Saturday, February 27, 2010

Taitz v. Obama, Defendants Motion to Dismiss

Full text here

Well it looks like Orly, who claimed to be a “Well known Constitutional Attorney”, doesn’t actually know shit about the Constitution, or the law. No great surprise there. Lets look at a few excerpts from the motion to dismiss:

“Dr Taitz’s complaint suffers from exactly the same defects that doomed many of her previous litigation efforts. Simply put, her allegations about the President’s citizenship are not a concrete and particularized injury as required to establish standing under the “case or controversy” requirement of Article III and the harms that she has suffered from judicial and/or bar sanctions for her conduct in litigation are the consequences of her own actions and not in any way traceable to any legal claim cognizable against Defendant.”

In other words, her allegations are completely full of shit and she’s out of her friggin mind if she thinks Obama is responsible for her ignorance.

“In her complaint, plaintiff has entirely failed to establish her standing to sue.”

Well, that would probably be because she doesn’t have any, imagine that!

“Plaintiff presents a rambling set of unsubstantiated conspiratorial allegations to support her claim that she has somehow been “injured” through her prior efforts to litigate the President’s eligibility for office including, inter alia, that she suffered “vicious attacks coming from the media,” that an “emissions hose” in her car “was disconnected,” that certain private individuals “”submitted [sic] perjured affidavits… and forged her signature,” and that “her paypal account was tampered with.” Complaint at 2-3. Of these, only the harm that conceivably stems from official action on the part of any governmental entity is her claim that “when she brought two legal actions in the Middle District of Georgia… she was sanctioned $20,000.” Complaint at 3.

This injury is not traceable to any action of the Defendant, but stems instead from her decisions to file repeatedly, frivolous motions in district court in the Middle District of Georgia, even after being warned by that court.”

In other words, she’s a babbling fucking idiot and any injury she has suffered as a result of sanctions is a direct result of her own stupidity and her own actions, and nothing what so ever to do with Obama.

I love this bit…

“According to the text of the Constitution, the issues Plaintiff seeks to raise in this case regarding both whether President Obama is a “natural born citizen of the United States,” and therefore qualified to be President, are to be judged (if at all), by other parts of the government than the judiciary.”

Now given that she claims to be a “Constitutional lawyer”, you’d think she would get this basic concept since it is specifically outlined in the Constitution. It then goes on to explain (probably for her personal benefit) exactly how that works, who is responsible for raising that question and who is responsible for addressing it, and “when”.

It attempts to explain that “if” your dumb ass has any “legitimate” objections, questions or doubts, you have to say so “before” the candidate actually takes office. Of course attempting to explain anything to Orly Taitz is about as productive as banging your head on a pole.

“Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made… shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.

3 U.S.C § 15. The statute is clear that Congress adjudicates all challenges to the counting of Electoral votes for president.

In summary, the text of the Constitution and the relevant statutory law make plain that challenges to the qualifications of a candidate for President can, in the first instance, be presented to the voting public before the election, and once the election is over, can be raised as objections as the Electoral votes are counted in the Congress. Therefore, challenges such as those raised in this case are committed to the electors, and to the Legislative Branch.”

But HELLO, after the President is already in office, it’s to late! It’s a bit like walking into an empty church the day after a wedding, and shouting; “I Object”! Well, go ahead and object, no one gives a shit because your objection is irrelevant.

And even if any of these Birthtards did make their “rambling set of unsubstantiated conspiratorial allegations” at the proper time it would have been just as irrelevant then as it is now because its nothing but hearsay and hogwash!

Orly’s response:

“Latest development in US District court in the District of Columbia

Posted on
February 26, 2010

Mr. Obama has responded today. I have to say that they didn’t drag their feet and responded within 10 days since the Application was posted on the docket. The pleadings are signed by 3 US attorneys: Ronald Machen, Rudolph Contreras and Alan Burch.

As expected, they filed an opposition to the application for preliminary injunction and motion to dismiss.

There are 7 exhibits and a total of 94 pages. I am in my office now and I am actually seeing patients. I will be having dinner with my family and I will take a red eye to FL, as I am speaking in Daytona, at the Volusia county freedom fair. I will read all the pleadings and exhibits at night, on the planes. I will submit my reply and other necessary papers in due time.

I appreciate everybody’s support. I should have written the names of the people, who help me, but I am really swamped, I will do it later.

thanks again
Orly”

In due time? Hummm, sounds a bit like some of the winds has been taken out of her sails. Could it be that her little encounter with the bar had something to do with that?

Well… provided she still has a license to practice law when she does get around to it, it will be as entertaining and absurd as all her other “filings” have been I’m sure.

2 comments:

  1. How much anemic squitter can the missing Gabor sister have in reserve? And what exactly is the term for a non-lawyer filing briefs?

    Can you say "pro se"?

    ReplyDelete
  2. You really crack me up, Ms. Daisy. I'm so glad I found your blog : )

    ReplyDelete