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'Birthers' attorney says she will appeal decision on Obama lawsuit

By Carol J. Williams

Los Angeles Times

LAST UPDATED: 08:21 a.m. HST, Dec 23, 2011

LOS ANGELES >>A group of Southern Californians who insist President Barack Obama was born in Africa and should be ousted from the Oval Office had their case thrown out by a federal appeals court Thursday, but vowed to press their conspiracy theory with judges at the top of the judicial chain.

None of the “birthers” who filed suit on Inauguration Day 2009 can show that they suffered any harm from the Obama presidency that would give them the right to sue him, a three-judge panel of the 9th U.S. Circuit Court of Appeals said in dismissing the lawsuit brought by dozens of opponents.

Even the political candidates who lost to Obama in 2008 would only have had standing to sue if they had filed their complaint alleging unfair competition from an ineligible candidate before the election, the 9th Circuit judges said.

Lawyers for dueling factions of birthers said they would appeal the decision, with one group planning to seek review by a full 11-judge panel of the 9th Circuit and another that will go directly to the U.S. Supreme Court with a petition to reverse Thursday’s decision.

Among those challenging Obama’s eligibility for the presidency is Wiley Drake, a Buena Park, Calif., minister who once called on his First Southern Baptist flock to pray for Obama’s death. Drake’s attorney, Gary Kreep, said he would file for Supreme Court review because going back to the 9th Circuit “wouldn’t get us very far.”

Orly Taitz, a dentist-turned-lawyer who represents Alan Keyes, the American Independent Party’s 2008 presidential candidate, and about 40 others who joined the lawsuit against Obama expressed frustration with a judicial system that refuses to answer their questions about Obama’s legal right to his office.

“In three years, not one single court has stated that Barack Obama is a legitimate president, no court has verified that the Social Security number he uses was assigned to him, no court has validated his birth certificate,” said Taitz. “All the courts are simply passing the buck, kicking the can by saying they have no jurisdiction and that the plaintiffs have no standing.”

Taitz said the only reason Obama and his allies in Hawaii refuse to provide her with the original copy of his birth certificate is because “they know it’s a forgery and they will have to go to prison.”

The birthers’ allegations that Obama was born abroad and has falsified his identity documents for decades were aired at a packed hearing at the 9th Circuit courthouse in Pasadena, Calif., in May, just days after the president released a copy of his birth certificate issued by the Honolulu hospital where he was born on Aug. 4, 1961.

But rather than put to rest the conspiracy theory spread by talk radio hosts and political opponents that Obama was born in Africa, the Hawaiian document was brandished by the birthers as evidence of forgery.

The 9th Circuit judges noted at the hearing as well as in their ruling Thursday that, aside from the plaintiffs’ lack of standing, the challenge of Obama’s legitimacy to serve as president is a political question beyond any federal court’s power to decide. Only Congress can impeach a president, and any citizen petition for a common-law writ to initiate an inquiry into the legitimacy of the president would have to be brought through the federal court in Washington, D.C., the 9th Circuit panel noted.

Because the courts are constitutionally barred by the separation of powers doctrine from ruling on a president’s eligibility to hold office, the three-judge panel — all appointees of Democratic presidents — declined to review any of the materials the birthers hauled to the Pasadena hearing to prove Obama’s documents were counterfeit.

Rebuffed by the court, the birthers took their evidence outside the courthouse and pointed out for reporters and television cameras what they claimed were inconsistencies in the lettering, type size, paper quality and numbering of Obama’s birth certificate and that of a woman born at the same hospital a few hours earlier.

In the 9th Circuit’s 29-page ruling, the judges separately considered the claims of service personnel challenging Obama’s right to command them, congressional representatives questioning his authority to decide budget matters, common taxpayers claiming they were being defrauded by an illegitimate leader and 2008 candidates and election officials who said their campaigns were harmed by competition from an ineligible contender.

One element required of plaintiffs to establish that they have a right to sue is identifying an injury that the court has the power to redress. None of the other plaintiffs suffered any harm caused by Obama, the court said, and the defeated candidates “cannot claim competitive standing because they were no longer candidates when they filed their complaint.”

Neither Assistant U.S. Attorney David A. DeJute, who argued on Obama’s behalf at the May hearing, nor a Justice Department spokesman returned phone calls asking for the administration’s response to the ruling.

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kainalu wrote:
The "New World Order" would include these loser "birthers". The world is indeed flat.
on December 22,2011 | 09:27AM
Sully77 wrote:
Right On!!! Kainalu, some people just don't have anything better to do!!!
on December 22,2011 | 09:56AM
makapio wrote:
Hey,just ask Gov. Abercrombie,he was at the hospital
on December 22,2011 | 10:07AM
Anonymous wrote:
Total waste of taxpayer $$$$
on December 22,2011 | 10:28AM
Oye_Como_Va wrote:
Who cares? Everyone in Hawaii is for the local boy president. Anything to place Hawaii in the spotlight, right?
on December 22,2011 | 10:39AM
LanaUlulani wrote:

Not everyone is. Approximately 70% of those who vote in Hawai'i voted for Obama the Hawaiian Wanna Be. I do not recall him growing up in Hawai'i though I did go to school with Weldon Kekauoha a fantastic musician and family man.

The rest of the 30% have NOT been fooled. Mahalo.

on December 22,2011 | 11:00AM
kapoleitalkstory wrote:
WOW! You shoul dhead right over to Queens so they can give you a check-up and see how much damage you have done when you hit your head to think that President Obama was not born in Hawai`i.
on December 22,2011 | 02:49PM
bullturd wrote:
@LanaUlulani: HUH!
on December 22,2011 | 04:16PM
kainalu wrote:
Whoa, dude. Just because you bold your opinion doesn't make it true. Loser.
on December 23,2011 | 06:38AM
motoxdad wrote:
He probably don't remember you either, stupid
on December 23,2011 | 11:37AM
silvangold wrote:
For goodness sakes.............build a bridge AND GET OVER IT ALREADY!
on December 22,2011 | 10:50AM
LanaUlulani wrote:

It's ALWAYS good to question so-called authority. Throughout history evil people were able to do evil deeds because GOOD PEOPLE HELPED THEM.

Props to those people who QUESTION so-called authority. It teaches the keiki and mo'opuna to do the same so MAHALO.

I REALLY appreciate it.

on December 22,2011 | 10:57AM
kapoleitalkstory wrote:
So let me guess you think the world is flat and there is no thing as evolution...
on December 22,2011 | 02:50PM
entrkn wrote:
I would hope that the so-called plaintiffs are paying dearly for all of this nuisance and legal malpractice...
on December 22,2011 | 11:48AM
Papakolea wrote:
I'm not an Obama fan nor did I vote for him. But to the birthers: Enough already. You are making yourselves look stupid.
on December 22,2011 | 05:34PM
LanaUlulani wrote:

Actually they do not look stupid. They continue to challenge so-called authority. They show the keiki of Hawai'i to ALWAYS question and to THINK differently.

I hope these questioners continue to question. Onipa'a! Keep doing what they are doing. They are AWESOME!

on December 22,2011 | 05:47PM
kahuku01 wrote:
Looks are deceiving but You, Donald Trump, Tea Party/GOP and the birthers have continuously spoken with disrespect about an elected U.S. citizen occupying the highest and prestigious position in the United States of America. Having said that, you all speak without intelligence or evidence of proof and just because, we anticipate this issue to continue until the end of 2016. Your focus and energy should be on the members of congress who are always trying to disrupt and say NO to EVERYTHING that the president have suggested especially for the middle class people. I hope you too, continue to question and point your fingers at these ELECTED members of congress that are only looking out for themselves and their party and not the people that they represent . Are they awesome, not really, just a bunch of cry babies!
on December 23,2011 | 01:11AM
motoxdad wrote:
You're just as stupid as they are, Stop trying to speak or sound like you're Hawaiian because you are as transparent as my window pane.
on December 23,2011 | 10:52AM
chryw8 wrote:
"look" stupid? i think it's quite obvious that they ARE stupid.
on December 23,2011 | 09:25AM
KeithHaugen wrote:
The GOP "birthers" will never give up, until it is disclosed that Gingrich is really a convicted criminal who paid a $350,000 fine for violation of ethics rules (and lost his Speakership in the process) and that he was really born in some foreign land -- but not Kenya.
on December 23,2011 | 06:12AM
residenttaxpayer wrote:
Give it a rest already...ur just spinning ur wheels.
on December 23,2011 | 07:49AM
honopic wrote:
The birthers were on shaky ground from the beginning, and now have descended even further. Their "leaders" are cartoon characters. One is a minister named Wiley, who asked church members to pray for the death of the President of the United States, Uh, not exactly a Chrsitian or American request there Wiley, is it? Perhaps you'd have better luck chasing a road-runner. Another is a lawyer named Kreep. You couldn't make that up. I'd love to be in a courtroom when a judge calls him forward, to see if anyone can keep a straight face. If there's ever an opening, he could be hired by the firm of Dewey, Cheatham and Howe. As for Orly Taitz (if that is her real name) -- how bad a dentist would you have to be to abandon your practice and become a lawyer? She says officials in Hawai'i won't provide her with a copy of Mr. Obama's birth certificate because they "know it's a forgery and they will have to go to prison." How about the actual reason, Ms Taitz -- you are not family, so have no right to a copy. And if they did provide you with an authentic copy, would you not then be subject to charges of libel and perhaps go to prison yourself? Then you could ask Wiley to bring you some Acme hacksaw blades in a cake or Kreep to file your appeal. Ub a dee ub a dee -- that's all, folks!
on December 23,2011 | 08:57AM
motoxdad wrote:
on December 23,2011 | 10:29AM
kahuku01 wrote:
The truth is getting to motoxdad especially when his vocabulary reflects his vulgar mentality....no class, chronic chirper and one who's not able to express in an intelligent response and only equates to a big loser like the rest of the GOP presidential candidates. Go hide behind your window pane and get a reflection of your real self (loser)
on December 23,2011 | 02:07PM
mrluke wrote:
Won't these clowns ever give up?
on December 23,2011 | 10:48AM
entrkn wrote:
This has become malicious scurrilous legal malpractice...
on December 23,2011 | 11:30AM
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