Obama Eligibility Challenge Shot Down...Again

[SR_Blarney_Frank]

Shocking. Who could've predicted yet another suit goes down in flames:

Judge Carter Ruling on MTD

It's an entertaining read. In the end it concludes that the day President Obama was sworn in was the day he became President and only the legislature can remove a sitting President. Goodbye and have a good day...

It also addresses the allegation that the Kenyan government is hiding Obama's actual birth certificate:

Even should the Court permit the issuance of a letter rogatory to Kenya, the Court would still engage in a comparative exercise in which the records of America, which has historically maintained some of the most credible record keeping practices in the world, would be contrasted with the credibility of the records obtained from Kenya. Such an analysis would seemingly favor the records of the United States.

Duh.

Another interesting twist - the suit attempted to claim RICO violations against Michelle Obama, Hillary Clinton, Joe Biden and Robert Gates apparently for keeping secret Obama's hidden Muslim status.

However, the pleading only states that while Plaintiffs had “accumulated several dossiers of evidence” suggesting a civil RICO conspiracy, they were unable to actually set forth a RICO pleading “ecause of the complexity of RICO.” Compl. ¶¶ 123-25. Plaintiffs originally filed this action on January 20, 2009, and the First Amended Complaint at issue was filed on July 15, 2009. Nearly six months was more than sufficient time for Plaintiffs to at leastattempt to set forth civil RICO allegations. The failure to do so is inexcusable, and as Plaintiffs have failed to state any claim whatsoever against Defendants Michelle Obama, Clinton, Biden and Gates, all claims against them are DISMISSED

So...essentially...we have a RICO case but we don't know how to prove it.

In blunt terms Taitz is a raving lunatic with absolutely no skills as a lawyer. The judge put it more kindly:

Plaintiffs’ counsel has favored rhetoric seekingto arouse the emotions and prejudices of her followers rather than the language of a lawyerseeking to present arguments through cogent legal reasoning...This Court exercised extreme patience when Taitz endangered this case being heard at all by failing to properly file and serve the complaint upon Defendants and held multiple hearings to ensure that the case would not be dismissed on the technicality of failure to effect service.

If you recall, Taitz figured that simply serving the mail clerk at the Department of Justice was akin to serving papers on the President. Nice try.

Taitz also continually refused to comply with court rules and procedure. Taitz even asked this Court to recuse Magistrate Judge Arthur Nakazato on the basis that he required her to comply with the Local Rules...Additionally, 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.

But I'm sure she will conclude that she got a raw deal somehow.

Case dismissed. Again.

 

[MercyfulFate]

Wait wait, it's worse than I thought?

A RICO case on his "secret Muslim status"?!

The fucking fuck...

Alright, most criticisms of Obama are not based on race. However, this one most certainly is. Without a doubt.

 

[D_Fiona_Farvel]

This is by no means a decisive victory for those who feel birthers have no legal standing. While I believe their activities are based on an asinine and fallacious premise, they have the right to bring further "everything but the kitchen sink" actions to court and ride them through the legal process.

In this particular case, +1 for sanity and the reminder of “We the People” in a period of fear and ideological estrangement, but this nonsense, as tiresome as it is, will not end anytime soon.

 

[SR_Blarney_Frank]

I actually do believe it shuts this down. The ruling pointed out that only Congress has the authority to remove a sitting President - not the judiciary.

Agree that it won't stop them from pursuing it. But the door has been basically shut in their face.

 

[D_Fiona_Farvel]

I think that's wishful thinking for a few reasons -

I believe they can appeal this ruling

As Carter noted, there are parts of the case he did not adjudicate because they were merely in the wrong venue (I can't recall which part)

And I think there are other cases still pending

So, while this decision is significant, the point at issue remains unsettled.

 

[MercyfulFate]

I think that's wishful thinking for a few reasons -

I believe they can appeal this ruling

As Carter noted, there are parts of the case he did not adjudicate because they were merely in the wrong venue (I can't recall which part)

And I think there are other cases still pending

So, while this decision is significant, the point at issue remains unsettled.

The point at issue (stupidity) will never be settled. They constantly change what they're going after so it can live on.

 

[D_Fiona_Farvel]

Exactly, which is why I decline to proclaim this ruling a "decisive victory".

 

[Industrialsize]

I think that's wishful thinking for a few reasons -

I believe they can appeal this ruling

As Carter noted, there are parts of the case he did not adjudicate because they were merely in the wrong venue (I can't recall which part)

And I think there are other cases still pending

So, while this decision is significant, the point at issue remains unsettled.

Obama's citizenship is VERY settled. The thing that is unsettled is the sanity of the Birthers.

 

[D_Fiona_Farvel]

Obama's citizenship is VERY settled. The thing that is unsettled is the sanity of the Birthers.

For you, I and others, this is obviously the case.
However, for them, it is not and there is no way to obstruct their court filings, each has to be judged on its own merit.

Therefore, until there is something else to occupy the time of these people, like a resurgent economy and strong job market, I do not foresee these cases or the movement (no matter how fringe) waning.

My opinion may prove to be off, but only time will tell if this decision proves to be the birther death knell or not.

 

[SilverTrain]

LadyS may well be correct.

Although I tend to think this only undermines the efforts of any "general opposition" to the Obama administration. One cannot disprove that Alien Elvis is not hiding out in Roswell, but anyone who would continually bleat about such an alien invasion would only be undermining any legitimacy a more "respectable" alien/UFO movement would have.

 

[SR_Blarney_Frank]

She doesn't have the mental or financial firepower to launch an appeal. Filing an appeal is an entirely different beast based on disputing findings of law and not of fact. Her knowledge of the law is amateur at best.

 

[D_Fiona_Farvel]

LadyS may well be correct.

Although I tend to think this only undermines the efforts of any "general opposition" to the Obama administration. One cannot disprove that Alien Elvis is not hiding out in Roswell, but anyone who would continually bleat about such an alien invasion would only be undermining any legitimacy a more "respectable" alien/UFO movement would have.

I agree with this assessment. So far they seem unappealing to a mainstream audience and should remain fringe element. Perhaps only as long as the economy does not fall apart.

However, there are a lot of misconceptions about President Obama operating under the birther umbrella and I think we should acknowledge the appeal of conspiracy movements - particularly in troubled times.

I try not to be too dismissive of divisive movements that hold an appeal for several different segments of the population (such as, ultra-nationalists, radical christians, racists, conspiracists, the "I ain't got shit else to do").

She doesn't have the mental or financial firepower to launch an appeal. Filing an appeal is an entirely different beast based on disputing findings of law and not of fact. Her knowledge of the law is amateur at best.

I know nothing about this woman's "mental or financial firepower", so we will see if she or the other parties decide to appeal or not. :shrug:

 

[MercyfulFate]

LadyS may well be correct.

Although I tend to think this only undermines the efforts of any "general opposition" to the Obama administration. One cannot disprove that Alien Elvis is not hiding out in Roswell, but anyone who would continually bleat about such an alien invasion would only be undermining any legitimacy a more "respectable" alien/UFO movement would have.

Problem is people always lump everything together as if they're the same. e.g. "There are questions about Kennedy's assassination" becomes "You believe any conspiracy theory! Tin Foil hats!"

 

[SR_Blarney_Frank]

Problem is people always lump everything together as if they're the same. e.g. "There are questions about Kennedy's assassination" becomes "You believe any conspiracy theory! Tin Foil hats!"

That conclusion is mostly due to people who see any ambiguity as proof positive of a conspiracy. This is part and parcel of the conspiracy theorist's playbook. Despite thousands of data points which suggest something to be true, the existence of one outlier nullifies them all. In other words, if you can't meet my ever increasing burden of proof, it validates my crackpot theory that it was actually aliens which fired from the grassy knoll and then inhabited the body of Lyndon Johnson (or whatever.) Now prove that isn't so.

 

[MercyfulFate]

That conclusion is mostly due to people who see any ambiguity as proof positive of a conspiracy. This is part and parcel of the conspiracy theorist's playbook. Despite thousands of data points which suggest something to be true, the existence of one outlier nullifies them all. In other words, if you can't meet my ever increasing burden of proof, it validates my crackpot theory that it was actually aliens which fired from the grassy knoll and then inhabited the body of Lyndon Johnson (or whatever.) Now prove that isn't so.

Sigh.

 

[SR_Blarney_Frank]

Sigh.

So you're admitting it's true? :tongue:

 

[MercyfulFate]

So you're admitting it's true? :tongue:

No, because we all know JFK staged his death and is living with Elvis and Tupac currently.

 

[ZOS23xy]

That conclusion is mostly due to people who see any ambiguity as proof positive of a conspiracy. This is part and parcel of the conspiracy theorist's playbook. Despite thousands of data points which suggest something to be true, the existence of one outlier nullifies them all. In other words, if you can't meet my ever increasing burden of proof, it validates my crackpot theory that it was actually aliens which fired from the grassy knoll and then inhabited the body of Lyndon Johnson (or whatever.) Now prove that isn't so.

on RED DWARF it was John Kennedy who fired the shots.

 

[SR_Blarney_Frank]

on RED DWARF it was John Kennedy who fired the shots.

Didn't see that one. But have you read Conspiracy A Go-Go?

YouTube - JFK Conspiracy Theorist from Slacker