Friday, October 30, 2009

Orly Taitz Thrown Out of Court Again! Case Dismissed!

Orly Taitz thrown out of court again! Brrrraaaccckkkk! reports:
Brutal ruling quashes birthers' suit
A federal judge in California has issued a brutal ruling dismissing a closely-watched "birthers'" lawsuit challenging President's Barack Obama's qualifications to be president. In a 30-page ruling issued Thursday morning, Judge David Carter used unusually withering language to throw out the suit prominent birthers' attorney Orly Taitz brought on behalf of a variety of military personnel and some third-party presidential and vice presidential candidates, such as Alan Keyes.

Carter, a Clinton appointee who sits in Orange County, attacked the motives of the military plaintiffs, suggesting they were simple trying to avoid duty in war zones like Iraq and Afghanistan. "This Court will not interfere in internal military affairs nor be used as a tool by military officers to avoid deployment. The Court has a word for such a refusal to follow the orders of the President of the United States, but it will leave the issue to the military to resolve," the judge wrote. Keyes and the other candidates also got the back of the hand from Carter as he discussed whether any of the plaintiffs could show the individualized harm needed to pursue the suit. "Plaintiffs received only four-hundredth of one percent of the vote. The Court may have already met this entire group of voters at the hearings on this matter," the judge scoffed.

Ultimately, Carter found that while he might have had power to consider the suit before Obama's inauguration, the court could not do so now. "There is a textually demonstrable constitutional commitment of the issue of the removal of a sitting president to a coordinate political department–the Legislative branch," the judge wrote. "There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, he became President of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President....The process for removal of a sitting president–removal for any reason–is within the province of Congress, not the courts."
Additionally from CBS news:
Carter says at another point that "the hearings have been interesting to say the least."
"Plaintiffs’ counsel has favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning," he writes. "While the Court has no desire to chill Plaintiffs’ enthusiastic presentation, Taitz’s argument often hampered the efforts of her cocounsel Gary Kreep (“Kreep”), counsel for Plaintiffs Drake and Robinson, to bring serious issues before the Court." "[T]he Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves," writes Carter. "This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court."

Elsewhere in the document, Carter says that "[p]laintiffs appear to assume that should the Court receive a document from Kenya, the Court would give credence to this document over the American birth records of the President and the case would be resolved." "Even should the Court permit the issuance of a letter rogatory to Kenya, the Court would still engage in a comparative exercise in which the records of America, which has historically maintained some of the most credible recordkeeping practices in the world, would be contrasted with the credibility of the records obtained from Kenya," he writes.


Dee said...

Funny how Republicans constantly rail against frivolous lawsuits -- yet not one peep about this nutcase and her travesty of justice.

And so many entertaining nutz were part of this one including Keyes and SDMM Schwilk! Sheeeesh!!

Paul said...

Judge land and now judge Carter, smack down the crazies (case dismissed), poor little Birthers.

Not even “Fake News” Bill O’Reilly believes the crazies, how funny.

To all the birthers in La, La Land, it is on you to prove to all of us that your assertion is true (TOUGH WHEN YOU KEEP LOSING CASES), if there are people who were there and support your position then show us the video (everyone has a price), either put up or frankly shut-up. I heard Orly Taitz, is selling a tape (I think it’s called “Money, Lies and Video tape”). She is from Orange County, CA, now I know what the mean when they say “behind the Orange Curtain”, when they talk about Orange County, the captial of Conspiracy Theories. You know Obama has a passport, he travel abroad before he was a Senator, but I guess they were in on it.

In my opinion the Republican Party has been taken over the most extreme religious right (people who love to push their beliefs on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

I heard that she now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC).

Dee said...

Now Orly is going to picket Oreilly. Not THAT is Hilarious!!

"Birther movement leader Orly Taitz is planning a protest in New York City this weekend against a television personality who refuses to air her insane conspiracy theories -- Fox News' Bill O'Reilly.

The protest is set to take place on Veterans Day, November 11th outside FOX headquarters in Midtown.

O'Reilly dismissed the birthers in July, saying he had investigated and settled the issue.

"That theory has been around for a while. The Factor investigated, found out it's bogus. But Mr. Dobbs is still engaged...

Again, we found out that President Obama was born in Hawaii.. we were sent the documents. And what are you gonna do? I don't know why it's still around..."

The host later called the birthers "stupid."

"Keep in mind, what OReilly did, is more dangerous, more harmful then what some idiots like Rachel Maddow or Keith Obertmann [sic] did, since people believe O'Reilly to be fair and balanced," Taitz wrote on her website."

Read more at:

ultima said...

The main point the judge made is that he has no jurisdiction regarding a sitting president. This is unfortunately the case since those who do have this jurisdiction have absolutely no interest in prusuing the matter.

What would have been interesting is if at the beginning of the campaign, even the primaries, a more articulate spokesperson could have presented a case based real legal arguments that would have had the potential of forcing all candidates to present the original and most basic documents to prove their bona fides. That opportunity is long gone.

Vicente Duque said...

Huffington Post publishes the Most Intelligent or Least Stupid Article on Afghanistan and what to do there.

I have read hundreds of Articles on Afghanistan, some of them are formulas to solve the crisis, written by the same Idiots that recommended War and that said that it was very easy to "win" there.

Others are very intelligent and recommend withdrawal, but that is impossible, because the only source of power in America is not Mr Obama ( an Intelligent Man ) and it is extremely easy to start wars, but it is extremely difficult to end them. The Republicans would eat alive Mr Obama if he withdraws, and Obama would lose governability. Obama has to be Machiavellian, cowboy, John Wayne, Dirty Harry and macho or lose in the Political Game.

These Republicans have incessantily painted Obama as a Sissy Coward, an appeasing weakling, a fool afraid of enemies. So Withdrawal is impossible.

For me the War is irremediably lost, and the Political Situation in Afghanistan and in other nations whose opinion counts are beyond the point of no return, consider the NATO allies and the rest of the World in General.

Only way to win the War in Afghanistan is to exterminate all Afghans, leaving no people alive, and repopulate the country. And that solution is impossible because many Afghans are elsewhere, could return, or the other nations would continue the rebellion lending support to the "Illegal Aliens" that would be furtively introduced.

Every effort to continue fighting only aggravates the Deaths, Victims, Maimed Children, Murder of Women and Old Folks by airstrikes, etc....

Nothing of these bellic efforts is going to produce a Tsunami of Gratitude and Good Will for America. Nothing of this is going to produce Great Fame and Respect for America in the Future.

"It is better to be feared than to be loved" only works for tyrants and is short lived.

So the article inside the Huffington Post is a breeze of fresh air in the stifling and putrid atmosphere of War Games, and Idiotic Solutions given by the Super "Pundits" of Press and TV that led the USA to very stupid war actions.

See article on the Huffington Post in the next comment, please


Vicente Duque said...

Huffington Post
Afghanistan: A Whole New Approach
By Jim Wallis

Founder of Sojourners; speaker, author, activist
October 29, 2009

Afghanistan: A Whole New Approach

Some excerpts :

Many of us have advised the president that the people who know places like Afghanistan the best are neither the military nor the private contractors who increasingly dominate U.S. foreign policy in war-torn regions. Rather they are the NGOs doing relief and development work who have been there for years, have become quite indigenous, and are much more trusted by the people of the country than are the U.S. military or their mercenary friends.

So here is the new approach. Lead with what works -- development. Yes, effective development needs security, and when you massively intervene in a country as much as the U.S. has in Afghanistan, you can't responsibly just walk away -- as has tragically happened to this country too many times before. But we should lead with development now, and only provide the security necessary to protect the strategic rebuilding of the country that is urgently needed -- and that kind of security might better attract the international involvement we so desperately need in Afghanistan, even from Arab and Muslim countries.

And here is an idea of how to do that. Bring to the White House the international organizations who know Afghanistan well because they have been there so long -- such as World Vision, Mercy Corps, Catholic Relief Services, Oxfam, Tearfund, Christian Aid, Church World Service -- and many others. Ask them what U.S. policy would best work, and what kind of security they would need to really do the kind of development in Afghanistan that is most needed.

Let the non-military strategies lead the way, rather than the other way around, which often just makes aid and development work another weapon of war; but then provide the security needed for that work, and make it as international as possible. Also bring in some of the religious and other nonprofit leaders from the Obama Advisory Council and others, to focus on the deeply ethical and moral issues that are at stake in our decisions about future policy in Afghanistan -- legitimately protecting Americans from further terrorism, defending women from the Taliban, developing a diplomatic surge, genuinely supporting democracy, and saving innocent lives from the collateral damage of war -- to name a few.

Sound Judgement in Foreign Policy and Wars, instead of INSANITY :

Vicente Duque

Dee said...

The judge made this point clear to her to shut her up once and for all. No courts have jurisdiction, only Congress. Orly should just pay her fines, pack her bags and go home.

Vicente Duque said...

Anti Obama Racism and Republican Ignorance and Imbecility - Amazing Resuls and Finds of Pollsters - For many people Hawaii is not part of USA

Politics Daily
Only 24 Percent of North Carolina Republicans Think Obama Was Born in U.S.
By Ria Misra

Only 24 Percent of North Carolina Republicans Think Obama Was Born in U.S.

Some excerpts :

A poll released Tuesday from Public Policy Polling shows just 24 percent of Republicans in North Carolina believe that President Obama was born in the United States, despite all evidence that he was indeed born in Hawaii. When factoring in both Democrat and Independent voters, that figure increases, but only to 54 percent.

It's not just Obama that some North Carolinian voters are concerned about, though -- it's his native state. Of those who voted for McCain in North Carolina, only 89 percent agreed that Hawaii is part of the United States.

So, what's the matter with North Carolina? Well, it's not just that state. Another PPP poll from Virginia the week prior showed only 53 percent of all voters believe the president was born in the United States

More about Racial Relations, Racism and Raciality :

Vicente Duque

Page Hits