Orly Taitz Smacked Down: Birther Lawsuit Dismissed

[brooklynite]

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: http://washingtonindependent.com/65703/orly-taitz-smacked-down-birther-lawsuit-dismissed

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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.

[tabatha]

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:"

http://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."

[Howardx]

2. trouble ahead

"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."

[tabatha]

6. So the Smith submission to the court was read.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6838453

[BootinUp]

17. That thread is hilarious, missed it when it was posted, dayum!

:rofl:

[SKKY]

3. Perhaps now she'll go back to doing root canals.

AND SHUT THE FUCK UP!!!!!!

[notadmblnd]

14. I'll bet she's as good at root canals as she is at lawyering.

[BootinUp]

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.

[MiniMe]

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.

[beac]

27. Let's hope it's jail time this time. Or involuntary commitment to a mental health facility. She is

clearly a danger to herself and others.

[The Magistrate]

5. Rum Fun, Sir, Will Break Out Any Minute Here....

http://www.orlytaitzesq.com/

[fascisthunter]

7. another weirdo with money (nt)

[Jim__]

8. I wonder if she'll give it up now. Hope so. - n/t

[gratuitous]

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!

[zbdent]

11. ah, but doesn't it now go to her best buds ...

the John Roberts controlled SCOTUS?

[gratuitous]

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.

[blondeatlast]

26. She'll have to find a SCOTUS admitted lawyer to take the case. She claims she is one,

but I sincerely doubt that she is.

Not just any ol' lawyer can sing with the Supremes.

[leftofcool]

12. Pass popcorn please

Freeper show coming soon to a democratic theater near you

[votingupstart]

13. unfortunately i fear this will not be the end of these idiots n/t

[Gold Metal Flake]

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.

[csziggy]

25. Hopefully the California Bar will give her a diversion

By yanking her license to practice law. Of course, that did not stop her from acting as an attorney in states where she had not been admitted to the bar, but it would cut down on her ability to do so.

[johnfunk]

18. Memory Holed? Not one word on this at FreiRepublik!

Intersting, unless I'm missing something...

[Jim Lane]

20. You've missed something... there are multiple threads about it

was flagged on their front page. It has more than 200 posts. The first reply says, "A few threads already on this." I haven't bothered to confirm that, but a later thread on it, one begun after your post.

In the later thread, I love the first reply: "If there’s anyone with moxie enough to bring such a case it is Orly. If there’s anyone with brains addled enough to screw up such a case it is also Orly." I must agree with this Freeper on both counts.

I've skimmed a few of the other posts. There's a fair amount of rehashing of the usual arguments, plus some comments that Judge Carter must have been bribed and/or threatened. There are even a few iconoclasts warning that the whole birther thing makes conservatives look foolish. Fortunately for us, those sensible posts generally draw a sharp backlash. :)

[RebelOne]

21. There is plenty on it from the nutcase fundies

at RaptureReady.com. A couple posters said that they think the judge or his family was threatened. And Oprah paid the judge off.

www.rr-bb.com/showthread.php?t=114536

[tanyev]

24. It's really easy to miss things over there with their crap search function.

[KharmaTrain]

19. Damn...Where's An "Activist Judge" When You Need One...

The fun with Oily is to see what her next stunt will be...and see how much she can piss this judge off. Another one fined her $20gs and her time is running out to pay up (or spend time in the grey bar hotel)...here's hoping this judge doubles down. :rofl:

[saltpoint]

22. Such a heavy cross to bear for poor Ms. Taitz, huffing and puffing up the

steep dark hill to Calvary.

[TexasObserver]

23. Oily Taint v. The Squirrel Turd: On The People's Court ...

DA-DUMP

Oily Taint or the squirrel turd - which is nuttier?

TODAY

ON

THE PEOPLE'S COURT

[Dogtown]

28. K&R n/t