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Thursday, October 29, 2009

HUFFPO: Orly Taitz Lawsuit Thrown Out By California Judge

The Huffington Post | Rachel Weiner


Have we heard the last of this crazy Birther queen? Probably not. David O. Carter made it very clear in his decision that a federal court cannot remove a standing president from office. 

Another challenge from birther queen Orly Taitz against President Obama's birth certificate has been thrown out of court.

U.S. District Judge David O. Carter's decision came down this morning. dismissed Orly Taitz's challenge that Barack Obama is not a natural-born citizen and so is not the country's legitimate president.

Judge Carter wrote in his decision that the plantiffs were asking the Court "to effectively overthrow a sitting president who was popularly elected by We the People‚ sixty-nine million of the people."

Carter said before the ruling came down that his office was getting 40 to 100 calls from birthers urging him to back Taitz, after she asked for support on her website.

Dave Weigel points out that the decision also confirms that witnesses complained Taitz wanted them to lie on the stand.

Earlier this month, Taitz was slapped with a $20,000 sanction by a judge in Georgia for "wasting the judicial resources" of the Middle District of Georgia with her "frivolous and sanctionable conduct."


Here is the crux of Judge Carter’s decision:


“Interpreting the Constitution is a serious and crucial task with which the federal courts of this nation have been entrusted under Article III. However, that very same Constitution puts limits on the reach of the federal courts. One of those limits is that the Constitution defines processes through which the President can be removed from office. The Constitution does not include a role for the Court in that process.
 
Plaintiffs have encouraged the Court to ignore these mandates of the Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by We the People‚ sixty-nine million of the people.
 
Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction.
 
Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism. Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.”

Read more at: http://www.huffingtonpost.com/2009/10/13/orly-taitz-slapped-with-2_n_318546.html

Read the whole decision:

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4 comments:

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.

http://belowthebeltway.com/2009/10/29/bill-oreilly-slams-orly-taitz/

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).

Rightardia said...

Couldn't agree more. The GOP has been hijacked by ideologues and religious zealots. Most of these Republicans lack the basic skills to run a government because of anti-government baises. In many cases they just stop enforcing labor, banking and consumer law.

Sooner or later this was going to catch up with the GOP and it certainly did when Dubya was elected for two terms.

Montana said...

The Birthers hate and can't debate.

Rightardia: They lack the basic skills to run there own lives.

Rightardia said...

You would think Taitz would understand there are only two ways to remove a president: impeachment and death. I suspect she will be disbarred in California in the next couple of months.