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.