Once more, 'Birther' suit dismissed

by smkovalinsky | October 29, 2009 at 02:36 pm

345 views | 66 Recommendations | 20 comments

In a Santa Ana courtroom today, once again a Federal judge dismissed a lawsuit from a 'Birther', claiming Obama's presidency illegitimate because he was born outside the US.

In a court ruling, Judge David O Carter, US District Court Judge, ruled that the president's birthplace should not be challenge through the courts, but via the election process.

Recently, a District Court judge in the state of Georgia made a similar ruling. Indeed, he went one step further, imposing a $20,000.00 fine for the filing of a frivolous and time-wasting suit.

So-called birthers have been challenging the legality of Obama's presidency, claiming he was not born in Hawaii, despite the existence of hospital records and a newspaper birth announcement at the time.
Rancho Santa Margarita-based attorney Orly Taitz and Ramona-based lawyer Gary G. Kreep filed the lawsuit in Orange County on the day of the president's inauguration. They represent 44 plaintiffs, including military personnel and third-party political candidates such as Alan Keyes.

In an Oct. 5 hearing, the judge denied a motion to sever Kreep from the case.

Kreep and Taitz have been sparring about legal strategies. Kreep represents the Rev. Wiley Drake, a conservative Orange County clergyman who ran for vice president under the anti-immigration American Independent Party, and Markham Robinson, the chairman of the American Independent Party.

Taitz represented Capt. Pamela Barnett and other military officers who have questioned whether they should follow orders issued by what they claim is an illegitimate commander in chief.

Taitz has filed similar lawsuits elsewhere in the

country and has failed, most recently in Georgia, where U.S. District Court Judge Clay Land not only rejected her lawsuit by fined her $20,000 for "frivolous" litigation.

0 See all footage | View Slideshow

Share: email story | add to any | | facebook | stumbleupon

recommend Add a comment

generaldecay

at 14:44 on October 29th, 2009

When are they going to stop with this?

Rhonda J Mangus

at 14:59 on October 29th, 2009

When they think it is resolved:)?

marianmo

at 15:42 on October 29th, 2009

lol i dont think they will ever give up but maybe heavy fines and court costs will make them think ywice

Rhonda J Mangus

at 16:27 on October 29th, 2009

From the source:

"Department of Justice attorneys Roger West and David DeJute successfully argued that only Congress can remove a president through impeachment, and the only involvement of the courts is that the chief justice of the Supreme Court presides over an impeachment trial.

Otherwise, the country would be "crippled" if a lone judge could undo an election, West argued, and Judge Carter agreed."

albertacowpoke

at 17:35 on October 29th, 2009

Rhonda I would tend to agree with those attorneys. It would create chaos if it was otherwise. Thanks for that additional information.

Rhonda J Mangus

at 17:47 on October 29th, 2009

You are very welcome, albertacowpoke. It is actually additional material at this story's source link. Yes, it would create chaos, but also shows that the matter was not tossed out on the basis of the allegations.

albertacowpoke

at 18:34 on October 29th, 2009

Agreed. As Roy states below the judge felt that it was not his to deal with.

Rhonda J Mangus

at 18:36 on October 29th, 2009

Exactly! And as I indicated to Roy below, "'We' must 'keep it real'"!:)

Portia (not verified)

at 17:11 on October 29th, 2009

What is Obama trying to hide? Why doesn't he produce his records? He has spent tons of money on lawyers to hide his documents. All he has to do is release his records. The birthers are right to be suspicious. And why hasn't Obama brought the soldiers home yet? or repealed the Patriot Act? or put back the regulations that were removed by both parties and which caused the real estate/derivatives scam-crash? Because we do not have a two-party system -- just a fraternity of evil thugs.

QueensHart

at 18:23 on October 29th, 2009

I heard something the other day. Where there is one lie there are thousands more just like cockroaches. Obama is a liar. Bottom line he is born of Kenyan Father and a trollop who no longer had citizenship. If you trace her coming in he had to be four. He is not an American period regardless of paper. The citizens do not care if he can take the country somewhere better but if he doesn't? Some one hiding under rocks paid off to keep all his records from colleges secret which would show how he got thru school to begin with by getting all the grants ...blah...blah...blah...

Bottom line he is just like the rest of the lying , greedy, narcissistic politicians. He just looks more handsome to the multicultural folks cause he is one of them. Anyone with brains and some knowledge of personality disorders and addictions can see he is meeting all the criteria for an Adult Child of An Alcoholic. There is a long list of characteristics If you don't know em you obviously cannot recognize them. Which also means you may qualify. He was abandoned ...PERIOD. That alone also causes him to suck up to any man or run from healthy strong ones like our military. He should be impeached for not listening a long time ago to the recommendations of the ones who are qualified but he is more interested in the next election and what the libtards think of him than the men over there sacrificing their lives and the families future with no father. He does not care. He has no feeling function. It was shut down a long time ago.

Babel-Fish

at 19:22 on October 29th, 2009

Where did you get that information from? I can not find any reference of her living in Kenya in fact she met Obama's father in Hawaii whilst studying at University. They married in Hawaii the father stayed in the USA to continue his education, Obama was born in Hawaii and rightfully held US citizenship having lived there as the child of a US citizen. One can not lose ones citizenship because one lives in another country such as Indonisia, Obama certainly would not have he would of travelled out on a US passport as a registered US citizen. Really you americans want to read your imigration laws before put your foot in your mouth.

Then you call the presidents mother a trolop why because she married two men with dark skins.

Look I dont like Obama but I prefer to take a more polite and much more sensible avenue when attacking his policies. Yes american politicians elitist are sleeze bags but hey no need to attach their mothers for their mistakes in fact his mother maybe a very nice person that fell in love with the wrong man.

I consider the argument that Obama is not an American was a racialistic attack and a very unsavorable one. If the republican party thought he really was not an american he would not be sitting in the seat he is sitting in now.

Roy C

at 18:25 on October 29th, 2009

The judge didn't say that the claim of Obama's being a foreign national was false.

He said it wasn't his business to deal with it.

That is not a resounding vote of confidence for Obama. That was purely technical.

Rhonda J Mangus

at 18:34 on October 29th, 2009

Roy C, that was my point in posting the additional material:)! 'We' must 'keep it real':)!

Roy C

at 19:49 on October 29th, 2009

Just reminding the peanut gallery that maybe didn't read your post well. :)

Judges can avoid being heroes and villains by taking these positions. I have some stories about this.

Rhonda J Mangus

at 03:05 on October 30th, 2009

Babel-Fish

at 18:48 on October 29th, 2009

I have uploaded Obama's birth certificate that he did not hide and made sure it was published.

Rhonda J Mangus

at 18:55 on October 29th, 2009

Babel-Fish, what you have uploaded is a Certification of Live Birth, not a Birth Certificate.

Babel-Fish

at 19:39 on October 29th, 2009

Your right, being a Brit its easy to make such a mistake sorry thanks for putting me right.

Rhonda J Mangus

at 03:04 on October 30th, 2009

You are very welcome! And, thanks for the bit of humor:)!

Babel-Fish

at 20:06 on October 29th, 2009

Now for some humor to make up for my mistake..

WASHINGTON, DC – The official copy of Barack Obama’s birth certificate was stolen this week by Republicans wishing to halt his health care reform.

Since before the election there has been a great deal of speculation regarding President Obama’s birth certificate. A growing movement among conservatives known as “Birthers” believes Barack Obama was actually born in Kenya and wants legislation passed requiring Presidents to provide an official copy of their birth certificate.

Earlier this week a group of conservatives stole the Presidents birth certificate, and are now holding it ransom to stall talks on Health Care reform. The group stealing the certificate was lead by Florida Representative Bill Posey. He, along with California Congressman John Campbell, led an elite squad of commandoes in a daring heist at the Honolulu hospital where the document, real or forged, was kept.

Now, with the issue of his legitimacy to be President in the hands of his opponents, Barack Obama is forced to stall on pushing forward his Health Care plan. Republicans want the reforms watered down to more favor profit generating insurance companies. Republicans believe that more socialized health care could lead to the unnecessary deaths of thousands of Americans every year.

Then there is of course the Obama challenge