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US judge knocks down 'birthers' challenge to Obama presidency'

Washington, Oct 30

President Barack Obama has room to relax a bit now with the dismissal of a challenge to his presidency in a lawsuit that claimed he is ineligible to the nation's highest office because he isn't a bona fide US citizen.

In a 30-page ruling, US District Judge David O. Carter of California threw out the case on technical grounds saying his court lacked the jurisdiction to rule on a case intended to unseat a sitting president.

The lawsuit represented the claim by the so-called "birthers" movement that Obama was not born in Hawaii - despite a birth certificate to the contrary - or that if he was, his citizenship was invalidated by living overseas as a child.

Carter's ruling said the plaintiffs were trying to persuade him to "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," the ruling said.

Carter's ruling also noted that the 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."

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

Last updated on Oct 30th, 2009 at 09:42 am IST--IANS


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By Peter at Oct 30, 2009 10:53 PM IST

Judge Land and now judge Carter, smack down the crazies (case dismissed), poor little Birthers.

Not even “Fake News” Bill O’Reilly believes the crazies, how funny.

http://belowthebeltway.com/2009/10/29/bill-oreilly-slams-orly-taitz/

To all the birthers in La, La Land, it is on you to prove to all of us that your assertion is true (TOUGH WHEN YOU KEEP LOSING CASES), if there are people who were there and support your position then show us the video (everyone has a price), either put up or frankly shut-up.

I heard that she now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC).

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By Jack at Oct 31, 2009 12:50 AM IST

CARTER IN A NUTSHELL: Expanded Orly Taitz default judgment case against CANDIDATE Obama for fraud into a Presidential Removal case against PRESIDENT Obama (promising a trial), but then ruled the Court lacks said Presidential Removal authority, not only dismissing the Judge-expanded Presidential Removal case (reneging on the trial), but throwing out Orly's Candidate fraud case as well -- all this on a red herring that Orly's case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09 and despite the Orly-alleged fraud was committed by Candidate Obama prior to becoming President and for which there is no Presidential immunity in any case. Thus Judge Carter set up and knocked down his own straw man, and misstated fact and law to bury Orly's actual case. Pretty nifty!!!

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By Peter at Nov 3, 2009 6:47 AM IST

I wonder if she is a mail order bride, just like her law degree? She is perfect reporter material for “Fake News”, where unfounded rumors and innuendo reign supreme , unlike a our US courts of law, where you need to present documented facts, not half baked lies (prepare for more failures).

A lawyer, dentist, realtor and black belt, wow I must say a JACK of all trades master of none.

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By Peter at Nov 3, 2009 11:38 PM IST

Jack:

You make me laugh, thanks.

Here is the point, your side has not won a case, I know, I know, you have real facts but when shown to a real judge he throws you out.

Now I get it your proof is on the internet (Make Believe) so when you get to a USA Court of Law (Real World) you lose.

Win a case and then many of us will start to believe, till then, you guys are seen as Jokesters, Crazies or just plain Racists.

Please find your tin hats and stop listening to the voices in your head.

Either put up or shutup!

Deal with that. But really thanks for the laughs.

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