Orly Taitz Smacked Down: Birther Lawsuit Dismissed
Thursday, October 29, 2009 at 1:33 pm
Central District of California Judge David O. Carter has dismissed Barnett et al v. Obama et al, Orly Taitz’s most successful lawsuit — that is, the one that got the furthest through the legal system — demanding proof of the president’s citizenship. The entire decision is here, and it’s devastating to Taitz. Here’s an excerpt of the disposition, with emphasis in the original:
Interpreting the Constitution is a serious and crucial task with which the federal courts of this nation have been entrusted under Article III. However, that very same Constitution puts limits on the reach of the federal courts. One of those limits is that the Constitution defines processes through which the President can be removed from office. The Constitution does not include a role for the Court in that process. Plaintiffs have encouraged the Court to ignore these mandates of the Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by We the People‚ sixty-nine million of the people. Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism. Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.
That’s the end of the story. But the ruling is limned with criticism of Taitz for the screwball, media-grabbing tactics she used to promote her doomed, frivolous lawsuit. Here, Carter confirms that he got complaints from Taitz witnesses like Larry Sinclair, claiming that Taitz wanted them to lie on the stand.
[T]he Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves. This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court. While the Court seeks to ensure that all interested parties have had the opportunity to be heard, the Court cannot condone the conduct of Plaintiffs’ counsel in her efforts to influence this Court.
And here’s the full ruling: