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Judge rejects 'birther' challenge to Obama's election

By Associated Press

LAST UPDATED: 03:41 p.m. HST, Jan 03, 2013

SACRAMENTO, Calif. >> A federal judge rejected a challenge by so-called "birthers" seeking to halt Friday's scheduled counting of Electoral College votes for President Barack Obama in their latest attempt to overturn Obama's presidency.

In a courtroom packed with supporters of the birther movement, U.S. District Court Judge Morrison C. England rejected today the petition for a temporary restraining order filed by Orly Taitz, a California dentist and attorney who has lost challenges in several states seeking to prove that Obama is not a U.S. citizen.

The judge said the petition did not meet the basic requirements for a restraining order, including that attorneys prove their case is likely to succeed at a trial, and said the plaintiffs lacked standing, failed to submit legal documents on time and had made unsupported claims.

"The state of Hawaii has already certified all of this to be not true," the judge said.

Officials in Hawaii have repeatedly verified Obama's August 1961 birth and U.S. citizenship, and the White House released a copy of the president's long-form birth certificate in 2011 in an effort to quell the debate. But some conservatives continue to believe the president was born in Kenya.

Today's unusual, hourlong hearing drew about 60 supporters of the birther movement and about 20 legal observers. Taitz frequently sparred with England, raising her voice loudly as the judge questioned her claims and at times cut her off.

England rejected Taitz's pleas to allow a man from Florida to testify about what she said are inconsistencies in the typeface on the birth certificate Obama released, which she said would "prove beyond a reasonable shadow of a doubt that the documents are forgeries."

The judge said he had only approved oral arguments during a "courtesy hearing," which was not legally required, to "show that this court would look at the arguments presented."

The motion cited three would-be candidates for president who claimed they would be harmed if Congress counted the Electoral College votes taken in December, but Assistant U.S. Attorney Edward Olsen said none of the candidates could show they were on the ballot in any state. One is serving a federal prison sentence, he said.

"Even if this is all true in their wildest hopes ... they haven't presented any evidence to show that he is not a natural born citizen," Olsen added.

Taitz appeared to be upset after the hearing as supporters filed past her to thank her for pursuing the case, some calling her a "hero," and others saying the judge's decision was evidence of socialism.

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gth wrote:
OMG, enough already.
on January 3,2013 | 03:38PM
Bumby wrote:
Ask the people who worked in the hospital when he was born. Only in America can anyone run for office and become whatever. What a great country.
on January 3,2013 | 03:53PM
WKAMA wrote:
When will these people give up!!
on January 3,2013 | 04:09PM
poidragon wrote:
Calling her a what? She is no hero, in any sense of the defined word! She continues to bark and howl on a dead and buried subject that even a great white shark would not bite into! No evidence to support her claims, lack of any credible witnesses to sustain their objections and a lack of standing in any court in the country, the list goes on and on and still these idiots see conspiracies where there are none! Lets face the facts, Don Trump used the 'Birther movement' for his own aggrandizement and now has tossed them aside, when he no longer needs them!
on January 3,2013 | 04:22PM
control wrote:
conspiracy nuts will never be convinced...They would have to find another conspiracy to waste their life on.
on January 3,2013 | 06:03PM
awahana wrote:
We have people like this right here in the SA comments section! :P
on January 3,2013 | 06:31PM
oxtail01 wrote:
They're NOT people - they're just GARBAGE!
on January 3,2013 | 07:27PM
oxtail01 wrote:
White TRASH filled with HATE!
on January 3,2013 | 07:26PM
hawaiikone wrote:
Gotta be a better way to make your point....
on January 3,2013 | 08:14PM
bekwell wrote:
Your pen name is appropriate. Your on the correct end of the bull.
on January 4,2013 | 03:54AM
unilarry wrote:
The story is not accurate. Obama/Soebarkah/Soetoro himself has stated recently that his supposed father was born in Kenya. This in of itself would disqualify Obama/Soebakah/Soetoro under the status of Natural born citizen since both parents are required to be US citizens in that case. Also Hawaii has not repeatedly proven that Obama/Soebarkah/Soetoro was born here because they haven't provided to the press or the public the original paper birth certificate of record. Only the posted electronic birth certificate has been released by the Whitehouse which an elected sheriff Joe Arpaio has proven is fraudulent.
on January 3,2013 | 07:44PM
Kate53 wrote:
To think that in 1961, Hawaii would forge a birth certificate thinking that some little half-black/half-white child would grow up to be President of the United States is insane. So, since Obama was born in Hawaii, his is a natural-born citizen regardless of his father's OR mother's citizenship. That one of his parents was not a US citizen would only be relevant if Obama was born outside the United States, because in that case, both parents must be US citizens. That's why John McCain is considered natural-born even though he was born outside the US -- both his parents were US citizens at the time of his birth. And Joe Arpaio is an incompetent fool, spouting more birther garbage for fellow racists.
on January 4,2013 | 03:55AM
Kapua91 wrote:
Give it up already, Larry. The Donald already claimed victory for it, saying, that HE made the President prove it, and he did.
on January 4,2013 | 04:14AM
JimLoomis wrote:
You do know you're crazy, right?
on January 4,2013 | 04:19AM
RBP wrote:
It's fun to watch these people marinate in their misery.
on January 4,2013 | 03:56AM
anakemo wrote:
Ballahead Trump, Bozohead Cop Arpaio and Skeleton head McCaine are all white ENVIOUS OPALA!!!! SHOULD check their Birth Certificate if they were born in the U.S. . . . CAN BE FAKE!!!!!
on January 4,2013 | 05:45AM
burymeagain wrote:
on January 4,2013 | 08:51AM
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