Thread: BREAKING NEWS Federal court rejects 'birther' challenge to Obama presidency

All the L.A. Times has so far is the headline. Story to follow.

BREAKING NEWS Federal court rejects 'birther' challenge to Obama presidency
http://www.latimes.com/

Birther' bid to challenge Obama's right to be president rejected
December 22, 2011 | 10:51 am

Opponents of President Obama can't take him to court to answer their claims that he wasn't born in the United States, a federal appeals court ruled Thursday.

None of the dozens of so-called "birthers" who filed a federal lawsuit against Obama has the right to sue the president because none has suffered any injury that the court could heal with a ruling, a three-judge panel of the U.S. 9th Circuit Court of Appeals said in upholding a lower court's dismissal of their lawsuit.
Among those challenging Obama's eligibility for the presidency is Wiley Drake, a Buena Park minister who once called on his First Southern Baptist flock to pray for Obama's death, and the American Independent Party's 2008 presidential candidate, Alan Keyes.

The 9th Circuit judges said that even political candidates who argued that they were unfairly disadvantaged by the competition from someone ineligible to run for the office would have had a case only if they had brought it before the election, not after.

The birthers converged on the 9th Circuit's Pasadena courthouse in May to air their grievances against the president, whom they contend falsified his Hawaii birth certificate and was actually born in Africa.
The judges noted at the hearing as well as in their ruling Thursday that, aside from the plaintiffs' lack of standing, the challenge of Obama's legitimacy to serve as president is a political question beyond any federal court's power to decide. Any legal challenge would have to be brought by the U.S. attorney general, the court said.

http://latimesblogs.latimes.com/lano...-birthers.html

Well, as Gomer Pyle says.... Surprise, surprise... not

RELATED

Birthers Hail Judge’s Decision That Could “Depose” Obama

Paul Joseph Watson
Infowars.com
Wednesday, January 4, 2012

Birthers are hailing a decision by a judge in Georgia that could see Barack Obama struck from the presidential state ballot if Obama fails to prove that he fulfils the ‘natural born citizen’ constitutional requirement to be President.

“Deputy Chief Judge Michael Malihi in the Office of State Administrative Hearings denied a motion by Obama asking to dismiss the complaint that seeks to keep his name off the state ballot during the March presidential primary. The judge’s decision now sets the stage for a Jan. 26 hearing on the issue in Fulton County,” reports the Columbus Ledger-Enquirer.

The complaint was originally filed by Orly Taitz on behalf of a Georgia resident. Taitz, a prominent ‘birther’ who previously represented two soldiers who refused to deploy to Afghanistan over their doubts that Obama is a natural born U.S. citizen and therefore ineligible to be commander in chief, lauded the judge’s ruling.

“I can now depose Obama and everybody else (i)nvolved without any impediment,” the California attorney posted on her website.

Taitz, along with several other Georgia residents, will now be able to present their evidence that Obama was not born in the United States in a court of law – unless the ruling is overturned on appeal before January 26.

The case, Farrar v Obama, was also brought by J. Mark Hatfield, a Republican state representative who last year failed to pass a bill that would have required presidential candidates to submit proof of qualifications.

“The Georgia Election Code (the “Code”) mandates that “[e]very candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought,” stated the ruling in response to President Obama’s attempt to have the case dismissed.

Despite the White House being forced to release a purported copy of Obama’s birth certificate last year, the controversy has yet to completely die down.

One time Republican presidential candidate Donald Trump repeatedly raised questions surrounding Obama’s background during the spring of 2011 before going cold on the issue, a move prominent ‘birther’ and author Jerome Corsi claimed was an organized political stunt to neutralize the issue.

The release of Corsi’s best-selling book, Where’s the Birth Certificate?, coincided with the White House deciding to release Obama’s alleged long form birth certificate. Corsi points to evidence that the document is a forgery created using modern computer techniques and has numerous discrepancies with a genuine 1961 birth certificate created by a typewriter.

Source: http://www.infowars.com/birthers-hai...-depose-obama/

'Birther' lawsuit has setback

Jan 03, 2012 by Bob Allen

WASHINGTON (ABP) – California pastor Wiley Drake’s three-year legal battle challenging President Obama’s eligibility received a setback Dec. 22, when the U.S. 9th Circuit Court of Appeals said he and other plaintiffs lacked legal standing to file their complaint.

A three-judge panel of the federal court based in Washington upheld a central California district court’s October 2009 dismissal of the lawsuit filed Jan. 20, 2009, the day Barack Obama was sworn in as president, but for slightly different reasons.

U.S. District Judge David Carter had said the plaintiffs lacked standing because Congress – not federal courts – has authority to remove a sitting president. The appellate court didn’t dispute the “redressability” issue cited by the lower court but added that in order to have standing the plaintiffs should have filed the lawsuit prior to the November 2008 election.

Drake, pastor of First Southern Baptist Church in Buena Park, Calif., ran as Alan Keyes' running mate on the American Independent Party's ticket in 2008. Along with party officials, they argued in the complaint that the race wasn’t fair because the winning candidate shouldn’t have been allowed to run. Claiming Obama does not meet the constitutional requirement that the president must be a “natural born citizen,” Drake and Keyes claimed an interest in having a fair competition for the positions they sought to obtain.

The appellate court said that once the 2008 general election was over, Drake and Keyes were no longer “candidates” who could claim they would be injured by the “potential loss of an election.”

“The political candidates failed to establish redressability sufficient to establish standing,” the judges ruled. “They cannot claim competitive standing because they were no longer candidates when they filed their complaint.”

Orly Taitz, one of the plaintiffs' lawyers, told reporters outside the courthouse she would ask the appeals court to convene a full 11-judge panel to review the case and if denied she would appeal to the Supreme Court.

The lawsuit is one of a number of so-called "birther" lawsuits against Obama's election filed by individuals or groups who disbelieve the president's claim that he was born in Hawaii to an American mother, thus establishing his citizenship. So far none has succeeded.

Drake, 69, who served as second vice president of the Southern Baptist Convention in 2007-2008, has been a fixture at floor microphones during business sessions at the SBC annual meeting since the 1990s. He was a driving force behind the convention’s 1997 boycott of the Disney Company because of its gay-friendly corporate policies. In 2005 the convention called off the boycott, declaring it a success.

Once celebrated as a symbol of the small-church pastor who sacrificed to travel to SBC annual meetings to cast ballots for conservative candidates during a leadership change known to the winners as the “conservative resurgence” and to the losers as a “fundamentalist takeover, Drake’s reputation became tarnished after he said on the Alan Colmes Show on June 2, 2009, that he was praying for President Obama to die.

SBC leaders distanced themselves from the comment, describing Drake’s views as outside the mainstream. At the 2011 SBC annual meeting in Phoenix, the convention passed a resolution on “civil discourse” that denounced unspecified groups and individuals who have gained publicity by tactics including “calling for prayers for the deaths of public officials.”

On Jan. 3 Drake sent out an e-mail announcing he is the official presidential candidate of the American Independent Party, a conservative alternative to the Republican Party established in 1967.

http://www.christiancentury.org/arti...it-has-setback

‘Birther’ suit should be tossed

Posted: Friday, January 6, 2012 2:27 pm

The lawsuit a Birmingham man filed against the Alabama Democratic Party chairman in regards to President Barack Obama's citizenship should be dismissed - quickly.

Albert E. Hendershot is suing to get Obama's name removed from the Democratic primary ballot when Alabamians vote on March 13.

The Birmingham News reported Hendershot claims "staggering" evidence that Obama doesn't meet the Constitutional requirement for a president to be a natural-born citizen of the United States.

He claims Obama is using a fake Social Security card and a forged birth certificate.

Those claims shouldn't be given credence.

Like it or not, Obama was duly elected president in 2008 with an overwhelming majority of votes in the Electoral College.

All through that campaign, and into his term of office, questions about Obama's citizenship have dogged him. Finally, in late April, he had enough.

The president's lawyers went to Hawaii and brought back a copy of his long-form birth certificate. It proves he was born in Hawaii, as was claimed in a Honolulu newspaper at the time.

The News reported Friday that a well-known lawyer in the "birther" movement, Orly Tatiz, has joined the case and will represent Hendershot. Tatiz has represented other cases against Obama's citizenship, and none have been successful.

Currently, the country is in the midst of choosing the candidates who will run for the White House later this year. Obama will be the Democratic nominee, barring some unforeseen circumstance, and the Republicans are choosing their candidate now.

People who want Obama out of the Oval Office should focus their energies on politics. Work to get out the vote against Obama and sweep him out of office in November. In the meantime, suits like Hendershot's are merely clogging our court system and causing a nuisance.

Judge Helen Shores Lee, of the the Jefferson County Circuit Court, should toss this case in short order so that cases based in some reality can be heard instead.

http://times-journal.com/opinion/art...871e3ce6c.html

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Mitt Romney Not a Natural Born US Citizen, his father born in Mexico

http://www.alipac.us/threads/247484-...31#post1247831

I'm SHOCKED! Shocked I tell ya ...

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New Hampshire lawmakers question Obama’s citizenship

http://www.alipac.us/threads/247801-...66#post1249066

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Seel plans scaled-down ‘birther’ bill

By Caitlin Coakley Beckner

Published: January 10, 2012 at 6:08 pm

One of Arizona’s more notorious bills from last session will be resurrected this year. Rep. Carl Seel, R-Phoenix, plans to introduce a new version of his so-called “birther” bill that was vetoed last year by Gov. Jan Brewer. The bill passed the Legislature with unanimous GOP support, but Brewer wrote that by requiring the Secretary of State …

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Seel plans scaled-down