Politico: Orly Taitz is 'tilting at windmills'

Rightardia: We expect the Taitz suit to be thrown out because the election results have been signed and sealed. Orly Taitz is was born in Moldavia and has ties to the Israeli government of Benjamin Netanyahu.

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. We agree with the DOJ position: the courts have no constitutional authority to remove or impeach a president. 

Only the US Congress and Senate can remove a president by starting impeachment proceedings. With significant Democratic majorities in the House and Senate, Taitz and the Birthers are 'tilting at windmills.' The Supreme Court or lower federal courts have no jurisdiction in this frivolous law suit.

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.”

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


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