brooklynite (1000+ posts) Thu Oct-29-09 02:58 PM
Original message
Orly Taitz Smacked Down: Birther Lawsuit Dismissed Source: Washington Independent
Central District of California Judge David O. Carter has dismissed Barnett et al v. Obama et al, Orly Taitz’s most successful lawsuit — that is, the one that got the furthest through the legal system — demanding proof of the president’s citizenship. The entire decision is here, and it’s devastating to Taitz. Here’s an excerpt of the disposition, with emphasis in the original:
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:
washingtonindependent.com/65703/orly-taitz-smack...
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This is going to send our FRiends into a frenzy. Judge Carter was
"once a Marine, always a Marine", who was going to stand up for justice and patriotism.
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Replies to this thread
There are now three posts on this. tabatha Oct-29-09 02:59 PM #1
trouble ahead Howardx Oct-29-09 03:00 PM #2
So the Smith submission to the court was read. tabatha Oct-29-09 03:08 PM #6
Perhaps now she'll go back to doing root canals. SKKY Oct-29-09 03:03 PM #3
I'll bet she's as good at root canals as she is at lawyering. notadmblnd Oct-29-09 03:46 PM #14
This appears to be the ultimate smackdown. I don't know BootinUp Oct-29-09 03:06 PM #4
It is Orly Taitz, not a sane individual MiniMe Oct-29-09 03:15 PM #10
Rum Fun, Sir, Will Break Out Any Minute Here.... The Magistrate Oct-29-09 03:07 PM #5
another weirdo with money (nt) fascisthunter Oct-29-09 03:13 PM #7
I wonder if she'll give it up now. Hope so. - n/t Jim__ Oct-29-09 03:14 PM #8
This was Orly's last best hope gratuitous Oct-29-09 03:14 PM #9
ah, but doesn't it now go to her best buds ... zbdent Oct-29-09 03:16 PM #11
Likely appeal route gratuitous Oct-29-09 04:01 PM #16
Pass popcorn please leftofcool Oct-29-09 03:20 PM #12
unfortunately i fear this will not be the end of these idiots n/t votingupstart Oct-29-09 03:45 PM #13
Poor Orly. She needs a diversion to help her feel better. Gold Metal Flake Oct-29-09 03:50 PM #15
tabatha (1000+ posts) Thu Oct-29-09 02:59 PM
Response to Original message
1. There are now three posts on this.
However, I should post this quote:
"Having now read the document, I find I have trouble laughing. This is one of the saddest things I’ve ever read.
If Birthers were capable of questioning their own judgment, they might think about how thoroughly wrong they got this former US Marine and what it says about their own patriotism:"
ohforgoodnesssake.com/?p=4246 "This “cut and run” call to lay down arms and leave this country defenseless is an effort by Plaintiffs to emasculate the military.
Plaintiffs have inappropriately requested that this Court interfere with internal military affairs. … Plaintiffs only seek to enjoin acts that the President takes as Commander-in-Chief internationally, not domestically. This peculiarity leads the Court to suspect that the constitutional objection is being used as a veil to avoid deployment to countries where the United States military is currently active, such as Iraq or Afghanistan. … The duty to defend is not dependent upon a political or personal view regarding the individual who serves as President and Commander-in-Chief. It is an unequivocal duty to defend our country."
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Howardx (1000+ posts) Thu Oct-29-09 03:00 PM
Response to Original message
2. trouble ahead
Edited on Thu Oct-29-09 03:09 PM by Howardx
"The Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves. This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court. While the Court seeks to ensure that all interested parties have had the opportunity to be heard, the Court cannot condone the conduct of Plaintiffs’ counsel in her efforts to influence this Court."
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tabatha (1000+ posts) Thu Oct-29-09 03:08 PM
Response to Reply #2
6. So the Smith submission to the court was read.
www.democraticunderground.com/discuss/duboard.ph...
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SKKY (1000+ posts) Thu Oct-29-09 03:03 PM
Response to Original message
3. Perhaps now she'll go back to doing root canals.
AND SHUT THE f**k UP!!!!!!
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notadmblnd (1000+ posts) Thu Oct-29-09 03:46 PM
Response to Reply #3
14. I'll bet she's as good at root canals as she is at lawyering.
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BootinUp (1000+ posts) Thu Oct-29-09 03:06 PM
Response to Original message
4. This appears to be the ultimate smackdown. I don't know
how anyone can read that opinion or that section of it and see it any other way.
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MiniMe (1000+ posts) Thu Oct-29-09 03:15 PM
Response to Reply #4
10. It is Orly Taitz, not a sane individual
She will think that Judge Carter made a bad ruling. If she goes too far on this one, I would be guessing that she will be in for another contempt fine.
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The Magistrate (1000+ posts) Thu Oct-29-09 03:07 PM
Response to Original message
5. Rum Fun, Sir, Will Break Out Any Minute Here....
www.orlytaitzesq.com/ Printer Friendly | Permalink | Reply | Top
fascisthunter (1000+ posts) Thu Oct-29-09 03:13 PM
Response to Original message
7. another weirdo with money (nt)
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Jim__ (1000+ posts) Thu Oct-29-09 03:14 PM
Response to Original message
8. I wonder if she'll give it up now. Hope so. - n/t
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gratuitous (1000+ posts) Thu Oct-29-09 03:14 PM
Response to Original message
9. This was Orly's last best hope
In interview after interview, she crowed about how she had a discovery schedule, a dispositive motion schedule and a trial date in this case. I don't know whether she knows enough about federal civil procedure to know that those are pro forma settings the court makes in every case, but the people interviewing her certainly didn't have a clue. But then, how could a lowly talking chucklehead making a six- or seven-figure annual salary possibly know to consult a real attorney about federal procedure? They'd have to some kind of superbrain or something!
Hopefully Ms. Taitz will be a little more circumspect about poking a California federal judge. But somehow I doubt it. Let the fun begin again!
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zbdent (1000+ posts) Thu Oct-29-09 03:16 PM
Response to Original message
11. ah, but doesn't it now go to her best buds ...
the John Roberts controlled SCOTUS?
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gratuitous (1000+ posts) Thu Oct-29-09 04:01 PM
Response to Reply #11
16. Likely appeal route
I'd guess she'll try a motion for reconsideration, which isn't really allowed under the federal rules, but that doesn't seem to be much of a bar to some attorneys I could name. Whenever the judgment of dismissal is finalized, she can go to the Ninth Circuit, but I don't think the Ninth Circuit recognizes "Waaaaah, Ricky! He was mean to me!" (in your best Lucille Ball whine) as a basis for appeal.
Depending on how the Ninth Circuit handles it, there's a three judge panel and appeal to the entire group of judges. That could take a couple of years, especially with a lawyer who couldn't get her government defendants served with process for six months. After the Ninth Circuit gets done laughing at her, then she can go to the Supremes. I'd say we'd be looking at 2011 by then, and the bloom will surely be off Orly's rose by that time at her present rate of slippage.
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leftofcool (1000+ posts) Thu Oct-29-09 03:20 PM
Response to Original message
12. Pass popcorn please
Freeper show coming soon to a democratic theater near you
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votingupstart (449 posts) Thu Oct-29-09 03:45 PM
Response to Original message
13. unfortunately i fear this will not be the end of these idiots n/t
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Gold Metal Flake (1000+ posts) Thu Oct-29-09 03:50 PM
Response to Original message
15. Poor Orly. She needs a diversion to help her feel better.
Maybe you can help? I read that she's a bit of a freak.