'Birthers' lawsuit challenging Obama's election is dismissed

The “birthers” lose, again.

This morning, a U.S. District Court Judge in Santa Ana dismissed a federal lawsuit challenging President Obama’s election on the grounds he wasn’t born in the U.S.

In his opinion, Judge David O. Carter stated that it is not within the constitutional power of the federal courts to “overthrow a sitting president.”

The case, brought forward by California attorney Orly Taitz, a leader of the so-called “birther” movement, claims that Obama doesn’t meet the constitutional qualifications to be president because he has not shown he is a “natural born citizen” of the U.S.

Obama has produced a birth certificate from Hawaii, but Taitz claims there is evidence he was born in Kenya.

This case has failed to advance beyond several lower courts. Taitz was also fined $20,000 on Oct. 13 by a federal judge in Columbus, Georgia in part because Taitz had used the legal system to pursue “political rhetoric and insults,” the judge in that case stated.

In the most recent case, Carter wrote in his opinion how “plaintiffs have attacked” anyone who has dismissed their claim as “unpatriotic and even treasonous.”

“Respecting the constitutional role and jurisdiction of this court is not unpatriotic," he said. "Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.”

Read the opinion here.

--Baxter Holmes

Comments

[pitbullstew]

oh no kiddin? as if the FBI did not conduct due dillrgnce a very long time ago when Obama was first elected?

[Will]

How many times before you guys get it right?!!??He has NEVER PROVIDED his BIRTH CERTIFICATE. It was a CERT. of LIVE BIRTH. THEY ARE NOT THE SAME!!!

[Tim]

Will has a good point. He has NEVER produced his original Hawaii birth certificate (which indicates where he was born). This is important because at that time they issued "birth certificates" to people born outside the country. This differs greatly from the contemporary laser-printer version which doesn't show this information. Authorities in Hawaii claim to have the original certificate but refuse to show it to anybody. Why don't they/Obama just produce the stupid document and get this over with ? Oh yeah that would be too easy now wouldn't it ?

[Paunani from Oahu]

Dear Will,

As someone who lived in Hawaii for most of my adult life, and my three children were born there, I can tell you for a fact that the state of Hawaii "Certificate of Live Birth" is indeed a birth certificate.

In addition, there are people alive and well who worked in the OB department at Kapiolani Hospital and remember the Obama's when Barack Jr was born. Not to mention the notices of his birth that were published in the Honolulu Advertiser. (Or are we to believe some vast conspiracy planted phony documents in the Advertisers micro-fiche records?)

Get over it already.

[TheGenePool]

Hey Will! Consider the following:

Do you think for one minute that Hilary and/or the republicans would not have used this if there were ANY truth to it?

How was he able to pass a background investigation and obtain a security clearance as a US Senator if there were "doubts" about his background?

I'm just sayin'...

[Gaucho420]

Bush was born in the US and he sucked. How did the birth certificate save us then?

Get real...even if he wasn't born here as some claim, he still does a good job.

Grasping for straws, simply because you don't like the man, is really pathetic.

[new2you]

Will.... it's people like you that caused me to lose any hope that the GOP will rise above mediocracy.

[Steve]

Thats Strange, who is asking the court to "overthrow a sitting president"?
What does he see in the evidence?
Only Congress can remove a sitting president

[mike]

That judge is perhaps been notified like all sitting federal
judges at all levels to dismiss any and all claims,and allegations in fear of untimely ,seemingly unrelated retaliations
from the highest levels in Washington D.C.

[Mark Johnson]

These birthers are mentally ill and should be all committed to a 30 day psych evaluation!

These people acutally believe in a vast conspiracy hatched over 48 years ago to put birth announcements in Hawaiian newspapers so that a baby boy born in Kenya could one day become President of the United States!!

Total nut jobs!

[kooo]

Democrats are from Earth, only Republicans are from Mars...

[manic_momma]

How timely, I just got another copy of my so called Birth Certificate today, from Santa Clara County, California, where I was born in 1959. There in clear print it says Certificate of Live Birth. So those claiming that they are not one and the same thing, should go check there certificate. This is a lot of fuss and lies about nothing.

[Chuckles]

Idiots like Orly Taitz embarrass all of America - the direct result of our weak educational system. Can one really honestly question Obama's right to be president? Get a life! But first, learn to read. Please. For our country's sake. For our children's sake.

P.S. A name like "Orly Taitz" is a bit suspicious. Was Orly born in the U.S.? Does he have the right to comment on American politics at the national level, let alone bring cases to the U.S. District Court?

[Valerie]

What a waste of time, energy and resources.

Give it up already. He's been elected. It's a given that the facts been checked as to his birth origin. This is all just silly.

[Dave9]

This is a non-issue, get over it already and start helping to fix America. Not helping is truly un-American.

[Toostupidforwords]

Isn't it hilarious that whenever a Republican is in office all we hear is, "America: Love it or Leave it" indicating you are never supposed to question those who are elected.

Yet when a Democrat (or non-Republican to be more accurate) is in office suddenly all bets are off.

Just goes to prove what incredible whiners these neocons are. Just imagine how much health insurance for REAL Americans these people could provide instead of spending it all on lawyers.

Why these people don't all move to Iraq (where they are sending everyone but their own children) I can't understand. There they can get all the repression and hatred they could ever wish for.

[mariehartsf]

oops. here's the rest:

part of a conspiracy to pass off false information about President Obama's birth certificate. The burden of proof is on the plaintiff. That's how it is in America.

[Randy]

Will, did you read the opinion? It states:

"Plaintiffs argue that despite the fact that President Obama has produced a Birth Certificate from the state of Hawaii, there is evidence to show..."

Do you believe that the plaintiffs are wrong in citing a birth certificate? Or that the court made this mistake? I sure don't.

[Thomas46]

What is so hard about showing a document? Seems odd to me.

The truth, unfortunately, is still out there... what ever it may be.

That's the real "birther" problem... looking for truth in a place none is found.

[AlC]

Will, the BC and the COLB are indeed the same thing. He *has* provided his birth certificate. Legally there is no difference between the two. The COLB by necessity and definition contains the same information, and the only information, in fact *more* information, than the Constitution asks of presidential candidates -- natural born citizen over age 35. Nothing more is needed. Case is closed.

[PT1]

What a waste of energy. Folks, trying to invalidate a democratic election ex-post facto with a baseless conspiracy theory is about as un-American as you can get. True patriots honor the will of the people, whether they like it or not.

[Elvis]

Will: I am not conversant with the distinction. Would you please explain the difference between a Certificate of Live Birth and a Birth Certificate, and why it is significant? Please be specific to the procedures practiced in Hawaii at the time Obama was born.

[Greg DeHart]

How many root canals does it take to pay for all the fines a kooky birther dentist lawyer can accumulate in a year? Just curious.

See might be crazy, but she sure is fun to watch.

Birthers, you're being played like a fiddle. Keep digging - pretty soon you'll be able bury the entire Republican party.

[Normal]

Birthers obviously have no life and need to find one seriously why dont you do something positive and meaningful with your time....

[Steve]

Get over it and move on!!

To all others, these people DO NOT represent the GOP. I'm a Republican and I will do what I need to do to support whomever is the President for the time they are the President. Let's also get past the high school rivalry!!

[stephen]

Treat the "birthers'" gently, they need all the help they can get to find their way in a world that is very confusing to them. To wit:

The most recent Diagnostic and Statistical Manual of Mental Disorders defines a delusion as:

A false belief based on incorrect inference about external reality that is firmly sustained despite what almost everybody else believes and despite what constitutes incontrovertible and obvious proof or evidence to the contrary.

[Desmond Runyan]

Hawaii's official birth document is the "certificate of live birth." My mother has the same type of certificate as she was born in Honolulu. That is what the government provides. There is no difference. THEY ARE THE SAME.

[JPs]

ORLY is a HERO and OBAMA is a FRAUD. I can't believe this president is still allowed to run the White house while at the same time he hides all his documents from the public such as college records and (long form, non-photoshopped ) birth certificate.

[Honborn]

Sigh. Still? Will and other non-believers: I was born in the same hospital as Mr. Obama. My family has been in Hawai'i for 5 generations. There are pictures of me, covered in new baby goo (thanks, Dad), inside that Kapi'olani Hospital. I have seen my ORIGINAL birth certificate, and it says "Certificate of Live Birth". That's what they call it there. Semantics. I can't believe people are still expending energy on this.

[Mark]

The Los Angeles Times should do a story Orly Taitz's "Defend Our Freedoms Foundation." Specifically:

(1) Whether it's a validly formed non-profit group.
(2) Whether it has an IRS Tax Id Number.
(3) Whether it has a Board of Directors
(4) Whether it has a separate bank account or whether its funds are commingled with Orly Taitz's dental practice account or legal practice's trust account.
(5) Why it has the same address as Orly Taitz's legal and dental practices' address.
(6) How are the funds donated online are used.
(7) Whether a receipt is given to the donors.
(8) Whether the income is reported to the IRS.
(9) Whether the IRS is currently conducting an investigation.
(10) Whether any IRS Form 3949 (Fraud Information Referral) has been submitted to the IRS.

[curious]

This is just fodder for the uninspired.

[Shill]

First, the whole Birther thing is a bunch of crap. If the Birthers had something they could prove, they'd be proving it rather than saying everyone else should satisfy them to their standards.

Second, the case is screwed up in detail. You don't go after Obama as President. He's already got the job. You go after the California secretary of state (and other states) for putting Obama on the ballot and then certifying him the winner of the election and giving him the electoral votes. Make them show how they know he was eligible to run and to win (born in US, over 35, 14 years residency). It should be on record in each state. It would be Bush v Gore Florida 2000 all over again x 50. But at least that is the way you challenge an election result.

Just shows the Birthers don't want to win, they want to have a tantrum.

[Piotr Orloff]

Is this the same Alan Keyes who the GOP propped up to challenge Obama when he ran for his first Senate term, and was trounced by fifty points? I don't understand how he can even sleep at night.

[DanB]

I guess, I was never born in Los Angeles County in 1975! My certificate reads, "certificate of live birth". I will be turning in my passport to the State Department soon!
This reminds me of all the hoopla when Clinton was president. The nutjobs are so childish, get over the fact that you lost the election. Get a better candidate the next time.

[Soylent Green]

Until Oblahma releases his records,as all other Presidents have done, there will be questions. One is forced to wonder what O-dude has to hide.

[Jeremy S.]

Would this even be a controversy if President Obama were a full-blooded WASP? Could you imagine someone challenging the birth legitimacy of, say, Ronald Reagan?

[expat-mom]

As someone who has given birth in a 3rd world country in a rural hospital at the age of 35, I can't imagine that Obama's teenage mother flew all the way to Africa to have her baby away from friends, family and proper medical care. I just don't see that happening 40 some years ago in the middle of Africa. Why in God's name would she? No offense to sensible men but, only a man would come up with that ridiculous idea.

[Tom]

I think the "birthers" should be encouraged to continue to harass and vilify the Courts. It's the best entertainment value around; and it's threatening to destroy the Republican Party.

What more could one ask for?

[Dan]

this is an OUTRAGE. How can a judge set a date for trial and then all of a sudden dismiss the case? This is a clear case of intimidation! If a crime has been committed and there's the slightest bits of evidence it should be investigated. It has and alleged "proof" has been found in Kenya that contradicts Obama's statements.

No one is above the law.

SHOW YOUR BIRTH CERTIFICATE, OBAMA!!

[Dan]

There is reason to doubt Obama's birth certificate on his website. Up untin 1972 a baby could be registered many days after it was born. This was done for woman having babies in the interior of the island and the State of Hawaii only required the information from one parent present. Obama's mom could "told" them Obama was born in Hawaii but it doesn't make it true. He could have been born in Kenya and then flown to Hawaii. His mother, not wanted problems with Immigration simply could have gotten his birth certificate in Hawaii, placed TWO birth announcements to back up her story if ever questioned. I asked my father how many papers he called to post my birth announcement and he answered "Just one, The L.A. Times."

[Mac]

The "birthers" need to get over it and move on. We have bigger issues Obama is failing to address adequately or simply failing to address. I could care less about his birth cert but I do care about Afghanistan, Iraq, alternative energy and his BS health care bill, how is he fixing anything if your health insurance still won't be portable .

"Birthers" need to be more concerned about the issues and the jr high mentality/behavior being exhibited by our current administration rather than a piece of paper.

Everyone has written about how "birthers" are crazy or un-American and there's no doubt they're ridiculous however the sect that is seriously deranged and in desperate need of psychiatric care are "truthers." "Truthers" are truly despicable, they make "birthers" look normal by comparison.

[Can't we all just get along?]

It's sad to see that there are actually people out there who put forth such effort to get a president who was clearly born in America ousted. Maybe if people would dedicate such effort into supporting the president regardless of political party or race our country might be in a better state? Just a thought. By the way I was born at Kapiolani Medical Center and grew up in Makiki where Obama was raised. Obama is not just some black guy from Chicago. He is a half black half white man who was born and raised in the most culturally diverse state in the union. He is the modern face of America. Whether we like it or not we're all going to have to be more tolerant of each other. Together we stand, divided we fall.

[trent1280]

The birthers and their dazzlingly incompetent 'attorney', the well-known dentist Orly Taitz, Esq, have been utterly discredited in Judge Carter's disposition of their so-called 'case' today.

Like every other birther attack on our system, this too has failed.

Their documents are forgeries. Their claims are false. Their standing is non-existent. Their remedies are unconstitutional. Their lies are endless. And their hysteria?

Immaculate. It cannot be touched by reason or fact.

Next? Orly Taitz will be disbarred.

Couldn't happen to a nicer nitwit.

[Julian B Duron]

Once again justice has failed the electorate. Either a candidate is a United States Citizen or Not. You can not run or serve as President of the United States if you are not. This Kool-Aid intoxication runs deep. As a Veteran that served this country I find this decision unforgivable. I feel sorry for my bothers in the Armed Forces that have to serve under this Sham President, alleged Commander and Chief.

[JMarra]

Here's how to be a birther: take a two-by-two and hit yourself on the head a dozen or so times until it bleeds. Then drink about a quart of vodka every day for a week. Then take a handful of barbiturates. Then, when your brain is a stinking puddle of dead and dying cells, channel Orly Taitz.

THEN it will all make sense to you. You just have to destroy the brain first.

[JMarra]

ORLY TAITZ WAS NOT BORN IN AMERICA. SHE WAS BORN IN THE SOVIET SOCIALIST REPUBLIC OF MOLDAVIA AND EDUCATED AT HEBREW UNIVERSITY.

She's an Israeli, and not one of the good ones, either. SHE'S NOT EVEN AN AMERICAN CITIZEN. Jesus Christ, these birthers can't even get a U.S. citizen to forward their moronic spittle-flecked halitotic yapping.

[JMarra]

More crap from Orly Taitz:

Other Obama-related conspiracy theories Taitz has repeated include:

* A number of homosexuals from Obama's former church have died mysteriously.

* Obama has dozens of social security numbers, and his passport is inaccurate. Taitz claims that a person who was cooperating with the FBI in connection with Obama's passport died mysteriously, "shot in the head".

* A Kenyan birth certificate with the name "Barack Obama" is authentic.

* Obama's first act as president was to donate money to Hamas, which she claims will be used to build Qassam rockets.

* Obama or someone connected to him has made threats to Taitz's life, including vandalizing her car.[14]

* Obama is having the Federal Emergency Management Agency (FEMA) build internment camps for "Anti-Obama dissidents" [12]

[JMarra]

NO HONOR AMONG MORONS:

Philip J. Berg lawsuit

On May 4, 2009, Taitz and her organization, "Defend Our Freedoms Foundation", were sued by Philip J. Berg, another prominent figure in the Birther movement, accusing Taitz and her organization of harassing Berg's supporters. The allegations included a claim that Taitz uses "JS Kit" software, which "tracks" and "hacks" computers and individuals that visit her websites and blogs. Berg also alleges that, when Taitz filed a lawsuit on behalf of Alan Keyes against Obama, she plagiarized Berg's work. In addition, Berg claims that "Defend Our Freedoms Foundation" does not have a proper Federal Tax Identification Number, that Taitz claimed Obama's "thugs" were stealing money from her supporters by making fake e-mail addresses and encouraging people to send PayPal donations to them instead of her real e-mail address, and that she falsely complained to the Federal government that her own websites had been hacked.[19]

[Chuck Taylor]

Why is there such a double standard? If Mr. Obama were a Republican you people would be crying your eyes out for absolute proof that he were a natural born American citizen. There were hearings on John McCain's eligibility to become president, there have been no such hearings for Mr. Obama. Apparently you only have to prove your eligibility to become president if you are Republican. Where in the Constitution of the United States does it say only the Republicans must abide by these rules and not the Democrats. All Mr. Obama has to do is show his long form birth certificate which states the hospital and the doctor used for his job birth. Why has Mr. Obama spent $1.6 million keeping all his records sealed?

[Bill]

If the claim has no merit, why does Obama employ a team of lawyers to keep his records sealed including his long form Hawiian birth certificate? Seems like a lot of effort and resources to conceal that which should be public domain. The truth will eventually come to light and all of those involved with this conspiracy should be tried for treason.

[missoula]

Please, please, please, you stupid Birthers, never ever stop! Keep whining for a hundred years, no, a thousand! Every time you open your mouth the rest of us see more clearly your racism, your hate, your insanity. Please continue to throw tantrums and not participate in the political process, because we don't want or need your point of view in the healthcare discussion, in the war discussion, or any other important dialogue.

[prav]

There seems to be some astonishment among the birthers that the judge dismissed the case after he'd already set a trial date. The mundane truth is that judges do this all the time. The fact that a trial date is set is purely clerical - it says nothing at all about the merits of the case. A scheduling order sets tentative dates pending the resolution of any outstanding motions, like the defendant's motion to dismiss in this case. It's not a solemn promise from the court that the case will proceed to trial.

[Jack]

CARTER IN A NUTSHELL: Expanded Orly Taitz default judgment case against CANDIDATE Obama for fraud into a Presidential Removal case against PRESIDENT Obama (promising a trial), but then ruled the Court lacks said Presidential Removal authority, not only dismissing the Judge-expanded Presidential Removal case (reneging on the trial), but throwing out Orly's Candidate fraud case as well -- all this on a red herring that Orly's case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09 and despite the Orly-alleged fraud was committed by Candidate Obama prior to becoming President and for which there is no Presidential immunity in any case. Thus Judge Carter set up and knocked down his own straw man, and misstated fact and law to bury Orly's actual case. Pretty nifty!!!

[USA 2009 == USSR 1989]

I see a lot of posts on here that make high and mighty claims that some posters are delusional.

Let me tell you what's delusional:

IOU's for paychecks.

Debt to GDP ratio that's greater than 50%

Extremely weak dollar

10-20% unemployment

Rampant economic fallacies abound such as broken window fallacy

75% of debt owned overseas

So if you think this administration is doing a good job - think again.
Recent history shows countries that run debt this high get dissolved.

What's the point? It's never too late to UPHOLD THE CONSTITUTION, but as of right now America runs a high risk of dissolution in the next decade.

All you people who want to dismiss this as Blue Team vs Red Team, save it. I really care nothing for your politics without fundamentals. Your president never changes. I can't tell where one starts and the other leaves off. I really care nothing for you, you are the acceptors of entitlements, the plunderers. The working people won't stand for it much longer.

By the way, how much are you enjoying your foreign wars with no end and no objective?

[h]

If the "birthers" would work as hard to get us out of Afghanistan as they do in their deluded efforts to overthrow Obama, we'd all be better off.

[phoenixandrew]

To all you people who STILL question Obama's citizenship and nationality, get out of my country, stay out and don't come back. Birthers are just as scummy as those who offer revisionist history on the Holocaust.

Obama had more right to run for president than John McCan't. Obama was born in Hawaii, McCan't was born in the Panama Canal Zone, so he was never eligible to run for president. Barry Goldwater also should not have run for president either because at the time he was born in Arizona, Arizona wasn't a state yet.

[phoenixandrew]

I'm going to file a complaint against Orly Taitz with the California Bar in an attempt to have her disbarred.

[Tom]

Get over it. The fix is in. This idiot and fellow Dems and Libs are Hell bent on destroying America. Get out the vote and put these morons in the unemployment line.

[Warren]

A judge in their own backyard rejected their claim but, those right wing nuts can't accept truth. At this point we can only laugh at them.

[Ernest]

Like it or not, the following shows the truth of the matter. Obama can NEVER legally be considered a “natural born citizen”. Read and comprehend the confession of Obama’s lack of Constitutionally required “natural born citizen” status (which is the ONLY time it can be attained) from “Fight the Smears” and “FactCheck.org” : “When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.” No one can be governed by The British Nationality Act of 1948 at birth, then magically declare themselves a “natural born citizen” of the United States at age twenty one – by law, it is a complete and utter impossibility. We KNOW anyone who attempts to say otherwise is “outed and exposed” by their actions and the following article : http://muffledoar.blogspot.com/

[mario]

who is ORLY TAITZ, name & last name are not american but russian, was she looking for 15 minutes of fame. have you seen her picture it looks like a guy that had surgery, yakks.

[Lamarr01]

The Certificate of Live Birth that was posted on Obama's StopTheSmears website was produce using PhotoShop on June 12, 2008 at 8:13. Anyone proficient with PhotoShop can point out several editing errors. Later, the supposed physical document was photographed and viewed by some reporters. It has never been verified by a document expert.

There must been something on the long form that Obama wants to hide.

Has anyone actually seen the birth announcement on the microfiche at the Honolulu Advertiser? Neither Obama or his parents ever lived at the address listed in the birth announcement. I can supply the name and last known address of a person that lived there in 1961.

The obituary of the woman that lived there was published on June 12, 2008 in the Honolulu Advertiser. The address in the obituary became the address used when the birth announcement was created in PhotoShop.

Please supply the name of any witness to Obama's birth at the Kapiolani Hospital. Any witnesses should be at least 65 to qualify.

[A Bartliff]

Does any body really know who this guy is and where he came from. I'm not sure he knows since his sluty mother bounced from one place to another, from one black guy to another. There has to be a reason why his records from all phases of his life has never been made public. Up to now
we have known the back ground of every president. Why is he
the exception?