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Government weighs in on Keyes lawsuit

Keyes v. Obama et al

Keyes v. Obama et al

Obama Conspiracy Theories has been watching the downward spiral of Orly Taitz’s lawsuit, Keyes v. Obama et al, in the Central California District Court. I warned her last April both on her blog in a censored comment and here that she had not met the requirements for service.

Now the Department of Justice has filed a “Statement of Interest” saying exactly that.

They said:

Indeed, it strains credulity past the breaking point to conclude that an otherwise unidentified mail clerk in the Department of Justice would have been authorized through appointment by Defendant Obama, or by law, to receive service of process on Defendant Obama’s behalf in cases where he was sued only in his private, individual capacity.

Love that phrase: “strains credulity.” No wonder I’ve had those pains when I visit Orly’s web site…my credulity has been strained.

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102 Responses to Government weighs in on Keyes lawsuit

  1. avatar
    kimba July 7, 2009 at 11:05 pm #

    IANAL, but I enjoyed this immensely:
    “While the Complaint is not a model of clear pleading…”

  2. avatar
    Bob July 7, 2009 at 11:08 pm #

    I liked

    “Plaintiffs’ Motion for Reconsideration is without merit factually, legally or logically….”

  3. avatar
    mimi July 8, 2009 at 12:24 am #

    My favorite Orly quote: “details don’t matter”.

    They kinda do, Orly.

  4. avatar
    mimi July 8, 2009 at 12:37 am #

    Orly has posted The title cover on her blog. Either she has no idea what the document means, or she does understand, but wants her followers to believe that the Letter of Interest indicates that the DOJ is behind her efforts.

    I really couldn’t say.

  5. avatar
    brygenon July 8, 2009 at 3:14 am #

    Note to self: When in need of a lawyer, don’t hire a dentist.

    Could she be farther out of her league? She wants to prosecute the case of the century while she cannot understand the rules for serving papers.

  6. avatar
    misha July 8, 2009 at 8:33 am #

    She’s a “graduate” of the Taft Law School, a world renowned correspondence outfit and diploma mill, which unfortunately is not accredited.

    I would not go to her to have my teeth cleaned, much less have her litigate anything.

  7. avatar
    Doug Mataconis July 8, 2009 at 9:38 am #

    I tend to lean more toward the deliberately deceiving supporters theory.

  8. avatar
    kimba July 8, 2009 at 9:51 am #

    It is telling that instead of doing what she needs to do to insure Obama is properly served, she’s still arguing he WAS already served and spends her time ranting about Israel and the Palestinians. I hope her followers recognize where her true interest lies. By the way, she is back on Paypal!

  9. avatar
    Doug Mataconis July 8, 2009 at 9:56 am #

    kimba,

    Her followers are far too dense to figure out what her real agenda is

  10. avatar
    SvenMagnussen July 8, 2009 at 10:10 am #

    Let me see if I got this straight. The usurper insulated himself from process of service with armed guards, fences, electronic surveillance, etc. Later, the government argues it is incumbent upon the server to modify service, serve an identified government agency and then criticize the server for following instructions from the people authorized to speak for the usurper.

    The government’s argument Candidate Keyes is really suing President Obama and not Candidate Obama is laughable. Candidate Keyes’ complaint about Candidate Obama’s eligibility began before any Electoral vote had been cast.

    It is an Elector’s duty to determine a candidate’s eligibility before a ballot is cast. Candidate Keyes is asserting it is also a candidate’s duty to investigate his or her own eligibility and refuse to be sworn in if he or she is not eligible to uphold the sworn affirmation to protect and defend the Constitution.

    SCOTUS will rule on this case in the fall.

  11. avatar
    richCares July 8, 2009 at 10:30 am #

    “SCOTUS will rule on this case in the fall.”

    if they do, the ruling will be “denial” and “sanctions” will be enforced. the state case was lost and costs given and sven thinks an appeal may work. Sven you neeed to do something about your delusions, you need to do one of the following:
    1. stop taking drugs
    2. start taking your meds
    3. go to the bishop and be exorcised
    4. enroll in an anger managemwnt program
    which one is it?

  12. avatar
    kimba July 8, 2009 at 10:40 am #

    “The usurper insulated himself from process of service with armed guards, fences, electronic surveillance, etc. Later, the government argues it is incumbent upon the server to modify service, serve an identified government agency and then criticize the server for following instructions from the people authorized to speak for the usurper.”

    Oh Sven,you are my comic relief. Tell us you didn’t honestly think someone would walk up to the White House gate with a packet of paper, say “I’m here to serve Orly’s suit on Barack Obama” and the gates would open and she would be shown right in to the Oval Office? Did you really? And you believe that the President of the United States created after Jan 20th a before-non-existent system of protection by the Secret Service et al simply to fend off birthers?

    The Judge told Orly the exact procedure by which she needed to serve the defendants in her case before July 13th. It’s her own fault she ignored him and chose instead to dig in her heels. Keyes is getting exactly what he’s paid for. Oh, that’s right, Keyes isn’t paying her.

    If the SC does indeed rule on this case in the fall, will you then accept their ruling?

  13. avatar
    misha July 8, 2009 at 10:44 am #

    I wish judges would start ordering sanctions against these plaintiffs. Once they start getting hit with defense costs, they’ll crawl back under their rocks, for good.

    These sore losers think they can harass Obama out of office. That one judge let Hemenway off the hook, which emboldened others.

    Time to stop it.

  14. avatar
    misha July 8, 2009 at 10:54 am #

    “If the SC does indeed rule on this case in the fall, will you then accept their ruling?”

    Of course he won’t, and neither will any of the other reptiles. They’ll NEVER give in. And once Obama is out of office in 2016, they’ll harass him with more frivilous suits. Congress will end up passing a bill giving him lifetime SS protection, because of these shrill cretins.

    Orly isn’t even a good dentist. She should go back to Moldova with Avigdor Liberman, and let them comiserate.

    Orly hates Obama so much she is willing to overlook that Andy Martin is a vicious anti-Semite. She deserves whatever she gets.

  15. avatar
    Bob July 8, 2009 at 11:04 am #

    A commenter has linked back to this site. Perhaps even a few people there will look at it, and realize the government is actively opposing Taitz.

  16. avatar
    Bob July 8, 2009 at 11:14 am #

    Candidate Keyes’ complaint about Candidate Obama’s eligibility began before any Electoral vote had been cast.

    This suit, Keyes v. Obama, was filed in the court in the afternoon of January 20, and service was attempted on February 10. At all times relevant, Obama was POTUS.

    SCOTUS will rule on this case in the fall.

    To do so, Taitz would have to file an appeal in the 9th Circuit, and then file a Rule 11 cert. petition. Considering Taitz can’t even properly serve a summons and complaint (or figure out why SCOTUS keeps bouncing her latest petitions), I doubt she has the competence to get this case before SCOTUS.

    And even if she did, it would be like every other birfer case: scheduled for conference (like every other case before SCOTUS) and then a silent denial. (Or maybe a no-more-filings denial, like in Schneller.)

  17. avatar
    Bob July 8, 2009 at 11:18 am #

    Later, the government argues it is incumbent upon the server to modify service, serve an identified government agency and then criticize the server for following instructions from the people authorized to speak for the usurper.

    Exactly. Rule 4 of the Federal Rules of Civil Procedure explain how to affectuate service; it isn’t the government’s fault that Taitz can’t follow the law. Apuzzo figured out how to file his suit; why can’t Taitz?

  18. avatar
    Bob July 8, 2009 at 11:24 am #

    Once they start getting hit with defense costs, they’ll crawl back under their rocks, for good.

    Petitioners were hit with costs in Keyes v. Bowen (to the tune of $1390, IIRC). But Kreep (excuse me, Keyes) appealed that case; the costs order is also part of the appeal. IIRC, Obama’s lawyer said they’ll be seeking costs and sanctions on appeal, so I expect the final tally to really hit Kreep in the pocketbook.

    That one judge let Hemenway off the hook, which emboldened others.

    No attorney has filed another case in the D.C. district court, which I think was message that judge was trying to send, as you can’t impose Rule 11 sanctions on a non-attorney.

  19. avatar
    Doug Mataconis July 8, 2009 at 11:29 am #

    No, Sven, the Supreme Court won’t rule on this case in the fall.

    When her case is dismissed on July 13th, Orly’s next avenue would have to be an appeal to the appropriate Circuit Court of Appeals. Only after the Circuit Court of Appeals rules on the case would the case be eligible to be the subject of a Petition for Writ of Certiorari.

    The Supreme Court will not take this case, any more than it’s taken any of the other inane birther lawsuits.

  20. avatar
    Doug Mataconis July 8, 2009 at 11:30 am #

    If that happens, Orly will just delete the comment.

  21. avatar
    SvenMagnussen July 8, 2009 at 11:39 am #

    The Constitutional question to be answered is what is the definition of a Natural Born Citizen and is a Presidential Candidate required to disassociate himself or herself from the swearing in ceremony if he or she reasonably knows or should know he or she is not eligible.

  22. avatar
    Doug Mataconis July 8, 2009 at 11:45 am #

    That may be the “question to be answered” in your mind, but the Court’s have clearly said that neither Orly nor her clients have legal standing to even make the argument.

  23. avatar
    Bob July 8, 2009 at 12:05 pm #

    The Constitutional question to be answered is what is the definition of a Natural Born Citizen and is a Presidential Candidate required to disassociate himself or herself from the swearing in ceremony if he or she rsasonably knows or should know he or she is not eligible.

    No, the issue would be whether the district court erred in dismissing the complaint for failure to prosecute. The 9th Cir. will have no problem holding the district court didn’t err, and SCOTUS will deny cert. on that issue.

    To even get to your issue (which isn’t even raised in that complaint, BTW), Taitz would have to properly serve Obama, which she hasn’t done.

  24. avatar
    richCares July 8, 2009 at 12:21 pm #

    sven, when will you recognise that Obama has been president for over 6 months, no suit has gone anywhere and the entire world refers to Obama as “President”, what can you possibly accomplish with your hateful views.

  25. avatar
    SvenMagnussen July 8, 2009 at 12:50 pm #

    I don’t understand how advocating for a fair hearing on Keyes’ complaint is full of hate.

    Historically, African-Americans have consistently been denied fair hearings in US Courts. Look at this case. Keyes will win by default because Obama refused to answer Keyes’ complaint.

    So, a bunch of white guys in the Star Chamber have decided Keyes should have served Obama an Officer of U.S. for a grievance over Obama’s action on behalf of the U.S. But, that is not what the complaint is about.

    Candidate Keyes is complaining Candidate Obama is not eligible to hold the office he was running for. Consequently, Keyes properly served Obama as a Candidate before he was sworn in. Obama is using proxies to deny Keyes his day in court as it’s been done to African-Americans for years.

    You need to get in touch with your racism and support Keyes in his endeavor for a fair hearing.

  26. avatar
    Bob July 8, 2009 at 12:57 pm #

    I don’t understand how advocating for a fair hearing on Keyes’ complaint is full of hate.

    Obama is also entitled to a fair hearing, and that requires proper service, which Taitz did not do.

    Keyes will win by default because Obama refused to answer Keyes’ complaint.

    Keyes’ complaint will be dismissed due to Taitz’s inability to properly serve.

    So, a bunch of white guys in the Star Chamber have decided Keyes should have served Obama an Officer of U.S. for a grievance over Obama’s action on behalf of the U.S.

    The government’s statement plainly explains how Taitz failed to serve Obama as individual. It is a loser either way.

    Candidate Keyes is complaining Candidate Obama is not eligible to hold the office he was running for.

    Have you actually read the complaint in Keyes v. Obama? Try again.

    Consequently, Keyes properly served Obama as a Candidate before he was sworn in.

    AGAIN, Keyes v. Obama was filed in the court of the afternoon of Jan. 20, and service was attempted on Feb. 10. At all times relevant, Obama was POTUS. Try again.

    Obama is using proxies to deny Keyes his day in court as it’s been done to African-Americans for years.

    No one is denying Keyes his day in court; Keyes’ lawyer is too stupid to follow rather plainly written rules.

    You need to get in touch with your racism and support Keyes in his endeavor for a fair hearing.

    You need to get in touch with Keyes and support him in his endeavor for a competent lawyer.

  27. avatar
    NBC July 8, 2009 at 12:59 pm #

    You obviously have not read Orly’s ‘lawsuit’, it’s hilarious.

  28. avatar
    NBC July 8, 2009 at 1:01 pm #

    SCOTUS will rule on this case in the fall.

    Keep hoping even though your understanding of the facts are at odds with them.
    As the government filing shows, whether under 4(i) or 4(e), the plaintiffs failed to properly serve the President.

    Fail… The suit did not even get to the standing stage etc…

  29. avatar
    SvenMagnussen July 8, 2009 at 1:34 pm #

    Yes, I was shooting from the hip.

    But here are some notes I got.

    Keyes suing Obama for declaratory judgment concerning his qualifications to assume office.

    Obama has a duty to disclose issues concerning his pre-Inauguration life

    Obama was a candidate and not President when complaint filed.

    No justification for requiring service under Rule 4(i)(3).

    A bunch of racists want Keyes punished.

    A bunch of people want Obama to answer Keyes. I haven’t read anything about anyone on this website wanting to punish Obama.

    Obama had resigned his Senate seat when the complaint filed.

  30. avatar
    NBC July 8, 2009 at 1:39 pm #

    A bunch of racists want Keyes punished.

    You’re funny Sven. Great trolling. As was explained both 4(e) and 4(i) FRCP were not followed. Either way, Keyes loses.
    Not to mention that the foundation for the claims, the executive order, was TOTALLY without merit and the plaintiffs should be lucky if the judge does not slap.

  31. avatar
    NBC July 8, 2009 at 1:41 pm #

    Obama was the President Elect and as such a federal officer but even ignoring these facts, the facts show that even under 4(e) he was not properly served as the files were dropped off with an unnamed mail clerk who was likely not properly authorized by Obama.

    Simple.

  32. avatar
    Bob Weber July 8, 2009 at 2:00 pm #

    Birfer lawyers have this problem with basic competence. Kreep couldn’t figure out how to properly subpoena Oxy’s Obama student records in accordance with CA civil procedure code. Berg’s fumbles are legendary. Apuzzo’s ability to cross t’s and dot i’s makes him the best player on a really bad team.

  33. avatar
    Bob Weber July 8, 2009 at 2:16 pm #

    “Details don’t matter” is a real hoot coming from people who go on endlessly about the supposed differences between “certificates” and “certifications”, parse others’ statements ad nauseum, and read deep meaning into “date received” vs “date accepted” vs “date filed”.

  34. avatar
    Bob July 8, 2009 at 3:06 pm #

    Apuzzo’s ability to cross t’s and dot i’s makes him the best player on a really bad team.

    That’s a really low bar.

    Despite his ability to write in complete sentences, his case is really nothing more than warmed-over Berg with a sprinkle of Donofrio. His legal analysis leaves much to be desired, and he’s presently soliciting the opinion of anyone who can leave a comment on his blog.

  35. avatar
    Dr. Conspiracy July 8, 2009 at 3:28 pm #

    I should point out that a dozen non-lawyers (including mental patients in prison hospitals) have had no difficulty whatever validly serving the president with lawsuits which you may view on the Docket from this web site. It is only through gross incompetence that Orly had difficulties.

    If suing the President in his official capacity, she need only have served the US Attorney in her local district. If suing the President in his personal capacity, she need only have sent it to him by certified mail or FedEx. The address is on the Internet.

    There was no need to send a poor volunteer to the White House and try to crash security. That whole drama was a waste of time.

  36. avatar
    Dr. Conspiracy July 8, 2009 at 3:31 pm #

    Bless their hearts.

  37. avatar
    Dr. Conspiracy July 8, 2009 at 3:36 pm #

    There is no reason Obama would have considered himself ineligible. If none of the 535 members of Congress thought so, why should Obama? Why should anybody ❗

  38. avatar
    Dr. Conspiracy July 8, 2009 at 3:38 pm #

    Everybody has to play by the rules.

  39. avatar
    Bob July 8, 2009 at 4:06 pm #

    Yes, I was shooting from the hip.

    Try aiming next time; it’ll make you look less foolish.

    Keyes suing Obama for declaratory judgment concerning his qualifications to assume office.

    Obama has a duty to disclose issues concerning his pre-Inauguration life

    O RLY? And where in the law does this duty arise?

    Obama was a candidate and not President when complaint filed.

    FOR THE THIRD TIME, the complaint was filed at 3:26pm PST on Jan. 20, and service was attempted on Feb. 10. At all times relevant, Obama was POTUS.

    No justification for requiring service under Rule 4(i)(3).

    Taitz is the one claiming she has complied with 4(e), and it is obviously that she did not. (The goverment is making the additional point that she also did not comply with 4(i) — bad service either way.)

    A bunch of racists want Keyes punished.

    How is expecting Keyes to follow plainly worded rules “racist”?

    A bunch of people want Obama to answer Keyes.

    Keyes has to properly serve Obama first. Why is it so difficult for you to understand that?

    I haven’t read anything about anyone on this website wanting to punish Obama.

    Obama hasn’t done something worthy of “punishment.”

    Obama had resigned his Senate seat when the complaint filed.

    Of course, as Obama was POTUS when the complaint was filed. Duh.

  40. avatar
    SvenMagnussen July 8, 2009 at 4:11 pm #

    I clicked the link for Keyes v Obama and got the Motion to Quash for Keyes v Bowen.

    I think Orly is right. Obama’s defense team confused Keyes v Obama with Keyes v Bowen and didn’t answer. Now, the DOJ is scrambling to cover to prevent a default judgment in Keyes v. Obama.

    Orly correctly points out the DOJ has no business filing a Statement of Interest because Obama is being sued as an individual for act or omissions committed before he was sworn in.

  41. avatar
    richCares July 8, 2009 at 4:19 pm #

    “the DOJ is scrambling to cover to prevent a default judgment in Keyes v. Obama. ”

    Can we laugh when the default judgement doesn’t happen, or should we laugh now or just remind you of this when it fails?

  42. avatar
    Expelliarmus July 8, 2009 at 4:32 pm #

    Apuzzo failed to research the basic steps for quo warranto — something Donofrio could have told him. Apuzzo can read rules….but not law. Donofrio is able to do legal research (in a very creative way)…. but couldn’t read the rules. None of them have the basic level competency that would be expected of a new associate in a major law firm.

    Real lawyers need to be cognizant of all those things. They know to check statutes, court rules, local rules — as well as to not only research cases, but to follow up on the subsequent history of every case they cite.

  43. avatar
    NBC July 8, 2009 at 4:39 pm #

    I think Orly is right. Obama’s defense team confused Keyes v Obama with Keyes v Bowen and didn’t answer. Now, the DOJ is scrambling to cover to prevent a default judgment in Keyes v. Obama.

    Orly correctly points out the DOJ has no business filing a Statement of Interest because Obama is being sued as an individual for act or omissions committed before he was sworn in.

    Since the Court has clearly put the blame on Orly, your speculations seem to be well… speculative at best.
    Of course Keyes v Obama, based on an Executive Order which clearly does not apply, would, even under default, be thrown out. But the problem is failure to server under 4(i) or even 4(e) (filing an individual).

    As to the hopes that the DOJ has no business filing, that’s up to the judge to decide. I’d say that Statements of Interest, especially when they help Orly understanding how to properly file a suit, are quite relevant.

  44. avatar
    NBC July 8, 2009 at 4:41 pm #

    Note: Under 28 U.S.C. § 517, the United States may appear in any court in the United
    States “to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States.”

    Nuff said

  45. avatar
    Bob July 8, 2009 at 4:43 pm #

    I think Orly is right.

    There was your first mistake.

    Obama’s defense team confused Keyes v Obama with Keyes v Bowen and didn’t answer.

    Occam’s Razor: If Obama wasn’t properly served, then Obama doesn’t have to answer.

    Now, the DOJ is scrambling to cover to prevent a default judgment in Keyes v. Obama.

    The DoJ is responding to a judge’s notice that there’ll be a hearing, which will end in the dismissal this suit.

    Orly correctly points out the DOJ has no business filing a Statement of Interest because Obama is being sued as an individual for act or omissions committed before he was sworn in.

    Dude: Obama was POTUS when the complaint was filed, and this suit clearly implicates Obama in his official capacity as POTUS. If this was about a pre-inauguration fender bender, that argument might work.

  46. avatar
    Bob July 8, 2009 at 4:45 pm #

    I’ll bet they spent more time deciding what to title their response than writing the response.

  47. avatar
    Expelliarmus July 8, 2009 at 5:27 pm #

    The court isn’t even considering entering a default. What happened is the Court issued an OSC re dismissal to Orly about 2 months ago, saying that the case would be dismissed for failure to prosecute. Orly then sought to enter default on Obama, but her service was bad — you can NEVER get a default past a clerk in any court unless the papers show proper service. (Its the first thing the clerks look at). The clerk sent it back to Orly and Orly then filed a motion with the Judge asking for default. The Judge still refused to enter a default, but then very GENEROUSLY issued an order giving Orly an extension of time to properly SERVE HER COMPLAINT.

    When Orly receive that order, she SHOULD HAVE arranged for a summons to be reissued, and then served her complaint in compliance with Rule 4. Instead, she decided to challenge the Judge’s ruling by seeking a rehearing on her request to enter default — but she has still not cured the original defect in service.

    The US DOJ filed a “Statement of Interest” because that is a way they can weigh in without entering an appearance on behalf of any party. If they appeared to represent a party, that would essentially cure the defect in service and submit to the court’s jurisdiction. But there is a specific federal law that lets the DOJ file a “statement of interest” in any case without intervening or representing a party… so that’s what they have done.

    There are only two legal possibilities for outcomes at the hearing on July 13:
    1. Judge dismisses Orly’s case;
    2. Judge grants Orly further extension of time to allow for proper service on Obama.

    I’d bet on #1.

  48. avatar
    Bob July 8, 2009 at 5:38 pm #

    But there is a specific federal law that lets the DOJ file a “statement of interest” in any case without intervening or representing a party

    As NBC noted, that would be 28 U.S.C. § 517. (For example, the DoJ filed a statement of interest in the Terry Schiavo case.)

  49. avatar
    Expelliarmus July 8, 2009 at 5:44 pm #

    A “Statement of Interest” is a specific type of pleading authorized by statute — it is a way for the US DOJ to weigh in on a case without making an appearance on behalf of a party. It is legally equivalent to filing an amicus brief, but the DOJ doesn’t have to ask the court’s permission.

    I think the only decision was whether or not to file it; their alternative was to ignore the pleading and let the Judge rule on his own. (The “Statement of Interest” doesn’t tell the Judge anything he doesn’t already know …. about all it does, really, is let the Judge know that the DOJ is now aware of the case & what is going on, and probably also guarantees that the DOJ will be properly served with a copy of any further rulings the Judge makes on the case).

  50. avatar
    Bob Weber July 8, 2009 at 6:47 pm #

    “That’s a really low bar.”

    Yeah, I was thinking of a basketball team with only one player who knew how to dribble.

  51. avatar
    Dr. Conspiracy July 8, 2009 at 10:00 pm #

    I warned on this web site last April that Orly hadn’t served Obama properly, and not only did she not serve Obama she didn’t file proof of service with the court. Not having filed proof of service and the time limit having expired, the court’s standard process kicked in and they proceeded to move that Orly must show cause why the case shouldn’t be dismissed for lack of service. Obama’s lawyers had no part in this. Orly should have filed notice of service with the court back in January, but of course, she doesn’t know how to practice in federal court and seems to think it doesn’t matter.

    When Orly then filed her notice of service (too late) and argued that her previously unreported service was valid, there was a response.

  52. avatar
    Dr. Conspiracy July 8, 2009 at 10:20 pm #

    I have long expected that the failure at service was intentional. There’s no possibility that the case would prevail on the merits (trust me–this is the worst of the lawsuits filed by a lawyer, the very worst). It would seem to me much better (for smear value) to have a lawsuit dismissed on some obscure procedural grounds than for it to be dismissed because it is stupid (or whatever the legal term is for that).

  53. avatar
    misha July 9, 2009 at 11:20 am #

    I don’t know if anyone has seen this, but Orly is encouraging mutiny:

    “If you know any enlisted or officers, who are ready to be deployed, but want to stay their deployment until Obama’s legitimacy for the posittion of Commander in Chief is verified, please have them contact me. As the case is ready, it can be filed within hours.”

    http://www.orlytaitzesq.com/blog1/?p=2946#comments

  54. avatar
    thisoldhippie July 9, 2009 at 12:35 pm #

    misha – I read that this morning and am sorry to say that I live in the Middle District of Georgia. I’m just glad the military personnel who originally was going to be her scapegoat got smart.

    This was on carl swensson’s website. And they say they are not bigots.

  55. avatar
    thisoldhippie July 9, 2009 at 12:36 pm #

    THIS ASS HOLE, barack hussein obama, IS GOIN DOWN, DOWN, DOWN!!!

    Thanks to all of the “American Grand Juries”, “World Net Daily (WND), U.S. Justice Foundation (USJF), all attorneys and the thousands of bloggers … The entire world will soon know that this evil muslim USURPER, barack hussein obama, is the part of America that we American citizens will remember as a lesson in the power of the U.S. Constitution!

    If you’ve noticed, my name appears on any and all of my blogs that I post. When I post a blog, I’ll always sign it with my full name. So, if you use my blogs my name goes with it, I have nothing to hide and want the world to know how I feel. I’D RATHER BE DEAD THAN RED!

    “WHEN BAD THINGS ARE HAPPENING AND,
    GOOD MEN STAND BY AND DO NOTHING,
    BAD THINGS WILL CONTINUE TO HAPPEN”

    “IT’S THE MILITARY ACTIVE DUTY AND VETERAN, NOT THE PREACHER, NOT THE REPORTER, NOT THE POET, NOT THE CAMPUS ORGANIZER, NOT THE LAWYER AND NOT THE POLITICIAN WHO WILL ULTIMATELY RESCUE OUR COUNTRY, THE UNITED STATES OF AMERICA, FROM THE EVIL TERRORIST, COMMUNIST “ILLEGAL INVADER”, BARACK HUSSEIN OBAMA, AND HIS EVIL WIFE MICHELLE OBAMA!

    FREEDOM IS NOT FREE!
    GOD BLESS AMERICA!
    GOD BLESS ISRAEL!

    Bob Pinkstaff
    Gunnery Sergeant
    United States Marine Corps Retired
    AMERICAN CITIZEN BY BIRTH, UNITED STATES MARINE BY CHOICE!

    Sorry – here is the info from the site.

  56. avatar
    Bob Weber July 9, 2009 at 1:51 pm #

    “I should point out that a dozen non-lawyers (including mental patients in prison hospitals) have had no difficulty whatever validly serving the president with lawsuits”

    Doc, are you saying that a stretch in the Cracker Factory might do Orly a lot of good?
    [:^)

  57. avatar
    NBC July 9, 2009 at 1:55 pm #

    The government in their letter of interest explained as well how Orly should have correctly serve.
    I cannot understand what’s so hard about following these simple rules.

  58. avatar
    Bob July 9, 2009 at 2:47 pm #

    Presently on riseupforamerica.com:

    “Do want to place your faith in the Organic Constitution or the laws of men?”

    Who are the people advocating for a chemically created constitution?

    (For those unaware, “Organic Constitution” is a code phase.)

  59. avatar
    Bob July 9, 2009 at 2:57 pm #

    If suing the President in his personal capacity, she need only have sent it to him by certified mail or FedEx.

    I’m curious where you get that from.

  60. avatar
    Black Lion July 9, 2009 at 3:35 pm #

    I hope that they realize that if they do not show up for their deployment they will be in violation and can be charged under Article 85 of the UCMJ, which is desertion in combat by refusing to be redeployed. If they are charged under a General Court Martial, the maximum penalty is death by firing squad. I doubt there will be many people that will risk death for Orly’s stupidity. But I may be wrong. Some people may have faith in a bad dentist horrible lawyer that graduated from an unacredited online school that can only practice in CA and has never won a case. Yes your honor, she will be my attorney.

  61. avatar
    Dr. Conspiracy July 9, 2009 at 4:39 pm #

    My comment was oversimplified. What she could have done was to send a copy of the suit by certified mail along with a request for waiver of service (which Obama would have been pretty much obliged to grant or else pay the fees for the service). Rule 4(d). Once service has been waived, there is no additional requirement for service.

    http://www.law.cornell.edu/rules/frcp/Rule4.htm

  62. avatar
    Bob July 9, 2009 at 4:58 pm #

    Thanks; I appreciate it when you (and posters like Expelliarmus) spell things out because there are folks following along at home.

  63. avatar
    misha July 9, 2009 at 5:26 pm #

    I posted a comment on Orly’s site which she will not allow. I told her she should try her bullshit on Putin, and see what happens.

    She has a lot of nerve. She should be prosecuted for sedition. She’s a refusenik, and took everything Israel gave her, and she’s encouraging right wing fanatics.

    BTW, Avigdor Lieberman was a bouncer before he got elected to parliament. Another deep intellect.

  64. avatar
    kimba July 9, 2009 at 6:08 pm #

    Wow! I had never heard that phrase before. What an eye-opener. Southerners just can’t get over it can they? From thisoldhippie’s link:

    “The recently conquered Confederacy — now rejoined to the Union — possessed sufficient votes to block the amendments abolishing slavery, extending the full rights of citizenship to all people born in the United States and granting equal protection of the laws to all people within the United States’ jurisdiction. The Unionists solution was to impose military occupation governments in a sufficient number of the former Confederate states long enough to ratify the new amendments. Immediately after ratification, the military governments were replaced with civilian ones.

    This historical fact is little known outside of the South. The response to the forcible alteration of the Constitution was a conspiracy theory which asserts all amendments beginning with the 13th and 14th Amendments were never properly ratified and thus are not part of “the supreme Law of the Land” as described in Article VI. This conspiracy theory has become the central myth of Christian Patriot “common law” — the “organic Constitution.”

    Yikes. “The organic Constitution is God’s law and the only law of the land. ” Looks like their next step is a call for a holy war.

  65. avatar
    Bob July 10, 2009 at 6:50 pm #

    From Taitz: Seeking a TRO to prevent the deployment (based on eligibiltiy questions) of a solider.

  66. avatar
    kimba July 10, 2009 at 7:02 pm #

    Is she licensed to practice law in Georgia?

  67. avatar
    misha July 10, 2009 at 7:26 pm #

    “Is she licensed to practice law in Georgia?”

    No, she has a law “degree” from the Taft Law School, an unaccredited correspondence outfit and diploma mill. Because it is not accredited, she can only practice in California; she cannot take the bar exam in any other state.

    She’s not even a good dentist. I would not have her litigate anything, nor would I have her clean my teeth.

    She is in dangerous territory.

  68. avatar
    Libby Jones July 10, 2009 at 7:29 pm #

    She calls herself a “patriot” but yet she constantly advocates overthrowing a constitutionally elected president and government. Has anyone ever checked her credentials? Is she really a citizen of the U.S.? What is her agenda (other than her hatred of muslims)? Will any court ever stop or sanction her? She goes from one insane scheme to another insane scheme. What is her chances of pulling this latest court case off? What will happen to the Major for joining her in her latest scheme? All I can say, she would never try this nuttiness in Russia or Israel. I know this is a lot of questions, but would appreciate a response. I love this blog.

  69. avatar
    Bob July 10, 2009 at 8:08 pm #

    She’s presumably will be appearing pro hac vice:

    “If you are not a member of the State Bar of Georgia and do not maintain an office in Georgia, you must obtain a Certificate of Good Standing from a United States District Court where you are admitted to practice. This will allow you to practice in the case specified on the petition form. Complete the on-line fillable form, Petition for Admission to Plead and Practice Pro Hac Vice, and submit it along with the original Certificate of Good Standing to the address below. You will receive a copy of the petition and order signed by the clerk as notification you are admitted. For each case in which you appear, you will need to repeat this process and pay the fee. In addition, out of state attorneys practicing pro hac vice must associate local counsel who are admitted to practice in the Middle District of Georgia.”

    (She admitted to practice in Central District of California.)

  70. avatar
    misha July 10, 2009 at 9:39 pm #

    First, Orly is nothing more than a rabble rouser. She hates Obama because she feels he is not good for Israel, and she thinks she can derail him if she and her sheep make enough noise.

    I wrote on her blog that she should try this garbage on Putin, and see what happens. As a refusenik, Israel gave her subsidized housing, mortgage and tuition for her two degrees. She has a lot of nerve doing this.

    Contrary to what Orly believes, it is the duty of the president to be fair to both sides. As I wrote before, because of her hatred, she and Berg are getting involved with vicious anti-Semites, and they overlook these awful people’s agenda in their zeal.

    She is encouraging mutiny and sedition, and she should be prosecuted. Anyone who gets involved with her is in dangerous territory.

  71. avatar
    BenjiFranklin July 11, 2009 at 2:04 am #

    Sven,

    I notice that you never mention that this particular Orly lawsuit relies for it’s it’s legal basis upon Orly’s laughable misconstruance of a Bush Presidential Order which within states that the order’s use is limited to executive department managers conducting internal evaluations of a specific class of federal employees, a group of which Obama was clearly never a member.

    Furthermore, the order specifically bars its own use against any officer of the government OR ANY OTHER PERSON. But since the day this executive order took effect, Obama has contiuously been either an officer of the government or he has been “any” (some) “other” person. That means there was no legal authority provided by this executive order providing justification for Orly to serve Obama AT ALL.

    For most new lawyers, mastering the technical requirements of form-filling, developing valid legal theories supporting their cases, pleading, and familarizing themselves with all the attendant courtroom procedures is something they feel ethically bound to achieve up front in their client’s interest; for Orly it would seem that almost everything about lawyering, even down to filling out the correct legal form, is like pulling teeth.

    BenjiFranklin

  72. avatar
    misha July 11, 2009 at 2:50 am #

    ” for Orly it would seem that almost everything about lawyering, even down to filling out the correct legal form, is like pulling teeth.”

    Excellent analogy, considering Orly is primarily a dentist, albeit not a good one either.

  73. avatar
    SvenMagnussen July 11, 2009 at 10:57 am #

    Nice misdirect, Benji.

    Candidate Keyes is suing Candidate Obama for failing to notify appropriate entities (VP, Speaker of the House, Senate Majority Leader, FEC, etc.) he is not eligible to undertake an oath requiring him to be a Natural Born Citizen.

    Candidate Obama resigned his Senate seat and became a private citizen before the Congress approved the Electoral Vote. After the Electoral Vote was approved, President-elect Obama was not a Federal Officer because he did not take an oath to uphold the US Constitution to become President-elect. Please not all Federal Officers must take an oath to uphold the US Constitution before they may become Federal Officers.

    It is during this time or anytime previous to Inauguration that President-elect Obama should have notified appropriate authorities he is not eligible to serve as President of the United States because of this birthplace.

    Obama committed fraud by ommission and Candidate Keyes endured professional and financial harm due to Obama’s ommission.

  74. avatar
    BlackLion July 11, 2009 at 11:11 am #

    Anyone see the new Orly case, some Army major is attempting to end his career by allowing the following suit to be filed…

    “Dr. Orly Taitz, ardent activist and attorney in the eligibility saga, has filed Cook v. Good, where Army Major Stefan F. Cook has filed for a Temporary Restraining Order (TRO) of his upcoming deployment (a hearing is set for July 16 at 9:30am ET)”

    Any thoughts on how quickly this will be dismissed? Of course WND and Phil over at TRSOL thinks this will be the one…

  75. avatar
    kimba July 11, 2009 at 11:36 am #

    You fail. Go back and read III. Legal Basis of the Complaint.

  76. avatar
    kimba July 11, 2009 at 11:41 am #

    When I read the complaint my first thought was a Major? Then I realized, 16 years, he hasn’t made Colonel, he’s going to have to retire at 20 years. Maybe he wants out of going to Afghanistan so bad he’d take a dishonorable discharge. Maybe his family has money and he doesn’t care if he loses his pension. I thought the repeated ” Maj has no hesitation to go to Afghanistan” was a bit of mithinks he protesteth too much.

  77. avatar
    misha July 11, 2009 at 12:26 pm #

    With Orly as his lawyer, he risks being thrown in the brig.

    I’m impressed: Orly and her coterie can find fools to play along. They’ll take the fall, while Orly plays her games.

  78. avatar
    Dr. Conspiracy July 11, 2009 at 12:54 pm #

    This is why I think Keyes v. Obama is a publicity stunt which was never intended to come to trial.

  79. avatar
    Dr. Conspiracy July 11, 2009 at 1:04 pm #

    Sven, you obviously haven’t actually read the Bush executive order under which Keyes is suing. It only applies to federal contractors and certain classes of federal employees HIRED 90 DAYS AFTER the order went into effect. Obama had already been president a couple months when it went into effect, which is one of the many reasons the order is laughably inapplicable. The order doesn’t apply to private citizens either.

    Next time, ask for a clue.

  80. avatar
    NBC July 11, 2009 at 1:11 pm #

    It is during this time or anytime previous to Inauguration that President-elect Obama should have notified appropriate authorities he is not eligible to serve as President of the United States because of this birthplace.

    So Honolulu is not part of the US? And by what strange legal argument do you support your claim that the President-elect should have notified authorities?

    Surely your story telling abilities lack in reality? No wonder these lawsuits are doing so poorly.

  81. avatar
    Dr. Conspiracy July 11, 2009 at 1:20 pm #

    OK, this has got my interest up. Two sections of the motion for TRO are “restricted”!

  82. avatar
    Bob July 11, 2009 at 1:26 pm #

    And, presumably, the (faux) resistance to the dismissal OSC is just to rally the troops (and make some money), to show how evil the government is?

  83. avatar
    NBC July 11, 2009 at 1:27 pm #

    Are they the lists of social security numbers?

  84. avatar
    NBC July 11, 2009 at 1:29 pm #

    The office of the president elect arguably does not make Obama a private citizen, especially when served to determine his presidential eligibility after the electoral vote and the certification by Congress.

  85. avatar
    NBC July 11, 2009 at 1:30 pm #

    Obama committed fraud by ommission and Candidate Keyes endured professional and financial harm due to Obama’s ommission.

    That does not provide Keyes with standing. As to Keyes professional and financial harm, why is Obama to be blamed for that?

  86. avatar
    Dr. Conspiracy July 11, 2009 at 2:09 pm #

    Yup.

    “The evidence contained in Exhibit B shows that Barack Hussein Obama might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President. The social security number most commonly…”

    Orly includes the Sandra Ramsey Lines declaration from Keyes v Lingle, only Orly spins it little when she says:

    Exhibit C, the expert affidavit of renowned forensic document examiner Sandra Ramsey Lines, states that the certification of live birth posted by Mr. Obama as verification of his legitimacy, cannot be verified as genuine, and should be presumed fraudulent.

    The affidavit says it cannot be verified as genuine, but not that it should be presumed fraudulent. Orly lied by signing the motion and should be sanctioned for it. It is rather obvious that Orly Taitz didn’t actually write the motion. It is far too literate for her.

    Look at Orly distort the case record when she says:

    To paraphrase the United States Supreme Court’s holding in Clearfield Trust Co. v. United States, “the rights and duties of the United States” in regard to the constitutional legitimacy and qualifications of its highest officers “are governed by federal rather than” any other law. 318 U.S. 363 at 366 (1943).

    The case actually said:

    The rights and duties of the United States on commercial paper which it issues are governed by federal, rather than local, law. When the United States disburses its funds or pays its debts, it is exercising a constitutional function or power.

    http://supreme.justia.com/us/318/363/case.html

  87. avatar
    kimba July 11, 2009 at 2:20 pm #

    I was thinking Exhibit A might be his orders to Afghanistan.

  88. avatar
    misha July 11, 2009 at 3:44 pm #

    If they wanted to get tough, he could be charged with malingering.

    He’s making a mistake getting involved with her.

  89. avatar
    Dr. Conspiracy July 11, 2009 at 4:45 pm #

    They are.

  90. avatar
    Bob July 11, 2009 at 8:52 pm #

    It is rather obvious that Orly Taitz didn’t actually write the motion. It is far too literate for her.

    Agreed. Yet it contains many of her canards (100+ addresses. HRS 338, etc.).

    My favorite part is the bit about how Obama could simply end all of this by producing a long-form birth certificate that lists two U.S. citizen parents. As Obama doesn’t have two U.S. citizen parents, he can’t simply end anything.

  91. avatar
    Dr. Conspiracy July 11, 2009 at 9:21 pm #

    And how does the birth certificate deal with all the Social Security numbers?

  92. avatar
    NBC July 11, 2009 at 10:24 pm #

    So not only did Orly forget to pay the filing fees but her legal research is somewhat sloppy?

    Why am I not too surprised here?

  93. avatar
    SvenMagnussen July 12, 2009 at 4:45 pm #

    “It is rather obvious that Orly Taitz didn’t actually write the motion. It is far too literate for her.”

    It’s over! Important people behind the scenes are going to use Orly to pull the plug on the “greatest hoax pulled on America in its history.”

  94. avatar
    richCares July 12, 2009 at 7:01 pm #

    how can anyone be as deluded as sven, with all the info available he still pops his head in the sand. it takes a lot of hate to be that deluded.

  95. avatar
    Joyce July 12, 2009 at 8:45 pm #

    “It’s over! Important people behind the scenes are going to use Orly to pull the plug on the “greatest hoax pulled on America in its history.”

    I don’t think its possible to undo GW’s reign of error.

  96. avatar
    Dr. Conspiracy July 12, 2009 at 11:17 pm #

    You want to put a date on that, so we know when to celebrate your being proven wrong? [Methinks Sven is reading one Heavy’s books.]

  97. avatar
    NBC July 12, 2009 at 11:36 pm #

    Sven: It’s over! Important people behind the scenes are going to use Orly to pull the plug on the “greatest hoax pulled on America in its history.”

    Don’t be disappointed when tomorrow the judge throws out the lawsuit. Poor Sven

  98. avatar
    Dr. Conspiracy July 13, 2009 at 8:47 pm #

    From the court docket today (July 13):

    Full docket text for document 21:
    NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Barack H. Obama, aka Barack Hussein Obama,II, a/k/a Barack H. Obama,II, a/k/a Barry Obama, a/k/a Barry Soetoro filed by plaintiff Alan Keyes PhD. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Appendix Appendix to Exhibit B)(Taitz, Orly)

    Hmmm. Orly filed a motion. I THOUGHT that the court was going to rule on whether to dismiss her case today (and maybe they did), but all I see is this additional motion from Orly.

  99. avatar
    BIGEAGLE February 3, 2010 at 3:31 pm #

    THE SUPREME COURT WILL NOT TOUCH THIS CASE ANYMORE THAN ANY OTHER JUDGES WILL….IT;’S POLITICAL SUICIDE….THEY WILL KEEP BOUNCING IT AROUND FOR 3 MORE YEARS, CAUSE OBAMA HAS SPENT $ 2 MILLION OF SOROS MONEY SO FAR, AND THATS A DROP IN THE OLD BUCKET FOR HIM.

    OBAMA WAS PUT IN TO HELP BRING AMERICA TO ITS KNEES, AND HE IS DOING JUST THAT…..

    ITS ALL PART OF THE NEW WORLD ORDER PLAN.

  100. avatar
    aarrgghh February 3, 2010 at 4:17 pm #

    bigeagle, screeching:

    ” … screeeeeeech …”

    ah, so you’re the fellow who stole my shift keys.

  101. avatar
    G February 3, 2010 at 5:03 pm #

    Ahh, another delusional “NWO” nut who doesn’t know what the caps lock key is for comes here screaming his paranoid rants…

    Take your meds dude and go back to bed.

  102. avatar
    NbC February 3, 2010 at 5:08 pm #

    He surely seems to have brought you to your knees, Big Eagle…

    All Caps and all