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Court Ruling in Berg v Obama appeal - In a word....

(on edit - first thing to go is the memory it seems. I had thought Berg had signed on to the two-parent theory, but I can't find it in my notes anywhere. Edited post to reflect this)

The Third Circuit Court of Appeals has made a ruling on Philip Berg's appeal of the granddaddy birther case, Berg v Obama.

Appeal denied.

(Precedential Opinion Scribd link here)

(Judgement Scribd link here)

The Precedential Opinion is 11 pages total.

"Before the 2008 presidential election, Berg sued then- Presidential candidate Barack Obama, the Democratic National Committee, and the Federal Election Commission, among others, alleging that Obama was ineligible to run for and serve as President because he was born in Kenya and therefore is not a “natural born citizen” within the meaning of Article II, Section 1, Clause 4 of the United States Constitution.1 Berg sought, in relevant part, a declaratory judgment that Obama was ineligible, an injunction barring Obama from running for that office,"

Among other claims, including the "Dudley DoRight" birth certificate and claims of Indonesian citizenship.

"...and an injunction barring the Democratic National Committee from nominating him."

In favour of the "more electable" Hillary Clinton.

A note on today

As the son and brother of veterans....

...to all those serving in the uniform of their countries, past and present...

...Thank you.

In Birtherstan, no one can hear you think - Birther Update

A congresscritter running for Governor appeals to the mouthbreather birther base, Dr. Orly has malware again and lies though her teeth in a possible court posting. Many of the birthers use what happened at Fort Hood as an excuse to let their racist freak-flags fly. Several are hitting up the Birtherstani faithful for money, open racists run wild on many birther blogs, Dr. Orly picks up a defender who may be an even more egotistical media whore than she is, and zebra fetishist Lynn Dartez goes all UFO conspiracy on us. And Dr. Orly stoops to a new record low and shows herself to be the egotistical racist bitch we always thought she was. Not to mention picks up a speeding ticket as well.

5 November - Congressman Nathan Deal (R - 9th congressional district of Georgia) seems to be running for Governor of Birtherstan

"[Comment From Tom Crawford]
Do you believe that Barack Obama is a native-born American citizen who is eligible to serve as president? I am asking because your comments on this issue have been a little ambiguous. I would appreciate your clearing this up.

Nathan Deal - I am joining several of my colleagues in the House in writing a letter to the President asking that he release a copy of his birth certificate so we can have an answer to this question."

Why this sudden doubt, well:

"Deal's campaign spokesman Harris Blackwood confirmed the authenticity of the chat to TPM, explaining the Congressman's comment: "There have been so many constituents, a lot of people have asked him, they ask him on the campaign trail. Let's just get an answer, that's all we're saying, not suggesting anything to the contrary."

How many freaking answers do you need??

BTW, it's interesting to note that Citizens for Responsibility and Ethics considers Nathan Deal to be the 4th most corrupt Congressman in the house right now.

Nathan Deal seems to have some issues, as marked by this comment:

"On Saturday morning, before a breakfast gathering of the Cherokee County GOP, congressman and candidate for governor Nathan Deal was describing his role in legislation to demand proof of citizenship for federal or state health care benefits.

Said Deal:

“We got all the complaints of the ghetto grandmothers who didn’t have birth certificates and all that. We wrote some very liberal language as to how you can verify it. My mother was born in 1906 and she didn’t have a birth certificate. They didn’t give birth certificates back then. But we got her one, because you can do it under the proper procedures of your state.”

Klassy with a K(KK)

Sickening

Yes, I'm aware of how Dr. Orly is using what happened at Fort Hood as an excuse to let her anti-Muslim freak flag fly.

Trust her to be such an egocentric bitch that she tries to milk the tragic deaths of people in order to justify her insane hatred of President Obama.

I'll comment more on this in my next update.

Pleadings? More like Excuses....

Dr. Orly posted this (Malware Warning) as being filed with upcoming pleadings. I figured it was interesting enough to warrant special attention. As in "I hope she does file this, because it's going to put another nail in her professional coffin".

"Declaration of Orly Taitz

1. My name is Orly Taitz. I am over 18 years old, am of sound mind and free of any mental disease or psychological impairment of any kind or condition."

That's a matter of opinion

"2. I am a citizen of the United States of America and a resident of the state of California."

Funny you've never provided any proof of being a US citizen

"3. I am an attorney and an officer of the court licensed in all courts of the state of California, Supreme Court of the United States, Federal District Court in the central District of the State of California and have practiced pro hac vice in the states of Texas, Pennsylvania and Georgia."

Ummm, no. You're Pro se in Pennsylvania, not Pro Hac Vice.

"4. This declaration is made in response to the October 29th order in above captioned case.
5. During the October 5 hearing in the above mentioned case Judge David O. Carter stated that I encouraged my supporters to call him.
6. I declare under penalty of perjury that this is not true."

Say hello to Mr. Perjury!! Because this blog, many, many, many others have documented you doing exactly that. You posted addresses and phone numbers on your highly moderated blog, and posted the emails and messages from your Cavity Creeps that DID call.

You lie like the rug on Gary Kreep's head. Especially when you postthings like this (web archive)

(Bold face mine)

"dr_taitz@yahoo.com
June 10th, 2009 @ 3:51 pm
see my post today, the court in CA corrected the clerical error, they show that Obama was supposed to answer on April 11, please call the court to inquire on the status. they shuld issue a default against him today"

You are a liar Dr. Orly.

"7. During the hearing I tried to protest this defamatory allegation against me and asked to speak. However, Judge Carter refused to let me speak and respond to this allegation."

He didn't let you finish??

"8. In the same order on page 29, Judge Carter has stated that he received letters with affidavits, claiming that I asked potential witnesses to perjure themselves.
9. I declare that this is absolutely and categorically not true, and it constitutes an outrageous defamatory and slanderous accusation. Those letters were ex parte communications, highly prejudicial against me and my clients and I had no opportunity to respond and deny those accusations."

Except they were publicly posted by Sinclair and Smith, and you had every chance to refute them publicly.

"10. I believe that the court referred to the letters from Larry Sinclair and Lucas Smith. Both parties were contacted and asked to be witnesses during the motion hearing on September 8, 2009.
11. I have asked Larry Sinclair to authenticate an affidavit he submitted to the Chicago police regarding the homicide of Mr. Donald Young. In fact, the statements to which Mr. Sinclair would testify are already a matter of public record."

As is Mr. Sinclair's past criminal record

"12. I asked Mr. Lucas Smith to authenticate Kenyan birth certificate for Mr. Barack Hussein Obama, which he previously tried to sell to the highest bidder on E-bay. Again, any allegations that I asked Mr. Smith to perjure himself is absolutely not true, defamatory and ludicrous, as he made this information available to the public long before he ever met me."

So are you refuting FKBC2 then?? Or are you still claiming that as gospel truth, and everything ELSE that Lucas Smith wrote is a lie?

Mind you, neither Larry Sinclair or Lucas Smith have anything even remotely close to credibility.

But then, neither does Dr. Orly.

"13. As of now I am the only attorney with the courage, integrity and strength of character "

Egotistical much Dr. Orly?

"...to not only bring forward information of Mr. Barack Obama not being eligible for the office of the presidency, but I am also to submit to court information from two licensed investigators, showing that Mr. Obama has used 39 different social security numbers according to national databases, including social security numbers of deceased individuals."

Ah, still beating THAT dead horse I see.

"14.I am bringing forward evidence showing that Mr. Barack Hussein Obama, sitting president, is guilty of multiple felonies, for which he might need to spend the rest of his life in prison."

LAUGH! O RLY?? You've been claiming that for almost a year now, and STILL have no credible evidence to back it up or support it.

"15. I believe, that I am being targeted in an effort to silence me, which involves targeting my law license in an attempt to try to prevent me from proceeding with legal actions on the above issues. "

Now THIS is interesting indeed. Because it suggests strongly she's heard from the California Bar Association and they may be Less Than Happy with her conduct.

Bed
Made
Lie

"I solemnly swear under penalty of perjury that all the facts stated and circumstances described above are true and correct statements."

Except for the parts that are bald-faced lies.

"Respectfully submitted,"

Not really.

You get the feeling Dr. Orly is starting to feel the heat???

Remember, Remember.......

A tip of the hat to today, and my friends in and from the UK.

Remember, remember the Fifth of November,
The Gunpowder Treason and Plot,
I know of no reason
Why the Gunpowder Treason
Should ever be forgot.

Guy Fawkes, Guy Fawkes, t'was his intent
To blow up the King and Parli'ment.
Three-score barrels of powder below
To prove old England's overthrow.

I'll take "Gods what an Asshole" for $500 Alex......

Rich guy dislikes poor people, wants local kids to "lose sleep" over plan to shut library

"Constantine "Connie" Xinos is the president of the home-owners' association in a gated community in the Chicago suburb of Oak Brook. He dislikes being near poor people (he successfully blocked a permit for a senior's home, stating, "I don't want to live next to poor people. I don't want poor people in my town"). He reportedly worked to elect an Oak Brook village council who would shut down the town library, which he also campaigned against. When local kids showed up at town meetings to ask that their library be left open, he is quoted as saying, "I don't care that you guys miss the librarian, and she was nice, and she helped you find books;" and to the library staff to "stop whining."

The librarians are now attempting to unionize under the Teamsters.

Sydney was upset and "her little friend was in tears" after Xinos spoke at the meeting last week, says mom Hope Sabbagha.

"I wanted that kid to lose sleep that night," a grinning Xinos says Wednesday, as he invites me for a nearly two-hour interview in his Mercedes-Benz in the gated Oak Brook community where he lives. "This is the real world and the lesson, you folks who brought your kids here, is if you want something, pay for it..."

Oh, and it gets better:

"He campaigned, successfully, against a plan to bring subsidized housing for seniors into town by declaring, "I don't want to live next to poor people. I don't want poor people in my town."

I'll repeat it, Gods what an asshole.

I Feel Sick.....

Something happened this morning that both sickened me and filled me with rage.

Every Halloween, as part of my beliefs, I make a donation of a local food bank. This is my way of honoring my ancestors and giving back some to my community.

This year, my eight-year old daughter came with me to purchase food on Halloween. We got a mix of canned fruits, veggies, meats, grains, and baking mix.

This morning we got to the food bank to drop off our donation. 19 pounds of food.

The woman there was thrilled to get it, as she has to use cash donations to buy things in bulk and the canned goods and baking mix is just what they can always use (that and diapers).

But while talking to my daughter. she mentioned about a little boy that came in who's mother was in tears about getting food from them.

A little boy who's tummy hurt.

A little boy who had been eating peanut butter on newspaper to try and keep his tummy feeling full. Which is why his tummy hurt.

Let me repeat that

Peanut butter on newspaper.

In a country that has the resources that the United States has. A country that produces large amounts of food, in which food is routinely thrown away. A country that claims obesity is a major epidemic, this mother and child had so little that the child was eating newspaper and peanut butter to keep his tummy full

That's an obscenity.

Thank goodness that food bank was able to help them. And I hope and pray that child never has to feel that level of hunger again.

But at the same time, I'm deeply ashamed that something like that would happen in My America, in a country that I love so much.

I'm want to say "we can do better than that". But in this case, we MUST do better than that.

Because there's no excuse for a child in this country to be that hungry.

Like chickens with their heads cut off - Birther Update

In today's report on the Birtherstani Mullahs, a betting pool for Dr. Orly, the Wall Street Journal, CNN, and the New Yorker comment on birther madness, Berg asks the appeals court to look at Judge Carter's ruling and gets slapped down, Dr. Orly does like hanging around people with questionable backgrounds, Charlon needs to get better tinfoil, Dr. Orly seems to have lieabetes, the Cavity Creeps think pissing off the IRS is a great legal idea, while they continue to harass Judge Carter, Lil' Davy-Crockett seems to be seeing Lil' Green Men, and disgraced ex-Naval Officer Fitzpatrick is stealing the treasonberries from the wardroom.

29 October - Howard Wasserman suggests a pool for Dr. Orly.

"Finally, the court (not sure if this is surprising or not) did not raise the issue of sanctions. But it leveled several criticisms at Taitz--including a suggestion that she urged political supporters to call and e-mail the court to tell him to decide the case a certain way and a suggestion (based on affidavits) that Taitz suborned perjury. So could some Rule 11 activity be far behind? Maybe we should start a pool on when Taitz loses that law license."

30 October - And the Wall Street Journal Law Blog reports on Dr. Orly's loss in Judge Carter's courtroom.

"We’re not sure it’s exactly newsworthy anymore when a lawsuit challenging President Obama’s election on the grounds that he wasn’t born in the U.S. gets dismissed. (Though rest assured, we’ll be all over it if and when one gains significant traction.)

But an opinion issued on Thursday dismissing one of these suits (this one, like others, brought by Orange County lawyer/dentist Orly Taitz) caught our attention.

Here’s why: the court made some interesting observations on separation of powers. Many of the suits brought on these grounds have been dismissed for so-called standing problems. (Click here for a nice piece from last year from Supreme Court reporter Jess Bravin on the issue of standing.) In Bravin’s words, “the Supreme Court has interpreted this to mean that courts . . . only should decide disputes where the plaintiff alleges “concrete” and “particularized” harm, rather than what Justice Antonin Scalia has called “purely psychological displeasure.” Citizens who have sued Obama have largely been found to have lacked standing. "

Looks like Pamela Barnett is trying to say "No, my attorney really isn't batshit crazy" though:

"7:28 pm October 30, 2009
o P. Barnett wrote:

I looked for many attorneys to represent us pro bono in Barnett v. Obama… Taitz is one of only a handful of attorneys in the country that puts love of the Constitution and our country above love of money.

So screw off all of you lazy liberal scum bag attorneys that only care about themselves.

AND THERE IS TONS OF FRAUD PROOF ON OBAMA (look at the docket through the PACER system), BUT THE DOJ IS RUN BY ERIC HOLDER - OBAMA’S LACKY. FOR ANYONE WHO KNOWS ANYTHING ABOUT COURT CASES, THEY WOULD KNOW THAT CARTER DID NOT CONSIDER ANY OF THE FRAUD EVIDENCE BECAUSE HE DISMISSED the case for OTHER ISSUES.

Carter’s argument for dismissal is not keeping with the job of the judiciary branch of our form of government. The judiciary is required to hear cases brought to them on the merits according to Marshall.

Evidence Obama has produced to prove he is a natural born citizen - a fraudulent Hawaii COLB - see the PACER docket.

Signed, Disabled Veteran CPT Pamela Barnett"

You mean the stuff Dr. Orly posted on PACER, that has absolutely nothing to back it up with?? Not to mention the long-since debunked claims from "Polarik" and "TechDude"??

Weapons-Grade Fail - Birther Update

(On Edit - ACK! Forgot to put the form tag in. No, I haven't gotten a case of Orlybloggitis.....)

see more Political Pictures

In the latest reports from Birtherstan, Mario Apuzzo appeals and Dr. Orly gets a "case dismissed" rock in her trick or treat bag, courtesy of Judge Carter. The Fantasy Tiddlywinks League has jumped on the military coup bandwagon, the Associated Press says "Nope, not our article, Bill O'Reilly gets on the bad side of the birtherstani, Stefan Cook has a new civilian job at Gitmo. James Manning goes over the top and says "If we let Obama live, America dies...", and Gary Kreep is less than thrilled by what Dr. Orly did to their case.

27 October - Sure enough, an appeal has been filed in Kerchner v Obama.

"Recently, the Hon. Jerome B. Simandle decided the Kerchner case, granting the defendants’ motion to dismiss the case. As I explained, through the dismissal, Judge Simandle avoided having to reach the merits of the question of whether Obama is an Article II “natural born Citizen” and eligible for the Office of President and Commander in Chief."

I suspect it was more he thought your theory was a complete load of hooey and dismissed it like the earlier birther cases.

"It is important to understand that the Court did not rule in the Kerchner case that Obama has conclusively proven that he was born in Hawaii."

They didn't need to, the State of Hawaii has confirmed it on several occasions.

"It is also important to understand that the Court did not rule that Obama is an Article II “natural born Citizen.”

They didn't need to, over 200 years of US law, case law, and court rulings have pretty much stated that a "Natural Born" citizen is a citizen at birth.

Did you bother reading Wong Kim Ark yet??

"A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications. "

No, but they can dismiss or reject based on the merits of the argument.\

"The case is now with the Third Circuit Court of Appeal in Philadelphia PA which court we hope will decide the real Kerchner case and thereby reverse the decision of the Federal District Court."

Isn't that the same court of appeal that Berg is appealing the first Berg v Obama case in?