neadods: (omg)
[personal profile] neadods
Who knew that legal proceedings could be so entertaining to read? If you poke around my talibangelical/women's rights tags you'll find the smackdown given to Noel "I don't have to do anything in my job that might make me even hear the words birth control" Noeson, and if you poke around the ID tag, you'll find the Dover "Dude, Intelligent Design is too Creationism" Decision.

And now, Judge Land of the Middle District Court of Georgia has handed Orly Taitz her ass on a legal platter. (pdf warning)

Long story short, Orly Taitz has been treating the legal system like a slot machine, dropping in lots of little lawsuits in the hopes of someday winning the jackpot of a judge who agrees that Obama is not a natural-born citizen and thus not legally President. A particular favorite is filing on behalf of soldiers who claim they can't be sent to Iraq because President Barack Obama is not constitutionally eligible to act as Commander in Chief of the United States armed forces. [p1]

The spanking Captain Connie Rhodes and Ms Taitz get is GLORIOUS, starting with the Court finds that Plaintiff’s claims are frivolous... 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. [p1]

How frivolous was it? First of all, Judge Land notes that she has already lost this case once, only to have Taitz go ahead and refile it in a different jurisdiction [p2] and that the argument that Rhodes would happily obey any order *except* deploying to Iraq, or she would deploy to a war zone if only GW Bush was still President are completely unconvincing arguments of "irreparable harm."

In the meantime, Taitz and Rhodes claimed, in court, that the evidence against Obama included Obama:
- not being in the country legally, much less being a citizen [p7]
- "might" have used multiple addresses, names, and social security numbers [p8]
- that the infamous Hawaiian short form birth certificate should be presumed fraudulent. [p8]
- being considered a fraud in the general opinion in the rest of the world [p8]

and my personal favorite:
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.” [p8]

My favorite of the whole thing is on page 9, though: 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.

Glorious stuff! Do go read it all.

Rhodes has asked the judge to reconsider. Taitz's response was to say that the judge should be tried for treason (and compare her trials and tribulations to Nelson Mandela's).

Date: 2009-09-18 01:08 am (UTC)
lagilman: coffee or die (brain.  hurts.)
From: [personal profile] lagilman
The crazy, sometimes it entertains.

(I actually don't mind the Birthers, as it keeps them off the streets and their fingers out of grown-up's work, while giving the semi-sane Right wing a shonda for the mainstream)
Edited Date: 2009-09-18 01:09 am (UTC)

Date: 2009-09-18 01:33 am (UTC)
From: [identity profile] neadods.livejournal.com
I mind that the Birthers are being taken seriously, even as a point-and-laugh news item. It's only encouraging Taitz to show up on the Colbert Report and other things.

Date: 2009-09-18 01:44 am (UTC)
From: [identity profile] fabricdragon.livejournal.com
the birthers?
uh....... the last time i heard that term it was about the abortion argument........what?

Date: 2009-09-18 01:47 am (UTC)
lagilman: coffee or die (oy)
From: [personal profile] lagilman
Birth-certificate nutters. They're like the weebles of the far-right nut brigade -- they keep getting knocked down and coming back again, howling that Obama's Not A Citizen!

(Never mind that some within the GOP tried to psuh for a change in that particular law, in order to make the Governator eligible...)

Date: 2009-09-18 01:54 am (UTC)
From: [identity profile] fabricdragon.livejournal.com
ah
ok
shrug, i have issues with Obama's policies. but not whether he is qualified to run for office! (mind you, i have issues with almost everyone's policies)


it was my personal opinion that the whole "natural born" part is fairly silly in the modern era...

an adopted child who came to the country at 1 year old, is every bit as much a citizen as a "native born" who spent all their formative years overseas... but the kid who spent most of high school in.. say England, is eligible and the kid from.. uh. Cambodia who grew up in the bronx isnt... thats just weird to me.
shrug
still, i suppose they feel they need some kind of guide of eligibility...

ah well.... i had no idea that there were people who were still throwing this stuff around

Date: 2009-09-18 02:24 am (UTC)
From: [identity profile] neadods.livejournal.com
it was my personal opinion that the whole "natural born" part is fairly silly in the modern era...

Well, so's the argument that he's a Manchurian candidate secret Muslim intent on turning America into a communist nazi country... but that's really what the birther thing boils down to.

Date: 2009-09-18 03:49 pm (UTC)
From: [identity profile] fabricdragon.livejournal.com
as stated, didnt know it was still running around

Date: 2009-09-18 01:54 pm (UTC)
From: [identity profile] gonzai55.livejournal.com
I found a 'short form' version of birther philosophy the other day - enjoy. (Beverage warning...)

http://gonzai55.livejournal.com/146605.html

Date: 2009-09-18 03:50 pm (UTC)
From: [identity profile] fabricdragon.livejournal.com
sadly its a video, cant watch those on this computer

Date: 2009-09-19 10:21 pm (UTC)
From: [identity profile] neadods.livejournal.com
I've seen that! It's hilarious!

Date: 2009-09-18 01:44 am (UTC)
From: [identity profile] wendymr.livejournal.com
You're right, this is hilarious! (Though, yes, aggravating and distracting from important issues. Why are these people even given a millimetre of news-column interest?)

That judge has a wonderfully well-developed sense of sarcasm. I'm still reading, but I adored this point:

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.
Edited Date: 2009-09-18 01:44 am (UTC)

Date: 2009-09-18 02:25 am (UTC)
From: [identity profile] neadods.livejournal.com
I adored this point

That was a fun one. Kind of obvious where the real objection is, innit?

Date: 2009-09-18 02:31 am (UTC)
ext_12931: (Default)
From: [identity profile] badgermirlacca.livejournal.com
Oh, gorgeous. Simply gorgeous.

Date: 2009-09-18 02:45 am (UTC)
ext_43: proust quote: let us be happy to those that make us happy.  They are the constant gardners that make our souls blossom. (Justice Ruth Bader Ginsburg)
From: [identity profile] drho.livejournal.com
And other judges in the country breathe sighs of relief.

Date: 2009-09-18 10:59 am (UTC)
From: [identity profile] neadods.livejournal.com
She's still got dozens of cases pending, and announced that she's going to keep filing until she "gets justice." But this won't help her cause, and now the lawyers boards are paying attention.

WHAAAAAAATTTTT!

Date: 2009-09-18 04:25 am (UTC)
From: [identity profile] olivia-sutton.livejournal.com
OK -- as a registered Democrat, I'm completed confused by these (where I live on the WESTERN side of Michigan I'm surrounded by very conservative idiots. (For example -- they got around various rulings forbidding teaching of intelligent design/creationism in science classrooms by NOT teaching evolution at all. NOT even mentioning it once. And other issues).

1. In what universe does an AOL POLL represent scientific evidence? Second, who did they poll -- people who watch Fox News? Third, even so the figure of 85% seems ridiculous, considering that Obama was elected by like 60-90% of the electoriate (can't remember the exact figures) whereas King George W only became pres as a result of proven election fraud.

2. Obama has proven over and over again he's a citizen -- AND he was born and raised in Chicago, where his mother is from.

3. To claim Obama is in the country illegally is not only ridiculous, it's slanderous, treason, and just plain wrong.

4. For the lawyer to call the judge a traitor for disagreeing with her/him is simply NUTS. Said lawyer needs to be sanctioned, or disbarred (for disrespect) or something.

???

--Olivia

Re: WHAAAAAAATTTTT!

Date: 2009-09-18 11:00 am (UTC)
From: [identity profile] neadods.livejournal.com
In what universe does an AOL POLL represent scientific evidence?

I know, that's why I love that bit most of all. It's completely disconnected from reality.

Date: 2009-09-18 04:31 am (UTC)
From: [identity profile] misscam.livejournal.com
(and compare her trials and tribulations to Nelson Mandela's)

She WHAT now? Yeah, because being a racist git and trying to work the legal system for racist reasons is totally like being jailed by a racist regime for your fight for equality. Yeah, totally!

Date: 2009-09-18 11:00 am (UTC)
From: [identity profile] neadods.livejournal.com
Exactly!

Date: 2009-09-18 03:18 pm (UTC)
From: [identity profile] gonzai55.livejournal.com
I note that the military has paid for nearly all of Rhodes' education and training. Methinks that would be well in excess of $100,000. I would suggest that they inform her she can either get her butt to Iraq, NOW, or pay back all of that money, NOW. I bet she'd suddenly find the 'courage' to go to Iraq. And if she doesn't, the military should sue HER for fraud and breach of contract.

Date: 2009-09-19 10:22 pm (UTC)
From: [identity profile] neadods.livejournal.com
She has to be facing a court martial for defying orders.

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