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Rhodes v. MacDonald (Obama) is DISMISSED!! [View All]

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Adelante Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:34 AM
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Rhodes v. MacDonald (Obama) is DISMISSED!!
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Edited on Wed Sep-16-09 10:57 AM by Adelante
Good read. Orly Taitz is prevented from filing "similarly frivolous" cases in this George court.

http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.77605.13.0.pdf




The judicial smackdown is of truly grand proportions:

Then, implying that the President is either a wandering nomad or a prolific identity fraud crook, she alleges that the President “might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President.”


Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status.


The factual allegations must be sufficient “to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff’s complaint is not plausible on its face.


Presumably, some other military doctor, who does not resort to frivolous litigation to question the President’s legitimacy as Commander in Chief, would be required to go to Iraq in Plaintiff’s place. Similarly, the doctor who Plaintiff is being sent to relieve and who has likely been there for months would be delayed in receiving his well deserved leave because his replacement seeks special treatment due to her political views or reservations about being placed in harm’s way.


A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly disserve the public interest.


And last, but friggin' painful for their lies about the "millions" O is spending on legal fees:

For the reasons previously stated, Plaintiff’s motion for a temporary restraining order is denied and Plaintiff’s complaint is dismissed in its entirety. Defendants shall recover their costs from Plaintiff. See Fed. R. Civ. P. 54(d).




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