Orly Taitz has gotten her hand slapped by the latest judge to have to deal with one of her frivolous and poorly written lawsuits. This time the judge didn’t just dismiss the case, he actually filed an opinion†. The case and all its claims were dismissed, of course, but additionally the plaintiff is required to pay defense expenses, and Orly Taits has been warned that filing another lawsuit in that court will lead to sanctions. I am reading the opinion now, and there are some tasty bits worth sharing. For those of you wanting just the very best bits, those are in bold.
The Court observes that the President defeated seven opponents in a grueling campaign for his party’s nomination that lasted more than eighteen months and cost those opponents well over $300 million. Then the President faced a formidable opponent in the general election who received $84 million to conduct his general election campaign against the President. 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.
Plaintiff’s challenge to her deployment order is frivolous. She 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. 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, [and] an unqualified imposter.” She continues with bare, conclusory allegations that the President is “an alien, possibly even an unnaturalized or even an unadmitted illegal alien . . . without so much as lawful residency in the United States.” 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.”
Plaintiff alleges that the document [Obama's Hawaiian birth certificate] “cannot be verified as genuine, and should be presumed fraudulent.” In further support of her claim, Plaintiff relies upon “the general opinion in the rest of the world” that “Barack Hussein Obama has, in essence, slipped through the guardrails to become President.” Moreover, as though the “general opinion in the rest of the world” were not enough, Plaintiff alleges in her Complaint that according to an “AOL poll 85% of Americans believe that Obama was not vetted, needs to be vetted and his vital records need to be produced.”
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. Thus, Plaintiff’s counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to “prove his innocence” to “charges” that are based upon conjecture and speculation. 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.
Plaintiff’s complaint is not plausible on its face. To the extent that it alleges any “facts,” the Complaint does not connect those facts to any actual violation of Plaintiff’s individual constitutional rights. Unlike in Alice in Wonderland, simply saying something is so does not make it so.
One piece of “evidence” Plaintiff’s counsel relies upon deserves further discussion. Counsel has produced a document that she claims shows the President was born in Kenya, yet she has not authenticated that document. She has produced an affidavit from someone who allegedly obtained the document from a hospital in Mombasa, Kenya by paying “a cash ‘consideration’ to a Kenyan military officer on duty to look the other way, while [he] obtained the copy” of the document. Counsel has not, however, produced an original certificate of authentication from the government agency that supposedly has official custody of the document. Therefore, the Court finds that the alleged document is unreliable due to counsel’s failure to properly authenticate the document.
Plaintiff has demonstrated no likelihood of success on the merits. Her claims are based on sheer conjecture and speculation. She alleges no factual basis for her “hunch” or “feeling” or subjective belief that the President was not born in the United States.
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.
This won’t stop Orly (or any of the other Birthers out there filing lawsuits). She’ll have a new Kenyan birth certificate in about a month or so, and a new client to represent who is just as crazy as she is. Judges are starting to get thoroughly annoyed by her taking up space on dockets though, and I can’t imagine it will be too long before she faces some consequences of some sort.
Anyway, I found it entertaining, and I thought I’d pass on some of the tastier pieces I particularly enjoyed chewing on.
Footnotes
The birthers, the tea baggers, the screamers, and the deathers continued extreme minority presence will become tiresome to mainstream America, if it has not already done so. To all the birthers in La, La Land, it is on you to prove to all of us that your assertion is true, if there are people who were there and support your position then show us the video (everyone has a price), either put up or frankly shut-up. I heard Orly Taitz, is selling a tape (I think it’s called “Money, Lies and Video tape”). She is from Orange County, CA, now I know what the mean when they say “behind the Orange Curtain”, when they talk about Orange County, the captial of Conspiracy Theories. You know Obama has a passport, he travel abroad before he was a Senator, but I guess they were in on it. In my opinion the Republican Party has been taken over the most extreme religious right (people who love to push their beliefs on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win. Good Luck, because as they said in WACO, “We Ain’t Coming Out”. I heard that she now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC).
This is a non story, and has been since the very beginning. The FBI, and other similar agencies, conduct very intense background investigations, and if these alligations were true Obama would have been automatically disqualified for the position of POTUS. I must admit I do find it amusing that Obama continues to refuse to present an official notarized copy of his birth certificate, as I know he has such a copy, and/or why the state of Hawaii refuses to display the original version. More drama.
For wanting to portray themselves as the most transparent White House in history, they sure do raise more questions that never get answered. Hopefully, Obama’s background investigation was more in depth than the one given his recently dethroned “Green-Job Czar”, Van Jones, underwent. With Jone’s recently revealed history, I have a hard time believing Obama would have picked him as one of his advisors, but apparently he did just that, and how was Jones able to obtain a Top Secret clearance? These 33 Czars (advisors) are required to have a TSC aren’t they? They do serve, and have direct contact with the most powerful person in the world, POTUS. Congress must feel their powers and responsibilities have been somewhat neutered when it comes to how these Czars are appointed. Article II, Section 2, paragraph 2 of the United States Constitution: Advise and consent. Thanks, but no thanks. We’ll call you if we need you. LMAO.
This birth certificate story in some ways is very similar to when Obama served as President of the Harvard Law Review. Most law students elected to this position spend their first year writing their brief, anonymous, but Obama has never mentioned his law review piece, and has never produced it. So it took the investigative efforts of Politico.com to unearth this scant 6 page document. If one in interested in reading this piece it begins on page 823 of Volume 103 of the Harvard Law Review.
People keep throwing around the term “Obama’s Heath Care Plan”. Hello out there, he doesn’t have one, the House has one, the Senate has one, but not Obama. He’ll sign anything that even vaguely resembles a health care plan so he can call it his plan. 2010 can’t come soon enough. :bounce:
You got to give her an “A” for effort. She just keeps trying no matter how crazy she looks or how damaging this is to her reputation.
Got to love her for that.
P.s. I love the wig.
Jocko
Tsars do get senate approval. A guy by the name Susstein has been waiting nine months for his senate approval which looks like it won’t happen because he doesn’t like hunting. Dawn Johnsen has been held up for the same time due to her objections to Bush’s torture policy.
The sad part about Taitz is I think she has a mental problem that the republicans are using to their advantage.
Bush had eight years to sort health care out, the RNC off and on since 94 and keep saying “there is nothing wrong with health care in America” (they must of been speaking of THEIR health care). That was the same administration that had an economic summit at Bush’s ranch where an advisor stood up and said “this is a great economy I don’t know why everyone is complaining” (I’ve paraphrased that one). That meeting was a few months before the implosion on wall street.
Have a nice day.
To this point she has not been successful because she does not have any proof, documentation supporting her claims except her wild rants. You are backing the wrong horse on this one. Get someone with real credentials (Harvard, Yale Law School) not a Russian immigrant with dual US/ Israel citizenship (where are her allegiances?). Have you even though of who is paying for all her travel, or are you telling me she independently wealthy? Sorry she has no juice because she does not have any proof, documentation supporting her claims except her wild rants.
I must admit I do find it amusing that Obama continues to refuse to present an official notarized copy of his birth certificate, as I know he has such a copy, and/or why the state of Hawaii refuses to display the original version.
He has, and how do you know he has a copy of his original long form certificate? I don’t have one. My original is either lost in my mother’s house or lost forever, so the only one of mine I or anyone else will ever be able to lay eyes on is the computerized and printed short form the government requires for anything I might need one for.
I find it amusing that this president should have to display any sort of birth certificate just because there is a small minority of crazy people demanding it. Such a thing hasn’t been asked of any other elected official of any rank ever before. So, why now?
Not all Czars get Senate approval, in fact, these Czars are nothing more than personal advisors to the POTUS. They don’t statutory authority to run say the Dept of Labor, Heath, etc., Congress has no oversight over them, they are not funded, they are not completely vetted,they report direct to the POTUS. These Czars are more like high price snitches who have a direct pipeline to the POTUS. So in that vein they may have even more power then the cabinet heads. Cass Susstein, wasn’t he one of Obama’s law professors, and wasn’t it Susstein who believes your pet can sue their owner, and would like to see a band hunting, and some other silly notions?
As far as Health Care Insurance, I for one don’t want to pay for another government program for people who can afford to buy their own insurance, but decide not to. I don’t think we should be paying for illegal immigrants. I do think there should be insurance tort reform, that would significantly reduce the cost of health care, and you should be able to purchase health care insurance across state lines, just like you can be car and life insurance. Although a lot is made about Europe’s government funded health care, what isn’t talked about is the vast majority of the health insurance in a number of European countries is provided through the private sector. If the US was to follow any of Europe’ health insurance, they would be wise to look at Switzerland. Everyone has it, you pay for it, and the insurance companies are strictly enforced.
Orb, just so you know the “official” original birth, certificate, yours, mine, Obama’s, is recorded with your county or state, office of vital statistics. What you get from the hospital is not considered an original or official. Texas may be different.
And why shouldn’t he? What is the big deal? Actually, it would do him some good, it would remove any doubt, and it may slow down his falling poll numbers. Americans don’t like what they are seeing, they don’t like the Liberal news media, and they don’t like weak presidents, and Obama is weak. Yesterday he just made the Russians and the Iranians very happy. Obama is, and has been since his high school days, a one world lets all get along type of person. The problem to this idealism is and has always been, the world is not that way. For anyone to follow such an approach will assure them they’ll get it handed to them at every opportunity.
Jocko
So did the Senate get to vett the energy companies that Bush and Cheney met with in the Vice Presidents quarters? Hmmm, they didn’t have much influence on that team unless you find it suspicious like I did that a few months before Bush left office there was an oil crisis and Fox news was able to chain whip the U.S. into a panic to get leases for most of the U.S. to the big oil companies. The oil companies are using all the leases they have, but still now was the chance to steal. The sad part is the people that pushed for it (ordinary citizens) think the Bush admin was good about collecting money from the leases that do exist (not) or that the oil was pulled out of the ground (which takes about 8 years so no early return on that) is going into American cars. It will be sold to the highest bidder, my guess that would be China.
Limiting tort claims would not be good capitalism. Also the AMA needs to get better with policing their own which to my knowledge is severely lacking. They are still allowing bad Doctors to keep on being bad Doctors. As far as death panels a friends father that worked for 40 years and caught leukemia and was told he “used his lifetime of benefits” have a nice day. Before he could fight that he died.
I do agree with you that illegal aliens are a big problem, and where does anyone get the idea they have rights? Other countries take a harsh view of illegals and we don’t.
As to the unemployment problem, remember that President Bush sent Colin Powell to India to re-assure them his administration would do nothing to stop jobs from going there. Might ask yourself what is India doing with that money? Buying nuclear subs from Russia.
I also don’t understand why Republicans act like they hate Socialism? They think nothing of sending jobs to China and Vietnam and the last thing I knew those were both Socialist/Communist.
Have a nice day.
whoops, made a boo-boo. The oil companies aren’t using all the leases they currently have, let alone the ones they received in the last months of President Bush’s term.
Sorry
Tibertus,
This is the way I see it. Bush is no longer in office, and Obama said he was going to change the way things were done, yet he continues to extend and build on Bush’s mistakes.