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From Politico

Posted on | September 7, 2009 | 24 Comments

 
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.

Category: Uncategorized

Comments

24 Responses to “From Politico”

  1. speedy
    September 7th, 2009 @ 12:22 pm

    BO is illegally using the DOJ to fight his battles for him. He should have his own lawyers. Why should we have to pay to defend this usurper? The DOJ is illegally put in by the usurper. They just want to save their own bogus jobs. I hope the judge dismisses the DOJ’s stupid pleadings of throwing out the case. It’s about time that the people of this country get heard and stop being tossed because of so-called standing, which is invented. Mario Apuzzo has a good write up about standing. Being that they did not rebut is enough proof of admission that BO is ineligible. How stupid, the voter has to decide. Not everyone was informed because they were totally lied to by BO saying he was born in Hawaii. He was born in Kenya and not Hawaii. I believe that copy of the BC that Lucas Smith filed in the court.

    I hope that you can win against this corrupt and illegal government. They insulted the plaintiffs, trying to say they had not standing. I think many of them do have standing. We all have standing. He is hurting everyone in this country by destroying our freedom and rights to free speech and other such inalienable rights.

    He is an illegal usurper and should be prosecuted and removed along with his bogus DOJ.

  2. Harry H
    September 7th, 2009 @ 12:34 pm

    How hollow the government’s objections are. They say that an injury that is “shared by all members of the military” is an “inadequate basis” for standing! Sounds self-contradictory and absurd. And they say Keyes didn’t have a good-enough chance to win to make his complaint worth hearing. So the principle involves doesn’t matter to the “Justice” lawyers; it’s just an accounting matter–counting votes instead of beans. Doesn’t sound like justice enters into their thinking at all.

  3. James
    September 7th, 2009 @ 12:49 pm

    Dr. Orly,

    Research hard to defeat the motion to dismiss. God Bless!

  4. Jim in Texas
    September 7th, 2009 @ 1:23 pm

    I hope the court does not give merit to this argument. This is just an attempt to stall the case. The Judge should give these goof balls a piece of his mind. To be playing games in this serious case is beyond the pale.

  5. ch
    September 7th, 2009 @ 1:38 pm

    These Injustice Department people need to be removed for obstruction of justice, and the chain of command located and removed. To defend the indefensible is cowardly and inexcusable. The refuse military officers subject to deployment as having no standng is inexcusable. This is also a major political party contempt for other candidates, claiming they can run a crook since the other candidates are going to lose anyway. That makes sense? When the safeguards put in place were not enforced due to the pressure of the political party, then We the People have a duty to step forward and protect the Constitution and the Office of President. To think that an illegitimate or questionably legal President can cling to the office if he is able to sneak in and steal it is a bit ludicrous. This is not the Office of Head Janitor, but the leader of the Free World, and every day is faced with holding that office legally and responsibly, subject to impeachment and also subject to removal if found to be engaging in illegal activities before or during office, such as using social security numbers, posting fake birth certificates and concealing normally open personal records from the public that would damage his ability to hold office. God bless America. We all have standing, every voting citizen. These abusers need to find somebody else to kick…let’s kick them out. Step into the court like a man or get out, Obummer.

  6. Dave
    September 7th, 2009 @ 1:43 pm

    Why is DOJ involved?? This suit was filed BEFORE the ONE was sworn in…..

  7. James
    September 7th, 2009 @ 1:51 pm

    Dr. Orly,

    In filing your response to the motion to dismiss, you should seek out other attorney’s for legal advice and expertise. Addition, your supporters could help in providing legal substance to your motion. I happen to know of another who has done just that and has has provided a fine response to a motion to dismiss. You must fight back heard and defeat each one of their claims. “Standing” has been the challenge thus far. Good Luck and God Bless.

  8. Connie
    September 7th, 2009 @ 2:01 pm

    When the Dept. of Justice is interfering in a case and a judge trying to do his job, what else is there in this country?

  9. jenny
    September 7th, 2009 @ 2:20 pm

    How sick is that? First and only, a court hears on merit. Obviously, gernsteins more transparent then OBC. Such juevenille disrespect to the courts is shame on gernsteins intellilect.

  10. Xavier Cugat
    September 7th, 2009 @ 3:38 pm

    Sirica and Nixon: A High Stakes Contest Over Executive Privilege

    Bring Criminal charges that Obama willingly and knowingly usurped the office of the President of the United States when in fact he knew he was ineligible due to the fact that he was born in Kenya.

    That is the only logical explanation for Obama not releasing ANY of his record: Birth Certificate, college records, all of it. He knows that on those documents will be PROOF that he is Constituionally ineligible to serve as the President of the United States. The day after being sworn in, Obama made his First Executive Order #13489 SEALING all of his records under the doctrine of EXECUTIVE PRIVILEGE.

    Obama signed a statement in Arizona during the campaign in which he stated that he was Constitutionally eligible.

    Get a Federal Grand Jury to hand up a criminal indictment on both the criminal as well as the Constitutional issues. Then have a Federal Judge issue a subpoena for all of Obama’s records.

    Now, Obama is in the same boat as Nixon. And the only way off that sinking ship is to resign.

    The United States Supreme Court in the case of United States vs. Nixon 418 U.S. 683 (1974) in an 8-0 decision ruled that the President’s claim of Executive Privilege does not expend to criminal cases.

    Even Bill Clinton had to sit for a civil deposition in the Paula Jones sexual harassment lawsuit in the Map Room of the White House which directly led to his impeachment.

    So in summation, there is no where for Barrack Hussein Obama to hide.

    This is a game of Constitutional poker and Obama is bluffing…BIG TIME!!

  11. syc1959
    September 7th, 2009 @ 4:29 pm

    So I guess if an illegal alien, whom no one contests wins an election that he was never qualified to be in the first place, no one is harmed?
    The media has been a guilty bystander by cheering on the illegal candidate, while criticizing anyone that cares about the law.
    So who the hell does BHO think that he’s above the law. He is nothing but an illegal alien. The same as anyone getting public assistance under false pretences.
    BHO’s aunt is here illegally. Must be a family affair.

  12. Etraveler13
    September 7th, 2009 @ 5:19 pm

    Standing has been established. Lessons have been learned and are enacted in this filing.
    The DOJ is running scared…

  13. Disenchanted
    September 7th, 2009 @ 5:33 pm

    Why can’t all the parents, wives,, children, girl friends raise the issue of the deaths occurring in Afghanistan due to the Usurpers “illegal” orders ? The latter certainly were damaged…imo.

    The USURPER is ‘technically’ unreachable because the USURPER has the title of POTUS; is this the reason the USURPER can’t be reached on that charge of issuing illegal orders causing the deaths and injuries to our citizens?
    AND! the dismissal request by Justice of DrOrly’s filings in Judge Carter’s court did not mention the Bush ‘executive order’ that supposedly broke through the ‘standing barrier’ , as near as I understand the ‘executive order’ contents.

    The Bush executive order said that anyone could challenge the qualifications of any government office holder…thereby and in my book circumventing the two ags who could have filed the ‘quo warranto’ without a court’s permission given the plaintiff authority to represent the U.S.A citizens.

    So in this case and having authority from the ‘executive’ branch of government wouldn’t ‘judicial’ adhere to the Bush ‘executive order ?

    Just asking for a clarification of just what the Justice dept is attempting to circumvent re; the Bush ‘executive’ order allowing anyone to challenge the qualifications of any governmt office holder.

  14. carmen
    September 7th, 2009 @ 5:43 pm

    My oldest son was born in 1969, we lived on a Marine Corps base. My mother called the newspaper and put a birth announcement in. She used her address (real address) where she lived, instead of the North Carolina address where we lived. This was my home town, and she wanted people to know about the birth. Obama newspaper birth announcement means nothing, why does the media continue to refer to it.Georgia is supporting you.

  15. Henry Tisdale
    September 7th, 2009 @ 5:48 pm

    Since Obama never released, as required by law, any paper work to show he met the requirements of the constitution to be a nominee for the presidency, millions of voters never realized his eligibility was yet to be proved.

    Prior to his innaugeration on Jan 20, 2009, Dr Orly Taitz, Esq filed a suit to have Obama prove in court that he was in fact eligible to be president. He chose to default on the court order. Since that motion was filed, the “birthers” now have solid evidence that Obama is: 1) a liar, 2) used the name of Barry Soetoro when entered the United States for the first time, 3) committed several felonies before he joined the political cartel in Chicago. This man is not only ineligible to be president, but should be charged with treason for attempting to hide critical information which showed beyond all doubt he was violating our constitution by accepting the democratic nomination for president.

  16. ihveit
    September 7th, 2009 @ 5:51 pm

    and i always taught that the govt lawyers were supposed to be on the side of the people.??? these idiots will try any excuse to stop these lawsuits…

    so someone needs to ask them>>>>> how do we go about satisfying ourselves that obama is or isnt a legal potus? wheres the proof?? and why dont you help us to prove once and for all the truth as given to us by the constitution.

    i am tired of these ignorant brown nose political lawyers trying to stop legal processes
    will

  17. truthbetold11
    September 7th, 2009 @ 9:55 pm

    They are shaking in their boots. But if they have nothing to hide then it should be the least of their worries

  18. FreedomForUS
    September 7th, 2009 @ 10:20 pm

    I’ve been wondering something for quite awhile. It has been said that we as individual citizens of the United States have not been harmed by the possibility of a usurper in the White House. Well here is my perspective…if I knew we could nominate individuals that do not meet the Constitutional requirement of being a natural born, then I (we) could have searched the world over and found a candidate that I (we) would want to run against Mr. Obama. After all, if the candidate didn’t have to prove that they meet the Constitution requirement, then we as citizens missed the opportunity to look a much larger pool of candidates.

    It would be like playing a game where the rules are changes in the middle of the game that only benefits one player and not the rest. This is wrong. Either we need all need to be following the Constitution or the doors should have been thrown opened to everyone. Don’t get me wrong, I believe we should be following the Constitution, but if we can’t verify that Mr. Obama really did follow the rules, then we (individual citizens) have been done harm by not having the same options to pick someone also doesn’t fit the Constitutional requirement of being a Natural Born Citizen.

  19. Eric
    September 7th, 2009 @ 10:28 pm

    Obama would not have had a high mathematical chance of winning had the public been told of his ineligibility.

    Congress never was afforded the opportunity to challenge the electoral college vote. Another fix in usurping the constitution.

    The justice department knows what has been done to sit an ineligible president and is as complicit in the cover up as the DNC, congress and Obama in thumbing their collective noses at the law to sit their choice not ours.

  20. speedy
    September 8th, 2009 @ 9:04 am

    Good luck today in court, Orly. I hope you get discovery and the dismissal motion for lack of standing gets denied. I am keeping you and all the plaintiffs/witnesses, etc in my prayers.

  21. pip
    September 8th, 2009 @ 9:33 am

    Oh my Orly you have got them panicking.

    Wishing you all the luck in the World….I hope justice prevails!

    (I am having a real problem trying to get this message sent – it keeps taking me to a blank page Internet Explorer)

  22. Kevan Corkill
    September 8th, 2009 @ 11:18 am

    God Bless YOU! 🙂 Dr. Orly! 🙂 YOU are a wonderful Patriot! 🙂 Prayers for strength for YOU! 🙂

  23. Harold Eugene Johnson
    September 8th, 2009 @ 6:06 pm

    “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.”

    Specifically: “And because the dozens of plantiffs can’t show they were directly injured by Obama’s presence in office.”

    Millions of Americans, present, and future, will soon be able to prove they were directly injured by Obama’s presence in office, as they have to live with less and pay more on Trillions of Dollars related to the unnecessary National Debt, in addition to legislation that has been signed, and will be signed by Dear Leader, Chairman Maobama; a/k/a SON-OF-A-NIGGER-FUCKER, currently pretending to act as president of the United State. May as well take that to the bank, because there will never be enough money to pay off the National Debt, since Interest Money is never, ever, printed. We are in deep trouble; and bankrupt!