Tag Archives: Georgia

Emergency hearing in Rhodes. v MacDonald in GA

Orly Taitz, DDS, Esq

Orly Taitz, DDS, Esq

I got a message from Orly stating:

I just got word from Ms. Sweeden, clerk for District Court Judge for the Middle District of GA. We were granted an emergency hearing for Captain Connie Rhodes, MD, flight surgeon, who is scheduled to be shipped to Iraq day after tomorrow on September the 12th. Capt Rhodes states that she is willing to go to Iraq, as long as she knows that the orders going down the chain of command are lawful orders. We asked this case to be certified as a class action case, as she represents a whole class of plaintiffs situated in similar position. The hearing will be tomorrow at 2pm in Columbus GA, Federal Building 1201 12th street. Judge Clay D. Land courtroom. Judge Land was gracious and a real Southern gentleman in that he waived the technical requirement of a signature of the local counsel as a contact.

It’s a 4 1/2 hour drive for me, a little too far, and not enough notice.

[FLASH! Hearing continued on Monday.]

[FLASH! FLASH! Case Dismissed.]

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Docket Updates

A trio of updates to the Docket recently:

  • Cook v. Good: It has been dismissed in Georgia. The federal judge declared the issue moot. Orly got some publicity.
  • Kerchner v. Obama: Mario Apuzzo, waiting until the last minute, files his 40-something page rebuttal to the government’s motion to dismiss. Warmed over Berg, says Bob.
  • Hamblin v. Obama: The government has filed its motion in Arizona District Court, saying the President had not been properly served and that the case should be dismissed for lack of standing in the first place. Serving the President is really easy, and they tell you how!

Links to documents in the second two on the docket.

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Military.com on Major Cook

Major Stephan Cook, a reserve officer who volunteered to go to Afghanistan for the purpose of suing the Army and the President so that he wouldn’t have to go to Afghanistan (and thereby trigger some presidential eligibility thing), has been mentioned on Military.com, including a 3rd generation copy of the Orly Taitz glamour shot. Their headline calls Cook an “Anti-Obama GI” which is about right. Otherwise the article is a fairly straightforward news piece with blather from Orly, and counterpoint from Keith Olbermann.

On Tuesday’s “Countdown” show on MSNBC, host Keith Olbermann named both Taitz and Cook as his “Worst Person in the World” for the case they have brought in Georgia.

Now just to show the world what a fair-minded, evenhanded guy I am, I’m going to do Orly a favor. If you look at WorldNetDaily or Military.com, you will see this totally horrible red-faced picture of Orly Taitz. People have been copying this crappy picture for ages. The archivists here at Obama Conspiracy Theories offer this much better copy:

Orly Taitz glamour shot

Orly Taitz glamour shot

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Reply to Cort Wrotnowski

Mr. Wrotnowski send me an email, and this is my reply.

We agree that de Vattel writes eloquently espousing his view of natural law. And we agree that de Vattel was known to and likely influential in the minds of the framers of the Constitution.

That said, it would not be at all reasonable that to conclude that de Vattel’s views based on the stable Swiss society would closely fit in every respect the ideas from a fledgling frontier immigrant-driven democracy like the United States. Switzerland and the United States in the late 18th century were not the same kind of place. One had a stable population. The other needed immigrants just to keep the population from declining because of disease (at least this was the case in the southern colonies).

It would be an error to jump from the statement that de Vattel was influential to the statement that de Vattel was influential on issues of citizenship. One needs some additional evidence to make that connection and I do know where you would find that evidence. (more…)

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Response to Eligibility Primer (Part 2)

This is a continuation of the discussion of the June 5, 2009, article titled Obama Presidential Eligibility – An Introductory Primer by Stephen Tonchen. We resume at the end of his section 4:

In 1898, in the Wong Kim Ark case, the Supreme Court reexamined the “citizenship-by-birthplace-alone” theory, but did not decide whether it applied to natural born citizenship. The Court ruled that Mr. Ark was a citizen, but did not rule that he was a natural born citizen (SCOTUS in ‘Wong Kim Ark’).

This is a major gloss over one of the most sweeping surveys of citizenship ever appearing in US jurisprudence. The question before the court was whether Wong Kim Ark, born in California of Chinese subjects at a time when racist legislation (the Chinese Exclusion Act) prohibited the Chinese from becoming naturalized citizens, was a citizen. The Court said that he was. But in the majority opinion, the Court said a great many things of importance, specifically:

  1. Citing Smith v. Alabama, the court said that the Constitution is framed in the language of English Common Law
  2. The Court cited English Common law, saying that those born in England are natural born subjects of England, without regard for the citizenship of their parents
  3. The Court asserted the equivalence of “citizen” and “subject”.

While US v. Wong did not decide the natural born citizen question, the majority opinion leads inevitably to the conclusion that those born within the United States (except the children of ambassadors) are our natural born citizens, without regard to the citizenship of their parents. (more…)

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Natural Born Timeline (updated)

  • 1712 – South Carolina General Assembly passes law on inheriting property saying that natural born subjects may have alien parents.
  • 1732 – Charter of Georgia declares every one who “happened to be born” in the province and their children born anywhere “natural born subjects”.
  • 1758 – Swiss philosopher Emmerich de Vattel writes a philosophical work, applying the concept of “natural law” to the laws of nations and international relations. De Vattel’s The Law of Nations was an influential work in America, and was considered authoritative in the area of international relations. (De Vattel is cited later in court cases in support of slavery and withholding citizenship from the children of immigrants.) De Vattel describes the natives (or indengnes) as those born in the country of citizen parents.
  • 1787 – John Jay letter to Gen. Washington expresses concern about “foreigners” in the government and suggests that the Commander in Chief be a “natural born citizen.” (underlining in original).
  • 1787 – United States Constitution drafted. The Constitution describes two kinds of citizens: “natural born citizens” in Article II as a qualification for President of the United States and “naturalization” under the enumerated powers of Congress. (more…)
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Natural Born in Georgia

Georgia

Georgia

I spent three hours last night reading obscure textbooks, popular guides to government, US Constitution legal commentary, collections of state constitutions and charters and debates held at the state level on ratification of the Constitution from the 17th and 18th centuries. I did not find one hint that “natural born citizen” meant anything more than “citizen at birth”, and further the idea of “citizen at birth” was expansive, including both those born in the territory, and those born of citizens anywhere. (more…)

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