

36 posted on 09/16/2009 10:16:12 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: vikk

IMHO, she will attempt any ruse not to deploy.


37 posted on 09/16/2009 10:16:13 AM PDT by verity
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To: wintertime

This vacuous-brained judge was on par with the judge who told Berg his suit was absurd since Obama had been twittered and that level of vetting is more than sufficient for the presidency.


38 posted on 09/16/2009 10:16:28 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: Aria
He thinks zero doesn’t want his birth certificate shown because it says he’s a Muslim.

What state puts religion on the birth certificate?

39 posted on 09/16/2009 10:17:05 AM PDT by Non-Sequitur
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To: Dan Middleton
No other presidential candidate has ever had to prove they were eligible beforehand.

John McCain did. The Congress saw the question so important, they passed a resolution declaring (clarifying) him a Natural Born Citizen.

That is where the entire birther movement started. During the McCain incident, the New York Times ran a story about what documents all the candidates released. They pointed out that Obama hadn't released anything. Democrat and Hillary Clinton supporter, Phil Berg, jumped on this and started the Obama Birther movement, raising the first questions and doing most of the fighting on the issue up until recently.

40 posted on 09/16/2009 10:17:52 AM PDT by mnehring
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To: TexasFreeper2009
Everyone keeps messing up by filing this things in liberal controlled areas.

I didn't realize that Georgia was a hotbed of liberalism. And wasn't one of the birther cases tossed in a Texas court?

41 posted on 09/16/2009 10:18:01 AM PDT by Non-Sequitur
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To: Theodore R.
The American people want this socialism: they think they will get something out of it.

My hope and prayer after attending Saturday's march is that there are still enough of us freedom-loving, independent-thinking Americans to swing the pendulum of socialism the other way, but we need to keep turning the screws...
42 posted on 09/16/2009 10:19:52 AM PDT by thecraw (Follower of Jesus...American...Tennessean...Birther! You Betcha!)
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To: OldDeckHand

You are too harsh with the judgmentally disadvantaged. lol


43 posted on 09/16/2009 10:20:54 AM PDT by verity
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To: ConservativeMind
Lemme guess. This judge was a Democrat appointee?

No. He was appointed by G.W. Bush.
44 posted on 09/16/2009 10:20:56 AM PDT by Sibre Fan
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To: Dan Middleton
It’s always been assumed.
^^^^^^^^^^^^^^^^^^^^^^^^^

Because it has always been self-evident! Armies of friends, relatives, and townsfolk stood ready to testify.

So?...Since Obama does not have the high quality standard of having fellow citizens ready to stand forth to testify before God of his natural born status, then it is not unreasonable for him to present the lesser standard of a few modest documents.

An honest man would be **HONORED** to promptly prove to all that he was natural born and qualified to be president. That he has fought so vigorously not to do this says plenty about his character. It also tells us a lot about the character of the people defending him.

45 posted on 09/16/2009 10:21:18 AM PDT by wintertime (People are not stupid! Good ideas win!)
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To: vikk

That prick is talking millions when trillions are actually at stake. What a pathetic excuse for justice.


46 posted on 09/16/2009 10:22:20 AM PDT by FreeAtlanta (There is no "O" in Transparency.)
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To: Dan Middleton

You know that is a lie, so why are you spewing it at FR?


47 posted on 09/16/2009 10:22:26 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: The Sons of Liberty

I agree. It is Obama’s responsibility to show he is eligible and the states and Congress to confirm that which all they did was sleight of hand. There are two documents signed by Pelosi and notarized showing this.

There is a little more to this than simply going along with how the courts work.


48 posted on 09/16/2009 10:22:49 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Non-Sequitur

I have no idea....that’s just what he said so probably other liberals think the same thing. Interesting that he didn’t dispute that zero is trying to hide the real document.


49 posted on 09/16/2009 10:22:56 AM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: vikk

Wasn’t she quoted a while ago as saying she could get Obama out of office in like 30 days or something?

I see things are working out well for her.........(Orly T)


50 posted on 09/16/2009 10:24:10 AM PDT by Neets (Normal is in the eye of the beholder)
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