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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

Based on SCOTUS prior decisions, judge Lazzara’s refusal to exercise jurisdiction in Cook v Obama equals to treason

Posted on | August 14, 2009 | 12 Comments

Major

It is kind of hard to make the connections without the actual pleading.  Sorry to hear that he poo-poo’ed the whole thing.  This was you local Federal District court?

I would think that the dismissal without grounds would make a good case for a “remand for trial“ from a higher court with an order for “recusal for prejudice“ and/or incompetence, but the world of judges is a strange place.  I think this guy pretty well made your/Orly’s case that he should have been ON the case. “First the verdict, Then the trial” worked in Alice in Wonderland. It isn’t good protocol for a Federal court, however as it tends to fly into the face that the 14th amendment guarantees us a right to have our case fully heard by a competent, impartial  tribunal.   I’d think that your relief would lie there. I’d also think that relief could be found in Cohens V. Virginia where the SCOTUS determined that court acting in a manner repugnant to the Constitution is committing treason; that a court seizing jurisdiction where they have none and failing to exercise jurisdiction where there should is likewise committing treason. OF course, what would SCOTUS know?

Page 19 U. S. 404

It is most true that this Court will not take jurisdiction if it should not; but it is equally true that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the Constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The one or the other would be treason to the Constitution. Questions may occur which we would gladly avoid, but we cannot avoid them. All we can do is to exercise our best judgment and conscientiously to perform our duty. In doing this on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the Constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.

(PS: Judges don’t like to be accused of “treason” but it isn’t us, but rather SCOTUS who levels the charge.)

David

 

 

 

https://supreme.justia.com/us/19/264/case.html

 

 

 

 

—–Original Message—–

Category: Legal Actions, Letters from Readers and Patriots

Comments

12 Responses to “Based on SCOTUS prior decisions, judge Lazzara’s refusal to exercise jurisdiction in Cook v Obama equals to treason”

  1. Ed
    August 14th, 2009 @ 9:45 am

    Great!! I knew some one would have a possible answer…and that link WOW!!
    God Bless

  2. James
    August 14th, 2009 @ 9:46 am

    Lazzara has quite a history. Lazzara was party to the killing of Terri Schiavo (The big case in 2005.) In 2003, lawyers went to Lazzara to protect Terri’s Federal Due Process Rights. Lazzara said he had no juristication and dismissed the case. Just ask Chrisopher Ferrara of https://www.americancatholiclawyers.org/bios.htm

  3. NewEnglandPatriot
    August 14th, 2009 @ 11:32 am

    Then can Dr. Orly appeal right to the Supreme Court about what this judge did? Maybe an accusation of treason will change his mind!

  4. MarkR
    August 14th, 2009 @ 12:22 pm

    Major Cook’s Pleadings Waived Obama’s British Birth Issue, So Judge Lazzara’s Holding Is Technically Accurate.

    ….pleadings perfectly make it appear as if the British birth issue was raised while – in fact – the pleadings fail to raise the issue and the pleadings actually waive the issue. Amazing but true.

    Since it looks to the whole world like the issue was raised, Judge Lazzarra’s comments also appear to be directed to the British birth issue. I can assure you, his holding is not directed to that issue since the pleadings fail to raise this legal question.

    Judge Lazzarra stated in his order of dismissal:

    Plaintiff’s first attempt to involve a federal district court in this ongoing conspiracy theory that President Obama is unqualified to be President of the United States of America because he is not a native-born citizen was rebuffed just eleven days ago by United States District Judge Clay D. Land of the Middle District of Georgia based on lack of standing. …

    https://naturalborncitizen.wordpress.com/2009/08/13/major-cooks-pleadings-waived-obamas-british-birth-issue-so-judge-lazzaras-holding-is-technically-accurate/

  5. Tom De
    August 14th, 2009 @ 2:31 pm

    I recently heard that Osama Bin Laden is alive and well and even took a new wife. She is an American but her name is not known at this time as she is pregnant and has returned to the United States to deliver his child. The problem we have now is, that child WILL be eligible to be the President of the United States some day. Just think, …And now the President of the United States “President Osama Bin Laden, Jr.”!!

    Think about it, think about it HARD! What have we done? May God forgive and protect us!!!

    Tom Dee

  6. Harry H
    August 14th, 2009 @ 3:15 pm

    Judge Lazzarra has shown himself to be closed-minded and mean-spirited at the very least. Since this case is going to get messy if it goes the streets and is argued there sans judge and sans jury, I would say the judge is endangering the welfare our republic by denying a fair hearing to a serious and legitimate grievance that goes to the heart of constitutional governance.

    God help this republic if the courts and Congress will not hear our grievances concerning Obama’s unlawful authority. If necessary, we the people are capable of reconstituting our government on constitutional grounds by the use of force. It would be messy and set back race relations a hundred years, but let it come if it must.

  7. Martin Pinsky
    August 14th, 2009 @ 7:12 pm

    So what are you going to do attack the judge? Noble words, noble intent, pardon me while i yawn. It is a set up as is the other eligibility lawyers and condenters turning on and against Orly because Obamas attack dogs turned them just like nazi spies in UK during world war 2, they all were turned.

    The legal attack dogs now have vast precedent to attack all and sundry, berg, etal, because of ALL the cases ignored or thrown out. Creep–what a name had complained of Obama’s lawyers attacking him and warning him to back off or they would drown him is the costs of defending themselves for having participated in frivolous cases and activities–so creep, berg and the rest are running scares, turning tail and now have agreed to attack Orly–long and short of it.

    Now Orly understandably is geting worn out.
    Let us move from legal abstraction-=- it is like throwing mashmellows at a stonewall– they have locked arms and decided they don’t want to chance a race war in having to execute proper law in throwing OBAMA out–a horrid disgrace what is going on— worse that Stalinist Soviet Union–only thing missing here is a Gulag and the starving of millions in the Ukraine.

    I have suggested that orly take a short battery charging vacation with her husband–no cell phones, radios or TVs–just unwind by the sea out of touch and then come back and sue Keith Olberman and MSNBC for libel, character assassination, slander– he called her a conwoman and her client worse–that lousy piss ant.

    Sue him orly and it will force issues to the fore front.

    This countrty is on the brink of civil war–it is going to split wide open and it will be a bloody mess with many on the left hurting.

    Obama has to step down and soon. He is a traitor piece of dog manure and no damned good. THEY ARE REALLY ON THE ATTACK NOW–ANYTHING BUT THIS PIECE OF DOG SHIT SHOWING A SINGLE SOLITARY DOCUMENT THAT ATTESTS TO THE VALIDITY OF HIS RIGHT TO HOLD THE POSITION OF POTUS.

    HE WILL KILL YOU ALL BEFORE HE WILL SHOW A SINGLE SOLITARY DAMNED DOCUMNENT–DO YOU SEE WHAT WE ARE DEALING WITH HERE? THIS MAN IS NOT SACRED. THE POSITION HE HOLDS WAS STOLEN UNDER FALSE PRETENSES AND IF A MILITIA DOES RISE TO REMOVE HIM FOR TREASON IN VIOLATION OF OUR CONSTITUTION THEN SO BE IT.

    hOW MUCH OF HIS SHIT ARE WE AS DECENT SELF RESPECTING AMERICANS SUPPOSED TO TAKE. tHE MAN IS NO GOOD. HE ASSOCIATES WITH WHITE HATERS, AMERICA HATERS, CROOKS, TERRORISTS, BLACK SUPREMEISTS LIKE HIS WIFE’S FATHER. In six months he has done untold damage with more to come. he is a God damned communists and we idiots put him in ( I refer to the DUMBacrat Bush haters).
    Wecare also dealoing with a fanatical mindset–maybe the jap code of bashito, the decapitators in radical islam– is this piece of shit going to take on the whole damned country and are we supposed to docilily sit on our collective arses and take this crap.

    The system is tended to by really rotten people and maybe its time for a radical change. tyhey can call citizen action anything they want, but they won’t call us traitors, that is reserved for themselves.

    I don’t think what with orly under attack now by all the main folk involved in the legal eligibility movement, that a normal course can be taken to redress grievances. The press and media are totally corrupt beyong repair. The three branches of government collitis ulcers and are producing a strench of elitist dishonesty that is choking the rest of us decent folk just trying to raise our families and make ends meet.

    They don’t know when to stop- the more we grin and bear it- the more they roughly shove it down your throat. Listen to the language of deGraf, Cook , the good general and other conscientious military seeking a guiding light that illuminates the path to truth and justice.

    Wwe just may have to make it right–we may be forced to.

    WE MAY JUST HAVE TO MAKE IT RIGHT—1984 is here my friends and we let it happen.

    Now lets roll up ou sleeves and stand our ground forthrightly and with conviction. Lets throw this BUM out–and BUM HE IS, and get our country back.

    MP

    Where do we draw the line in the sand. None dare call it treason? I say call it what it is

  8. Sherry Piles
    August 15th, 2009 @ 2:52 pm

    I am afraid what i feared would come true…sotomayor is in, she hears it and we are toast…..someone please tell me it aint so……

  9. Sherry Piles
    August 15th, 2009 @ 3:14 pm

    we must stand before martial law folks cause then WHO COMES IN AND EVEN TAKES OUT OUR MILITARY…..

  10. Steph
    August 16th, 2009 @ 1:22 am

    What are our options??? Judges are running from this issue. THINK!!! Where do we go from here???? We are much bigger than Congress; we outnumber them exponentially. THINK!!! Plan A isn’t working. We must move to Plan B!!!!

  11. Michael
    August 16th, 2009 @ 5:37 am

    Steph says:
    August 16, 2009 at 1:22 am

    What are our options??? Judges are running from this issue. THINK!!! Where do we go from here???? We are much bigger than Congress; we outnumber them exponentially. THINK!!! Plan A isn’t working. We must move to Plan B!!!!
    ————————————————–

    See the thread a couple above .

    Obama has sworn a false affidavit, stating he is ‘natural born’.

    If you read, in it’s entirey, the article h t t p://w w w.orlytaitzesq.com/blog1/?p=3869#comments

    You can see clearly that it is simply not true that OBama is ‘natural born’ as he falsely claims.

    Whether he made this claim knowing it to be false or honestly thinking it to be true …………. it is not true.

    Correct me if I am wrong, but I don’t think anyone needs any special ‘standing’ to bring this matter to court.

    All one needs to produce to prove Obama’s false oath is that article,
    “Thanks Truth Exists – The Logical analysis of a Natural Born Citizen
    Posted on August 12th, 2009 by David-Crockett”

    No need to make a public issue of such a court action in Arizona, just do it and let the shit hit the fan all by itself.

    With you all the way Orly.

    Take care, Michael.

  12. Tom Dee
    August 17th, 2009 @ 10:15 pm

    Interesting article from Pravda…

    April 27th, 2009

    American capitalism gone with a whimper

    It must be said, that like the breaking of a great dam, the American descent into Marxism is happening with breath taking speed, against the back drop of a passive, hapless sheeple, excuse me dear reader, I meant people.

    True, the situation has been well prepared on and off for the past century, especially the past twenty years. The initial testing grounds was conducted upon our Holy Russia and a bloody test it was. But we Russians would not just roll over and give up our freedoms and our souls, no matter how much money Wall Street poured into the fists of the Marxists.

    Those lessons were taken and used to properly prepare the American populace for the surrender of their freedoms and souls, to the whims of their elites and betters.

    First, the population was dumbed down through a politicized and substandard education system based on pop culture, rather then the classics. Americans know more about their favorite TV dramas then the drama in DC that directly affects their lives. They care more for their “right” to choke down a McDonalds burger or a BurgerKing burger than for their constitutional rights. Then they turn around and lecture us about our rights and about our “democracy”. Pride blind the foolish.

    Then their faith in God was destroyed, until their churches, all tens of thousands of different “branches and denominations” were for the most part little more then Sunday circuses and their televangelists and top protestant mega preachers were more then happy to sell out their souls and flocks to be on the “winning” side of one pseudo Marxist politician or another. Their flocks may complain, but when explained that they would be on the “winning” side, their flocks were ever so quick to reject Christ in hopes for earthly power. Even our Holy Orthodox churches are scandalously liberalized in America.

    The final collapse has come with the election of Barack Obama. His speed in the past three months has been truly impressive. His spending and money printing has been a record setting, not just in America’s short history but in the world. If this keeps up for more than another year, and there is no sign that it will not, America at best will resemble the Weimar Republic and at worst Zimbabwe.

    These past two weeks have been the most breath taking of all. First came the announcement of a planned redesign of the American Byzantine tax system, by the very thieves who used it to bankroll their thefts, losses and swindles of hundreds of billions of dollars. These make our Russian oligarchs look little more than ordinary street thugs, in comparison.. Yes, the Americans have beat our own thieves in the shear volumes. Should we congratulate them?

    These men, of course, are not an elected panel but made up of appointees picked from the very financial oligarchs and their henchmen who are now gorging themselves on trillions of American dollars, in one bailout after another. They are also usurping the rights, duties and powers of the American congress (parliament). Again, congress has put up little more then a whimper to their masters.

    Then came Barack Obama’s command that GM’s (General Motor) president step down from leadership of his company. That is correct, dear reader, in the land of “pure” free markets, the American president now has the power, the self given power, to fire CEOs and we can assume other employees of private companies, at will. Come hither, go dither, the centurion commands his minions.

    So it should be no surprise, that the American president has followed this up with a “bold” move of declaring that he and another group of unelected, chosen stooges will now redesign the entire automotive industry and will even be the guarantee of automobile policies. I am sure that if given the chance, they would happily try and redesign it for the whole of the world, too. Prime Minister Putin, less then two months ago, warned Obama and UK’s Blair, not to follow the path to Marxism, it only leads to disaster. Apparently, even though we suffered 70 years of this Western sponsored horror show, we know nothing, as foolish, drunken Russians, so let our “wise” Anglo-Saxon fools find out the folly of their own pride.

    Again, the American public has taken this with barely a whimper…but a “freeman” whimper.

    So, should it be any surprise to discover that the Democratically controlled Congress of America is working on passing a new regulation that would give the American Treasury department the power to set “fair” maximum salaries, evaluate performance and control how private companies give out pay raises and bonuses? Senator Barney Franks, a social pervert basking in his homosexuality (of course, amongst the modern, enlightened American societal norm, as well as that of the general West, homosexuality is not only not a looked down upon life choice, but is often praised as a virtue) and his Marxist enlightenment, has led this effort. He stresses that this only affects companies that receive government monies, but it is retroactive and taken to a logical extreme, this would include any company or industry that has ever received a tax break or incentive.

    The Russian owners of American companies and industries should look thoughtfully at this and the option of closing their facilities down and fleeing the land of the Red as fast as possible. In other words, divest while there is still value left.
    The proud American will go down into his slavery with out a fight, beating his chest and proclaiming to the world, how free he really is. The world will only snicker.

    Stanislav Mishin 1999-2009.. «PRAVDA.Ru». When reproducing our materials in whole or in part, hyperlink to PRAVDA.Ru should be made. The opinions and views of the authors do not always coincide with the point of view of PRAVDA.Ru’s editors.

    It is the mark of an educated mind to be able to entertain a thought without accepting it. -Aristotle

    I thik they hit the nail right on the head!