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.
Lemme guess. This judge was a Democrat appointee?
Sounds like Hizzoner is the fount of frivolity here. Would we expect a Democrat House to impeach Obama?
You didn’t really expect success, did you?
Bless your heart for trying, you did what you should have done, despite the certain outcome.
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.
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.
The judge says he was elected so he’s qualified.
What happened to my America?
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.)
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.
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 .
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. "
I wouldn't characterize a tort reform proponent and charter school advocate as a liberal.
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.
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.
14 months till the election, then the tide turns.
It appears he was appointed by Dubya.
Anyone have any other info?
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.
The BC of every presidential candidate should be revealed since it is a requirement for the position.
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.
Yeah, start throwing around the word Bastard, my FRiend, and those of us that fall into that category might not be all to pleased...
The burden of proof is always on the accuser.
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???
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?
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.
..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?
I love how people always post that photo as if we’re supposed to be scandalized that Obama reads Fareed Zakaria.
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.
No other presidential candidate has ever had to prove they were eligible beforehand. It’s always been assumed.
Why would you think the tide would turn? The American people want this socialism: they think they will get something out of it.
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.
IMHO, she will attempt any ruse not to deploy.
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.
What state puts religion on the birth certificate?
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.
I didn't realize that Georgia was a hotbed of liberalism. And wasn't one of the birther cases tossed in a Texas court?
You are too harsh with the judgmentally disadvantaged. lol
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.
That prick is talking millions when trillions are actually at stake. What a pathetic excuse for justice.
You know that is a lie, so why are you spewing it at FR?
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.
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.
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)