• If you are having problems logging in please use the Contact Us in the lower right hand corner of the forum page for assistance.

DOJ to judge: dump birthers' suit

hypocritexposer

Well-known member
Why not "rebut" it with a BC? Now they want to argue using Constitutional Law, and that it should have been in court before the election? Why didn't they show up for the Berg hearing, before the election?

No wonder no one trusts Obama.

September 07, 2009
Categories: Miscellaneous
DOJ to judge: dump birthers' suit

The Justice Department is urging a federal court to toss out a lawsuit in which prominent birthers' attorney Orly Taitz is challenging President Barack Obama's Constitutional qualifications to be president.

In a motion filed Friday in U.S. District Court in Santa Ana, Calif., government lawyers did not directly rebut the conspiracy theory Taitz propounds that Obama was not born in Hawaii as he claims and as asserted by Hawaiian officials as well as contemporary newspaper birth notices. Instead, the federal attorneys argued that the suit is inherently flawed because such disputes can't be resolved in court and because the dozens of plaintiffs can't show they are directly injured by Obama's presence in office.

"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution’s textual commitments, that challenges to the qualifications of a candidate for President can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress," Assistant United States Attorneys Roger West and David DeJute wrote. "Therefore, challenges such as those purportedly raised in this case are committed, under the Constitution, to the electors, and to the Legislative branch."

The birthers' suit claims that Obama is a citizen of Indonesia and "possibly still citizen of Kenya, usurping the position of the President of the United States of America and the Commander-in-Chief.”

Lieutenant Jason Freese and some other plaintiffs in the case claim they have a real injury because they are serving in the military commander by Obama, the alleged usurper. However, West and DeJute say that argument is too speculative.

"The injuries alleged by Plaintiff Freese and the other military Plaintiffs herein, are not particularized as to them, but, rather, would be shared by all members of the military and is an inadequate basis on which to establish standing," the government lawyers wrote.

Another plaintiff in the suit, Alan Keyes, is a three-time, longshot presidential candidate who ran most recently in 2008. Yet another is Gail Lightfoot, an ultra-longshot vice presidential candidate in 2008. The DOJ argues that they were not directly aggrieved by Obama's election because they never had a mathematical chance of winning.

"The [lawsuit] does not allege, nor could it allege, that any of these Plaintiffs were even on the ballot in enough states in the year 2008 to gain the requisite 270 electoral votes to win the Presidential election," the motion states.

The Justice Department brief takes a few shots at the wackiness of the birthers, accusing them of trafficking in "innuendo" and advancing "a variety of vaguely-defined claims purportedly related to a hodgepodge of constitutional provisions, civil and criminal statutes, and the Freedom of Information Act."

Those arguments notwithstanding, the DOJ lawyers were pretty kind to the birthers and to Taitz, since the filings in the case are replete with spelling errors, among others. Taitz submitted another purported foreign birth certificate for Obama last week in a filing labeled, "Kenian Hospital Birth Certificate for Barack Obama."

The case is set for a hearing Tuesday morning before Judge David Carter. There's a strong chance the session will devolve into something of a sideshow since a couple of plaintiffs in the case are now in a dispute with Taitz and have sought to bring in a different attorney to represent them in the case.

http://www.politico.com/blogs/joshgerstein/0909/DOJ_to_judge_dump_birthers_suit.html
 

Sandhusker

Well-known member
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?
 
A

Anonymous

Guest
"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution’s textual commitments, that challenges to the qualifications of a candidate for President can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress,"

As I said before- and both those rulings (first by the voters, and second by the electoral college during a Joint Session of Congress in which none of the 500+ Congressmen raised objection- and which was certified by the Vice President of the US sitting as Senate President) have been in the favor of Obama being the President of the United States....
And from my understanding there would/could have been one other challenge that could have taken place if they had evidence of some impropriety- and that would have been for the Chief Law Enforcement Officer of the Nation--the Attorney General- Mukasey- to file a direct challenge to the SCOTUS for supervisory control--but since he didn't do anything- that is proof to me that Obama is legally in office in all ways- and no evidence exists to prove otherwise....
And Birthers are all a bunch of rightwingernut crazies that makes the current Repub party look like a bunch of tinfoil hat wearers and sore losers...

Office of the Attorney General

The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal Government. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court. Since the 1870 Act that established the Department of Justice as an executive department of the government of the United States, the Attorney General has guided the world's largest law office and the central agency for enforcement of federal laws.
 

Tam

Well-known member
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.
 

TexasBred

Well-known member
And Birthers are all a bunch of rightwingernut crazies that makes the current Repub party look like a bunch of tinfoil hat wearers and sore losers...

Painting with a mighty broad brush there "Dim Wit". But then you'd go along with anything to be "on the winning team". How does it feel to be "for sale"??
 

hypocritexposer

Well-known member
Trial will be Jan. 26, 2010

hearing to dismiss Oct. 5, and arguments for discovery, pretrial scheduled for Jan 11

If it goes forward, this will be the first time a hearing has been heard on the merits.

Judge Carter also commented that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved.

Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case.
 

alice

Well-known member
hypocritexposer said:
Trial will be Jan. 26, 2010

hearing to dismiss Oct. 5, and arguments for discovery, pretrial scheduled for Jan 11

If it goes forward, this will be the first time a hearing has been heard on the merits.

Judge Carter also commented that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved.

Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case.

Oh joy! Oh happy day! How exciting for you, Hypocrite. Are you going to mark these momentous days on your calendar?

October 5 is the hearing to dismiss. Oh my, how can you stand the suspense, Hypocrite? :lol: :lol: :lol: :lol:

Alice
 

don

Well-known member
see if orly adopts a new costume for the big day. jon stewart nailed it when he called her the lost gabor sister.
 

hypocritexposer

Well-known member
don said:
see if orly adopts a new costume for the big day. jon stewart nailed it when he called her the lost gabor sister.

I would hope that what she wears to court won't determine whether Judge Carter takes a look at the merits of the case.

What will the other Attorney be wearing?
 

Sandhusker

Well-known member
Tam said:
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Sorry, Tam, I meant Alice.
 

Sandhusker

Well-known member
Oldtimer said:
"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution’s textual commitments, that challenges to the qualifications of a candidate for President can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress,"

As I said before- and both those rulings (first by the voters, and second by the electoral college during a Joint Session of Congress in which none of the 500+ Congressmen raised objection- and which was certified by the Vice President of the US sitting as Senate President) have been in the favor of Obama being the President of the United States....
And from my understanding there would/could have been one other challenge that could have taken place if they had evidence of some impropriety- and that would have been for the Chief Law Enforcement Officer of the Nation--the Attorney General- Mukasey- to file a direct challenge to the SCOTUS for supervisory control--but since he didn't do anything- that is proof to me that Obama is legally in office in all ways- and no evidence exists to prove otherwise....
And Birthers are all a bunch of rightwingernut crazies that makes the current Repub party look like a bunch of tinfoil hat wearers and sore losers...

Office of the Attorney General

The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal Government. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court. Since the 1870 Act that established the Department of Justice as an executive department of the government of the United States, the Attorney General has guided the world's largest law office and the central agency for enforcement of federal laws.

It's dismaying to me that your arguement appears to not be that a crime wasn't committed, but rather that the statute of limitations is over.
 

hypocritexposer

Well-known member
If you live in a state, like Texas, with a law that requires the candidate for POTUS from the major political party to be eligible for the job before state elections officials will print his or her name on the general election ballot then, Certifying BO as the D nominee without ascertaining whether he is a NBC, just to get his name printed on the ballot, is election fraud. Here’s how you can compel your elected Attorney General, the chief law enforcement officer in the state, to do something about it.

http://www.scribd.com/doc/19538976/jbjdmodelelectionfraudcomplaintagtx
 

alice

Well-known member
Sandhusker said:
Tam said:
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Sorry, Tam, I meant Alice.

I knew you did... :lol: :lol: :lol:

But then again, what kind of Freudian slip was that, Sandhusker?

Alice
 

nonothing

Well-known member
Tam said:
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Well Tam welcome to our club......Now that your on board we can now use those things you call facts to argue our cases...It sure will feel good to finially make those egg sucking conservatives take notice..... :p :wink: .
:)
Come on Tam,that a least had to make ya grin.... :wink: :)
 

alice

Well-known member
nonothing said:
Tam said:
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Well Tam welcome to our club......Now that your on board we can now use those things you call facts to argue our cases...It sure will feel good to finially make those egg sucking conservatives take notice..... :p :wink: .
:)
Come on Tam,that a least had to make ya grin.... :wink: :)

Come on Tam,that a least had to make ya grin.... :wink: :)

Don't count on it, nonothing...I doubt that woman's grinned in the last decade...

Alice
 

Tam

Well-known member
Sandhusker said:
Tam said:
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Sorry, Tam, I meant Alice.

I figured that but seeing my name lumped between Reader and Oldtimer was shocking I say SHOCKING :shock: :wink: :lol:
 

Tam

Well-known member
alice said:
nonothing said:
Tam said:
May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Well Tam welcome to our club......Now that your on board we can now use those things you call facts to argue our cases...It sure will feel good to finially make those egg sucking conservatives take notice..... :p :wink: .
:)
Come on Tam,that a least had to make ya grin.... :wink: :)

Come on Tam,that a least had to make ya grin.... :wink: :)

Don't count on it, nonothing...I doubt that woman's grinned in the last decade...

Alice

Wrong again Alice I laugh everyday. AT YOU Thanks for the laughs :lol: :lol: :lol: :lol: :lol: :lol:
 

Tam

Well-known member
nonothing said:
Tam said:
Sandhusker said:
So now WE'RE all paying goverment lawyers to defend this idiot. Wouldn't taxpayer money be better spent on just providing a copy of that clean birth certificate? DON'TCHA THINK? Doesn't that make more sense Reader, Tam, OT, Badaxe?

May I ask why you included me in that list of names? :???: I think he should have had to provide his BC when McCain had to show his. I believe all records of a Presidental candidate should have to be open to the public, There should be no secrets if you want to be the leader of the most powerful country in the world.

Well Tam welcome to our club......Now that your on board we can now use those things you call facts to argue our cases...It sure will feel good to finially make those egg sucking conservatives take notice..... :p :wink: .
:)
Come on Tam,that a least had to make ya grin.... :wink: :)

No thank you nonothing I would rather stick my finger into my eye than join any club you Oldtimer and Reader are in, :p

Besides Alice isn't talking to me :cry: so what fun would it be to be in a club she belongs to . :wink:

BTW If you need facts to make you feel good hint look them up. But I doubt what you find will ever make you feel good as they will prove just how little you know and how wrong you are. :shock: :wink: :lol: :lol:
 
Top