Judge Clay Land has thrown out Capt. Rhodes' case. He also put attorney Orly Taitz, who represents Rhodes and is a leader in the national "birther" movement, on notice by stating that she could face sanctions if she ever files a similar "frivolous" lawsuit in his court.
"(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States," Land states in his order. "Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is 'an illegal usurper, an unlawful pretender, [and] an unqualified imposter.'" Source: Huffington Post
Capt. Connie Rhodes has filed a complaint to fight deployment to Afghanistan on the grounds that President Obama isn't a natural born American citizen. What's funny is that the same nutjob lawyer Orly Taitz -- a national figure in the ridiculous "birther" movement -- is representing her. The complaint, which was filed last Friday in the Columbus division of U.S. District Court, is similar to the July 8 suit filed by Maj. Stefan Frederick Cook, who sought conscientious objector status and a temporary injunction. Judge Clay Land, who heard Cook's case in July and tossed it out, will hear Rhodes’ case.
Judge Land said the judicial branch shouldn’t inject itself into “political disputes” and shouldn’t get involved in hypothetical debates that haven’t yet become actual legal disputes. Here's my two cents, if you don't want to go back to Afghanistan because you are scared shi*less, then just say so. Don't hide behind this ridiculous "birther" movement. President Obama has been in office for nine months and this woman has just decided his presidency is a farce? Right. Who's the bigger fool?
“Plaintiff ... submits and charges that the current de facto president is an illegal usurper, an unlawful pretender, an unqualified imposter ...” the complaint states. “(She) submits that she cannot lawfully act under his authority, but that she is being forced to do so without any opportunity or remedial avenue whatsoever.”Sorry, but whether Capt. Rhodes wants to accept the President Obama as her commander-in-chief or not, she signed up to serve her country and now her country is telling her it's time to deploy to Afghanistan. I am sure this frivolous lawsuit will get tossed out.
Rhodes seeks to stop U.S. Defense Secretary Robert Gates, the commander of Fort Benning and others from giving any order to her or others until Obama’s legitimacy is established, the complaint states. She also seeks conscientious objector status based on her doubts of Obama’s constitutional qualifications. A hearing on Rhodes’ complaint hasn’t been scheduled. Source: Ledger-Enquirer
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