Gosh, when Orly posted this:
ACTUAL ORDER FROM JUDGE CARTER:MY CASE BARNETT ET AL V OBAMA ET AL IS GOING TO TRIAL, DATES ARE FINAL, JANUARY 26 IS THE DATE FOR THE JURY TRIAL
Posted on | October 7, 2009 | 37 Comments
I guess she never dreamed she'd soon be reading this:
Order Regarding Defendants' Motion to Dismiss
CASE DISMISSED! Judge Carter shuts Orly down. Emphatically.
Actually, it was a No Good Very Bad WEEK for Orly. First, her Star Witness turned Socialist Traitor, then Bill O'Reilly called her a NUT!
To top it off, Judge Carter ruled against her in Keyes/Barnett vs. Obama, and dismissed the case. Worse, he said the magic words: "suborning perjury."
Orly has gotten off scot-free with her shenanagins to date (aside from the tragic, treasonous $20,000 fine from Judge Land). She's been hailed as the (Mad) Birther Queen. Her PayPal doth overflow with $5 donations. She's been interviewed and profiled and compared to a Greek goddess.
But with Judge Carter's dismissal, some serious trouble could lie in store for Orly.
Earlier this week, Lucas Smith, the Intrepid Birther Investigator who "discovered" the (debunked) Obama "Kenyan Birth Certificate," which Orly presented as evidence in court, turned against her and accused her of numerous ethical lapses, including:
V. On two separate occasions while Orly Taitz and I were having discussions she (Orly Taitz) brought up the idea that I (Lucas Smith) should give false testimony in open court that it was me (Lucas Smith) that also obtained, in Kenya, the 1964 Republic of Kenya Certified Copy of Registration of Birth of Barrack Hussein Obama II....
Orly Taitz went on to tell me that she'd strategically planned from the outset of her public release of the photograph of the 1964 Republic of Kenya Certified Copy of Registration of Birth of Barrack Hussein Obama II for the possibility foe me (Lucas Smith) vouching (at a later date) for having obtained this birth registration while I was in Kenya and furthermore that it was I (Lucas Smith) that gave her the color photograph of the birth registration, as well.
Lucas sent his Declaration to Judge Carter, who took note. It's a thoughtful, delicious Dismissal.
Defendants assert that the Court lacks subject matter jurisdiction in this action on five bases: (1) Plaintiffs have failed to demonstrate Article III standing; (2) the issues in this action present non-justiciable political questions; (3) this Court is not the appropriate forum for Plaintiffs’ quo warranto claims; (4) this Court does not have subject matter jurisdiction pursuant to 42 U.S.C. §§ 1983, 1988; and (5) Plaintiffs have failed to state a claim with respect to their Freedom of Information Act claims and all claims against Defendants Clinton, Gates, Michelle Obama, and Biden.
Carter dismissed all of the arguments regarding Standing of the Plaintiffs (Active & Retired Military Personnel, State Representatives, Federal Taxpayers and Relatives), with the exception of the Political Candidates (Drake, Keyes & Lightfoot) who were considered under the Redressibility issue. And dismissed.
There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, he became President of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President, either through impeachment or the succession process set forth in the Twenty-Fifth Amendment. Plaintiffs attempt to subvert this grant of power to Congress by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president–removal for any
reason–is within the province of Congress, not the courts.
Regarding Discovery and Freedom of Information Act Claims:
Plaintiffs 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. Such an analysis would seemingly favor the records of the United States..... All of the Defendants–President Obama, Michelle Obama, Secretary Clinton, Vice President Biden, and Secretary Gates–are individuals, not agencies. Therefore, Plaintiffs fail to state a claim against these individuals under FOIA and the claim is hereby DISMISSED.
Regarding Claims Against the Remaining Defendants:
Plaintiffs have also named Michelle Obama, Hillary Clinton, Joseph Biden, and Robert Gates as defendants. Plaintiffs made overtures at pleading a civil Racketeer Influenced and Corrupt Organizations Act (“RICO”) claim under 18 U.S.C. §§ 1961 et seq. against all Defendants. 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 “[b]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 least attempt 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.
Regarding Conduct of Plaintiffs’ Counsel:
The hearings have been interesting to say the least. Plaintiffs’ arguments through Taitz have generally failed to aid the Court. Instead, 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. 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. The Court has attempted to give Plaintiffs a voice and a chance to be heard by respecting their choice of counsel and by making every effort to discern the legal arguments of Plaintiffs’ counsel amongst the rhetoric. 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. While the original complaint in this matter was filed on January 20, 2009, Defendants were not properly served until August 25, 2009. Taitz successfully served Defendants only after the Court intervened on several occasions and requested that defense counsel make significant accommodations for her to effect service. 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. See Order Denying Pls.’ Mot. For Modification of Mag. J. Nakazato’s Aug. 6, 2009, Order; Denying Pls.’ Mot. to Recuse Mag. J. Nakazato; and Granting Ex Parte App. for Order Vacating Voluntary Dismissal (Sep. 8, 2009). Taitz also attempted to dismiss two of her clients against their wishes because she did not want to work with their new counsel. See id. Taitz encouraged her supporters to contact this Court, both via letters and phone calls. It was improper and unethical for her as an attorney to encourage her supporters to attempt to influence this Court’s decision. Despite these attempts to manipulate this Court, the Court has not considered any outside pleas to influence the Court’s decision.
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.
While the Court seeks to ensure that all interested parties have had the opportunity to be heard, the Court cannot condone the conduct of Plaintiffs’ counsel in her efforts to influence this Court.
Finally, Carter's DISPOSITION
Plaintiffs have expressed frustration with the notion that this case could be dismissed on separation of powers, political question, or standing grounds, asserting that these are mere “technicalities” obstructing Plaintiffs from being able to resolve the case on the merits of President Obama’s birth and constitutional qualifications. As the Supreme Court has stated, “It is indeed a singular misconception of the nature and character of our constitutional system of government to suggest that the settled distinction . . . between judicial authority over justiciable controversies and legislative power as to purely political questions tends to destroy the duty of the judiciary in proper cases to enforce the Constitution.” Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118, 149-150, 32 S. Ct. 224 (1912). Interpreting the Constitution is a serious and crucial task with which the federal courts of this nation have been entrusted under Article III. However, that very same Constitution puts limits on the reach of the federal courts. One of those limits is that the Constitution defines processes through which the President can be removed from office. The Constitution does not include a role for the Court in that process. 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 by “We the People”–over sixty-nine million of the people. 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. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.
Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.
IT IS SO ORDERED.
DATED: October 29, 2009
_____________________________
DAVID O. CARTER
United States District Judge
Orly, of course, is not taking this lying down. She will not give up until they ship her off to the FEMA Camps, i.e., the Gulag.
ORLY TAITZ SPEAKS OUT...
As many of you know, Judge Carter has issued an order to grant the motion to dismiss.
Clearly it is not the end of the road. We will continue. I need some time to study this order and provide full answer point by point. I will not give a full analysis of judge Carter’s orders at the moment. Today I was inundated with phone calls from different media outlets. Interviews were given to different affiliats of FOX radio, CBS, WND, LA Times, LA Daily Journal, City report, I don’t remember all of them. One interview I remebered. It was with Jessica Rosenthal from FOX radio. She asked me, when will I give up? I asked her in turn: “Jessica, when do you give up on the Constitution of this country? When do you give up on your constitutional rights for redress of grievances, for your right not to be defrauded by the government, not be treated as a slave?”
While I will not address the legal aspects of the order today, I will address a couple of issues relating to me personally, as I can see a concerted effort to assassinate my character similar to what was done to Sarah Palin, when she joined McCain, when within a day McCain-Palin ticket was 12 points ahead of Obama. What did Chicago combine do? They assassinated her character. So I have to address some of those issues, because it appears that the media has named me a leader of this movement. I am the only attorney, who brought legal actions from plaintiffs with real standing. I brought actions from active duty military and state representatives. My opposition see me as a threat. What was done? Some puppets were used to defame me, slander me, write garbage letters to judge Carter.
First of all I need to point that I never did anything unethical and never told anyone to do anything unethical. I was horrified to see that Judge Carter has mentioned in his order some complete garbage that was in some letters that he received. Those letters were a complete defamation of character, I had no opportunity to address those allegations, those were not part of the record, and it is extremely prejudicial for a judge to include this complete garbage in his order. If anything, this is definitely something that can and should be addressed on appeal. I hoped that this judge had more integrity of character, I guess I was wrong.
Another point – Judge Carter state in court and in his order that I told people to call him This is not true. Who told it to judge Carter?His new clerk, fresh out of Perkins Coie, law firm, that represented Obama, in some 100 cases?
There is another issue. There is a vicious circle that you see in a regime. There is no unbiased media. So far no one in our media had integrity of character to report on multiple social security numbers of Obama, even though it is a criminal offense, and with 39 social security numbers a person should be criminally prosecuted and should be serving a lengthy prson term. When media reports nothing, the public and the judges are misinformed. The judges are afraid to make decisions, that they think, will upset the public, and in turn, their timid and lopside decisions influence the media.
Citizens seem to have no voice, they have no standing to bring any legal actions in face of any fraud. They only have standing to pay taxes and pay for the judges, clerks, congress and senate who never address any issues. They should have no concerns about an inhabitant of the White house sporting 39 social security numbers, some are the social security numbers of the deceased. How long will it take for those citizens to revolt? Washington Post has written that 8 out of 10 Americans know about this issue. According to AOL-it’s 85%. This number is growing. How long will those people be silent? 4,5 million marched on Washington DC on September the 12th. How many will march next time around, when so many loose their jobs (half a million jobs every month officially) and probably double that number unofficially. When they loose their homes at a rate higher then the rate during great depression. When they become numb from hatred against this fraudulent usurper in the White House, corrupt politicians and corrupt judges. Who will stop them? A few snooty remarks on MSM and on the faithful to regime lap dog blogs like Politijab, Salon or Politico? When people loose their voice, when they are livid from the arrogance shown by the ruling elite, they simply revolt.
See you at the Veterans Day Protest Against Fox News, Orly! I'm looking foward to it! I'll be buying new eyelashes for the occasion. Lunch at the diner? Can Lucas join us? And Charles Edward Lincoln III? What about Mr. Kreep?