Political Hotsheet
By

Brian Montopoli /

CBS News/ October 29, 2009, 5:47 PM

Birther Orly Taitz's Lawsuit Dismissed

5182726A U.S. district court judge on Thursday dismissed a lawsuit involving Orly Taitz seeking to have President Obama removed from office because he is not a natural born citizen of the United States.

In his dismissal – which is, despite the legalese, a pretty entertaining read – Judge David O. Carter writes that removal of a sitting president for any reason "is within the province of Congress, not the courts."

"Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction," he writes.

"Respecting the constitutional role and jurisdiction of this Court is not unpatriotic," continues Carter. "Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism."

Carter says at another point that "the hearings have been interesting to say the least."

"Plaintiffs' counsel has favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning," he writes. "While the Court has no desire to chill Plaintiffs' enthusiastic presentation, Taitz's argument often hampered the efforts of her cocounsel Gary Kreep ("Kreep"), counsel for Plaintiffs Drake and Robinson, to bring serious issues before the Court."

"[T]he Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves," writes Carter. "This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court."

Elsewhere in the document, Carter says that "[p]laintiffs appear to assume that should the Court receive a document from Kenya, the Court would give credence to this document over the American birth records of the President and the case would be resolved."

"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 recordkeeping practices in the world, would be contrasted with the credibility of the records obtained from Kenya," he writes.

The Judge complains that the plaintiffs "have encouraged the Court to ignore these mandates of the Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected."

At one point, in a footnote, Carter says that "The inclusion of the First Lady in this lawsuit, considering she holds no constitutional office, is baffling."

The birthers' claims have been repeatedly knocked down by media outlets.

Taitz has filed multiple court cases making similar claims, and was fined $20,000 following another dismissal by a judge who says she had abused "her privilege to practice law." She is refusing to pay the fine.
© 2009 CBS Interactive Inc. All Rights Reserved.
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RobinBenns says:
Ode to Orly Taitz - My Original poem

Orly Taitz,
truly hates,
President Obama's,
U.S. Birthdate.
It's mud in her face,
Now she's looking black,
Obama a U.S. Citizen,
Bam, How you like that?

By Robin Benns
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borderhawk says:
Quo Warranto in DC District Court on October 21, 2009 Missed by Judge David O. Carter, moots dismissal of Keyes|Barnett v Obama

STRUNK v U.S. DEPARTMENT OF STATE - 27 - Letter from Christopher Earl Strunk - gov.uscourts.dcd.1345

http://www.scribd.com/doc/21832918/STRUNK-v-U-S-DEPARTMENT-OF-STATE-27-Letter-from-Christopher-Earl-Strunk-gov-uscourts-dcd-134568-27-0

Quo Warranto cannot be dismissed and forces answer to challenge of authority to occupy office.
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borderhawk says:
2009-11-07 Orly Taitz in play and still swinging.

KEYES|BARNETT (CODY JUDY) - MOTION FOR PERMISSIVE JOINDER ) AND AMENDMENT TO THE ) CIVIL RIGHTS / FE

http://www.scribd.com/doc/22291433/KEYES-BARNETT-CODY-JUDY-MOTION-FOR-PERMISSIVE-JOINDER-AND-AMENDMENT-TO-THE-CIVIL-RIGHTS-FEDERAL-V-ELECTIONS-COMPLAINT-922288917-Judy-v
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TheDudeRulz says:
How sad it is that a major media network like CBS would rejoice in what is almost certainly the largest criminal fraud ever committed on US soil. All Obama has to do to quiet a rapidly growing group of concerned US citizens is to produce the documents. I am not surprised at all that liberal loons refuse to recognize or accept the problems an illegal president would create; they are simply far too ignorant of the law (including the US Constitution). And, quite frankly, they don't care about the law. Does anyone really think that if McCain had been elected and the LEFT had filed these lawsuits, this issue would be so quickly ignored by the mainstream media? No, of course it wouldn't. But here's a nasty little secret...McCain's legal citizen status was actually vetted by the US Senate. One wonders why Obama was not? Produce the documents Obama. Stop blocking any and all access to your educational records and birth records. I was actually born in Hawaii sir and the COLB you claim is a birth certificate is not. http://zapem.wordpress.com/2009/01/11/obama-knew-he-wasnt-eligible-for-potus/
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D_Blue replies:
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Obama proved his citizenship and birthplace in the eyes of the law to the exact same degree that all his predecessors did. Conspiracy theorists like the "Birthers" don't care about evidence. The way they dismiss everything showing they're wrong then stretch/twist each hint to turn it into "proof" shows that. Were a film showing Obama being born, clearly demonstrating the location, to be broadcast they'd insist it was a fake. So the President did a smart thing, When he released a copy of the exact same document Hawaii issues, Birthers reacted to it like sharks to bloody chum. He has stopped feeding them. Now they're reduced to making stuff up (and when the obvious forgeries are proven as such, assume the White House was behind it all).
RobinBenns replies:
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No other President had to prove they are a U.S. Citizen until it's another race. That's how our country is, if they say it, believe it. No one has time to confirm every little thing a group of so-called concerned citizens has produced. I am glad PRESIDENT Obama (since a lot of people have a problem saying, "President", the media and you). It is a matter of respect, but his race should not deny him the same respect any other President has had in the past. Grow up American Citizens in this area, because it will help a lot of people see who we truly are, not only in America. Canadian film maker has already produced a film on how this is the first President that people has not respected, like they respect other. Do not ask me the name, take the time to look it up. We all need to start doing more research instead to talking and disrespecting PRESIDENT OBAMA. Even so-called pastors, teachers, parties, etc. We are suppose to be a nation trying to build our country, not always tear it down and politicians and media needs to start leading the way for our children's future, not junk media.
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borderhawk says:
The Lucas Smith "footprint" Birth Certificate

Video http://www.youtube.com/watch?v=BkWd2INPhL4
Photo http://senatorobama.files.wordpress.com/2009/09/lucassmithkenyabirthcertificate.jpg
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borderhawk says:
Short answer:
The territories on the coast rented from the Sultan of Zanzibar became the Kenya Protectorate.

http://books.google.com/books?id=TR8NAAAAIAAJ&printsec=frontcover&dq=The+Statesman%27s+year+book&ei=efbvSs_6MJX6lQSvyfHWCw#v=onepage&q=&f=false

http://www.archive.org/stream/statesmansyearbo030477mbp/statesmansyearbo030477mbp_djvu.txt

Full text of "The Statesmans Year Book 1950"

KENYA COLONY AND PROTECTORATE.

Government. The Kenya Colony and Protectorate extend, on the Indian Ocean, from the Umba River to Dick's Head, and inland as far as Lake
Victoria and Uganda. The protectorate consists of the mainland dominions
of the Sultan of Zanzibar, viz., a coastal strip of territory 10 miles wide, to the northern branch of the Tana River; also Kau, Kipini and the Island of Lamu, and all adjacent islands between rivers Umba and Tana, these territories having been leased to Great Britain in 1895 for an annual rent of 10,000, since raised to 16,000. The colony and protectorate, known as the East Africa Protectorate, were, on 1 April, 1905, transferred from the authority of the Foreign Office to that of the Colonial Office, and in November, 1906, the protectorate was placed under the control of a Governor and Commander-in-Chief and (except the Sultan of Zanzibar's dominions) was annexed to the Crown as from 23 July, 1920, under the name of * The Colony of Kenya,' thus becoming a Crown Colony. The territories on the coast rented from the Sultan of Zanzibar became the Kenya Protectorate. In 1908 foreign consular jurisdiction in the Zanzibar strip of coast was transferred to the British Crown.
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FlyoverPatriot says:
Interesting that it does not concern the American population that the man in the White House received unheard of money for a war chest 100 times what the 'rich Republican' had which is still not verified by the watch dogs who keep changing the donor lists - the multiple 'unemployed' housewives that donated $50,000 in particular. A war chest that only an Arab country could have 'helped' with - you look it up, my sources are from D.C. itself.

That his 'election' to office was spearheaded by ACORN which has been proven time and time again to be untrustworthy, registering people multiple times, animals and the deceased.

I do not believe that he was elected in truth, he still has not provided papers that any other American man would have, (i.e Selected service registration, Oath of Citizenship that he would have had to have taken choose preference of nationality upon turning 18 being the adopted child of a Muslim Indonesian, his passport-the one he has used prior to government service- would not have allowed his presence in areas where he has been seen and documented.)And yes, the piece of paper that has been passed around as his 'Certified Birth Certificate' does not look like any other in existance for either the State of Hawaii or any other of the '49' not '57.'

In my book, the US has no vetted POTUS. Sad, we may have to come to blows over this one. My Bible clutching, gun carrying hands will not bow to this 'Arab puppet.' I am a Christian, not a Muslim and I know that in the end God will win, I read the 'rest of the story.' Now I am observing. May God help us when our country is bankrupt and broken by this current administration. I only hope that the adults return to power soon and the 'kid-libs' and their unrealistic ideology are corrected swiftly.
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D_Blue replies:
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You've just spouted a whole slew of utter nonsense. Given he was a US citizen at birth, Barack Obama Jr. had no legal requirement to take any oath upon turning 18 (he WOULD have had to do so to retain Kenyan citizenship through his father, but he didn't--which has zero impact on US law which doesn't recognize the concept of dual citizenship). The nonsense about his passport is another case in point--there was NO BAN on travel by US citizens to Pakistan. Meanwhile, your absurd claims about unemployed housewives each contributing $50,000 is a perfect example of sloppy thinking--in fact millions of Americans contributed tiny amounts several times over the course of the campaign. Think about it--if 500,000 people each gave twenty dollars then the total of those donations alone would be TEN MILLION DOLLARS. It adds up. Meanwhile, you insist that a man who was not raised in any faith but has attended a Church of Christ for over a decade is somehow a Muslim (presumably because his father--an atheist--as raised Muslim). Have you the slightest idea how stupid that sounds? No, probably not.
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Rcon1 says:
http://www.youtube.com/watch?v=VebOTc-7shU

See the fall of the republic a new Alex Jones movie then
make your comments.
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crowtrob says:
what's really funny is that all these birthers who have "done the research" and can "prove obama was born in mombasa, kenya" have missed one glaring point. obama was born in 1961, no one contests this fact. in 1961, mombasa was a part of zanzibar under the governance of tanzania, not kenya. mombasa was incorporated into independent kenya in 1963. no one disputes that fact.

but, this cretin taitz has produced 2 forged birth certificates that states that obama was born in mombasa, kenya in 1961, even though no such place existed at that time. 2 minutes of research would have lead them to forge that he was born in zanzibar state or tanzania. it would make them at least a little more believable.

like the glenn beck says "do you're own research". i did and the right wing nuts are wrong again.
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borderhawk replies:
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The short answer:
"The territories on the coast rented from the Sultan of Zanzibar became the Kenya Protectorate."

Reference:
http://www.archive.org/stream/statesmansyearbo030477mbp/statesmansyearbo030477mbp_djvu.txt

Full text of "The Statesman's Year Book 1950

KENYA COLONY AND PROTECTORATE.

Government. The Kenya Colony and Protectorate extend, on the Indian Ocean, from the Umba River to Dick's Head, and inland as far as Lake
Victoria and Uganda. The protectorate consists of the mainland dominions of the Sultan of Zanzibar, viz., a coastal strip of territory 10 miles wide, to the northern branch of the Tana River; also Kau, Kipini and the Island of Lamu, and all adjacent islands between rivers Umba and Tana, these territories having been leased to Great Britain in 1895 for an annual rent of 10,000, since raised to 16,000. The colony and protectorate, known as the East Africa Protectorate, were, on 1 April, 1905, transferred from the authority of the Foreign Office to that of the Colonial Office, and in November, 1906, the protectorate was placed under the control of a Governor and Commander-in-Chief and (except the Sultan of Zanzibar's dominions) was annexed to the Crown as from 23 July, 1920, under the name of * The Colony of Kenya,' thus becoming a Crown Colony. The territories on the coast rented from the Sultan of Zanzibar became the Kenya Protectorate. In 1908 foreign consular jurisdiction in the Zanzibar strip of coast was transferred to the British Crown.
in_africa replies:
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I'm in Uganda for awhile and am sitting around jawing with various Africans from Kenya and Uganda, and when I casually interject the question... Obama was born in Kenya, right? They always say "oh yes... he was born in Kenya." They think I'm a fan. The US citizenry are the only ones in the world that think he was born in the US or don't care..
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oldgoldman60 says:
@DirtyDaug & CBSSpam
Your screen names say it all. You continue to spout the threadbare lies of the birthers and grumble, grouse, and gnash your teeth. The rest of us can only shake our heads and wonder why you even bother. You are like those poor souls that keep bashing their skulls against the wall because they know their heads will feel so much better when they stop. Jeepers, you have over three years more to complain. That?s a long time to waste fuming and fussing about something you will never, repeat, NEVER, be able to change. And echoing another post: you will have succeeded in incrementally diminishing the conservative movement significantly before the next elections in 2010 and 2012.
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