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Judge puts the SMACKDOWN on Orly Taitz and Army Captain.

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Beer on a stick Donating Member (421 posts) Send PM | Profile | Ignore Wed Sep-16-09 02:39 PM
Original message
Judge puts the SMACKDOWN on Orly Taitz and Army Captain.
http://www.ledger-enquirer.com/news/breaking_news/story...

Judge tosses out Army captain's complaint questioning president's birth; Orly Taitz on notice
BY ALAN RIQUELMY - ariquelmy@ledger-enquirer.com

U.S. District Court Judge Clay Land tossed out on Wednesday 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 again files in his court a similar “frivolous” lawsuit — a document that at one point the judge states that a middle school student could find irony in.

;(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States,” Land states in his order. “Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, an unqualified imposter.’”

Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, argued that some facts point to Obama not being naturalized or possibly an illegal immigrant.

“This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president,” Rhodes’ complaint states. “This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.”

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.

The judge adds that Congress hasn’t started impeachment proceedings against Obama, appears satisfied that he can hold the office and has rejected the suggestion he isn’t.

Taitz, who Land says has fueled the “birther movement” with her litigation, hasn’t appeared to have won any of her claims, the judge said. Taitz pressed her agenda by filing the complaint on behalf of Rhodes, a doctor who had her final two years of medical school paid for by taxpayers, Land states.

Rhodes doesn’t want to be discharged, relieved from her two-year obligation and hasn’t previously complained about any orders she’s received, including ones since Obama took office, Land says. The judge adds that Rhodes’ “conscientious objections” to serving Obama as commander in chief can be accommodated if she isn’t deployed.

The judge specifically addresses Rhodes’ “birther” arguments, including allegations that Obama might have used 149 addresses and 39 Social Security numbers before becoming president and the existence of what Taitz claims is Obama’s Kenyan birth certificate.

“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,” Land states. “Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles.

“Unlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so,” Land says.

Land ordered that the defendants — who include Obama, U.S. Defense Secretary Robert Gates and Col. Thomas MacDonald, Fort Benning garrison commander — will recover any costs from the complaint from Rhodes.
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maddezmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:43 PM
Response to Original message
1. Super News and rec'd, but you need to snip/edit to only use 4 paragraphs due to DU copyright rules
:hi:
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catbyte Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:50 PM
Response to Reply #1
5. Not only that...
thanks to Contrary1, here's a link to the actual ruling--it's hilarious! :rofl:


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

Talk about unmitigated gall--we, the US taxpayers, not only paid for her last 2 years of medical school, but her internships as well. What a loser. The military should assign her to every hellhole on the planet until her release. Either that, or have her reimburse every penny she received from us. Words fail me.


(I started an identical thread a little earlier).

Cheers!

Diane

Anishnabe and proud
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:16 PM
Response to Reply #5
10. Link is broken for me.
:(
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Beer on a stick Donating Member (421 posts) Send PM | Profile | Ignore Wed Sep-16-09 03:10 PM
Response to Reply #1
9. Oopsie. I've only posted a few articles, so I didn't know.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:45 PM
Response to Original message
2. A Bush Appointee
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:48 PM
Response to Original message
3. Hurrah!
:kick:
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Lone_Star_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:50 PM
Response to Original message
4. Execellent news! K&R nt
:kick:
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DebbieCDC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:51 PM
Response to Original message
6. Here's the whole point to this BS:
"Rhodes' 'conscientious objections' to serving Obama as C-in-C can be accommodated if she isn't deployed."

That the whole game-set-match right there. No "de facto" president, no fake birth certificate. She doesn't want to go and thought this would get her out of it. Lady, you picked the wrong horse to ride in this race.
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atreides1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:30 PM
Response to Reply #6
11. DoDI 1300.06, May 31, 2007
Her objection isn't going to fly because the US military already has regulations and acceptable reasons for Conscientious Objectors:


3.1. Conscientious Objection: General. A firm, fixed, and sincere objection to participation
in war in any form or the bearing of arms, by reason of religious training and/or belief. Unless
otherwise specified, the term "Conscientious Objector" includes both Class 1-O and Class 1-A-O
Conscientious Objectors.

3.1.1. Class 1-O Conscientious Objector. A member who, by reason of conscientious
objection, sincerely objects to participation in military service of any kind in war in any form.

3.1.2. Class 1-A-O Conscientious Objector. A member who, by reason of conscientious
objection, sincerely objects to participation as a combatant in war in any form, but whose
convictions are such as to permit military service in a non-combatant status.

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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 02:55 PM
Response to Original message
7. Defendants recover costs! That could be big.
It gives the defendants the ability to pursue collection of those costs against Oily Taint and her co conspirators.
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Brother Buzz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 06:17 PM
Response to Reply #7
16.  Rhodes is on the hook for the costs
It was Rhodes' complaint and she is left holding the bag.
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JBoy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:09 PM
Response to Original message
8. Unlike in Alice in Wonderland, simply saying something is so does not make it so,
Hear that, Glenn Beck?
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RoccoR5955 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:32 PM
Response to Original message
12. I wonder if it would be the same if "Panama" John McCain would have won.
We all know that he was born on leased land in Panama, and therefore, by definition, was NOT born on US soil. McCain is definitely not a "natural born" American.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 06:24 PM
Response to Reply #12
17. oh bullshit.
NBC is an amorphous term.
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RoccoR5955 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 07:09 PM
Response to Reply #17
20. Last time I looked it up NBC
was National Broadcasting Corporation.
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Fozzledick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:33 PM
Response to Original message
13. an illegal usurper, an unlawful pretender, an unqualified imposter. ?
That sounds like George Bush to me!
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ljm2002 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 03:59 PM
Response to Original message
14. Nice! Here's my favorite part:
"Land ordered that the defendants who include Obama, U.S. Defense Secretary Robert Gates and Col. Thomas MacDonald, Fort Benning garrison commander will recover any costs from the complaint from Rhodes."

I hope they go after Ms. Rhodes on this.
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Beer on a stick Donating Member (421 posts) Send PM | Profile | Ignore Wed Sep-16-09 05:42 PM
Response to Reply #14
15. I don't see why they wouldn't. Part and parcel of the loony bin that started all this.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 06:35 PM
Response to Original message
18. Is this the same Taitz case in which a Judge Carter ordered discovery?
Edited on Wed Sep-16-09 06:35 PM by demwing
Does anyone know how many balls Taitz is juggling at a time?
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 06:43 PM
Response to Reply #18
19. Judge Carter did NOT order discovery, contrary to Taitz' bullshit claims
Carter still has yet to rule on the motion to dismiss.

To date, not a single birther case brought by any attorney in any federal court has survived the first motion to dismiss.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:15 PM
Response to Reply #19
21. I KNEW she was lying, dammit!
The only info on Judge Carter I could find was that he was withholding judgement for now. I new that lying nut sack was spreading disinformation.

Someone needs to petition the State of California to have her disbarred.
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