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Judge rejects 'birther' lawsuit targeting Obama

A court rebuts arguments that the president is not a natural-born American

By Sam Stanton / Sacramento Bee

POSTED:


SACRAMENTO, Calif. » Nothing succeeds like persistence — unless you're Orly Taitz.

The 52-year-old lawyer-dentist-real estate agent from Laguna Niguel, Calif., brought her years-long battle to oust Barack Obama from the presidency to a federal courtroom Thursday.

Her appearance was part of a last-minute bid to stop the counting of Electoral College votes in Washington, D.C., that will pave the way for the president's second inauguration Jan. 21.

She failed. Again.

But the hearing before U.S. District Judge Morrison C. England Jr. was hardly routine.

Taitz has been dubbed the "birther queen" for her claims that Obama was born outside the United States and therefore cannot legally be president.

"What we're doing here is the right thing," she said during the hearing at Sacramento's downtown federal courthouse. "It's stopping treason.

"We are looking for one honest judge who will look at the case on its merits."

She ran into a brick wall with England. The judge sparred with her for more than an hour as the hearing played out in a courtroom overflowing with spectators, many of them clearly not Obama supporters.

"Your argument, it doesn't make any sense whatsoever," the judge told her at one point.

In the end, England rejected her request for a temporary restraining order that would stop the tally of Electoral College votes and deny Obama a second term.

The hearing stemmed from a suit Taitz filed Dec. 13 on behalf of two Electoral College electors and three minor presidential candidates.

In an argument that England said Taitz has pursued 13 previous times in court, she sought to present evidence that the president's birth certificate is a forgery.

"It's a joke," she told the judge. "It's not even a good forgery."

She added that the president is using a stolen Social Security number, that Obama might not really be his last name and that, basically, he is has no right to serve, "not (as) president, not a janitor in the office of president."

The arguments have been explored and debunked for years, but hard-core believers continue to raise them.

Taitz sought to introduce evidence from witnesses about the font size of the type on the president's birth certificate, as well as from an investigation launched by Sheriff Joe Arpaio of Arizona's Maricopa County.

Obama staffers had long ignored the claims, but finally addressed them in the latest campaign when Donald Trump began to raise the issue. A copy of the president's birth certificate from Hawaii was posted on the White House website in an effort to put the matter to bed.

Mention of that by Assistant U.S. Attorney Edward Olsen, who was representing the federal government in court Thursday, brought derisive chuckles from the courtroom audience.

But Olsen was not swayed. "Even if this is all true in their wildest hopes, they still have not presented any evidence that the president is not a natural-born citizen," he said.

Taitz did try to present two witnesses, including one she said she had paid to fly in from Florida, but the judge said his order for the hearing allowed only oral arguments.

Taitz spent much of the hearing arguing over that point, and the audience became restless, with one man wearing a gray blazer and blue jeans eventually standing up in the front row as if to offer his own argument.

"Sit down," England sternly ordered.

He did, and a court security officer moved closer to him.

"Why do you keep filing these lawsuits when they keep getting rejected?" England asked at one point.

Taitz responded by comparing herself with Thurgood Marshall and his persistence in filing suits to fight segregation. She explained that one of the plaintiffs is a Republican elector for Mitt Romney, who came in second to Obama in November.

"But second," England countered. "What part of second don't you understand?"

Finally, the judge rejected the request for a restraining order, saying Taitz had no hope of prevailing anywhere.

"There is absolutely no way that this case will survive the challenge it faces," he said.

The reaction from courtroom watchers was unmistakable. "Mockery," one man shouted as he stormed out, followed by another who was holding his nose.

"That really stinks," he proclaimed.






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clum56 wrote:
What does this LOLO from California not understand, President Obama's our president and his BirthCertificate is legal. She must be a real REPUBLICAN!!!!!!
on January 4,2013 | 02:48AM
false wrote:
Certainly leave the continental community she travels in suspect for limited intellectual capacity. Some really disconnected people out there could be a center for irrational behavior. They should be on a "watch list." "Birthers" are just nuts on the loose.
on January 4,2013 | 04:37AM
allie wrote:
agree..so much wasted time and money. What alarms me is the bizarre hatred for our American president by some elements in our society. Tea Partiers are anti-American but their is a violent streak there
on January 4,2013 | 05:49AM
KeithHaugen wrote:
a "watch list" for these anti-American nuts is probably a good idea, but it smacks of the anti-American provisions in the Bush-era "patriot" law..... probably not a good idea.
on January 4,2013 | 07:13AM
KeithHaugen wrote:
She's not playing with a full deck and does crazy things like this to keep her name and face in front of the public. FREE advertising.
on January 4,2013 | 07:12AM
kimpira wrote:
Free advertising exactly. With all her "credentials", she has the money for court fees, etc. Frivolous!
on January 4,2013 | 05:16PM
cabot17 wrote:
Orly Taitz is an embarrassment to the Republican Party.
on January 4,2013 | 07:41AM
HawaiiCheeseBall wrote:
I really believe that this is all a scam. She gets big speaking fees for making presentations to fringe groups on her "evidence" that the President is not eligible to serve. You know the saying that any publicity is good publicity? This is the case with her today, the judge threw her out, but she gets her name and picture in the media, she feeds her fringe audience with statements about forged documents and the like, then she will just go on to the next talk radio show and speaking engagement and keep collecting the bucks. She may look like a fool, but I thing she is playing a whole lot of people for her own gain. I am sure we will see more of her in the future, there will be an appeal(s), more talk radio and more face time for her. If the media would just stop covering he, mavbe she would go away.
on January 4,2013 | 07:42AM
droid wrote:
You hit the nail on the head. This perpetual publicity stunt keeps Ms. Taitz in the national limelight, which is clearly her main objective.
on January 4,2013 | 08:27AM
TKHawaii wrote:
Lat time I checked, this was Earth. Not sure where this wacko is, but it is not Earth.
on January 4,2013 | 05:24AM
tsushimama wrote:
From a galaxy far, far away!
on January 4,2013 | 05:40AM
ceria wrote:
Orly Taitz has so much hate in her heart for the president that she will go to any lengths to discredit him. Go back to the universe, Orly, wherever yours is!
on January 4,2013 | 05:38AM
KeithHaugen wrote:
She needs help...medical (mental) that is.
on January 4,2013 | 07:14AM
loquaciousone wrote:
For someone who claims so many careers Only Teeets sure has a lot of time on her hands.
on January 4,2013 | 06:03AM
busterb wrote:
She should add Dolly Parton look-a-like to her list of careers.
on January 4,2013 | 06:56AM
loquaciousone wrote:
Besides the t patty, the republican party has to manage those crazy birthers. No wonder the republican party has lost it's way.
on January 4,2013 | 06:05AM
KeithHaugen wrote:
Tea party and birthers are tails wagging the (GOP) dog.
on January 4,2013 | 07:15AM
MakaniKai wrote:
Listen up Ms. Taitz, Obama could have been born in Kenya (but I know better) he is still a U.S. Citizen BECAUSE his Mother was a natural born U.S. Citizen! Therefore by birth he is a U.S. Citizen! Get a grip! Aloha.
on January 4,2013 | 06:31AM
KeithHaugen wrote:
My favorite GOP story is how Obama was born in Africa (must be, because he is Black) and hidden in a basket in the rushes of the Nile until he was found by a wayward Democrat. He then walked on water overnight to suddenly appear in the arms of his mother at Kapi`olani Hospital (later renamed) the following morning. Our President is a pretty great guy, even with that unbelievable past.
on January 4,2013 | 07:17AM
ross13moon wrote:
the Constitution only allows persons born in the U.S. to be President
on January 4,2013 | 07:52AM
Imagen wrote:
Do you mean to tell me that Obama is the ONLY African American in an elected office? I am shocked!!!
on January 4,2013 | 09:31AM
64hoo wrote:
no hes the only half African American to be elected to an office, remember hes half white so hes not a true full blooded African American president I wonder when hes goes to and asks michelle should I sleep on my white side(right) or my left side. I go by blood heritage not by pigmentation of the skin.
on January 5,2013 | 01:28AM
busterb wrote:
Then how could Mitt's dad run for POTUS? He was born in Mexico.
on January 4,2013 | 02:50PM
64hoo wrote:
get your head out of the sand mitts dad never ran for POTUS he ran for senator.
on January 5,2013 | 01:32AM
kahu808 wrote:
McCain was born in Panama.
on January 4,2013 | 08:50PM
64hoo wrote:
yes at a u.s. military hospital which is on American soil so he was born an American citizen.
on January 5,2013 | 01:31AM
kainalu wrote:
You can put lipstick on Orly Taitz, and she's still a pig.
on January 4,2013 | 07:33AM
ross13moon wrote:
"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein
on January 4,2013 | 07:53AM
Iuki wrote:
This woman is an evil pig, and so is Trump for doing more lying about the President. They hugely insult him and his mother, plus they insult Hawaii and its current Governor, who actually knew Obama's parents at the time of his birth and has said so. They even insult our former GOP governor, who attested to the legitimacy of his birth certificate. I don't think they are even Republicans. They are racists who cannot stand the idea of a black person being elected President not once but twice.
on January 4,2013 | 07:53AM
64hoo wrote:
no are current governer said he was there when Obama was born I guess he was holging obamas mothers hand while she was giving birth. when he said I was there.
on January 5,2013 | 01:35AM
MakaniKai wrote:
Okay the year is 1961. A nineteen year old U.H. co-ed (not you allie) is pregnant, and her parents live on the same island. Then one day she decides “Hey, I think I’ll fly half way around the world to give birth”……I don’t buy it. Stop and consider air travel as well as land travel on the African continent in 1961. Nothing about it makes sense. What does is: The President was born in the State of Hawaii at Kapiolani! Pau. Aloha.
on January 4,2013 | 08:35AM
CriticalReader wrote:
Having googled Orly Taitz and viewed the "image" page collection of pictures, it is clear that her nickname should be "Saggy". As in "Saggy Taitz".
on January 4,2013 | 08:36AM
kainalu wrote:
Touché!
on January 4,2013 | 10:21AM
false wrote:
She should just sell a few houses or go fix some teeth.
on January 4,2013 | 08:40AM
MakaniKai wrote:
Okay the year is 1961. A nineteen year old U.H. co-ed (not you allie) is pregnant, and her parents live on the same island. Then one day she decides “Hey, I think I’ll fly half way around the world to give birth”……I don’t buy it. Stop and consider air travel as well as land travel on the African continent in 1961. Nothing about it makes sense. What does is: The President was born in the State of Hawaii at Kapiolani! Pau. Aloha.
on January 4,2013 | 08:43AM
Fred01 wrote:
I think you are lying.
on January 4,2013 | 10:32AM
busterb wrote:
Yeah, everyone knows allie is pregnant.
on January 4,2013 | 02:51PM
kahu808 wrote:
Not pregnant, beergut.
on January 4,2013 | 08:51PM
shawnchun wrote:
she looks like one of fox news bill oreilly's shows fem-bots. fox news: today's yellow journalism
on January 4,2013 | 09:15AM
NiteMarcher wrote:
I can remember the evening when I was invited by my sister to watch a movie at Ward theatre, a limited engagement and where I wouldn't have to worry about paying for my ticket. Low and behold, wrong move...I was blown away by this movie "2016 - Obama's America." I couldn't believe the amount of people falling for the spun out "cool-aid" which was obviously financed by some flexing muscled Republicans. I found that most of those seated were part of a particular church affiliation--a group who were most likely targeted by the Republican party. What enormous propaganda they've thrown out here in the islands--I even found myself making loud comments throughout the movie (definitely not me), but actually, I really wanted those seated around me to hear whatever I was throwing out. After the movie, I told my sister don't you ever invite me to view such nonsense as this, and I could less if it's free too. This lady most likely belongs to the same Republican non-sensical party.
on January 4,2013 | 10:52AM
loquaciousone wrote:
Did you do the wave too with those three D sunglasses? Whooosh it went and the lights went on. When it was time to leave I refused to give back my 3d sunglasses and three skinny wimps tried to tackle me as I hit the hole behind my left tackle (my grandma). With 3 guys hanging onto my kneecaps I waded out of the theatre with my 3d sunglasses clenched in my right fist. After scoring on first and 15, I did my Billy White Shoes (I bet you young guys never heard of him ) best imitation.
on January 4,2013 | 11:13AM
keawe wrote:
...why doesn't a Doctor or nurse or anyone that helped deliver him step forward? I am sure they would remember our President and end this birth certificate debate.
on January 4,2013 | 02:24PM
busterb wrote:
Cause their questionable deaths were part of the hush up. After being forced to send the birth announcements to the HA and SB, they were taken out to the cane fields.
on January 4,2013 | 02:52PM
kainalu wrote:
I can't remember what I had for lunch two Tuesday's ago, I doubt that a Physician or nurse - if they're still alive - is going to remember something uneventful as a student giving birth back in the early '60s.
on January 4,2013 | 05:12PM
Mythman wrote:
She is an immigrant from the former Soviet Union and appears to have in her own mind some kind of transference between that old system and the US federal legal system - this seems to be her point. A lot of people have tried to make the same analogy, the Beatles for one, remember? "Back in the US, Back in the US, Back in the USSR"?
on January 4,2013 | 03:06PM
livinginhawaii wrote:
I was born a day before Barry and do not recall seeing him there. Face it he is President. You folks need to get over this and move on with your lives. Continue to read and believe the hot-sheets... MIB
on January 4,2013 | 04:33PM
RTH wrote:
The bc has been shown to be a complete fraud and forgery. Arpaio proved it beyond any doubt whatsoever. The proof you need to understand is that it will never be allowed to come out. Every judge has ran away from doing that. This country is headed for a real disaster in his next term. Stuff like this only happens in third world countries. With dictators that make everyone vote for themselves. Typical. The states obama "won" were "won" with 150% of the population in the states voting for him, with No ID required. The states he lost had voter ID intact. That says it all. You have just enslaved yourselves. There is an old saying..."ignorance is bliss." We will see how blissful it is from this point on.
on January 4,2013 | 10:26PM
sailfish1 wrote:
Wow! After President Obama finishes his second term, he can write a book entitled "The Truth Finally Comes Out " with hints that he will be telling the facts about his birthplace and citizenship. It will sell a BILLION copies. If he truly was not eligible to be the President of the U.S., it will be the BIGGEST FRAUD ever in the entire world!
on January 4,2013 | 11:38PM
64hoo wrote:
also in his book will be how I fooled everybody who looked up barry Obama at Columbia university and did not find my name there. when they should have looked up barry soetoro Columbia university under his stepfathers name they would have found a copy of his student card which is #600962011054355 and you would have found barry soetoro foreign student he would say I guess I fooled everybody and got free tuition from the us taxpayers. what a bunch of su----kers you people are. he would really make money on his book.
on January 5,2013 | 01:17AM
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