Once more, 'Birther' suit dismissed

by Susan Marie Kovalinsky | October 29, 2009 at 02:36 pm

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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.

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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."

Karl Gotthardt - 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.

Karl Gotthardt - 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.

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':)!

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