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Suit dismissed, similar to O.C. Obama birthplace challenge
October 22nd, 2009, 1:21 pm · 54 Comments · posted by Martin Wisckol, Politics reporter
A U.S. district judge in New Jersey has thrown out a lawsuit similar to the one pending in Santa Ana, in which the legitimacy of Barack Obama’s presidency is being challenged with the allegation that he’s not a natural-born citizen.
Judge Jerome B. Simandle ruled Tuesday that the four plaintiffs in the New Jersey suit did not have standing to bring the suit because they would not be suffering “injury in fact” if Obama’s president was illegitimate. As regular citizens, Simonde said, they would not be suffering that injury.
Additionally, the plaintiff who is currently in the military - and said he needs to know that the commander in chief is legitimate before following orders - would also not be suffering injury, wrote Simonde in his dismissal order.
The ruling, like several others on similar lawsuits, means no trial will be held on the case.
Click here to read Simandle’s order and explanation.
Lawyers Orly Taitz’s and Gary Kreep’s 44 clients in the Santa Ana suit similarly cite the possibility of Obama’s illegitimacy as injurious to them. Many are also in the military.
One difference, however, is that plaintiffs in the Santa Ana suit include several third-party presidential candidates - including the American Independent Party running mates Alan Keyes and Wiley Drake. They say that their bid may have turned out differently had Obama not been running.
The judge in the Santa Ana case, David O. Carter, is currrently consider a motion to dismiss. That motion includes the same issue cited by Simandle, as well as arguing that the issue is one for Congress rather than the courts. It also argues that Keyes, Drake and other third party candidates had no chance of winning regardless of who the major party candidates were.
Here are some past stories:
Lawyer Orly Taitz tries patience of federal court
Obama birthplace lawyer fined for legal misconduct
Legal expert expects Taitz O.C. lawsuit to be dismissed
Obama’s Kenyan birth certificate alleged in O.C. lawsuit
Obama-birthplace lawsuit in O.C. plagued by infighting
One of O.C. attorney’s suits tossed in Obama birth debate
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DENA BUNIS, Washington bureau chief, 202-628-6381 or dbunis@ocregister.com
BRIAN JOSEPH, Sacramento correspondent, 916-449-6046 or bjoseph@ocregister.com
JENNIFER MUIR, County government reporter, 714-796-7813 or jmuir@ocregister.com
JOEL WALSH, Washington bureau intern, 202-628-6381 or jwalsh@ocregister.com
MARTIN WISCKOL, Politics reporter, 714-285-2867 or mwisckol@ocregister.com twitter.com/MartinWisckol
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yeah, why in the world would a soldier in our military need to know if his commander-in-chief is indeed a natural born citizen?! I mean really, the nerve.
what drugs is this judge smoking and where can the rest of us get some.
That is because he is a natural born citizen…wouldn’t you think that Hillary Clinton and the FBI would be the first to expose him during the primaries…what a waste of tax payers money and time.
There was no checking done by the FBI, according to an FBI interview.
Where have you been? Do you not see the corruption here? Hillary is a sell out, the FBI has nothing to dowith it. Pelosi certified the DNC nomination paperwork one way in HI and another way in the other 49 states. Get your head out of the sand and leave the Kool Aid alone. Your president is a FRAUD and the judges are scared of the Chicago Way.
Answer one question: If I am your prosective employer and I say to you “I like your resume’ and I think that you would be a valuable addition to our team. So let’s get the ball rolling. I will need a certified copy of your ORIGINAL birth certificate”.
SO…..Do you spend $10 and get me that certified copy or do you spend $1.4 MILLION DOLLARS to hide it?????
Whoaah there Nelly. We’re in agreement. Why’d you jump my bones?
There were 2 certified DNC nominations. Both signed by Pelosi. One stated that BO had met all requirements proving citizenship. The 2nd one left that part out. The 2nd one is the one that was filed. Both docs have been on the internet with all the signatures. The man is NOT a citizen or he would have proven so. You know how much of our taxpayer dollars he is spending to lie to us? If you want a muslim loving socialistic communist running making all your decisions for you, you need to go to Russia or Afganistan or Turkey or China. Happy people there. That’s why they have so many terrorists. Libs are so stupid, it’s sad.
Obama is a natural born citizen as his mother was an American at the time of birth…..Obama could have been born on the backside of the Moon and still be an American citizen……just like John McCain who was born in Panama.
Not true. The Constitution states that you either have to be born in the United States OR BOTH your parents have to be U.S. citizens. BO’s dad has never been a U.S. citizen. BO’s place of birth has never been proven. If he was born in Hawaii, he should produce a genuine COB, which he instead has spent millions of our taxes on legal fees trying to prevent just that. The Hawaiin doc is NOT a COB and even if the COB’s were burned, there are microfiche to prove it. Why hide it if he were really a citizen. McCain had to prove his, but BO didn’t? Is that racial???? Why don’t you people research the truth instead of believing what you want? There are 2 sides but with small brains, the truth is obvious…….unless you have an immoral agenda like most libs do.
Thank You to Orly for pursuing this case! She is one courageous woman. We have faith that Judge Carter will do the right thing and allow this case to go forward. The American people deserve to know who this Obama is and why he is hiding information from public view.
OCReader says:
Thank You to Orly for pursuing this case! She is one courageous woman
=============
Are you for real?
Orly Taitz is on the verge of losing her law license for misusing the legal system, and has a $20,000 sanction slapped on her bogus butt right now-Carter should sanction her j$20,000 ust like the SC federal judge did. And the losers at the CA Bar should yank her law license.
I agree. Judge Carter will do the right thing according to the thinking of the OC right wing nuts. Carter reads like a right wing nut wanting to advance his political view instead of following the rule of law.
Judge Carter is about as honorable as a person can be and will follow the law, not write the law like the east coast liberal, Smiandle did. With the attorney involved (Taitz) and more accusations than hard evidence, this is very likely not the case that will make the allegations stick. However, there are very competent and experienced investigative people quietly digging to get around the smoke and mirrors thrown up by the Democrats. It may take a while, because the President of the United States is a very powerful position. In the end, don’t be surprised to see the twin sisters, “Truth & Justice” show up together to rain on the Democrats parade of lies.
I agree with your comments OCReader. One may not like her bedside manner, but Orly Taitz can be applauded for her tenacity and perseverance, and sometimes that’s all that is needed.
One of these cases must result in Obama either stepping up and producing his docs, or stepping down.
I’m on record for Obama stepping down before he completely destroys our nation. We don’t need to be run by a Chicago gang of communists and thugs.
When you’re in the military, you enlist to serve your country for whatever amount of time is on your contract. Regardless of politics, or who the CIC is, this is what you have taken a sworn oath to do. If you have an issue with the CIC, then wait until your time is up and don’t re-enlist, or if an officer, submit your letter of resignation.
This is how things are done… you don’t go around b!tching and moaning because you’re not happy with who won the election.
Personally I couldn’t stand George W. and I definitely didn’t agree with his politics or choices about Iraq. When the time came to re-enlist, I opted out because I knew I couldn’t serve our CIC in good consciousness.
That’s not to say I’m real fond of our current CIC, but he was voted in and he’s the man in charge for now.
Most of these military members who are complaining should get the strictest punishment available under the Uniform Code of Military Justice.
Sorry, ma’am, an officer’s oath is to the Constitution, not to the POTUS.
When you are in the military you should expect that your CIC an American. MMMMMM MMMMMM MMMM Barack Hussain Obama was not born in America and is therefore ineligible to be the CIC. The purpose for only electing a natural born citizen to be the President is so that the CIC carries no aligence to any other country except the USA. And by the way this guy is running this country you can tell he has aligence to every other country except the USA. He has changed the ROE so that they can’t even fire upon the enemy unless they are being shot at. WTF is that about. We are there to fight and win a war. I would never encourage my kid to join the service as long as this USERPER still holds the office of President. The Constitution says to defend against foreign and domestic enemies. Maybe a branch of the Military could file a lawsuit and that would have some standing in one of the corrupt courts. They need to get him out of office before we turn into Europe.
Orly is a nut job. Have you ever seen her interviewed? She’s whacked! How can anyone take her seriously? Also, it’s been proven over and over and over and over and over and over again that the president is a citizen! Why flog this horse? Because there are some who can’t and won’t accept that he won the election in a landslide and oh, yeah, he’s black!
Sounds like you are prejudiced against self taught Russian women who understand what tyranny is all about.
Try looking at the subject matter, less at the messenger, and maybe that will help.
I bet you are too.
Guess what…. you’re not getting a check AND your earned income credit will be eaten up in fines if you don’t BUY YOUR OWN HEALTH CARE and GET OFF OUR BACKS!
I really don’t understand you.
My previous attempt to comment was blocked because I gave too many links. So much for an attempt to educate the public!
Nevermind, go ahead and be ignorant.
All I wanted to do was prove to you that there is a cause of action against Obama because in the Presidential Executive Order that he wrote and signed in to law in order to conceal his personal records, at the very bottom is a biling code, like many law firms use,
and this billing code proves that he billed the American Taxpayers for the cost of writing his Executive Order and enacting it into law,
which includes a lot of incredibly high priced attorneys at a lot of hours to craft this document.
Therefore, the American Taxpayer who is also a registered voter, has a legal cause of action in the U.S. Court of Federal Claims, and no I won’t dare give the Court link again because this O.C. Register prefers you to all be ingnorant and bans my comments that enlighten you all,
the American Taxpayer has a cause of action against Obama for alleged fraud in a fiduciary capacity for enacting a law, a Presidential Executive Order, for the sole purpose of concealing from registered voters who are also taxpayers, Obama’s personal records
which the voter-taxpayers need
and have a right to
in order to determine if the U.S. Congress committed fraud in a fiduciary capacity for failure to determine if Obama is a dual citizen;
and the dual citizen issue is serious because many members of U.S. Congress may be dual citizens of Israel (such as possibly Bernie Sanders, Patrick Leahy whose mother is Jewish and under Jewish law that makes him Jewish), particularly it is possible that Pelosi is a dual citizen of Israel and not Constitutionally proper for Speaker of the House - 3rd in line to the President.
etc., Shame on O.C. Register for banning comments with links that educate voters.
We have a serious issue of CONFLICT OF INTEREST when the President may be a dual citizen of another country, and 3rd in line to the President, Pelosi may be a dual citizen of Israel, etc.
As far as I know, no emails are blocked because of too many links. Did you get some kind of notification to that effect? If so, let me know - because it’s news to me. Usually, I’ll block comments if there are profanities, acronyms for profanities, profanties with letters omitted, attacks on other commenters, personal insults to other commenters, or if there are threats of death or physical harm to anyone. There are a few other reasons, but these are the most common ones.
please keep the downward spiral going.
I love to see a party, and movement eat itself.
People remember the day of the cynical do nothing republicans, in short time they will be a thing of the past. a distant memory of the insanity that we once allowed….
just a little bit longer…
I have no idea what you are saying. Can you elaborate, please.
If everyone is sure he’s a citizen, why worry? I think obama is a threat to all of us regardless if he’s a citizen or not.
You are SO right. Karl Marx (the communist creator for you libs who believe hype without research) said in his books that the way to create a communistic government was to spend the country’s money to the point that the debt undermines the monetary value to nothing. Since citizens would no longer have anything of value in dollars, the government comes in with “imminent domain” (which is illegal according to our constitution) and takes over everything to pay off it’s “debts”. We then own nothing and are lucky to receive what our government determines is appropriate. Know of any communistic government with happy citizens? BO is rapidly “buyng”/controlling our industries, salaries, medical care, etc. He apologizes for our upright values and undermines our core Christian religion. Wise up libs! You’re killing our country.
You Foolish people are drowning in his KoolAid…
That’s for sure GN. Wonder if they have figured out just how many taxes obama and his minions have foisted on them yet. I guess wait till tax time and they are gonna find out.
Not to many constitutional people here. Guess we will have to wait see what Judge carter thinks. So far Obama IS going to trial. Guess they really have no idea just how many communist and undesirables are hand picked by obama himself. The czars. what the hell is going to happen? Taking over banks, car companies, and other private industry.
He wants the public to knuckle down to his healthcare bill selling it as a “right” (which it is not) but I doubt they have read it. Bet most of you didn’t know pelosi was indicted last week either did you? For fraud to answer your question.
Bet ya didn’t know how far outside of the constitution they all are did ya? Of course not you haven’t bothered to read it.
I hope he gets whats comin to him.
Not so fast, apparently Judge Carter has ordered discovery.
AXJ ROCKS…Where did you hear that? It is great news if it is true!
Complete and utter horse poop.
HUSSEIN OBAMA LIES WHEN SAYING HIS HEALTHCARE PLAN WOULD NOT COVER ILLEGAL IMMIGRANTS!!
Obama never wants to enforce immigration laws and illegal immigrants keep receiving welfare and health care benefits as in the case of Obama’s aunt Zeituni Onyango, an illegal immigrant from Kenya yet still living in taxpayer-funded public housing in Boston. In fact, Obama, with his immigration reform, wants to naturalize twelve million illegal immigrants so they can vote for his Democratic Party.
I think the health bill coverage of illegal aliens issue is bogus. The illegals will merely continue to use the Emergency Rooms. They’re covered now.
The only way to stop the illegals from getting free medical coverage is to get rid of the illegals or change the laws forcing the ERs to accept everyone regardless of their status or medical coverage.
Easy to suggest, challenging to do, while we are in this ‘feelings’ and ‘fairness’ mode of governance. And, yes, I have been accused of being a heartless pragmatist, but it seems to work well for me and for people around me.
Have you seen this joke:
Obama says we are not calling illegal aliens by that name anymore - now they are called undocumented Democrats.
Fitting, don’t you think?
Another one bites the dust.
How does one go from beng a British Citizen at birth to being a natural born United States citizen. Obama says he was born a British Citizen.
If the plaintiff has no standing and/or cannot demonstrate personal injury or harm,this kind of suit is going absolutely nowhere——just wait and see.
IT IS PRETTY SAD WHEN AMERICAN CITIZENS HAVING NO STANDING IN THE COURTS WHEN OUR FUTURE IS AT STAKE. SHAME ON THESE JUDGES.
Pleas cite your source,I don’t recall Obama ever making that statement.
Doesn’t a suit dismissed for lack of standing means the court won’t even consider the merits of the arguments outside of that? But what would happen if they were considered and found valid? Would a court order Obama out of office? I think it would be better to just remove the provision from the constitution. It’s anachronistic and unneeded. I don’t think where Obama was born would have affected almost anyone’s vote.
Correct on the standing/merits comment. If found guilty of usurpation, Obama would have to leave office, Biden would probably assume command, and we would have to look at everything Obama has done and determine if it has to be undone or reversed.
We’ve never had a case like this before (possible exception would be Chester Arthur who lied about his birthplace), so a lot of the ground we cover this time is new ground.
The eligibility issue is the single most important legal issue in the United States today (The Democratic Congress will not address this issue, saying it is not political). The ‘natural born citizen’ provision is in the Constitution for a reason - to prevent someone with divided loyalties from becoming president. And, guess what. That’s exactly what has happened. Now were faced with proving the usurpation of our country and the shadow government is fighting back against the American people with every trick they can think of and use against us.
Bottom line: We need the provision.
Obama was confirmed by the full congress, the Electoral College, even the Vice President, per the Constitution.
Not a single vote of dissent .
That’s over 500 politicians/lawyers/electors.
His father’s citizenship was always public knowledge.
Now you are trying to circumvent that confirmation by turning to the Judiciary.
Only the judiciary can’t do anything, because the constitution doesn’t give them any authority over Presidential selection/confirmation matters.
That power rests only with Congress. Again, per the constitution.
It’s like, a year after the Superbowl, watching a pack of disgruntled fans taking the NFL to court to overturn the game results over a referee decision they didn’t agree with. Plus, 500 other referees polled agreed that it was a good call.
The Democratic Congress refuses to address the issue, saying it is a judicial issue. The courts are suggesting that it is a political issue.
The three branches of government are meant to provide checks and balances against unlawful practices by either of the other two branches.
This issue has been attacked by Obama and various powers within and without government to keep it from attaining a level of legitimacy. Looks like the manipulation has worked on you pretty well.
Orly needs a paralegal or legal assistant to do paper work for her,attorneys don’t usually do their own. All obama needs to do release records if he has them and this would be over with one way or the other. Jude Carter is a fair and honest Judge and I hope he hears this case. And why does the OCR only keep articles about this case up for just a few minutes?
She has a “law clerk,” in disbarred attorney Charles Lincoln, also, reportedly her lover.
You know when you are beating an opponent when he starts the personal attacks because he has nothing else to offer.
Juan, if you were talking to me I’m saying by apologizing for the US he makes us look weak and he is dragging us down the road to socialism. Doesn’t it worry you that he surrounds himself with communist and the Rev. Wright who preaches hate? It does me. He tries to silence free speech by trying to get both Glenn Beck and Lou Dobbs taken off the air.
Vicky, I don’t think I responded to any of your comments. You and I are on the same team of reason, logic, and common sense.
Everything Obama stands for and everything he does is of huge concern to me. Having said that, the shadow government that feeds him money and resources may be even worse, and for us the challenge is to identify these behind-the-scenes outlaws and to expose them for what they are. Yes, I’m thinking of people just like George Soros.
BTW, Glenn Beck is doing a great job of exposing this corruption and unlawful activity associated with this administration and with the Democratic Party, and I applaud him for his and Fox’s efforts to regain American freedom and prosperity for us and for our children.
Who in their right mind would go see Taitz for dental work? She’s going to need a lot of new patients to pay the court fees and fines when this finally gets tossed out for the last time.
I hope Obama’s team sues her for their fees too. Loser’s should always have to pay expenses in frivolous lawsuits.
Yeah, you better hope. BO’s spending your tax money to AVOID producing the truth. Want your money back? I do.
they WONT sue her because then they would have to let her see the BC….kinda says something
I have no opinion either way, I only wish that he would not spend so much money trying to keep everything a secret. I am sure there is nothing to hide so WHY hide it?
Although I don’t like the Judges decision that “No one is injured” if it’s true? Hello! Soldier! Killing people!
Just look at it this way John McCain said he saw proof that Obama is a US naturalized citizen, These were National Security documents showing Barack Obama was a spy for the Central Intelligence Agency That he was an asset within Islamic certain organizations. So a few alternate identities were created for him.
Just kidding, But John McCain did see proof and was satisfied with it and he isn’t very fond of Barack . I believe that! Hilary and all the others that don’t like him would have had a field day with it…. Great novel? I’ll have lunch with Howard Hughes and the Illuminati guys and we’ll write it out. Hmmm, Plausible denyability?
Or you can believe South Parks Version! Either way, Relax! He has a Nobel Prize! For Future intentions!
I would love to see the birth records. He is hideing something