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PatGund Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:43 AM
Original message
Federal judge tosses out Army captain's complaint questioning president's legitimacy
Source: ledger-enquirer.com

"U.S. District Court Judge Clay Land today tossed out a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.
Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national birther movement, on notice by stating that she could face sanctions if she ever files a similar frivolous lawsuit in his court."


Read more: http://www.ledger-enquirer.com/news/breaking_news/story...



Order is here:

http://ia311028.us.archive.org/1/items/gov.uscourts.gam...

My three favourite parts:

"Furthermore, Plaintiffs counsel is hereby notified that the filing of any future actions in this Court, which are similarly frivolous, shall subject counsel to sanctions. See Fed. R. Civ. P. 11(c)."

"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."

For the reasons previously stated, Plaintiffs motion for a temporary restraining order is denied and Plaintiffs complaint is dismissed in its entirety. Defendants shall recover their costs from Plaintiff. See Fed. R. Civ. P. 54(d).
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wordpix Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:45 AM
Response to Original message
1. lol, plantiff should read Obama's birth certificate from Hawaii, how 'bout?
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PearliePoo2 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:46 AM
Response to Original message
2. Bwaaahahahaha
:rofl:
and over at a place un-named: HEADS ARE EXPLODING!
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PatGund Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:51 AM
Response to Reply #2
6. I'll bet....
Especially since one of the people there, "Roaddog727", is Stefan Cook, who's trying to appeal his case dismissal from the same judge and who was helping Dr. Orly "advise" Dr. Rhodes.

Oh, Cook goes in front of a promotions board shortly. Want to bet that his chances for promotion to Lt. Col. are 1) slim, 2) none, and 3) forget it??
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PearliePoo2 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:58 AM
Response to Reply #6
11. I'll pick number 3 ) please!
:toast: :toast: :rofl:
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:11 AM
Response to Reply #6
18. How about order to resign his commission and accept a general discharge
Edited on Wed Sep-16-09 11:11 AM by Hawkeye-X
or go with dishonorable discharge for disobeying his Commander in Chief.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:53 AM
Response to Reply #2
8. freepwads had high hopes for this case, the pathetic little fuckheads
the story hasn't been posted yet, but I look forward to their crashing disappointment.
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PearliePoo2 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:01 AM
Response to Reply #8
12. freepwads!
:rofl:
crash and burn....you knuckle-draggers.

:rofl:
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Mike Daniels Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:09 PM
Response to Reply #2
23. And guess who appointed Land to the court?
Edited on Wed Sep-16-09 12:10 PM by Mike Daniels
From Judgepedia: http://judgepedia.org/index.php/Clay_Land

"On the recommendation of US Congressman Saxby Chambliss, Land was nominated by President George W. Bush on September 21, 2001 to a seat vacated by Robert Elliot which was approved by Congress. Land was confirmed by the U.S. Senate on December 13, 2001 on a majority voice vote and received commission on December 21, 2001 <2>."


Already the FReeps are bitching about Land w/out realizing who appointed him.

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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 05:59 PM
Response to Reply #23
36. You mean Chickenhawk Chambliss, who received five student deferments during the Vietnam war?
The one who was also given a 1 year medical deferment for bad knees due to a football injury? Is that the same Saxby Chambliss?
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PatGund Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 06:44 PM
Response to Reply #36
37. The very same one
Ironic, isn't it?
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livetohike Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:47 AM
Response to Original message
3. Plaintiff's counsel should be disbarred for wasting the
judge's time.
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Ikonoklast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:49 AM
Response to Original message
4. That is a judicial slap-down, of the first order.
If Oily had half a brain, she would just go away after this one.

But she won't. The money she is spending isn't hers, so she'll keep on going.
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vduhr Donating Member (481 posts) Send PM | Profile | Ignore Wed Sep-16-09 10:53 AM
Response to Reply #4
9. If she does..
then, just as livetohike says above, she should be disbarred. I mean really, she has conducted herself in an unprofessional manner. Isn't that enough to disbar an attorney?
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WePurrsevere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:05 AM
Response to Reply #4
13. I agree.. I wonder how much $$ she's making from this?
Edited on Wed Sep-16-09 11:06 AM by WePurrsevere
She doesn't strike me as the type to do it strictly pro bono with nothing to gain.
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:43 PM
Response to Reply #13
25. Orly works strictly pro Bozo n/t
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WePurrsevere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 04:35 PM
Response to Reply #25
31. Well I know she works for a bunch of clowns...
;)
but she must be making money at it somehow too... even crazy bigots have gotta eat dontcha kno'.
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PatGund Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 06:45 PM
Response to Reply #31
38. PayPal
She's constantly hitting up her Cavity Creeps for more PayPal donations
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WePurrsevere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 08:10 PM
Response to Reply #38
39. Thanks... ummm..
"cavity creeps" eh? LoL.. I like it! :D

She's certifiable IMO but there's a part of me that can't shake the feeling that there's more to this nonsense then is completely obvious ATM. :shrug:
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Scurrilous Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:50 AM
Response to Original message
5. K & R
:thumbsup:
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wilt the stilt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:52 AM
Response to Original message
7. Have a nice time in Iraq
hope it doesn't get too hot for you there. On the other hand it may be good practice for your destination in the afterlife.
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Magleetis Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:53 AM
Response to Original message
10. Two down
How many more to go? They just don't learn.
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Joanne98 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:06 AM
Response to Original message
14. LOL
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agentS Donating Member (922 posts) Send PM | Profile | Ignore Wed Sep-16-09 11:06 AM
Response to Original message
15. Better open your checkbooks, WORLD NET(NUT) DAILY
You heard the judge. Y'all been funnneling this scummy lawyer money for months now so she can clog courts with craptacularly written legal briefs.
Briefs so bad I wouldn't use them to patch holes in my draws.
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PatGund Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:12 PM
Response to Reply #15
27. It's Dr. Orly...
Her on-line law school education gave her the legal skills of a Fisher-Price toy.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:10 AM
Response to Original message
16. The judge should have put Orly on notice that she is to be referred for disbarment
from arguing before the Federal Courts.

Hawkeye-X
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Gman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:10 AM
Response to Original message
17. "unashamedly alleges that Defendant has the burden to prove"
LOL!
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Old Codger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:46 AM
Response to Original message
19. Holy shit
A ray of sunshine and common sense in my day.... she should be booted forthwith... he should be sent to the most remote firebase they have,send her along...
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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:48 AM
Response to Original message
20. Darn those George W Bush-appointed activist Judges!
It's liberalism run amok!
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Javaman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:54 AM
Response to Original message
21. when morons and the law collide. LOL nt
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Mike Daniels Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:58 AM
Response to Original message
22. I don't understand why even the birthers won't acknowledge this bit of reality check...
"In his order, Land states in a footnote that Obama defeated seven opponents in a grueling primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.

It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought, Land says.



----


Do the birthers really think Hillary or McCain (I do think his team looked into the rumours) would have conceeded defeat in the primary or general election respectively if they felt there was legitimate evidence out there that Obama didn't qualify for POTUS on citizenship grounds? What reason would either possibly have for not bringing it up if they thought it was a legitimate point?

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WePurrsevere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 04:58 PM
Response to Reply #22
33. You're correct, "McCain Campaign Investigated, Dismissed Obama Citizenship Rumors"
http://washingtonindependent.com/52474/mccain-campaign-...

They're truly bat guano crazy idiots who are so wrapped up in fear, ignorance and bigotry that they can't even use the one or two lonely brain cells they have been graced with.

Hillary had the strong ambition, had her husband the x-president's backing and wanted the Presidency VERY badly.. I think perhaps even more so then McCain. She and Bill also had lots of connections all over the world. These birthers are dumber then doorknobs if they think for even one minute that if there was a snowballs chance in Hell, Michigan of getting this type of goods on Obama, Hillary and Bill wouldn't have dug it up and thrown it out there.
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bertman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:38 PM
Response to Original message
24. So Sweet!!!
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 01:34 PM
Response to Original message
26. How many cases have been tossed now? 10, 20, or maybe 1.7 million?
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peace13 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:24 PM
Response to Original message
28. The soldiers, men and women, are gonna love this Doc when she gets there.
Hope she can pull it off. Happy to take the tuition money just not so happy about doing what she promised. Payback sucks sometimes.
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kwassa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:41 PM
Response to Original message
29. The judge's finding is quite a good read.
It is relentless in condemnation of Taitz and the spurious nature of this lawsuit.
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Hubert Flottz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:12 PM
Response to Original message
30. But it's okay for republican'ts to waste the taxpayers time
Edited on Wed Sep-16-09 03:13 PM by Hubert Flottz
and money on frivolous bullshit?

The court could have been doing something useful, like trying Bush and Cheney for lying to start that frivolous war in Iraq.

EDIT...people who "Support The Troops" don't go AWOL.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 04:43 PM
Response to Reply #30
32. Why can't they find an activist judge when they really need one?
Oily will keep on trying but she won't do it in this particular court again. This is way funny! I find myself looking forward to these episodes.
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 04:59 PM
Response to Original message
34. Taitz needs to be charged with barratry.
Edited on Wed Sep-16-09 05:01 PM by damntexdem
"1. The offense of persistently instigating lawsuits, typically groundless ones."
from: http://www.thefreedictionary.com/barratry

Otherwise, she will continue to file more and more of these, taking up the time of varied courts.

"Next time" if she hits the SAME court just doesn't cut it.
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durablend Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 05:17 PM
Response to Reply #34
35. I thought Republicans hated frivolous lawsuits..... n/t
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