Rhodes v. MacDonald (Obama) is DISMISSED!!

[Adelante]

Good read. Orly Taitz is prevented from filing "similarly frivolous" cases in this George court.

http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.77605.13.0.pdf




The judicial smackdown is of truly grand proportions:

Then, implying that the President is either a wandering nomad or a prolific identity fraud crook, she alleges that the President “might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President.”

Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status.

The factual allegations must be sufficient “to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff’s complaint is not plausible on its face.

Presumably, some other military doctor, who does not resort to frivolous litigation to question the President’s legitimacy as Commander in Chief, would be required to go to Iraq in Plaintiff’s place. Similarly, the doctor who Plaintiff is being sent to relieve and who has likely been there for months would be delayed in receiving his well deserved leave because his replacement seeks special treatment due to her political views or reservations about being placed in harm’s way.

A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly disserve the public interest.

And last, but friggin' painful for their lies about the "millions" O is spending on legal fees:

For the reasons previously stated, Plaintiff’s motion for a temporary restraining order is denied and Plaintiff’s complaint is dismissed in its entirety. Defendants shall recover their costs from Plaintiff. See Fed. R. Civ. P. 54(d).

[Robb]

1. Good stuff! Nice footnote here:

The Court observes that the President defeated seven opponents in
ling campaign for his party’s nomination that lasted more than
eighteen months and cost those opponents well over $300 million. See
Federal Election Commission, Presidential Pre-Nomination Campaign
Disbursements Dec. 31, 2008, http://www.fec.gov/press/press2009/
20090608Pres/3_2008PresPrimaryCmpgnDis.pdf (last visited Sept. 15, 2009).
Then the President faced a formidable opponent in the general election who
received $84 million to conduct his general election campaign against the
President. Press Release, Federal Election Commission, 2008 Presidential
Campaign Financial Activity Summarized (June 8, 2009), available at
http://www.fec.gov/press/press2009/20090608PresStat.shtml. It would
appear that ample opportunity existed for discovery of evidence that would
support any contention that the President was not eligible for the office he sought. :rofl:

[Hosnon]

8. I was just about to post that! I wouldn't be surprised if that is the manner in which

the Supreme Court would sidestep having to decide the issue.

[Cha]

17. But, those people weren't stupid attentionwhores..

so Barack Obama's birth certificate was accepted as is everyone else's who has proof of where they were born.

[Soylent Brice]

20. yeah, if i were not too disgusted to ever venture over to freepland i would post that over there...

[Mike Daniels]

36. The Freeps were close to accusing Land of being a pinko commie liberal

until someone pointed out that he was recommended by Saxby Chambliss and appointed by "W".

That little nugget didn't shut the FReeps up completely but it did remove a talking point.

[rhett o rick]

83. I can't keep my registration there. They are on to me by my second post. nt

[George II]

104. I tried a similar post there a while back, it was removed and I was banned within MINUTES...

.....they only want to hear/read their own crap, not logical sane information.

[PatGund]

2. Darn!

Beat me to it!! :-)

[Adelante]

27. Great day!

Great week :)

[Buzz Clik]

3. Orly will have to modify her prediction about when she force Obama out of office.

Smart money is on Never.

[bluescribbler]

99. No

Smart money is on January 20, 2017.

[HopeOverFear]

4. Loving the Debunking, group, Adelante! Keep up the good work! :)

[Adelante]

15. Thank you for the encouragement

I have some updating to do over there. :hi:

[Versailles]

5. Wowser...

The tone of that judgment sounded to me like it had an air of annoyance and almost a belittling manner. It felt like it was essentially calling Taitz a whackjob and the servicewoman a coward for not wanting to go to Iraq - not that I really disagree with either of those things, but I'm hesitant to think that should be blatant in a ruling like that.

[DevonRex]

12. She's nothing but a chickenhawk who loves the war until she has to go.

[Hansel]

50. Also, she's a socialistic who used US taxpayers to pay for her

medical degree and now doesn't want to uphold her end of the bargain.

[DevonRex]

53. Ok. So she was a warhawk before she was a chickenhawk. She was a

socialist until she had to work like socialist workers do. And she was all for following Obama's orders until she was against it. Anybody else dizzy?

[kestrel91316]

40. I got frivolously sued in federal court years ago (along with 40 other defendants)

and when the case was finally dismissed against me, the judge delivered a similar harsh smackdown. Which he was free to do, and which I roundly applauded.

The plaintiff in my case was subsequently declared a vexatious litigant, lol.

[leftynyc]

46. Judges are notoriously

short tempered about incompetent lawyers. They don't have to answer to anyone unless someone wants to try and impeach them. I love that he ordered her to pay the defendents legal fees. And that he was appointed by Bush and recced by Chambliss is just too delicious.

[WeDidIt]

49. Taitz doesn't have to pay a dime

Rhodes has to pay. She's the Plaintiff.

[leftynyc]

52. If Rhodes is smart

she'll sue for malpractice and get it done that way. Not that I feel sorry for her in the slightest. She's a coward and frankly, I hope she faces a court martial and learns to love the view from Levenworth.

[Lerkfish]

95. not that unusual for frivoulous lawsuits... remember, such suits are a WASTE of the judge's

time that could be better spent on real cases.

[mwb970]

102. If a plaintiff is really, truly crazy (like here) it is appropriate.

Isn't this what we are always asking for? An overt indication that the two "sides" in some debates are not equal, especially when one of the "sides" is batshit loco?

[Mayberry Machiavelli]

106. LOL

[Hosnon]

6. "George" court?

The south can't get anything right...Georgia can't even spell its own name.

[myrna minx]

7. That was fun to read.

:D

[Milspec]

9. Ba Da Boom

:toast:

[WeDidIt]

10. HAHAHAHAHAHAHAHA!!!!

:rofl:

Uh oh, Freakerland is on suicide watch:

http://freerepublic.com/focus/f-news/2339493/posts?q=1&;page=1#50

:rofl:

[Phx_Dem]

11. Slap! lol

[Uncle Joe]

13. That's a relief, I haven't been able

to eat Ore Ida Taters ever since this controversy started.

[WeDidIt]

14. Oh no, she din't!

Taitz cited an online AOL poll's results as a reason to quesition Obama's legitimacy:

Moreover, as though the “general opinion in the rest of the world” were not enough, Plaintiff alleges in her Complaint that according to an “AOL poll 85% of Americans believe that Obama was not vetted, needs to be vetted and his vital records need to be produced.”

:eyes:

[quiet.american]

29. Hello! I had to read that part twice, too. :) nt

[kestrel91316]

41. Personally I liked the reference to Alice in Wonderland best.

[BattyDem]

79. She cited an AOL poll in court?

:rofl: :rofl: :rofl:

[LiberalAndProud]

16. This paragraph makes me livid.

Captain Rhodes entered
the Army in March of 2005 and presently serves as a medical doctor.
The American taxpayers paid for her third and fourth years of medical
school and financially supported her during her subsequent medical
internship and residency program. In exchange for this valuable free
medical education, Captain Rhodes agreed to serve two years in active
service in the Army. She began that term of active service in July
of 2008 and had no concerns about fulfilling her military obligation
until she received orders notifying her that she would be deployed to
Iraq in September of 2009.

:nuke:

Good on the judge!

Plaintiff’s counsel is
hereby notified that the filing of any future actions in this Court,
which are similarly frivolous, shall subject counsel to sanctions

[quiet.american]

18. "Unlike in Alice in Wonderland, simply saying something is so does not make it so." lol!

To the extent that it alleges any “facts,” the Complaint does not connect those facts to any actual violation of Plaintiff’s individual constitutional rights. Unlike in Alice in Wonderland, simply saying something is so does not make it so. The weakness of Plaintiff’s claim certainly weighs heavily against judicial review of the deployment order, and in fact, would authorize dismissal of Plaintiff’s complaint for failure to state a claim.

Further bwwahhahahha! in the footnotes:

One piece of “evidence” Plaintiff’s counsel relies upon deserves further discussion. Counsel has produced a document that she claims shows the President was born in Kenya, yet she has not authenticated that document. She has produced an affidavit from someone who allegedly obtained the document from a hospital in Mombasa, Kenya by paying “a cash ‘consideration’ to a Kenyan military officer on duty to look the other way, while obtained the copy” of the document. (Smith Decl. ¶ 7, Sept. 3, 2009.) Counsel has not, however, produced an original
certificate of authentication from the government agency that supposedly has official custody of the document. Therefore, the Court finds that the alleged document is unreliable due to counsel’s failure to properly authenticate the document. See Fed. R. Evid. 901

[WeDidIt]

19. Land took Taitz to the woodshed

Unfortunately for Captain Connie Rhodes, she's the one who'll pay the ultimate price.

She's now and forever more a Blue Falcon. On top of that, she is now wide open to charges under Article 88 of the UCMJ.

[quiet.american]

21. True enough. As for the Captain, you just have to wonder -- what was she thinking?

You're right -- in Rhodes'case, "teh stupid" will have real-world repercussions for her that could have been avoided if she hadn't participated in this absolute nonsense.

[LiberalAndProud]

22. Not undeserved.

Rhodes deserves whatever is coming to her.

She should have talked with a lawyer first. --
Oops, she did. Can lawyers be sued for malpractice?

[WeDidIt]

25. Most law firms carry malpractice insurance

I suspect Ms. Taitz only carries malpractice insurance for her dentistry practice.

In fact, if you dig you'll discover the only reason Taitz sought her law degree (from an unaccredited online law school) and took the bar was so she could defend herself in malpractice suits.

[LiberalAndProud]

28. Oh dear.

I wasn't aware of the longish list of dentistry malpractice suits in her past. Too funny.
:rofl:

It would be ironic if Rhodes sued Tall Tale Taitz.

[Adelante]

34. I don't think a malpractice suit would go over, anyway

The judge made sure Rhodes testified in public. Her personal beliefs are in the court record.

[WeDidIt]

35. IF she faces charges under Article 88 of the UCMJ, she most definitely has a case

and I suspect she will face mroe charges than just an Article 88.

Taitz is messing in areas of law she has no clue about, has made recommendations to file a spurious lawsuit and if it results in harm either via civil or criminal court proceedings, Rhodes has a case.

[Adelante]

37. That's interesting

I don't think I would agree, but I'm no lawyer, and what you say does make sense.

[kestrel91316]

42. Rhodes will get no sympathy from me. I hope she does hard time at

Leavenworth, or wherever they ship military convicts.

[WeDidIt]

44. I agree

but it's sad she listened to the ravings of an insane person and took those ravings as good legal advice.

[sundancekid]

55. does Rhodes practice medicine with the same scholarship as

the legal prowess of the Attorney she chose to represent her interests in a Court of Law?????

Teh Stoopid may have become TEH TSUNAMI TSTUPID

[cyndensco]

60. I always sympathize with people sent to Iraq - particularly those who do not want to go.

In her case, not so much. :D

Oh, what I would give to have the opportunity to tell her, "Dr. Rhodes, thank you for fighting for our freedom." :patriot:

[beac]

66. I hope they make Rhodes pay back the cost of her education before she heads off to

Leavenworth.

[WyoHiker]

78. 'bout chocked on my popcorn when I read that one!!

[PSzymeczek]

80. Mombasa was not part of Kenya

when the President was born. It belonged to Zanzibar.

[Colobo]

87. LOL!

[pansypoo53219]

23. in obama kenyan

or a nigerian?

[Brother Buzz]

61. Kenyan or Nigerian, he's still the President of the United States

That's a fact, Jack. ;)

[DevonRex]

24. I the military throws the book at Rhodes. Prison time, hard labor. nt

[BootinUp]

26. AND HEADS EXPLODE in FREEPER LAND

LOL>

[WeDidIt]

30. Not too bad for the most part

They're trying to blame it on "Demmocrat appointed judges" (George W. Bush appointed Land on September 21,2001) or taking the cases to courts in "liberal areas" (this was the Georgia Middle District Court):

http://freerepublic.com/focus/f-news/2341164/posts

[scheming daemons]

31. Best part: Judge was a Bush appointee in 2001... and was a GOP State Senator in Georgia before that

[BlooInBloo]

33. Damn you.

:P

[alp227]

100. See? This puts birthers on the loony fringe of Repubs

alongside Rep. Bill Posey (author of the birth certificate requirement bill for future presidential candidates) and his 10 co-sponsors, when even a BUSH-nominated judge knows better than those loonies.

[BlooInBloo]

32. Notes that the judge was appointed by bush.

[BootinUp]

38. The judge went into plenty of detail

to help the learning impaired.

[kestrel91316]

39. I wanna have Judge Land's baby!!!!!

[Spazito]

43. This is a hoot to read! It is not merely a slap-down, it is a 14 PAGE...

slap-down, I LOVE it!

Recommended as a MUST READ, the utter humiliation delivered to both Oily and her chickenhawk client is positively delicious.

[Usrename]

92. It's hilarious!

" Unlike in Alice in Wonderland, simply saying something is so does not make it so."

:rofl::rofl::rofl:

[TheKentuckian]

45. Great random freeper voice of reason response here

To: vikk
Land also put attorney Orly Taitz, .... on notice by stating that she could face sanctions if she ever files a similar “frivolous” lawsuit in his court.

Yet just this week, Orly Taitz stated that she would have Obama out of office within 30 days. Her grandiose comments, and attempts at litigation, are the legal equivalent of Star Trek techno-babble. She is promising to crawl through the Jeffries Tube, and neutralize Obama with a stream of reverse tachyon particles.

That is why so many Freepers are keep posting that she is either a moron, or a double agent. They know that she could not win the case, even if she really did have a case. Every second and dollar spent supporting her is a second or dollar spent in the service of Obama.
91 posted on Wednesday, September 16, 2009 1:56:46 PM by Pilsner
< Post Reply | Private Reply | To 1 | View Replies>

[mzmolly]

47. : )

:)

[Adelante]

48. Wonkette

Latest Orly Taitz-Litigated ‘Birther Soldier’ Lawsuit Dismissed In Hilarious Opinion

Terrifying dentist-lawyer Orly Taitz recently filed another suit on behalf of some wingnut soldier who didn’t want to go fight in the various wars — although had no problem remaining in the military, in America! — because Barack Obama is from Kenya and cannot ergo make her do that, so there. Well, here is a judge in Georgia making fun of Taitz, and this soldier, for 14 pages. It is brilliant.

http://wonkette.com/411111/latest-orly-taitz-litigated-birther-soldier-lawsuit-dismissed-in-hilarious-opinion

[beac]

68. "Terrifying dentist-lawyer"

:rofl:

[grantcart]

51. great read and a complete smackdown

[Chisox08]

54. Good now she can focus on catching moose and squirrel

[ladywnch]

81. now THAT is funny!

[euphoria12leo]

56. A coward and a nut team up

So Obama has to pay millions for all the frivolous lawsuits. OK, so he doesn't have to pay for this one but what about
all the others. I've read about several cases and the last one the judge was thinking about having the plaintiff pay for
Obama's legal fees. Maybe they just want to drain his pockets since it's all bs and they know it.

[Orangepeel]

59. does Obama even have anyone show up to court for these wastes of time?

does he have millions in legal fees? hell, he could send a volunteer community college pre-law student to court and he'd still have no trouble.

[euphoria12leo]

63. Pre-law student

I was thinking about the "Legal Department" in the WH. Maybe they are too busy. I'll have to ask Palin about that.



:sarcasm:

[demwing]

88. You know, it wasn't so much the name mix up "Justc" vs "Legal" ?? Who cares?

It was the fact that she had absolutely NO idea of what the department did, could do, and ought to do.

[Flying Dream Blues]

101. I think you mean the "Department of Law"

"I think on a national level your department of law there in the White House would look at some of the things that we've been charged with and automatically throw them out," she said.

Which is even more of a classic ignorant-and-proud Palinism.

[PatGund]

64. That's a birther talking point actually...

That Obama is supposedly "paying millions of dollars" to hide his records.

Most of the lawsuits have been against state or federal officals as the primary defendant. Very few have been against Obama directly.

[euphoria12leo]

72. I'm sure I read about attorneys for Obama being at a hearing

When you get in to birther talking points it's hard to keep up. I don't know why anyone would believe he's paying
millions to hide his records when a Republican from Hawaii has said over and over again that they have checked the
b/c and it's legal.

[Cha]

82. That's right..the republicon governor of Hawai'i who

was on the Mainland talking trash about Obama for mcpalin and she sure as hell would have mentioned he wasn't even born in Hawai'i if she only could..no, all she said was that he wasn't even a local because he left..oh, and when he came back he didn't call her. :nopity:

[Mayberry Machiavelli]

105. "You're sure you read somewhere" - perhaps you can provide a source?

Or not repeat that GOP talking point anymore?

[high density]

57. Well now the woman is going to Iraq.

Good luck to her.

[DevonRex]

58. Let's just hope she doesn't ask wounded soldiers if they voted for Obama

before she decides whether or not to treat them.

[Doctor_J]

62. well, then...I guess we've heard the last from the birthers

:sarcasm:

[WeDidIt]

65. She's still got her California case

and she was at the teabaggery on Saturday drumming up donations while making spurious claims about her spurious lawsuit:

http://www.youtube.com/watch?v=ZGPo-HfbGgY

[Yavin4]

67. You Forgot The Judge's Last Comment

Orly is is ugly as well.

[SIMPLYB1980]

69. LoL!

Why hasn't she been disbarred yet?

[Adelante]

70. Orly Taitz: Judge Clay Land “should be tried for treason with Obama.”

Orly Taitz, Rhodes’ attorney told News Three the ruling is “horrible.“ Taitz said Judge Clay Land “should be tried for treason with Obama.“ Taitz also said Judge Land’s ruling “showed a total disrespect for the Constitution of the United States of America.“ …

Taitz says she plans to appeal the ruling to the Eleventh Circuit Court of Appeals. She has 60 days to do so. She’s currently appealing a similar ruling in a similar case before Judge Clay Land involving another soldier.

http://www2.wrbl.com/rbl/news/local/article/judge_denies_tro_in_latest_birther_case/92633/


This should make every other judge in the country pleased with Oily :rofl:

[LynnTheDem]

73. Love it! She is pushing her luck BIG time now.

I do feel sorry for her, she is very obviously a deeply mentally disturbed person. But fuckin' 'ell I'm so sick of her idiotic insane bullshit.

[iceman66]

71. Post of the day!

Thank you.

[LiberalAndProud]

74. Kick for the evening crowd.

Comedy gold.

[tanyev]

75. Crap! The Freepers had such high hopes for this case.

:spray:

[BootinUp]

76. I know, its fuckin hilarious. nt

[WyoHiker]

77. K&R (I'm up to page 5, fantastic!)

[ladywnch]

84. I know I'm enjoying this stuff way more than I should but given

everything else that is going on, 9/12ers, teabaggers, health care, racist militias, etc.....this is pure entertainment!

[angrychair]

85. When does someone say "enough!"

There has to be a point when this has to stop. I can't imagine that this can go on and on like this. She is clearly mentally unstable...while she has another pending case before Judge Land she says he should be put on trial for treason! The cherry on that sundae is that she is going to appeal this case to the 11th circuit. Given her statements and clearly having no supporting evidence to support an appeal, its absurd. Who is funding this nutjob? I don't think there is a lot of pressure to push her out on the of the limelight by the Dems though because she is really doing a dis-service to the GOP. Its becoming sad and uncomfortable though, she is deeply disturbed and really needs someone to take her by the hand and lead her off the stage. It is upsetting that people are allowing this to continue. Where the hell is the CA Bar in all of this? Can she not be dis-barred in some procedural move? That would end this insanity and put this issue to rest finally.

*ended to correct spelling

[Anakin Skywalker]

86. AOL Poll 85%. Too Funny!

[Beartracks]

90. Yes, Rock-solid and scientific! I was also waiting...

... for some other similarly hard evidence to be cited, like: "As if the AOL poll was not itself 'sufficient,' Plaintiff also alleges that 'some people have suggested' the President may be foreign-born."

[goclark]

89. How sweet it is! nt

:bounce:

[Beartracks]

91. "Any middle school civics student...

... would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly 'protect and preserve' those very principles."

First off, one can only hope middle school civic students are being taught well enough to recognize the irony here.

Secondly, "abandoning fundamental principles upon which our Country was founded in order to purportedly 'protect and preserve' those very principles" kind of describes the Bush years! Coincidence?? :shrug:

[quaker bill]

93. Defendants shall recover their costs from Plaintiff

Very interesting, since they are the ones insisting that the Obama Administration has spent 2 million dollars defending themselves.....

How much money does Orly and her client have???

[Lerkfish]

96. whatever they did have I'm sure it will be much, much less.

but the silent, secret corporate dillweeds that sponsor this sort of thing will help her out.

[quaker bill]

94. She should have known

that the trial was a set up. But then, she apparently is not particularly bright (stoooopid with a fair ration of insane). The only reason a judge would entertain this claptrap in his/her courtroom would be to deliver this sort of smackdown (on a middle-school civics class level yet). She has now had her most likely one and only professional "shot across the bow". If she continues to file this nonsense she will be either heavily fined, disbarred, or perhaps both. She is not going to stop, so it should be fun to watch.

[Piewhacket]

97. well thats pretty much IT for THAT. Bye Bye Oily. Your time is UP!

[bluescribbler]

98. I like this quote

"To the extent that it alleges any
'facts,' the Complaint does not connect those facts to any actual
violation of Plaintiff’s individual constitutional rights. Unlike in
Alice in Wonderland, simply saying something is so does not make it
so."
:spank:

[alp227]

103. What about other crank attorneys?

I think the ban on birther lawsuit should extend to all attorneys not just Ms. Taitz.

[Manifestor_of_Light]

107. I hope she gets her license in CA yanked.

For frivolous and vexatious litigation.

Let's hear it for summary judgments and dismissal with prejudice!

GOOOOOO RULE 54!!!