US District Judge David O. Carter threw out a lawsuit questioning Barack Obama’s eligibility to hold the office based on his “natural born” citizenship status Thursday, saying the courtroom is not the proper arena to “challenge a president’s election.”
Judge Carter caused a sensation last month when he ordered early discovery in the case, leading prosecuting attorney Orly Taitz to conclude the public would finally get to see Obama’s real birth certificate.
“The writ of quo warranto must be brought within the District of Columbia because President Obama holds office within that district,” Judge Carter added.
Click here to view Judge Carter’s motion to dismiss.
Related posts:
Well, I hate to have to point it out, but I told you at the time that you were incorrect in reporting that Carter "ordered early discovery in the case." You didn't like hearing it at the time, but clearly I was telling the truth.
It's a shame that you chose to repeat the lie on your follow-up.
"BigGuy says:
Nope, that’s a lie being spread on some right-wing blogs. Judge Carter issued a scheduling order with boilerplate language encouraging discovery to begin unless reasons are shown not to, and the defense has filed a motion to delay it. Nothing will happen until the judge resolves the question. In the mean time, there is a motion to dismiss that will be heard on October 5.
September 15, 2009, 9:52 am"
Paul, different states have definitions of what a birth certificate is. a few years ago I needed to get a new copy of mine, and I was asked if I wanted the the "full size" 8 1/2 x 11, or if I wanted the wallet sized. Both are called my birth certificate, both are the legal thing. When filing for my passport, I supplied the wallet sized when, and it was accepted. My hospital form apparently doesn't exist anymore.
The only one who could cause a storm about Obama's origin was his opponent McCain during the elections and he didnt, so its too late. No Court will ever try to remove a Government & President, they are too scared. The only force powerl enough to remove a sitting Government is the ARMY…aka COUP DE ETAT. However, all in all considered, Obama is most probably born in the USA, else McCain & the Republicans who have access to his records in Hawwaii would have brought it up during the elections.
They should have concentrated on the SSS Registration and report that appears to be created in 2008 to appear as though it was from 1980 to deceive voters he was an American citizen. He did not have to register in 1980 if he was an Indonesian citizen on a student visa; that would have made him ineligible. That would be why he is hiding his school, health and passport records as well as full birth information.
We can point out illegal actions clearly, boldly and forcefully without anger, and threats. We can say what our options are: VOTE NOV 3 and always against anti-God, anti-freedom and anti-Constitution policies and those who refuse to press for clear ID from this president. We can tell them the people of God will not let the people against God's wisdom select our leaders any more. We win when we do things God's way, looking for repentance with words of kindness.
:
Twitter 135 char: Saying VOTE NOV 3 and Register to Vote anti-God’s ways out and those who reject ID for pres. Actions needed: http://www.divine-way.com.
Marie Devine
http://www.divine-way.com
God has solutions to world problems we created by ignoring His wisdom.
CARTER IN A NUTSHELL: Expanded Orly Taitz default judgment case against CANDIDATE Obama for fraud into a Presidential Removal case against PRESIDENT Obama (promising a trial), but then ruled the Court lacks said Presidential Removal authority, not only dismissing the Judge-expanded Presidential Removal case (reneging on the trial), but throwing out Orly's Candidate fraud case as well — all this on a red herring that Orly's case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09 and despite the Orly-alleged fraud was committed by Candidate Obama prior to becoming President and for which there is no Presidential immunity in any case. Thus Judge Carter set up and knocked down his own straw man, and misstated fact and law to bury Orly's actual case. Pretty nifty!!!
I’m not really surprised.
It’s irritating to realize that there are impediments everywhere to the citizenry being heard. Plus on top of that apparently countries and even US states have vaults and laws which make pursuit perhaps futile.
Hopefully a quo warranto will properly go forth in DC.
Quo Warranto will be USA vs Obama.
FYI Obama had to take the Oath of Office Twice.
First Oath flubbed http://www.youtube.com/watch?v=274_VdeckAU
Orly Taitz filed Keyes v Obama complaint 01
at 3:26pm PST (6:26 PM EST) Tuesday January 20, 2009
Senator Obama retook his oath of office
at 7:35pm EST on Wednesday January 21, 2009
Well I’d like to know where in the heck one would address such an issue of an illegal and CLEARLY unqualified person if not for the courts?
Another thing-if Obama breathed fire and poison flew forth from his mouth when he spoke-nothing would be done!
About that poison coming out of his mouth? Actually it does-just “certain” people refuse to see the seriousness of what this NON-American citizen is doing to our country.
why is it so difficult to produce a birth certificate? i had to do it for a passport. the president should have to provide his as well. no special favors. he’s illegitimate in my opinion and i still believe that orly does have point.
BigGuy, you do not know what you are talking about. If you check the Hawaii code, anyone, born anywhere in the world can get a Hawaii COLB. All a COLB says it that the person has asked to have his birth certificate on file in Hawaii. You can be born anywhere in the world have have a COLB issued. On top of that, forensic experts have proven that even that COLB, posted by the Stop the Smears web site (an Obama operation) during the campaign, is itself a forgery. Much like the letter Bush's commanding officer was supposed to have written the Dan Rather jumped on as the truth and got himself fired. Why don't you do a little research of your own before you just repeat what you hear???
Oh, TruthSeeker, I've done plenty of research, thank you. And you are wrong from top to bottom.
1) "Certifications of Live Birth… are official government records documenting an individual’s birth." — hawaii.gov/dhhl/applicants/appforms/applyhhl
2) “If you were born in Bali, for example,” Okubo explained, “you could get a certificate from the state of Hawaii saying you were born in Bali. You could not get a certificate saying you were born in Honolulu. The state has to verify a fact like that for it to appear on the certificate."
3) There are no "forensic experts" who have "proven that even that COLB … is itself a forgery." Surely you're not talking about the long-since discredited TechDude or "Polarik"? Please cite a credible source.
These ineligibility theories have been around for a long time, and your version of them is way out of date — they've all been solidly debunked. Sorry.
@wanda
1. Read the motion to dismiss (http://www.freerepublic.com/focus/f-news/2373971/posts)
2. Read the US Constitution
3. Realize that the Constitution is the Law of the Land
4. Only the US Congress can remove a sitting president
The White House got to the Judge!!! Another, would you expect for a scared Judge!!!
paul — no court has ordered him to produce a birth certificate. But the COLB he voluntarily posted is a birth certificate according to Hawaiian law (“Certificates of Live Birth (original birth certificate) and Certifications of Live Birth … are official government records documenting an individual’s birth.”– http://hawaii.gov/dhhl/applicants/appforms/applyhhl).
I understand that posting an image of a document online does not constitute legal proof; but, as long as no court has requested it, what do you want him to do — go door to door with a hard copy so everyone can see it?
First, Orly Taitz’s lawsuits keep getting tossed because they’re poorly argued, badly sourced, and do not make the deadlines imposed by statute. She’s a terrible, terrible lawyer, and both Judge Land and Judge Carter have pointed out that they’ve bent over backwards to accommodate her abysmal lack of knowledge.
Second, the only reason the President took the oath of office twice was because Chief Justice Roberts blew the wording.
Third, Obama was born in Hawaii. Not Kenya, not Mozambique, not Indonesia. HAWAII. He was not adopted by Lolo Soetoro, he did not renounce his citizenship, he traveled LEGALLY to Pakistan on a US passport because there was no travel ban in the early 1980s, and he has only one Social Security Number. Kindly remember this and stop wasting everyone’s time by blathering about illegal usurpers, okay? Your anti-Americanism is tiresome.
http://www.youtube.com/watch?v=fBnkp6mD_Vk
Can anyone stop this man and his imperialist ambitions?
Hmm, moderate my post, you afraid of the White House too???
Paul,
That you think he’s illegitimate (whatever that might mean) is certainly your right–as it is Orly’s. Her problem, like Philip Berg, is that she has no compelling evidence. She went forward with a Kenyan birth certificate already debunked as forgery, and she expected it to fly a second time around?
As I recall, even when Berg’s documents were produced as “proof” of Obama’s “non-citizenship,” when asked where he got the documents, Berg couldn’t say.
Can you spell c-r-e-d-i-b-i-l-i-t-y?
Another conspiracy theorist shot down….
Chip Berlet, a journalist who has studied the spread of conspiracy theories, notes “For some people, when their side loses an election, the only explanation that makes sense to them – that they can cope with – is that sinister, bad, evil people arranged some kind of fraud.”
If the shoe fits….
I can’t believe the idiocy of some of these posts. Why won’t Obama produce a birth certificate? He did. He produced his Certification of Live Birth in 2007 prior to running for office. Since 2000, the COLB is the ONLY legal form of birth identification in the state.
The Congress has granted the Secretary of State, and by implication the Department of State, the authority to issue Passports under US Code, Title 22, Chapter 4. The granting of authority to the Department of State to issue a Passport implies that the authority to prescribe the manner in which citizenship must be proved has also been granted.
When this authority has been granted to a federal Department or Agency, the rules that the Department or Agency will use are then promulgated as regulations. These regulations are maintained as part of the Code of Federal Regulations (CFR). The Department of State has issued regulations under CFR22.51.42 that state the following requirements for a citizen to prove birth in the United States:
(a) Primary evidence of birth in the United States. A person born in the United States generally must submit a birth certificate. The birth certificate must show the full name of the applicant, the applicant’s place and date of birth, the full name of the parent(s), and must be signed by the official custodian of birth records, bear the seal of the issuing office, and show a filing date within one year of the date of birth.
The State of Hawaii has issued a Birth Certificate that meets all of the requirements of CFR 22.51.42. That Birth Certificate is certified by the State of Hawaii, and is considered proven by the Laws of the United States. It will be up to anyone who challenges its authenticity to prove, by a preponderance of the evidence, that the Birth Certificate is actually invalid. The Certification of Live Birth provided by Obama is LEGAL under Federal law for passports, drivers licenses, running for office, etc.
There is a very high standard of proof that must be met in order to override the Constitutional ‘Full Faith and Credit’ standard granted to the State of Hawaii in this matter. That standard of proof would require that the complainant show proof that there was an actual fraud committed by the State of Hawaii in the certification of that Birth Certificate, or that the certificate itself was fraudulent. Either way, the burden of proof rests with the complainant. Merely making accusations that this may have happened is not sufficient.
This would be true even if a foreign power were to present a Birth Certificate that was claimed to show birth in another country. Under the standard of ‘Full Faith and Credit’ that is specifically provided for in the Constitution, the public records of the State of Hawaii would take precedence over the public records of any foreign power. In order to meet the required burden of proof, the foreign record would not only have to be proven as true, but also the State of Hawaii’s record would have to be proven separately as false.
Demanding President Obama’s birth certificate is the 21st century of 19th century demands of newly freed slaves: Show me your papers. And when they did they were still lynched. HIs birth certificate is LEGAL and certified by the state of Hawaii. Case closed.
Nice way to pass the Buck judge.
If the "Right" believes in "A Nation of Laws," perhaps they should start actually adhering to them, instead of making it up as it suits their fancy.
Allow me to elaborate briefly. Judge Carter was looking for a way to render a decision "on the merits," such as a Rule 12(b)6 dismissal for failure to state a claim upon which relief can be granted. That is why he allowed Orly such extraordinary leeway in effecting proper service of process [without which the Court lacks jurisdiction over the Person of the Defendant.] Such service so effected, if only because the DOJ sent people to a hearing who could be served, he then had to address the problem of whether the Court had jurisdiction over the Subject Matter of the lawsuit. And here, he was legally obligated to find that it did not. So he ended up with a procedural dismissal. From his opinion, it is clear that he would have wanted to issue a dismissal on the merits, which would preclude any further lawsuits on this subject matter. But he could not. So Orly can file again; though I suspect that her next Court is going to enforce the pro haec rules, which Judge Carter waived on her behalf.
The comedy continues.
What we have here is a situation where a bunch of egotistical assholes ( lawyers ) have been appionted to a possition by another bunch of assholes ( again lawyers ) and are in the business of covering their asses without any concern for the Constitution Of The Unites States of America or the people of this country. They are only concerned what the backlash would be when they actually found that the asshole sitting in the presidents house ( also known as the peoples house) was constitutionally inelligible to occupy the office of The President of the United States of America. They are afraid of the backlash of the black community and the idiot liberals. The least of their concerns should be their only concern. THE CONSTITUTION> We have a bunch of gutless spineless traitors sitting in the courts of this country. WHAT EVER HAPPENED TO "WE THE PEOPLE".
I for one will not let my country be destroyed by a socialist.
Frank Tyler: Thanks for your comments. Nice to see that someone else is responding to these idiots!
Damn, these idiots are fun!
"TruthSeeker says
BigGuy, you do not know what you are talking about. If you check the Hawaii code, anyone, born anywhere in the world can get a Hawaii COLB. All a COLB says it that the person has asked to have his birth certificate on file in Hawaii. You can be born anywhere in the world have have a COLB issued. On top of that, forensic experts have proven that even that COLB, posted by the Stop the Smears web site (an Obama operation) during the campaign, is itself a forgery. Much like the letter Bush’s commanding officer was supposed to have written the Dan Rather jumped on as the truth and got himself fired. Why don’t you do a little research of your own before you just repeat what you hear???"
Okay, "Truthseeker!" Let's seek some truth. You say that under Hawaii law, "You can be born anywhere in the world have have a COLB issued." Do you have a cite for that, under Hawaii law, or are you and Orly still just making that up? Give us the cite, or quit blowing out these lies, stupid! It's as simple as that.
"On top of that, forensic experts have proven that even that COLB, posted by the Stop the Smears web site (an Obama operation) during the campaign, is itself a forgery."
Try that one, "Truthseeker!" What "forensic experts" have "PROVEN" that COLB a forgery? Got documentation? Court records? Or just your self-important bloviating?
Why doesnj't "truthseeker" seek some truth, instead of making it all up?
Bottom bottom line: Orly is unlikely to find a Court where she is permitted to file anything. Since her law clerk was disbarred, she can't rely upon him….
From the perspective of the legal scholar, Ms. Taitz's cases fall well below the "Three Stooges" level of humor, with eye-gouging and farts. But she may have singlehandedly revived the movement to put more teeth into the sanctions for frivolous filings under Rule 11, which I've advocated for the past 25 years! So thanks, Orly; not only for the comedy, but for the ultimate health of the legal profession!
Hope all you "Rule of Law" types enjoyed the lessons about what the "Rule of Law" actually means!
"Imjerry Small says
The White House got to the Judge!!! Another, would you expect for a scared Judge!!!
October 30, 2009, 11:49 am "
You certainly are!!!!!!!!!!! Haven't seen one that small in a long time, Jerry!
CARTER DECISION FATAL FLAW: When all is said and done, ONE CLAIM MOST DEFINITELY SURVIVES, and that is Keyes’ claim for fraud committed by Candidate Obama before becoming President, which Judge Carter pretends away on the sole basis of Orly having filed same on 1/20/09 at an hour after Obama took the Oath. That’s a “red herring” because Obama took the valid Oath on 1/21/09, no Presidential immunity exists for tort fraud by Candidate Obama before becoming President, and “before-or-after” Oath filing by Orly is irrelevant for such case which does NOT seek Presidential removal, albeit Judge Carter pretends that IS the sole relief sought by Keyes.
If you're not familiar with Rule 11, it allows the Court to sanction attorneys who bring frivilous lawsuits or file frivolous pleadings. It is largely ignored; in fact, Judge Land's sanctions against Orly Taitz was one of the few such decisions filed this year. But Rule 11 has always been a darling of the right, and properly so: most suits are filed against corporations or business entities; many of them are frivolous, and should have never been filed.
The attorneys filing these suits are abusing their privilege as Officers of the Court, and wasting the resources of the court and the tax dollars that support the court. They are also wasting the resources of the mostly corporate defendants who are forced to retain counsel and respond to these frivolous lawsuits.
Those of you who complain about how much Obama has spent defending these lawsuits (and I've seen unsubstantiated claims ranging from $1 million to $150 million): he wouldn't have had to spend a penny if it weren't for Orly [or the late Phil Berg or The Kreep] suing him, would he? It's not Obama that caused this hilarious catastrophe: it's you! And you are costing us taxpayers a lot of money!
So knock it off, knuckleheads! Recognize when you've got a really bad bit of bait, and cut the line! Orly is poison. If you choose to follow her, then go ahead and die with her!
It's your choice! I just wish it weren't costing us taxpayers so much to teach you morons a civics lesson!
"Jack says
CARTER DECISION FATAL FLAW: When all is said and done, ONE CLAIM MOST DEFINITELY SURVIVES, and that is Keyes’ claim for fraud committed by Candidate Obama before becoming President, which Judge Carter pretends away on the sole basis of Orly having filed same on 1/20/09 at an hour after Obama took the Oath. That’s a “red herring” because Obama took the valid Oath on 1/21/09, no Presidential immunity exists for tort fraud by Candidate Obama before becoming President, and “before-or-after” Oath filing by Orly is irrelevant for such case which does NOT seek Presidential removal, albeit Judge Carter pretends that IS the sole relief sought by Keyes."
Well, no; nice try, though! I think the 'de minimus' part of Carter's decision pretty much takes care of anything Keyes claims. [.04%?]
I hope not, though! Keyes is one of my favorite jokes!
Lif' dat barge! Tote dat bale!
Yowsa!
Just an odd query: How does Alan Keyes live with being DA SHOW NIGGA?
I'm sure Orly will appeal Judge Carter's decision, as she will appeal Judge Land's decision, and the one in New Jersey, so long as all you fish keep throwing money into her PayPal account. That's her right, and yours. In the meantime, if you're interested, I have shares in this nifty bridge between South Manhattan and Brooklyn that you might want to consider investing in. Hardly a hundred years old, and scarcely been driven on! Bids welcome! I'm older than Orly, better looking, and NOT from the Former Soviet Union! What more could you ask?
Thanks for your remarks, Wendy! I, too, wish this weary stunt would come to an end. Unfortunately, it's going forward. I keep trying to appreciate the comedy, but I'm becoming really concerned about what it's doing to the Federal Courts.
I’m a lawyer. Harvard Law, two years before Michelle, four years before Barack. Cum Laude degree. Thirteen years of teaching litigation classes in law school.
To me, Orly Taitz serves the function of high comedy, though I really don’t understand why California lets her keep her license. I mind only to the extent that she’s wasting government resources with her crack-brained ideas and total incompetence. I appreciate the laughs, though!
Anybody who was able to pass first-year Civil Procedure would not have made half the mistakes Orly did. Or, for that matter, those that the aptly named Gary Kreep did. The US government is founded upon a system of laws. That system is coherent, if sometimes puzzling. But that’s why we make people go to law school and pass the bar exam, in order to be permitted to appear in court. Orly seems to have slipped through, somehow. She wouldn’t have, in any of my classes.
And the judges are constrained by the existing law, as was Judge Carter in this case. I’m sure he was eager to hear a trial on the merits, if only so he could dispose of the matter once and for all so that Ms. Taitz couldn’t keep polluting the legal landscape with this garbage. But he had to dismiss.
Ms. Taitz was given every opportunity to correct her pleadings and service: most judges would have thrown her out much earlier. Perhaps it would have been more merciful to have done so.
I only hope the California Bar Association is paying attention; or are they just another organizatiion that takes your membership fees and looks the other way, holding their noses?
“expertman_2000 says
Nice way to pass the Buck judge.
October 30, 2009, 3:56 ”
The only way Judge Carter “passed the buck” is by not sanctioning Orly, or requesting her disbarment. Since Judge Land already did those things, and since the California Bar Association will be well aware of the opinion rendered by a Federal Judge in California, he didn’t need to.
Your next move, “expertman”?
Just what is it that you are an expert on, by the way?
In point of fact, I really wish Orly were able to file a competent lawsuit that actually got decided on the merits. So far, her whole case is fraud, invective and perjury. I’d like to see a Court actually be able to get their teeth into it.
Though Judge Carter did drop the hint about her ‘suborning perjury’ [a felony, boys and girls!] in his opinion, which someone is obliged to pick up on, since he can’t prosecute it himself….
BOTTOM LINE: Judge Carter rendered the only decision he could, and tossed the case on grounds of lack of standing/ lack of jurisdiction. He obviously wanted to find jurisdiction, so he could toss the case on the merits. But the law didn’t permit it. Fortunately for Orly, I guess, she is mentally unable to figure out how to get jurisdiction, so the case can never be adjudicated on its merits. That would have put the brakes on Ms. Taitz’s carousel!
But she’ll be disbarred before much longer. Hate to see the comedy stop!
“Marie Devine
http://www.divine-way.com
God has solutions to world problems we created by ignoring His wisdom.”
Including squashing little ignorant bugs like you, Marie!
God, ignorance is funny!
Sorry; it was Judge Land who clearly and explicitly waived the pro haec vice rules for Orly. They may have applied in Judge Carter’s Court, too, though he didn’t explicitly address the issue as Judge Land did.
Pro Haec Vice? You have to be admitted to the Bar of a Court in order to appear as an attorney. Each State has its own rules, and each Federal District Court, Court of Appeals, and Supreme Court has its own admission rules. In order to appear in a court where you are not legally admitted as an attorney, you have to apply for admission “pro haec vice,” which means you need a local sponsor who is admitted to the bar of that particular Court, and the Court needs to rule upon whether you are permitted to appear. Judge Land grumbled about the pro haec rules, but waived them so Orly could appear. Judge Carter didn’t address the issue, so it’s not clear whether Orly was actually permitted to argue before him or in the 11th Circuit.
The rules is the rules….
TruthSeeker said “you do not know what you are talking about. If you check the Hawaii code, anyone, born anywhere in the world can get a Hawaii COLB. All a COLB says it that the person has asked to have his birth certificate on file in Hawaii. You can be born anywhere in the world have have a COLB issued.”
You don’t know what your talking about TruthSeeker. Hawiia code “HRS 338-17.8 Certificates for children born out of State” didn’t exist until 1982, 21 years after his birth.. Besides it still must state the birth country. Try researching kiddo
Then TruthSeeher said ” On top of that, forensic experts have proven that even that COLB, posted by the Stop the Smears web site (an Obama operation) during the campaign, is itself a forgery.”
Not one expert said or proved that. Do you care to cite the source? Didn’t think so.
Then after all his BS TruthSeeker said “Why don’t you do a little research of your own before you just repeat what you hear???”
ROTFLMAO
It will NEVER SINK IN to the loyal birthers… that every line of their arguments from “2 citizen parents” to “but a colb is not the same as a birth certificate”… and on, and on, and on…
are nothing more than a well scripted hoax. Has been from the day someone planted the guy to try and trick grandma in Kenya to “admitting” Obama was born there. Balloon Boy was an amateur… birthers are being used, and don’t have a clue. After 30+ cases being thrown out, you THINK it would sink in to them that the rulings are completely correct. After Taitz’ circus in Georgia, and now in OC, YOU WOULD THINK they might realize Taitz sheer lack of any brain cells.. much less, lack of basic legal standards. IF she was after “truth” (which she isn’t).. Carter handed it to her when he said her intent was to cripple the entire US gvt and undermine the Constitution.
The damage from this long running publicity stunt is no laughing matter. I wish it was.
Maybe you birthers should hire Hal Turners lawyer Michael Orozco to handle the case. He is doing a bang up job. Took him months to get Hal a bond.
Re: “why is it so difficult to produce a birth certificate? i had to do it for a passport. ”
Obama has posted and shown the physical copy of the OFFICIAL birth certificate of Hawaii to both Polifact and FactCheck. It is the only birth certificate Hawaii sends out now. (http://www.starbulletin.com/columnists/kokualine/20090606_kokua_line.html).
It is accepted by the US State Department for issuing passports. The Wall Street Journal commented : “Obama has already provided a legal birth certificate demonstrating that he was born in Hawaii. No one has produced any serious evidence to the contrary. Absent such evidence, it is unreasonable to deny that Obama has met the burden of proof. We know that he was born in Honolulu as surely as we know that Bill Clinton was born in Hope, Ark., or George W. Bush in New Haven, Conn.”
Re: “Well I’d like to know where in the heck one would address such an issue of an illegal and CLEARLY unqualified person if not for the courts?”
CONGRESS. The only way to address that issue is to convince the House of Representatives to vote a bill of impeachment and the Senate to impeach, which requires a two-thirds vote.
However, as a starting point, all you would need would be a single committee or subcommittee to hold hearings. But, since not a single member of Congress objected to the confirmation of Obama as president, even this seems a distant possibility.