A Victory For Sane People Everywhere (Birtherchat)

[Digital Analog]

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.”

This is a particularly entertaining excerpt form the ruling of Judge Clay Land who heard the arguments from Orly Taitz, the leader of the Birther Movement. You can read the entire 14 page manuscript from the dismissal here:A very entertaining PDF

There are some updates to the story as well that are covered by this report

Discuss

[lindajdunn]

I note that the client has left for Iraq and has disassociated herself from her former "attorney" and is threatening to file a complaint with the bar association once she arrives in Iraq.

Given that this "attorney" has questionable credentials that are only acceptable in California, I don't think that's going to have any impact upon her future actions.

[I_luv_saber]

That's funny.

[Digital Analog]

Yeah the judge was kinda snarky but in his defense the lawsuit was a complete waste of his time.

[Fechter1]

Some funny stuff in there.

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
our Country was founded in order to purportedly “protect and
preserve” those very principles.

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
authorize dismissal of Plaintiff’s complaint for failure to state a
claim.

Ouch...

Speaking of "cannot be verified as genuine and should be presumedfraudulent"...

One piece of “evidence” Plaintiff’s counsel relies upon deserves
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.

Defendants shall recover their costs from
Plaintiff.

Oops.

Very entertaining indeed.

[erik_blank]

Defendants shall recover their costs from Plaintiff.

Agreed... Ouch. So this poor unwilling Army doctor is now on the hook to her 'lawyer' for the cost of the trial. Let's see...
Based on my 'extensive' knowledge of the legal system from my over extensive viewing of such very lifelike shows like "Boston Legal" and "Perry Mason" she will probably have the following to pay for:
1-5 lawyers for the defense
10 + legal aids
probably 200+ hours of work for each person involved
court fees
I hope that her lawyer gave her the "we'll work for free" clause you see on all these ambulance chasers that advertise on TV (We'll get money for YOU!)

[migopod]

Huh. This whole time I thought Orly Taitz was a muppet.

Turns out she's a flesh-and-blood crazy person.

[chase]

Its interesting how an investigation into the authenticity of the Kenyan document was not launched. (Just saying. Even if he is really an American he is still arguably one of the worst presidents in our history.)

[migopod]

Its interesting how an investigation into the authenticity of the Kenyan document was not launched. (Just saying. Even if he is really an American he is still arguably one of the worst presidents in our history.)

Why investigate it?
It was exposed as a hoax months ago by the person who perpetrated the hoax. Remember it was an edited Australian birth certificate photoshopped up to look Kenyan. The Australian guy whose birth certificate they used has even been interviewed about it. This is old news.

[Philistine]

I note that the client has left for Iraq and has disassociated herself from her former "attorney" and is threatening to file a complaint with the bar association once she arrives in Iraq.

Given that this "attorney" has questionable credentials that are only acceptable in California, I don't think that's going to have any impact upon her future actions.

This part might, though: "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)."

This would suggest the next time opposing attorneys fees will be granted.

--Philistine

[Philistine]

Agreed... Ouch. So this poor unwilling Army doctor is now on the hook to her 'lawyer' for the cost of the trial. Let's see...
Based on my 'extensive' knowledge of the legal system from my over extensive viewing of such very lifelike shows like "Boston Legal" and "Perry Mason" she will probably have the following to pay for:
1-5 lawyers for the defense
10 + legal aids
probably 200+ hours of work for each person involved
court fees
I hope that her lawyer gave her the "we'll work for free" clause you see on all these ambulance chasers that advertise on TV (We'll get money for YOU!)

No, "costs" are different than fees. Costs are fairly minimal--court costs, witness subpoena costs, possibly court reporter fees, etc.

Attorneys fees are rarely ordered, and only if there is some statute or rule authorizing them (the Judge warned the lawyer that the next time she files a "similarly frivoulous" she will be subject to sanctions under rule 11 -- which does allow attorneys fees to be awarded).

--Philistine

[Fechter1]

Why investigate it?
It was exposed as a hoax months ago by the person who perpetrated the hoax. Remember it was an edited Australian birth certificate photoshopped up to look Kenyan. The Australian guy whose birth certificate they used has even been interviewed about it. This is old news.

How dare you bring up facts to stifle his righteous right-wing rage?

You should be ashamed of yourself for picking on him.

[migopod]

How dare you bring up facts to stifle his righteous right-wing rage?

You should be ashamed of yourself for picking on him.

I thought Chase and I were sharing a Teachable Moment(tm).

[lindajdunn]

I thought Chase and I were sharing a Teachable Moment(tm).

Without beer?

[migopod]

Without beer?

I'm shocked.
Are you accusing me of procuring alcohol for a minor?
Hey, is that a video camera in your handbag?

[lindajdunn]

I'm shocked.
Are you accusing me of procuring alcohol for a minor?
Hey, is that a video camera in your handbag?

Must...resist....straight line.

[migopod]

Must...resist....straight line.

What, you're just happy to see me?

[lindajdunn]

It just doesn't work as well when a woman says it.