Sovereign immunity shields all federal officials from being compelled to do anything by state courts. Plus, Federal law generally prohibits federal employees from testifying in proceedings in which the US is not a party. See 28 CFR Sec. 16.22, for example.
It doesn’t matter if the judge knows that, though; Obama’s attorney still has to point it out. That’s what your lawyer is for in our (adversarial, rather than inquisitorial) system.
He also might have distinguished the body of existing law on the grounds that it stemmed from judicial proceedings. An administrative law court is an executive proceeding, which could theoretically be exempted from existing precedent.
[hijack]Nope, can’t subdue undead in 3.5 D&D; undead are unaffected by nonlethal damage (which is the mechanism by which one subdues a creature under those rules).[/hijack]
I know this is reviving an old thread, and that the OP spoke of New Hampshire, but instead of New Hampshire Orly Taitz is in Kansas now.
Not quite two weeks ago some nutjob petitioned the state Board of Objections to block Obama’s name being on the November ballot, until some questions about his birth certification could be cleared up. The board actually decided to consider it, but the next day the nutjob asked that his petition be cancelled, as he had experienced, get this, intimidation not just to himself but to those around him.
Orly Taitz tried to speak at the meeting that decided Obama’s name could be on the ballot, and even said she’d been “surrounded by African American men that threatened her.” Also present at that meeting, and denying her claims, was the head of the local NAACP chapter.
So now Taitz is speaking up for some other so called Kansan, and filing a suit for him. (Link above)
What has Topeka done to deserve this? First we get Fred Phelps, and now Orly Taitz.
The irony, it burns, as Taitz is herself a naturalized citizen of the US, having been born in that part of the former USSR now called Moldavia.
Why do birthers harp on Obama’s birthplace? His mother was a US citizen, so even if he HAD been born in Kenya he would still be an American citizen.
Doesn’t matter to them. For some, it’s because of his father. Others point to this rather bizarre (and only possible) loophole in the law at the time that would seem to say that because the President’s mother was so young when she gave birth to him, he wouldn’t have been a citizen had he been born out of the country.
Practice what? Law, dentistry, real estate agency, or the enthusiastic sexual acts her former partner in suits misses because he violated that rule so often repeated but so often ignored, “Don’t put it in the crazy?”
The law wasn’t always so. In 1961, a child born outside the US to a married couple where only one of the couple was a US citizen wasn’t born a US citizen unless that parent had lived in the US for at least 10 years and 5 of those years had been after their 16th birthday. Since Mrs. Obama was only 18, that would have been impossible.
The only way for Barack Jr. to be a natural-born citizen would for him to have been born on US soil or for his parents’ marriage to have been found invalid; e.g., had Barack Sr. already been lawfully married to another woman. Since the vast preponderance of the evidence shows that Barack Jr. was born in Hawaii, only those who are willfully obtuse or borderline psychotic are arguing otherwise. Or, as in Ms. Taitz’s case, both.
Serious question here, who is funding this loon? She travels from state to state stirring up shit and disrupting what should be routine bureaucratic paper shuffling.
What I’m wondering is, what are her employment plans should Romney win?* Does she have any marketable skills, other than stirring shit about President Obama’s eligibility to hold the office?
The thing about that law that always struck me as hilarious is that ANYONE who was born to parents under the age of 21 could be considered a non-US citizen, couldn’t they?
I mean, that’s gotta be a helluva lot of people who “technically” aren’t US citizens if anyone took that law seriously, and I bet they’ve all been voting and getting passports and paying taxes and joining the military, etc. all their lives without knowing that “technically” they aren’t really US citizens.
She’s independently wealthy; she owns two moderately successful dental practices in California, and her husband is a successful software engineer. Early on in her “campaign” she was also making money writing and being interviewed by WorldNutDaily and the like.
