Your morning jolt: From the judge who slapped down a ‘birther’ suit

If he isn’t above such things _ some jurists are _ U.S. District Judge Clay Land down in Columbus is enjoying the shower of thanks from both right and left this morning, for his withering dismissal Thursday of the latest “birther” lawsuit.

Land, appointed by President George W. Bush, tossed the filing and put the dentist-turned-real-estate-agent-turned-lawyer Orly Taitz on notice that he didn’t want to see another “frivolous” request like it.

A “great American hero,” declared Erick Erickson of the right, at PeachPundit. On the left, Tom Crawford of Blog for Democracy pronounced Land’s findings as evidence “that there are still a few sane people left in the United States.”

In law school, judges are often trained to write like Keanu Reeves acts. This ruling is an exception. The Columbus Ledger-Enquirer has kindly posted the verdict online, from which we draw these excerpts:

To press her “birther agenda,” Plaintiff’s counsel has filed the present action on behalf of Captain [Connie] Rhodes. Captain Rhodes entered the Army in March of 2005 and presently serves as a medical doctor.

The American taxpayers paid for her third and fourth years of medical school and financially supported her during her subsequent medical internship and residency program. In exchange for this valuable free medical education, Captain Rhodes agreed to serve two years in active service in the Army.

She began that term of active service in July of 2008 and had no concerns about fulfilling her military obligation until she received orders notifying her that she would be deployed to Iraq in September of 2009.

Captain Rhodes does not seek a discharge from the Army; nor does she wish to be relieved entirely from her two year active service obligation. She has not previously made any official complaints regarding any orders or assignments that she has received, including orders that have been issued since President Obama became Commander in Chief.

But she does not want to go to Iraq (or to any other destination where she may be in harm’s way, for that matter). Her “conscientious objections” to serving under the current Commander in Chief apparently can be accommodated as long as she is permitted to remain on American soil.

As for the larger argument, and Ms. Taitz:

Acknowledging the existence of a document that shows the President was born in Hawaii, Plaintiff alleges that the document “cannot be verified as genuine, and should be presumed fraudulent.” In further support of her claim, Plaintiff relies upon “the general opinion in the rest of the world” that “Barack Hussein Obama has, in essence, slipped through the guardrails to become President.”

Moreover, as though the “general opinion in the rest of the world” were not enough, Plaintiff alleges in her Complaint that according to an “AOL poll 85% of Americans believe that Obama was not vetted, needs to be vetted and his vital records need to be produced.”

Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status.

Thus, Plaintiff’s counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to “prove his innocence” to “charges” that are based upon conjecture and speculation. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles.

Amen, and amen.

On a more pedestrian topic, Georgia’s August unemployment rate remained virtually unchanged at 10.2 percent, said state Labor Commissioner Michael Thurmond early this morning. Georgia’s unemployment rate has remained above the national rate of 9.7 percent for 22 months.

“Tens of thousands of jobless Georgians are facing an increasingly difficult job market,” said Thurmond. “The slight decline in the August unemployment rate appears to be a bit of positive news, however, a closer examination reveals that the reduction was primarily due to work force shrinkage.”

While you ponder that, consider these items found while perusing this morning’s ajc.com:

  • Georgia DOT spending cuts not sustainable, treasurer says.
  • Jimmy Carter again links racism, ‘you lie’ outburst.
  • Crime, decay encroach on historically black schools.
  • Lisa Borders attacks anonymous letter.
  • UGA to study genetic links to youth drug abuse, risky sex.
  • Clayton school board member faces more charges.
  • Felony charge sought in Cracker Barrel attack.
  • Economy forcing Gwinnett County to rethink future.
  • Some opinion:

  • Kyle Wingfiled says the Gwinnett school system is trying to cow charters.
  • Hospital ER rooms not meant for treating flu.
  • Why send our jobs out of state?
  • Elsewhere in Georgia:

  • ABC: Stone Mountain Park lawn getting restored.
  • And beyond:

  • WSJ: U.S. to shelve nuclear missile shield.
  • WP: ACORN to review incidents as White House joins criticism.
  • NYT: As race debate grows, Obama steers clear of it.
  • For instant updates, follow me on Twitter.

    35 comments Add your comment

    CJKatl

    September 17th, 2009
    9:35 am

    How embarrassing for Jimmy Carter’s family to allow his obvious reasoning issues to be aired in public. Those that think they know what others are thinking are usually institutionalized or, at a minimum, protected from the public. Maybe he should call Dionne Warwick and see if he can get a job on the Psychic Friends Network phone line.

    It’s says more about Mr. Carter, that he has to blame any criticism of an African-American on racism, than it does about Rep. Wilson, who did something very wrong but not racist. Apparently Mr. Carter is unable to evaluate ideas if they come from an African-American man and cannot see beyond race. Thankfully, those who think like Mr. Carter – that they are benevolent because they always think to treat African-Americans well – will be replaced by those who look beyond race, who think it’s the non-issue it really is. Thankfully, we are closer to a world where the color shirt you are wearing will have as much import as the color of your skin. People like Mr. Carter hurt that effort.

    keith

    September 17th, 2009
    10:10 am

    President Jimmy Carter was right about racism. He was wrong by injected the truth about racism at this difficult time because it will not help President Obama’s agenda. President Obama, of course, took the HIGH ROAD by not recognized it but It was not mean that it was not the truth.
    He is the President of United State and his jobs is united, protected and created jobs for many.
    He is very capable to run the country. he has proven his ability in the past months.
    He has been fixing many messes which leave behind by the last administration. He deserves our supports. if he fails, we,all, are in trouble, seriously.

    Daedalus

    September 17th, 2009
    10:15 am

    Carter said that the much of ‘animosity’ directed towards Obama is, in his opinion, fueled by racism. He did not say that ‘opposition’ to health care was fueled by racism.

    The two words have very different meanings — unless you want them to mean the same thing or cannot understand the difference.

    Its naive to say that there is no racism in this country — there’s plenty, just look around.

    The post above is just as simplistic as Justice John Roberts and other Conservatives claiming that racism no longer exists because its illegal to discriminate.

    That’s silly. Racism isn’t illegal, discrimination is. Just this week a white man in Georgia beat a black woman in front of a Cracker Barrel (oh the irony) restaraunt while yelling racial slurs. I suppose that white guy was just having a reasoned debate on health care and his yelling racial slurs is simply being misunderstood as racism – since racism doesn’t exist, right?

    Those that oppose health care reform on fiscal grounds or because they believe that govenment should not provide health care (hello? Medicare?) that’s different. However claiming Obama is just like Hitler and wants death panels to kill old people or superimposing Obama’s face on a carcicature of an african warrior is something else. Those latter acts are just as wrongheaded as claiming George W knew about 9/11 but wanted it to go forward.

    Maybe the animosity towards Obama is not based in racism. I don’t know. But when Conseratives simply scream that Obama = Hitler, that’s not debate, that’s just animosity.

    I think that people who claim that racism no longer exists, despite all the evidence to the contrary, are a bigger obstacle to improving race relations in this country than Jimmy Carter.

    Look in a mirror, that’s where the problem starts.

    Lucas

    September 17th, 2009
    10:39 am

    That ruling was hilarious.

    thebob.bob

    September 17th, 2009
    11:01 am

    The whacko, racist Obama-haters will claim that THEIR lawsuits aren’t frivolous and that this Republican appointed judge is one of those ‘liberal’ activist judges and that Obama want’s take your guns and indoctrinate school children into serving the community and is, in fact the anti-christ.

    The remaining Republican right wing reactionary nut-jobs have gone over the deep end. Why do they hate Democracy?

    Keith

    September 17th, 2009
    11:16 am

    This is the “real” Keith. I’m not racist… I dispise Jimmy Carter as much as I do Obama. Progressives, libers, socialists, fascists are the enemy of our republic regardless of race. Folks ask yourself a question… why has Obama spent over $1 million bottling up the release of his certified birth certificate and scrubbibg the records of his passports when he was a child?

    BPJ

    September 17th, 2009
    11:19 am

    Mr. Galloway, your comparison of the average judge’s writing style to Keanu Reeves’s acting may be unfair……to Keanu Reeves. As a lawyer who reads many judicial opinions, I can say that Judge Land is well above average.

    Will Jones - Atlanta Jeffersonian Exegesis

    September 17th, 2009
    11:21 am

    Daedalus – You wish to seem even tempered and wise – shall we say “grounded” as foolish Icarus soars – and work well in that general direction. Should you continue to assert some notion other than the proven truth obtainable by any willing to confront Bush’s and Cheney’s treason of 9/11, what merely seems like wisdom becomes more stark as fear and myopia – a lack of intelligence – though each of us is made in G-d’s “image.”

    Icarus failed to realize there is only one G-d.

    “The New Pearl Harbor” is a short read by a scholar of proven integrity and well-established credentials. Its download on Google Scholar is free. Challenge your preconceptions, and hardened myths. A good American learns something new every day. If you belong to the sectarian division his family has served for five generations, you reluctance to know the full truth of his treason is understandable, though not forgivable by this Army Veteran sworn on his life to protect and defend the Constitution from all enemies, foreign and domestic. You think just paying taxes won the Revolution? It isn’t “dirtying” our hands by trying and frying Bush and Cheney. America’s Righteousness shall clean Our Nation’s “hands,” thank G-d. Equal Justice Under the Law. “Annuit Coeptis.”

    Pray on it.

    America makes Divine Providence the boss: “the Infinite Power which rules the destiny of the universe.” Denying overt Truth, known by easily eighty percent of our Countrymen, bodes poorly for your next stock market pick.

    Read President Obama’s “Audacity of Hope” to know how a brilliant man of grace wraps his mind, in a statesmanly fashion, around the truth offered to you. Why do you think the Roman Anti-Christ wasn’t able to come up with a large enough cheat this time? The American People know what’s going on. Only philistines, traitors, and treason’s fellow-travelers differ on 9/11.

    Bush and Cheney committed 9/11.

    Read the book: http://www.angelfire.com/biz/hankramey/The%20New%20Pearl%20Harbor.pdf or recognize the mental and spiritual sclerosis that’s setting in with you. Why live your life in fear of the Truth? There is but One G-d, and G-d knows Bush and Cheney committed 9/11. It probably isn’t a coincidence that the author of the proof of Bush’s and Cheney’s treason is a theologian.

    Paul

    September 17th, 2009
    11:50 am

    The birthers, the tea baggers, the screamers, and the deathers continued extreme minority presence will become tiresome to mainstream America, if it has not already done so. To all the birthers in La, La Land, it is on you to prove to all of us that your assertion is true, if there are people who were there and support your position then show us the video (everyone has a price), either put up or frankly shut-up. I heard Orly Taitz, is selling a tape (I think it’s called “Money, Lies and Video tape”). She is from Orange County, CA, now I know what the mean when they say “behind the Orange Curtain”, when they talk about Orange County, the captial of Conspiracy Theories. You know Obama has a passport, he travel abroad before he was a Senator, but I guess they were in on it. In my opinion the Republican Party has been taken over the most extreme religious right (people who love to push their beliefs on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win. Good Luck, because as they said in WACO, “We Ain’t Coming Out”. I heard that she now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC).

    Beowulf

    September 17th, 2009
    11:54 am

    What the…Will Jones, are you related to Alex Jones? And what does that have ANYTHING to do with Jimmy Carter or Barack Obama’s citizenship?

    And while it may be debatable that Bush/Cheney administration’s actions (and previous administrations) led to the events of 9/11, the notion that it was an inside job is (as Daedalus suggested) on the order of claiming that our President is not a US citizen, just purely nonesense. Surely the deity knows the full truth, but it is pretty obvious that Islamic radical terrorists were responsible AND claimed responsibility for 9/11. But you just go back to listening to Alex Jones…

    Worst President EVER!

    September 17th, 2009
    11:58 am

    There have been 3 democratic administrations in the past 33 years – Carter, Clinton, Obama – you call this progress?

    clyde

    September 17th, 2009
    12:05 pm

    Captain Connie Rhodes has certainly taken the American taxpayers for a good ride.I would guess that a term in the stockade for her is in order.Say the rest of her obligation and then when she gets out,she still has to pony up for the origional time.It would look good on her.

    Former President Carter has played the race card a la the Democratic part’s plan.Someone should tell Jimmy that Obama has been elected and he can ease off a bit.Disagreement with the man’s policies is not always racism.I voted for Jimmy Carter.That’s when I learned about the far left philosophies.I’ve been opposed to them ever since.It ain’t racism,Jimmy,to oppose Kerry and Gore and their ilk.I was accused of being racist when I didn’t support Obama,I was accused of racism when I didn’t agree with his poilicies.I’m tired of it.

    jack

    September 17th, 2009
    12:07 pm

    To the “real” Keith.

    You need help. Really. Clearly you believe that Omaba has somehow managed to “hide” his real birth. You believe that he has managed to fool the officials in Hawaii and used dirty tricks to hide the real truth. You believe any judge who rules against this notion must be a closet liberal (Bush appointed closet liberals?).

    Please ask yourself this question. Which is more likely?

    1) That a half black / half white guy from a modest background has been able to hide everything about his birth from Hawaiian State officials, the CIA, FBI, and more importantly Dick Cheney, George Bush and the entire Republican Party… and Bill O’Reilly, Fox News, etc.

    Or

    2) that you have chosen to believe something that can’t be true. And that you continue to blind yourself so you can hold onto this belief.

    Do you really believe that Dick Cheney, with his ties to the CIA and FBI would have allowed Obama to become the President if he was not “natural born”, which is the requirement in the Constitution?

    Don’t you realize there there were a LOT of very powerful people who would have exposed Obama if his birth records weren’t accurate?

    Grumpy

    September 17th, 2009
    12:08 pm

    Anyone who knows Clay Land and knows of the work he did in the Georgia Legislature many years ago, will know that he’s no “liberal, activist judge” the Rush Limbaughs and Sean Hannitys of the world like to accuse judges of when they disagree with a judicial decision. Clay Land is an intelligent man who will n ot suffer a fool. Obviously the Plaintiff in this case is a coward who wants the benefits of being an officer in the U.S. Army, but is too chicken to actually go over to Afghanistan and stick her neck out. Maybe that’s better. I’d hate to think she might actually be responsible for leading troops into a battle.

    Corey

    September 17th, 2009
    12:09 pm

    Mr. Carter was basically adopted by a black family while his mother attended nursing school. Mr. Carter is the only president to have lived in public housing. He practically lived with black people in Plains as a child. Wheter you like him or hate him you must understand what colors his view regarding race. No pun intended.

    Elizabeth

    September 17th, 2009
    12:12 pm

    It’s one thing to disagree with the President. But when you say hateful venomous things comparing the President to an animal, a Nazi or telling the President to “Go back to Kenya,” clearly this isn’t about a policy disagreement. There’s something more going on here.

    This is about hate–pure and simple. And that hate is extremist–over-the-top, and way out of line for the situation. That’s racism. Get over it, folks. You are racist if you are carrying on this way.

    CapCurt

    September 17th, 2009
    12:19 pm

    Jimmy Carter was right about racism but wrong about how he directed the comments. A small part of most highly emotional groups have an element of evil. Evil lurks in such elements – black or white. To state that an outburst of “You lie” is racist is out of bounds unless there is a pattern of such behavior. To imply that this is a Republican problem is foolish as well. Remember the vile comments in the Democratic primary directed at Obama. People there said “kill him”. Republican must note that President Bush, John McCain and Colin Powell acknowledged that such elements exist and have been a problem drawing minorities to the Republican party. One big problem with this and many other debates is that everything is ALL or NOTHING. It is TRUE or FALSE. We would all be much better off is we looked at most issues as they truly are. Shades of grey and NOT black or white.

    ricardo

    September 17th, 2009
    12:22 pm

    Carter is the only politician that exhibits true leadership. There are no statesman in Washington anymore.

    Yes!!

    September 17th, 2009
    12:43 pm

    Way to go Judge Land!!

    Well said Daedalus!! Too bad your words are falling on deaf ears, err, blind eyes? You get what I’m saying, these folks aren’t even willing to entertain that racism exists, which is just laughable.

    CJKatl

    September 17th, 2009
    12:53 pm

    There is no doubt that racism exists, but to attribute racism as the cause of Rep. Wilson’s outburst is wrong.

    Carter’s assertion that Mr. Wilson, a South Carolina Republican, is motivated by bigotry displays Carter’s inability to grasp that some people can disagree with an African-American’s statements based upon the perceived lack of merit. By no means do I support what Mr. Wilson did, nor his present fear-mongering statements. I just don’t believe those statements have the least bit to do with race, nor is there any proof to back that assertion.

    Carter seems incapable of looking at a South Carolina Republican without pre-judging and making assumptions. Can Carter point to one think about Wilson in particular that would point towards him being racist? No. Carter’s opinion is based on stereotype.

    It appears Carter is the one who stereotypes (Wilson) and cannot evaluate Obama’s statements without seeing the statements as coming from an African-American. I’m sorry, but based on the facts, Carter is racist, not those he tries to paint as morally inferior.

    And, ricardo, while many people applaude Carter’s efforts after his Presidency ended, nobody ever accused him of having good leadership skills. In fact, it was his lack leadership skills that cost him the re-election. After Nixon, it seemed unlikely a Republican would win the Presidency for a very long time. It took Mr. Carter’s poor leadership for the country to even consider another Republican so shortly after Watergate. You might be inspired by what he says, but you should look elsewhere for examples of good leadership.

    Old Timer

    September 17th, 2009
    1:03 pm

    Jimmy Carter still flounders in his own world. His presidency was a disaster. He set the stage for the terrorists. He did not govern Georgia well as he was running for president most of the time. His trips to the middle east are questionable–who is paying the freight? And now he strikes a match to the racism issue. Jimmy, it is time to accept the fact that your are an ex-president and enjoy the spoils.

    VOICE OF REASON

    September 17th, 2009
    1:18 pm

    I urge people to read the court judgement( link is in the article) before making comment on this particular issue. Make your comments based on facts presented, you dont have to agree with it, you are not a racist if you dont. Please do not resort to “cussing” somebody based on feelings, wild speculations and conjecture.

    atlwolf

    September 17th, 2009
    1:21 pm

    You damn Republicans just CANNOT stand the fact that you aren’t in charge anymore. If a group of Democrats had done the same thing with President Bush, you ALL would have been denouncing them as unpatriotic. You people are SUCH hypocrites.

    JerryT

    September 17th, 2009
    2:26 pm

    Well, Wilson was a Page for segregationist Strom Thurmond, and he denied that Strom had an illegitimate black daughter, until he finally had to admit it and apologize to her. Then he had the nerve to say that the daughter should not have come forward in order to protect the “image” of Thurmond!

    Nah, he’s not racist.

    In due time

    September 17th, 2009
    3:09 pm

    Enter your comments here

    Say it ain’t so JerryT. It appears that a pattern is developing.

    CJKatl

    September 17th, 2009
    3:20 pm

    JerryT, I’m confused…Strom denied having the illegitimate daughter. Was Wilson, a very young, very low level Capitol Hill worker, supposed to have known otherwise? Did Wilson conduct a DNA test, which wasn’t even invented yet at the time Wilson was a page? And I am still not seeing how this is proof that Wilson is a racist.

    If the illegitimate child were white, would the denial have still been racist? It appears Wilson was dealing with the information as it was known and presented by Thurmond rather than displaying any overt racial hatred. The fact that people of different racial backgrounds were invovled does not make every situation about race. Given Thurmond’s history, calling him a racist is likely accurate. Attributing that to a low-level employee who defended him is not.

    While there remains some racism in our country, perhaps the bigger issue is the rush that some uninformed people have to blame racism for anything and everything. Think about it – how silly is it to cry racism over the fact that a previously unknown and unimportant Congressperson heckled the African-American President when just a generation ago our grandparents were trying to get the right to vote and enroll their children into public schools? Or when their grandparents were, a few generations earlier, enslaved?

    herb$manK

    September 17th, 2009
    6:13 pm

    Read the hope book, threw it in the trash. Pure garbage. Don’t know the G-D wIlL jOnEs talks about, I have to presume he is in the scientologist stuff. For all I know, wIlL jOnEs commited 9/11. He is off the meds and back on the smack, jack!

    Lucas

    September 17th, 2009
    7:00 pm

    Perhaps we’re just prone to inventing conspiracies when faced with some events.

    Straight Arrow

    September 18th, 2009
    2:26 am

    If “Obama” (or whatever his name really is)has nothing to hide, then why is he paying lawyers more than a million dollars to hide it?

    Aaron Burr V. Mexico

    September 19th, 2009
    4:54 am

    When did you stop beating your wife Straight Arrow?

    If Republicans have nothing to hide, why are they suddenly afraid of “Czars” set up under Bush?

    If Republicans have nothing to hide, why are they worried about investigations into Cheney for war crimes?

    If Republicans have nothing to hide, why did Billo banish the news cameras when he gave his speech to the ‘Value Voter’ coalition?

    And as for the ‘hope book being pure garbage’ as compared to the porno that Billo wrote? Or the outright LIES spewed by Fox on a regular basis?

    How truly truly sad and pathetic.

    Paul

    September 21st, 2009
    1:14 pm

    We are all adults here, and as adults we know there are consequences for are actions, so if you do not agree with his policies, you can a) do nothing, b) support him, c) not support him, d) protest and picket, its your choice, live the dream! As for Orly Taitz, to this point she has not been successful because she does not have any proof, documentation supporting her claims except her wild rants. I would not bet the farm on this one. She has a mail-order-degree get someone with real credentials (Harvard, Yale Law School) not a Russian immigrant with dual US/ Israel citizenship (where are her allegiances?). Have you even thought of who is paying for all her travel, or are you telling me she independently wealthy? Sorry she has no juice because she does not have any proof, documentation supporting her claims except her wild rants. That might work in “Fake News” but not in a Court of the United States.

    Lawyer # 1

    September 22nd, 2009
    2:10 am

    Some huge news will be breaking in the next few weeks. Obama has been caught in a massive fraud and it is legally damning to his Presidency and it cannot, by law, be kept from the public or the courts. Hawaiian officials have totally annihilated him and very soon, he will be indicted and tried for federal criminal activities. Taitz is not involved. Obama needs to go ahead and call the movers and kiss the children good bye, he’s off to “Club Fed” for a long, long, long stay. Fraud is a very serious offense. I’ll not disclose more at this time, except to say this is going to be much bigger than Watergate.

    Paul

    September 22nd, 2009
    3:07 pm

    Lawyer # 1: Are you sure you are not talking about Dick Cheney or “W”, sounds more appropriate.

    Lawyer 1

    September 24th, 2009
    4:39 am

    Don’t fall for Obama’s tricks. Obama is ADMITTEDLY NOT Constitutionally legal to hold office. “Obama republished – at his web official site, Fightthesmears.com – only that part of the Factcheck.org analysis which stated that the President was a British citizen at birth. Obama republished this word for word thereby admitting the truth of the following assertion:
    “When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children…” There it is, a CONFESSION that came straight from Obama. How much more proof do you folks need before you understand the TRUE situation?! Birthplace is NOT the issue, “natural born Citizen” status is ONLY AVAILABLE if BOTH PARENTS were U.S.Citizens at the time a child is born. THAT IS LAW.

    Paul

    September 24th, 2009
    1:54 pm

    Lawyer # 1: If you think you have facts, then prove it in a Court of the United States. Oh wait, your BS only makes the cut for “Fake News”. Keep spewing your lies and keep being thrown out of court. I am real starting to enjoy this. Live the dream.