BS: A birther in the Court

Subject: BS: A crazy birther in the Court
From: Stringsinger
Date: 19 Sep 09 - 03:45 PM

This shows you how nuts the whole birther thing has gotten.
A fascinating read. Justice does work.




IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CONNIE RHODES,
Plaintiff,
vs.
THOMAS D. MACDONALD, Colonel,
Garrison Commander, Fort
Benning; et al.,
Defendants.
*
*
*
*
*
*
CASE NO. 4:09-CV-106 (CDL)
O R D E R
Plaintiff, a Captain in the United States Army, seeks a
temporary restraining order to prevent the Army from deploying her to
Iraq in support of Operation Iraqi Freedom. Plaintiff alleges that
her deployment orders are unconstitutional and unenforceable because
President Barack Obama is not constitutionally eligible to act as
Commander in Chief of the United States armed forces. After
conducting a hearing on Plaintiff's motion, the Court finds that
Plaintiff's claims are frivolous. Accordingly, her application for
a temporary restraining order (Doc. 3) is denied, and her Complaint
is dismissed in its entirety. Furthermore, Plaintiff's 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).
BACKGROUND
Plaintiff's counsel is a self-proclaimed leader in what has
become known as "the birther movement." She maintains that President
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 1 of 14
Article II, Section 1, Clause 4 of the United States Constitution
1
provides in relevant part that "No Person except a natural born Citizen
. . . shall be eligible to the Office of President."
This Court dismissed an earlier action filed by Plaintiff's counsel
2
on behalf of a military reservist based upon that plaintiff's lack of
standing. See Cook v. Good, No. 4:09-CV-82 (CDL), 2009 WL 2163535 (M.D.
Ga. Jul. 16, 2009).
2
Barack Obama was not born in the United States, and, therefore, he is
not eligible to be President of the United States. See Dr. Orly
1
Taitz, Esquire, http://www.orlytaitzesq.com (last visited Sept. 15,
2009). Counsel has filed numerous lawsuits in various parts of the
country seeking a judicial determination as to the President's
legitimacy to hold the office of President. The present action is
the second such action filed in this Court in which counsel pursues
her "birther claim." Her modus operandi is to use military officers
as parties and have them allege that they should not be required to
follow deployment orders because President Obama is not
constitutionally qualified to be President. Although counsel has
managed to fuel this "birther movement" with her litigation and press
conferences, she does not appear to have prevailed on a single claim.2
In fact, Plaintiff previously filed the present action in the United
States District Court for the Western District of Texas. That Court
summarily dismissed her complaint upon finding that Plaintiff "has no
substantial likelihood of success on the merits." Rhodes v. Gates,
5:09-CV-00703-XR, Order Den. Mot. for TRO 3 (W.D. Tex. Aug. 28,
2009). Counsel then re-filed the same action in this Court.
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 2 of 14
The Court observes that the President defeated seven opponents in
3
a grueling campaign for his party's nomination that lasted more than
eighteen months and cost those opponents well over $300 million. See
Federal Election Commission, Presidential Pre-Nomination Campaign
Disbursements Dec. 31, 2008, http://www.fec.gov/press/press2009/
20090608Pres/3_2008PresPrimaryCmpgnDis.pdf (last visited Sept. 15, 2009).
Then the President faced a formidable opponent in the general election who
received $84 million to conduct his general election campaign against the
President. Press Release, Federal Election Commission, 2008 Presidential
Campaign Financial Activity Summarized (June 8, 2009), available at
http://www.fec.gov/press/press2009/20090608PresStat.shtml. 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.
Furthermore, Congress is apparently satisfied that the President is
qualified to serve. Congress has not instituted impeachment proceedings,
and in fact, the House of Representatives in a broad bipartisan manner has
rejected the suggestion that the President is not eligible for office.
See H.R. Res. 593, 111th Cong. (2009) (commemorating, by vote of 378-0,
the 50th anniversary of Hawaii's statehood and stating, "the 44th
President of the United States, Barack Obama, was born in Hawaii on August
4, 1961").
3
Plaintiff's counsel speculates that President Obama was not born
in the United States based upon the President's alleged refusal to
disclose publicly an "official birth certificate" that is
satisfactory to Plaintiff's counsel and her followers. She therefore
seeks to have the judiciary compel the President to produce
"satisfactory" proof that he was born in the United States. Counsel
makes these allegations although a "short-form" birth certificate has
been made publicly available which indicates that the President was
born in Honolulu, Hawaii on August 4, 1961.3
To press her "birther agenda," Plaintiff's counsel has filed the
present action on behalf of Captain Rhodes. Captain Rhodes entered
the Army in March of 2005 and presently serves as a medical doctor.
The American taxpayers paid for her third and fourth years of medical
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 3 of 14
4
school and financially supported her during her subsequent medical
internship and residency program. In exchange for this valuable free
medical education, Captain Rhodes agreed to serve two years in active
service in the Army. She began that term of active service in July
of 2008 and had no concerns about fulfilling her military obligation
until she received orders notifying her that she would be deployed to
Iraq in September of 2009.
Captain Rhodes does not seek a discharge from the Army; nor does
she wish to be relieved entirely from her two year active service
obligation. She has not previously made any official complaints
regarding any orders or assignments that she has received, including
orders that have been issued since President Obama became Commander
in Chief. But she does not want to go to Iraq (or to any other
destination where she may be in harm's way, for that matter). Her
"conscientious objections" to serving under the current Commander in
Chief apparently can be accommodated as long as she is permitted to
remain on American soil.
Captain Rhodes is presently stationed at Ft. Benning, Georgia
awaiting deployment to Iraq. This deployment is imminent and will
likely occur absent an order from this Court granting Plaintiff's
motion for a temporary restraining order.
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 4 of 14
5
DISCUSSION
I. Jurisdiction and Abstention
Plaintiff seeks to have this Court declare a deployment order
issued by the United States Army void and unenforceable. It is well
settled that judicial interference in internal military affairs is
disfavored. As the Supreme Court has explained:
[J]udges are not given the task of running the Army. The
responsibility for setting up channels through which such
grievances can be considered and fairly settled rests upon
the Congress and upon the President of the United States
and his subordinates. The military constitutes a
specialized community governed by a separate discipline
from that of the civilian. Orderly government requires that
the judiciary be as scrupulous not to interfere with
legitimate Army matters as the Army must be scrupulous not
to intervene in judicial matters.
Orloff v. Willoughby, 345 U.S. 83, 93-94 (1953), quoted with approval
in Winck v. England, 327 F.3d 1296, 1302-03 (11th Cir. 2003). The
limitation on the judiciary's involvement in military affairs does
not mean that such interference is never appropriate. However, "'a
court should not review internal military affairs in the absence of
(a) an allegation of the deprivation of a constitutional right, or an
allegation that the military has acted in violation of applicable
statutes or its own regulations, and (b) exhaustion of available
intraservice corrective measures.'" Winck, 327 F.3d at 1303 (quoting
Mindes v. Seaman, 453 F.2d 197, 201 (5th Cir. 1971)). Moreover, mere
allegations of a constitutional violation unsupported by a reasonable
factual foundation are insufficient to warrant judicial review. To
hold otherwise would be to create chaos within the military decision-
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 5 of 14
6
making process and chain of command. As explained below, the Court
must balance several factors to determine whether judicial review of
a military decision is authorized.
Typically, the first issue to be resolved in cases seeking
judicial review of a military decision is whether the soldier has
exhausted all intraservice administrative remedies. See Winck, 327
F.3d at 1304. In the present case, Defendants do not contend that
Plaintiff was required to exhaust her intraservice administrative
remedies, presumably because no procedure is in place for a soldier
to contest the qualifications of the Commander in Chief. Defendants
do argue, however, that the dispute presented by Plaintiff's
complaint is not justiciable in the courts.
Even if a soldier has exhausted her intraservice administrative
remedies, the Court must decline to review the military decision if
the review would constitute an inappropriate intrusion into military
matters. Id. at 1303 & n.4 (citing Mindes, 453 F.2d at 201). It has
long been the law in this Circuit that in determining whether
judicial review of a military decision should be undertaken, the
reviewing court
'must examine the substance of that allegation in light of
the policy reasons behind nonreview of military matters,'
balancing four factors: (1) 'The nature and strength of the
plaintiff's challenge to the military determination'; (2)
'The potential injury to the plaintiff if review is
refused'; (3) 'The type and degree of anticipated
interference with the military function'; and (4) 'The
extent to which the exercise of military expertise or
discretion is involved.'
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It is not always clear whether the analysis of the appropriateness
4
of judicial review of military decisions involves subject matter
jurisdiction or abstention principles based on comity and respect for the
unique military decision-making process. The Court finds that the proper
analysis in this case requires an evaluation of the deployment order using
principles of abstention. See Winck, 327 F.3d at 1299-1300
(distinguishing subject matter jurisdiction from abstention principles).
7
Winck, 327 F.3d at 1303 n.4 (quoting Mindes, 453 F.2d at 201).
Although certain aspects of the Mindes decision have been eroded
through the years, the Eleventh Circuit has relatively recently
reaffirmed the "unflagging strength of the principles of comity and
judicial noninterference with, and respect for, military operations
that informed" the analysis in Mindes. Winck, 327 F.3d at 1304.
4
Using the Mindes factors as an analytical framework, the Court
finds that it is not authorized to interfere with Plaintiff's
deployment orders. First, 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." (Compl. ¶ 21.)
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." (Id. ¶ 26.) Then, implying that the President is either a
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8
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." (Id. ¶
110 (emphasis added).) Acknowledging the existence of a document
that shows the President was born in Hawaii, Plaintiff alleges that
the document "cannot be verified as genuine, and should be presumed
fraudulent." (Id. ¶ 113 (emphasis added).) 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." (Id. ¶ 128.) 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." (Id. ¶ 154.)
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. (Id. ¶¶ 136-138, 148.) 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
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 8 of 14
9
our Country was founded in order to purportedly "protect and
preserve" those very principles.
Although the Court has determined that the appropriate analysis
here involves principles of abstention and not an examination of
whether Plaintiff's complaint fails to state a claim under Federal
Rule of Civil Procedure 12(b)(6), the Court does find the Rule
12(b)(6) analysis helpful in confirming the Court's conclusion that
Plaintiff's claim has no merit. To state a claim upon which relief
may be granted, Plaintiff must allege sufficient facts to state a
claim to relief that is "plausible on its face." Ashcroft v. Iqbal,
129 S.Ct. 1937, 1949 (2009) (internal quotation marks omitted). For
a complaint to be facially plausible, the Court must be able "to draw
the reasonable inference that the defendant is liable for the
misconduct alleged" based upon a review of the factual content pled
by the Plaintiff. Id. 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. 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. The weakness of Plaintiff's claim certainly weighs heavily
against judicial review of the deployment order, and in fact, would
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One piece of "evidence" Plaintiff's counsel relies upon deserves
5
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. (Smith Decl. ¶ 7,
Sept. 3, 2009.) 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. See Fed. R. Evid. 901.
10
authorize dismissal of Plaintiff's complaint for failure to state a
claim.5
Examining the second Mindes factor, the Court further finds that
the risk of potential irreparable injury to Plaintiff as a result of
the Court's refusal to review the deployment order is minimal.
Plaintiff has not sought to be excused from all military service.
She does not seek a discharge from the Army.   She does not even seek
to avoid taking military orders under President Obama's watch. She
simply seeks to avoid being deployed to Iraq.   As observed by the
Eleventh Circuit, one "cannot say that military deployment, in and of
itself, necessarily entails [irreparable harm], even if to volatile
regions." Winck, 327 F.3d at 1305 n.9. "Holding otherwise could
unduly hamper urgent military operations during times of crisis."
Id. Thus, the lack of potential irreparable harm to Plaintiff weighs
against judicial review.
Finally, the "type and degree of anticipated interference with
the military function" that judicial review would cause is
significantly burdensome. Any interference with a deployment order
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 10 of 14
11
injects the Court directly into the internal affairs of the military.
This type of interference has serious implications. For example, it
would encourage other soldiers who are not satisfied with their
deployment destination to seek review in the courts. It also will
have an adverse effect on other soldiers who honorably perform their
duties. 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. "It is not difficult to see that the
exercise of such jurisdiction as is here urged would be a disruptive
force as to affairs peculiarly within the jurisdiction of the
military authorities." Orloff, 345 U.S. at 94-95.
Based on an evaluation of all of these factors, the Court
concludes that it must abstain from interfering with the Army's
deployment orders. Accordingly, Plaintiff's motion for a temporary
restraining order is denied, and her complaint is dismissed in its
entirety.
II. Failure to Satisfy Elements for Temporary Restraining Order
Even if the Court did not abstain from deciding the merits of
Plaintiff's claim, the Court finds that Plaintiff has failed to
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12
establish her entitlement to a temporary restraining order.
Plaintiff must establish the following to obtain a temporary
restraining order:
(1) [Plaintiff] has a substantial likelihood of success on
the merits;
(2) irreparable injury will be suffered unless the
injunction issues;
(3) the threatened injury to [Plaintiff] outweighs whatever
damage the proposed injunction may cause the opposing
party; and
(4) if issued, the injunction would not be adverse to the
public interest.
Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1231 (11th Cir.
2005).
As explained previously, 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. Moreover, she cites no legal authority
supporting her bold contention that the alleged "cloud" over the
President's birthplace amounts to a violation of her individual
constitutional rights. Thus, for these reasons alone, she is not
entitled to a temporary restraining order.
Second, as previously noted, the Court's refusal to interfere
with Plaintiff's deployment orders does not pose a substantial threat
of irreparable injury to her. Plaintiff does not seek to be
discharged and apparently is willing to follow all orders from her
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 12 of 14
13
military command except for any order that deploys her to Iraq.
Although close proximity to any combat zone certainly involves
personal danger, Plaintiff, somewhat disingenuously, claims that fear
is not her motivation for avoiding her military duty. She insists
that she would have no qualms about fulfilling her duties if
President George W. Bush was still in office. The Court cannot find
from the present record that deployment to Iraq under the current
administration will subject Plaintiff to any threat of harm that is
different than the harm to which she would be exposed if another
candidate had won the election. A substantial threat of irreparable
harm related to her desire not to serve in Iraq under the current
President simply does not exist.
Third, any potential threatened injury that may be caused to
Plaintiff by the denial of the temporary restraining order certainly
does not outweigh the harm that will result if the injunction is
granted. As mentioned previously, the threatened injury to Plaintiff
is not substantial; yet if the temporary restraining order was
granted, the harmful interference with military operations would be
significant.
Finally, Plaintiff has failed to establish that the granting of
the temporary restraining order will not be adverse to the public
interest. 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
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 13 of 14
14
lacking in factual support that it is frivolous would undoubtedly
disserve the public interest.
For all of these reasons, the Court finds that Plaintiff's
motion for a temporary restraining order should be denied.
CONCLUSION
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).
IT IS SO ORDERED, this 16th day of September, 2009.
S/Clay D. Land            
CLAY D. LAND         
UNITED STATES DISTRICT JUDGE
Case 4:09-cv-00106-CDL    Document 13      Filed 09/16/2009    Page 14 of 14

Subject: RE: BS: A crazy birther in the Court
From: Azizi
Date: 19 Sep 09 - 04:20 PM

Orly Taitz's Client Files A Complaint Against Her
By David Weigel 9/19/09 10:23 AM

"Bad news for Orly Taitz, the indefatigable birther attorney. On September 17, she filed a motion of consideration on behalf of her client Capt. Connie Rhodes, asking for her deployment to be delayed. It was, typically for Taitz, overheated and incoherent: "[T]his court ignores some of the soundest and most carefully researched and professionally assembled and presented evidence, collated and substantiated by a former agent of England's Fabled 'Scotland Yard.'"

Taitz's motion was dismissed in an exasperated decision by Judge Clay Land that should definitely be read in full–I've provided an excerpt after the jump...

But the twist today comes from Capt. Rhodes herself. She has sent a letter to Judge Clay Land, blasting Taitz for filing the motion to stay her deployment without even asking her.

I do not wish for Ms. Taitz to file any future motions or represent me in any way in this court. It is my plan to file a complaint with the California State Bar due to her reprehensible and unprofessional actions"...

http://washingtonindependent.com/60122/orly-taitzs-client-files-a-complaint-against-her

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 19 Sep 09 - 04:22 PM

snopes.com covers another court case relating to the birthers.
Federal judge dismisses a complaint by attorney Philip Berg, who claimed Obama was born in Kenya.

Link to the Obama birth certificate page on snopes:
http://www.snopes.com/politics/obama/birthcertificate.asp

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 19 Sep 09 - 04:30 PM

And here is yet another one:Dismiss Memorandum

retired Air Force Colonel worried he may be called for duty and is uncertain that the commander in chief was born in the US.

Memorandum from the US District Court linked says "This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do."

Subject: RE: BS: A crazy birther in the Court
From: Azizi
Date: 19 Sep 09 - 04:37 PM

Here's an excerpt fromhttp://en.wikipedia.org/wiki/Orly_Taitz

..."In his opinion, Judge Land opined on Ms. Taitz: "Her modus operandi is to use military officers as parties and have them allege that they should not be required to follow deployment orders because President Obama is not constitutionally qualified to be President". The judge cited evidence the plaintiff submitted, including an online AOL poll, that the plaintiff believed was evidence that President Obama was not a citizen, and therefore she should not have to deploy to Iraq

Judge Land expressed astonishment at Ms. Taitz' apparent misunderstanding of American judicial fundamentals: "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...

Following a petition for rehearing of his original dismissal order, Judge Land sanctioned Taitz for frivolous litigation and ordered her to show cause why she should not be fined $10,000 for abuse of judicial process."

Subject: RE: BS: A crazy birther in the Court
From: Sandra in Sydney
Date: 20 Sep 09 - 12:52 AM

Memorandum from the US District Court linked says "This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do."

'One Million lawyers' by Tom Paxton

Subject: RE: BS: A crazy birther in the Court
From: kendall
Date: 20 Sep 09 - 07:02 AM

Crazy Birther is redundant.

I wonder if they would have raised hell if McWar had been elected? He was born in Panama.

Subject: RE: BS: A crazy birther in the Court
From: John MacKenzie
Date: 20 Sep 09 - 07:37 AM

BIRTHER !!!!
Is there no noun that can't be turned into a verb, or adjective that can't be buggered about either?
FFS, if people were taught a full and proper vocabulary at school, perhaps they wouldn't need to invent these abysmal mongrel words.
I heard some asshole the other week talking about summiting a mountain.
I despair, really I do.

JM

Subject: RE: BS: A crazy birther in the Court
From: MGM·Lion
Date: 20 Sep 09 - 09:14 AM

On the contrary, the flexibility of words as parts of speech is one of the glories of English: look at the Shaxperean formulations, "Grace me no Grace & Uncle me no Uncle"; "He out-Herods Herod"...

BTW my mother's name happened to be Bertha — no relation! She wasn't crazy - or anyhow, not much...

Subject: RE: BS: A crazy birther in the Court
From: Stringsinger
Date: 20 Sep 09 - 09:58 AM

It may be redundant but it describes what needs to be described. There are many
"birthers" out there who think they are sane.

Frank

Subject: RE: BS: A crazy birther in the Court
From: Rapparee
Date: 20 Sep 09 - 10:24 AM

Only because they only talk amongst themselves.

Subject: RE: BS: A crazy birther in the Court
From: Azizi
Date: 20 Sep 09 - 12:44 PM

Here's a blog post from Orly Taitz to her supporters:

"Notice. Important

September 20th, 2009

I am submitting tomorrow to judge Carter a response to defendant's motion. I will be busy today and tomorrow and will not have much time for blogging. Thank you for understanding.

I will respond to Judge Land's outrageous attack and threat of sanctions. This is very similar to what I have seen in the communist dictatorship in the Soviet Union. When judges refuse to hear the cases on the merits, when they summarily dismiss the case within a couple of days while they are supposed to give the counsel 20 days to respond by their own rules, when they take away from the plaintiffs their right to trial by jury, when they stifle free speech and take away right to counsel by threatening $10,000 sanctions if the attorney ever brings Obama illegitimacy case again, that is tyranny. That is judiciary as well as the top brass in the Department of Justice and Department of Defense colluding in perpetrating massive fraud and treason on the citizens of this country and taking away their constitutional rights. What is next? They will throw me in FEMA GULAG? I hope each and every citizen of this country rises against this tyranny. I will be seeking all means of redress available to me by law. I will be seeking Rule 11 discovery to prove that Obama is indeed illegitimate, my case was not frivolous and not only I don't owe $10,000 in sanctions, but the defendants owe costs and my reasonable attorneys fees. These fees just went up significantly."

http://www.orlytaitzesq.com/

**

Ms. Taiz is asking for monetary support from her supporters. It seems to me that's like throwing money away.

Subject: RE: BS: A crazy birther in the Court
From: John MacKenzie
Date: 20 Sep 09 - 12:46 PM

Hey folks if you got money to waste on nuts, I could do with a few bucks ya know

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 12:47 PM

ah, the secret FEMA Gulag.

"Paranoia runs deep. Into your mind it will creep."

Can they give jail time to people who keep filing frivolous lawsuits?

Subject: RE: BS: A crazy birther in the Court
From: Nigel Parsons
Date: 20 Sep 09 - 01:25 PM

Just a thought "Article II, Section 1, Clause 4 of the United States Constitution
1
provides in relevant part that "No Person except a natural born Citizen
. . . shall be eligible to the Office of President." "

Thinking of Shakespeare's McDuff, is any person born by Caesarean section disbarred from holding the 'highest office'?

Subject: RE: BS: A crazy birther in the Court
From: Riginslinger
Date: 20 Sep 09 - 01:30 PM

It doen's work for McCain. He father was a senior naval officer and the proper forms were filled out to proclaim his citizenship at the time of his birth.


             I don't have any doubt as to Obama's citizenship, but still find it puzzling why Obama doesn't disclose everything about his birth. Maybe he thinks it's politically helpful to have the right-wing-nuts out there screaming he's not a citizen, or maybe there's something else he doesn't want the public to know.

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 01:38 PM

"doesn't disclose everything about his birth"

That statement is ridiculous!
How many times has the image of the birth certificate been linked to, just on Mudcat threads alone? How many times have the statements affirming its authenticity been made by the authorities at many levels in Hawaii?
You just choose to IGNORE the evidence!!

Subject: RE: BS: A crazy birther in the Court
From: robomatic
Date: 20 Sep 09 - 02:23 PM

Obama wrote a book including the move to Indonesia. I don't think he can be more revelatory and he certainly can be no more believe than he already is.

As usual, President Abraham Lincoln said it best:

'If the end brings me out all right,
what is said against me won't amount to anything.
If the end brings me out wrong,
10 angels swearing I was right would make no difference.'

Obama has brought out the crazies more than any President I've lived through except maybe Kennedy. Hopefully it will result in a purge of societal poisons. My fingers are crossed.

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 02:59 PM

From factcheck.org extensive evidence regarding the original Obama birth certificate:

"Recently FactCheck representatives got a chance to spend some time with the birth certificate, and we can attest to the fact that it is real and three-dimensional and resides at the Obama headquarters in Chicago. We can assure readers that the certificate does bear a raised seal, and that it's stamped on the back by Hawaii state registrar Alvin T. Onaka (who uses a signature stamp rather than signing individual birth certificates). We even brought home a few photographs."

My birth certificate does not show blood type. I don't know of any state that includes blood type on a birth certificate, but some may. What's the big deal about blood type, anyway? There are only 4 types, O, A, B, and AB. There is no point in making an issue about someone's blood type. Unless, of course, you are crazy and believe in conspiracy theories.

Subject: RE: BS: A crazy birther in the Court
From: Riginslinger
Date: 20 Sep 09 - 03:08 PM

'"doesn't disclose everything about his birth"... That statement is ridiculous!'

               Well, I don't know. They were talking about it on "On Point," on NPR last Thursday, and everybody on the show was in agreement that Obama had not disclosed his long-form birth certificate. How could they all be so misinformed?

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 04:13 PM

Again, your statement "everybody on the show" is not true.
Just go to to the NPR web site for "On Point", linked below.

The program was showing how crazy Orly Taitz is, the woman who the courts have shown is trying to fabricate birth certificates, like the one supposedly from Kenya (she held up one when I saw her on tv that she claimed was Kenyan, but it was actually a photoshopped fake).
On Point, NPR, Fury of the birthers

Maybe you only heard a few words from the show, not the entire On Point show, but Orly Taitz is a nut case and that's what On Point demonstrated.

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 04:18 PM

"false report that his birth certificate has some how been concealed"
quote from On Point

Subject: RE: BS: A crazy birther in the Court
From: artbrooks
Date: 20 Sep 09 - 04:33 PM

Some places issue a birth certificate such as the one Pres. Obama has and has released. Call it "short form" if you want, but it is what the state of Hawaii issues. Some places issue a birth certificate with more information. Call it "long form" if you want, but the state of Hawaii doesn't issue them. My "official" birth certificate (from the state of Virginia) is a little plastic card with raised lettering.

Subject: RE: BS: A crazy birther in the Court
From: Riginslinger
Date: 20 Sep 09 - 05:52 PM

"Maybe you only heard a few words from the show, not the entire On Point show, but Orly Taitz is a nut case and that's what On Point demonstrated."

            Actually, I heard a different show. The show you cite was aired on July 27th. The one I heard was aired last week and it had Kathleen Parker on it.
            On the show I heard, nobody was trying to make the case that Obama was born somewhere else, but they were mostly surprised that he wouldn't produce the long form of his birth certificate. They all seemed convinced that such a thing would be available.

            In Oregon, they issue the little cards as mentioned above, but long form birth certificates can be obtained if the citizen requests it.

Subject: RE: BS: A crazy birther in the Court
From: artbrooks
Date: 20 Sep 09 - 06:11 PM

This from FactCheck.org:

The long form is drawn up by the hospital and includes additional information such as birth weight and parents' hometowns. The short form is printed by the state and draws from a database with fewer details. The Hawaii Department of Health's birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department.

To me, but then I'm not a birther, that says that the "short form" is the official document.

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 07:44 PM

So... every president for some reason has to make public a long form of hospital information about their birth??

Again, I say RIDICULOUS!!!!!!

Subject: RE: BS: A crazy birther in the Court
From: Janie
Date: 20 Sep 09 - 08:05 PM

What a crackpot this attorney is!

Subject: RE: BS: A crazy birther in the Court
From: Ref
Date: 20 Sep 09 - 08:23 PM

She's a graduate of an unaccredited law school in California and can practice only on California Courts. I'm not sure why the Feds are letting her appear at all. At any rate, she's about to find out how little sense of humor Federal judges and the U.S. Marshal Service have.

Subject: RE: BS: A crazy birther in the Court
From: Riginslinger
Date: 20 Sep 09 - 09:26 PM

What attorney are we talking about?


                Art - I don't question the president's credentials, but if he wanted to shut up the birthers he could do it by presenting the long-form birth certificate. It's certainly up to him.

Subject: RE: BS: A crazy birther in the Court
From: Janie
Date: 20 Sep 09 - 09:32 PM

I doubt seriously that providing the long-firm birth certificate would shut them up. This is a some what extreme case of people believing what they want to believe. Any evidence that contradicts the belief is likely to be discounted.

Subject: RE: BS: A crazy birther in the Court
From: frogprince
Date: 20 Sep 09 - 09:52 PM

If'n them people coud git a short birth certificut faked up, and if'n they coud git somebody in a hospitul in Howaii to send notuces to the newspapers too back it up, then they could fake up a "long form" birth certificut enyhow. Wake up Amerikkka, you kno damn well he's a forun borned Muslin!

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 09:54 PM

"Muslin" LOL
amazing how many tea party signs I've seen with "Muslin".
Would that be bleached or unbleached muslin?

Subject: RE: BS: A crazy birther in the Court
From: Riginslinger
Date: 20 Sep 09 - 10:11 PM

Unbleached!

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 20 Sep 09 - 11:12 PM

This is pretty humorous. I suppose it is also traveling around in emails. If I was Obama, I'd save my ten dollars, too.

Why the birthers will never go away.

Subject: RE: BS: A crazy birther in the Court
From: artbrooks
Date: 20 Sep 09 - 11:36 PM

Surely half-bleached.

Subject: RE: BS: A crazy birther in the Court
From: Amergin
Date: 21 Sep 09 - 12:26 AM

This is just as insane as the so called "Truthers" on the other side of the spectrum....no matter how much proof they are given, they will come up with an excuse to absolutely deny the facts, because they are getting something out of grandstanding for their questionable cause.

btw should check this out...rather funny.

Daily Show-Born Identity

Subject: RE: BS: A crazy birther in the Court
From: kendall
Date: 21 Sep 09 - 06:04 AM

I don't know how it is in Hawaii but here is like this.
I have my original birth certificate. It's tattered and yellowed with age, but then, so am I.

The problem, as I see it, is, that there are many people in the "Stupid belt" who will not accept the FACT that we elected a man of mixed race, and they are going to live their lies until the last dog is hung. Bugger the lot I say!

Subject: RE: BS: A crazy birther in the Court
From: Donuel
Date: 21 Sep 09 - 10:29 AM

Never mind this nonsense.

Where is Barak's mother's marriage lincense?????


When did Barak get his first passport?

where is it?

Where is his vaccination records?

Where is his 7th grade report card.

WHere are his keys?

Where are my socks?

Subject: RE: BS: A crazy birther in the Court
From: Alice
Date: 21 Sep 09 - 10:58 AM

And while we're at it, are his eyes really brown, or is he wearing contacts?
Where's his Harvard diploma?
And what does it REALLY signify that he is left handed?

Subject: RE: BS: A crazy birther in the Court
From: Donuel
Date: 21 Sep 09 - 04:05 PM

boxers or commando?

Subject: RE: BS: A crazy birther in the Court
From: kendall
Date: 21 Sep 09 - 04:12 PM

Can he prove that he is a homo sapian?

Subject: RE: BS: A crazy birther in the Court
From: Donuel
Date: 21 Sep 09 - 04:32 PM

Glen Beck is going to perform the same test that they did in the movie Thing, they take some blood and try to touch an electric probe to it. If the blood defends itself by moving away - he is not human.
Glen Beck is calling for Barak Obama's blood.

Subject: RE: BS: A crazy birther in the Court
From: Jim Dixon
Date: 21 Sep 09 - 04:50 PM

Maybe we should demand that the government produce birth certificates for all the signers of the Declaration of Independence.

If they can't produce them, then maybe the US is still 13 colonies after all.

Subject: RE: BS: A crazy birther in the Court
From: artbrooks
Date: 21 Sep 09 - 05:38 PM

Nah - none of them were natural-born citizens.

Subject: RE: BS: A crazy birther in the Court
From: Uncle_DaveO
Date: 21 Sep 09 - 05:58 PM

What they were (or at least most of them) is natural-born subjects of His Majesty, George III!

Dave Oesterreich

Subject: RE: BS: A crazy birther in the Court
From: Jim Dixon
Date: 21 Sep 09 - 06:42 PM

They would HAVE to be subjects of George III (prior to signing) in order for the Declaration to be valid. What if they were French? If you don't have birth certificates, how do you KNOW?

Subject: RE: BS: A crazy birther in the Court
From: Stringsinger
Date: 21 Sep 09 - 07:49 PM

The fascinating thing is that in this court document we see that the legal system
comes around to the fact that legally the birther position has no leg on which to stand.
It's an interesting document in that it ferrets out the absurdity of the birther position
in a matter-of-fact lawyerly way.

If Obama actually responded to these crazies, he would be stepping into a mud puddle which he doesn't need to do. Nothing that is done or said by Obama or anyone else will change the minds of these racists.

We make a mistake in assuming that everyone listens to reasonable and factual presentations. The only available thing to do is to state the facts, not for the benefit of the intractable, but for those whose minds have not become addled by propaganda and prejudice.

Frank

Subject: RE: BS: A crazy birther in the Court
From: Mrrzy
Date: 22 Sep 09 - 01:32 PM

But the person who really wasn't born in the US is McCain!

Subject: RE: BS: A crazy birther in the Court
From: Riginslinger
Date: 22 Sep 09 - 04:09 PM

Yes, but the conversation has gone beyond where Obama was born. Now they're wondering what he's hiding.

Subject: RE: BS: A crazy birther in the Court
From: meself
Date: 22 Sep 09 - 04:30 PM

You mean, "what he could, possibly, be hiding" - which is a different thing. For instance, he could, possibly, be hiding that he is actually a prince of Krypton, given to an earthly couple to raise as their own.