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.
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.