Hillarysworld

The Justice Department is urging a federal court to toss out a lawsuit in which prominent birthers' attorney Orly Taitz is challenging President Barack Obama's Constitutional qualifications to be president.

In a motion filed Friday in U.S. District Court in Santa Ana, Calif., government lawyers did not directly rebut the conspiracy theory Taitz propounds that Obama was not born in Hawaii as he claims and as asserted by Hawaiian officials as well as contemporary newspaper birth notices. Instead, the federal attorneys argued that the suit is inherently flawed because such disputes can't be resolved in court and because the dozens of plaintiffs can't show they are directly injured by Obama's presence in office.

"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution’s textual commitments, that challenges to the qualifications of a candidate for President can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress," Assistant United States Attorneys Roger West and David DeJute wrote. "Therefore, challenges such as those purportedly raised in this case are committed, under the Constitution, to the electors, and to the Legislative branch."

The birthers' suit claims that Obama is a citizen of Indonesia and "possibly still citizen of Kenya, usurping the position of the President of the United States of America and the Commander-in-Chief.”

Lieutenant Jason Freese and some other plaintiffs in the case claim they have a real injury because they are serving in the military commander by Obama, the alleged usurper. However, West and DeJute say that argument is too speculative.

"The injuries alleged by Plaintiff Freese and the other military Plaintiffs herein, are not particularized as to them, but, rather, would be shared by all members of the military and is an inadequate basis on which to establish standing," the government lawyers wrote.

Another plaintiff in the suit, Alan Keyes, is a three-time, longshot presidential candidate who ran most recently in 2008. Yet another is Gail Lightfoot, an ultra-longshot vice presidential candidate in 2008. The DOJ argues that they were not directly aggrieved by Obama's election because they never had a mathematical chance of winning.

"The [lawsuit] does not allege, nor could it allege, that any of these Plaintiffs were even on the ballot in enough states in the year 2008 to gain the requisite 270 electoral votes to win the Presidential election," the motion states.

The Justice Department brief takes a few shots at the wackiness of the birthers, accusing them of trafficking in "innuendo" and advancing "a variety of vaguely-defined claims purportedly related to a hodgepodge of constitutional provisions, civil and criminal statutes, and the Freedom of Information Act."

Those arguments notwithstanding, the DOJ lawyers were pretty kind to the birthers and to Taitz, since the filings in the case are replete with spelling errors, among others. Taitz submitted another purported foreign birth certificate for Obama last week in a filing labeled, "Kenian Hospital Birth Certificate for Barack Obama."

The case is set for a hearing Tuesday morning before Judge David Carter. There's a strong chance the session will devolve into something of a sideshow since a couple of plaintiffs in the case are now in a dispute with Taitz and have sought to bring in a different attorney to represent them in the case.

So now the  DOJ -  clearly a political agency- is now telling judges what to do in their courtrooms, regarding a man that appointed the HEAD of the agency itself???  Conflict of interest?