Judge throws out Obama "birther" challenge, warns lawyer

She also could have resigned her commision.

At the very least she can be charged with aiding and comforting tthe enemy.

Is that Lady Gaga?

Oh, looky, looky

Teresa Whitaker
Published: September 18, 2009

Federal Judge Clay Land may have made good on his threat of sanctions against a lawyer for an army officer fighting deployment on the claim that President Barack Obama was not born in this country. In an order today Judge Land denied a motion for a Stay of Deployment for Captain Connie Rhodes, filed by Attorney Orly Taitz yesterday. The motion was filed after Judge Land threatened sanctions and dismissed the complaint calling it frivolous. Taitz has 14 days to show why a $10,000 penalty as a sanction should not be imposed against her. We tried reaching Taitz. She has not returned our calls.

In a bizarre twist, News 3 (Ga.) has received a copy of a letter to Judge Clay Land, written by the officer in this case, Captain Connie Rhodes. In it she writes she is shipping out to Iraq and asks the Judge to withdraw the Motion to Stay the Deployment. She denies authorizing Taitz to file on her behalf. Rhodes has now advised the court that she did not authorize Ms. Taitz’ latest filing, does not want to be represented by her any longer, and intends to file a complaint against her former counsel with the California State Bar.

http://www2.wrbl.com/rbl/news/local/article/10000_sanction_proposed_against_birt...

I wonder what gave her the sudden "About face" on her oh so important issue? Capt Rhodes is so freaked out she now claims she intends to file an official complaint against Orly with the California Bar Assoc. WTF is up with that?

Ah, there you are, Neuron. I saw your post on my BlackBerry, but it did not appear when I pulled up Current on my laptop. I just wanted to mention that I found your posts to be dead-on and emminently persuasive - for what it's worth.

Thank you for clearing the air!

With all due respect, RM, whether you spent 23.5 years or 235 years in the military, your description of this Captain's relationship to the chain of command is simply incorrect. The number of combat awards one sports also has no relevance or even any bearing whatsoever on the legal analysis of this soldier's rights and obligations under military law. That may make you angry to hear...but it is the truth.

You say that "Every active duty person with a question in this regard not only has the "Right" but also the "Responsibility" to question Obama's authority." Carried to its logical extention that would be just about the worst recipe for disaster imaginable for the military...and it would be contrary to miltary training and military justice in the United States going back more than 200 years.

Because if this Captain has the right to question Obama's authority, then she has just as much right to question any General, Colonel or Major under whom she serves. Now wouldn't that make for a nice picture? I can hear the radio relay now: "Captain Jones declines to implement the General's order for a supporting air strike because she is deciding whether the General has the AUTHORITY to issue that order. She is looking into the General's (insert document here: birth certificate, West Point diploma, high school diploma, marksmanship award...you get the drift -- on what basis is this CAPTAIN going to determine whether the GENERAL has the authority to issue a commmand?) and will get back to the General at her earliest convenience." Sorry, but that is NOT the way the United States military works...or has EVER worked.

If this captain was in the field and General Petraeus ordered her to fall in, she had God-damned well better fall in, and I mean Right. Fucking. Now. Guess what? Until a COURT (and I mean the Court of last resort here, not some shit bag justice of the peace court in Podunk, Alabama) decides otherwise, Obama OUTRANKS Petraeus. I can tell from your post that you don't like that very much. All I can give you is the answer I am quite confident you got often in the military when you didn't "like" the chain of command: Tough. Shit. Deal with it.

Would she have the right to refuse an illegal order, like if she were ordered to commit suicide? Of course. But she has no right -- ZERO -- to question her commanding officer's AUTHORITY to issue that order. But ordering her to deploy to Iran is, I can assure you, NOT an illegal order. Nor will the next order she receives be illegal: the one in which she is ordered to pull her head out of her ass...

Over 20 year in the military and you aren't aware of article 88?

Article 88—Contempt toward officials
a. Text of statute.

"Any commissioned officer who uses contemptuous
words against the President, the Vice President, Congress,The Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct".

You can't hide behind the public discussion clause that only protects you as long as you aren't "personally contemptuous".

It is obvious she hold the President's personal integrity in contempt without ANY accepted FACTUAL information to back her claim. It isn't an officers place to question their superiors on hearsay evidence PERIOD! Those actions are bordering on treason.

According to article 88 the fact that she made it public made the infraction worse. "Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of contemptuous words of this kind in the presence of military subordinates, aggravates the offense. The truth or falsity of the statements is immaterial".

Please keep posting your ignorance so everyone can see it. Military officers don't get to pick which Presidents they serve the American people do AND DON"T FORGET IT!

This idiot who wrote what is below seems to talk from authority but has his/her facts are completely wrong.

After 23.5 years of active duty enlisted service I say you know nothing about military Law and the UCMJ. Every active duty person with a question in this regard not only has the "Right" but also the "Responsibility" to question Obama's authority.

How many combat awards do currently sport on your uniform?? Then don't talk crap about crap that you know less than crap about!

Judges being creatures of politics and a great many including one we just let into the Supreme Court (as well as others already serving there) are also idiots.

The Question is: Is there legitimate Concern Over Obama's BC.? The answer is simply "Yes" you fools can convince yourselves otherwise but there is more than a reasonable doubt about his legal status as a US citizen and whether or not he was born in this country at all.

So all you fools can trash talk and cry about Orly,

This would be like people refusing deployment because Bush "stole" the first election. Face it bitch like it or not Obama is your president and Commander and Chief. If you are in the military you don't get to publicly question your superiors because of some unsubstantiated assertions. What would happen if this dumb bitch made the same baseless assertions against her base commander and made the same refusal? COURT MARTIAL that's what! This is insubordination she stepped outside the chain of command and the military should punish her for it with a loss of rank. "Private" Rhodes might might have a little more respect for her commanders.

Don't give me any BS about free speech rights either when your are active duty military your rights are severely curtailed publicly talking unproven shit about your superiors is definitely verboten!

When Bush was in office people in the military weren't allowed to have a public opinion on unproven allegations made against him it should be no different now.
You made a lot of foolish claims above, I am asking you to quote your UCMJ Sources! I bet you can't quote any!

USN Retired

The leader of the movement, and a Capt. of the Military.

If they were proven wrong it court IT WOULD ALL BE OVER AND DONE WITH... But no, instead of proving ANYTHING ABOUT ANYTHING, they act like children and say "I don't wanna, it's stupid" and rub it in our faces even more... even threaten us.

Everyone knows there's an edge, and you can blame whoever you want but nobody is pushing AWAY from the edge. That shows you who really wants peace.

The judge should be hanged. No court, that would be frivilous.

I moderate my words because I don't want to get kicked, but dammit the judge should hang.

Seriously, is this woman even an American. I heard her on the tele once before and was amazed that someone with a non-American accent that thick has the nerve to question the Americanness of an American.

When she talks she reminds me of Borat.

nice wig Orly!

This would be like people refusing deployment because Bush "stole" the first election. Face it bitch like it or not Obama is your president and Commander and Chief. If you are in the military you don't get to publicly question your superiors because of some unsubstantiated assertions. What would happen if this dumb bitch made the same baseless assertions against her base commander and made the same refusal? COURT MARTIAL that's what! This is insubordination she stepped outside the chain of command and the military should punish her for it with a loss of rank. "Private" Rhodes might might have a little more respect for her commanders.

Don't give me any BS about free speech rights either when your are active duty military your rights are severely curtailed publicly talking unproven shit about your superiors is definitely verboten!

When Bush was in office people in the military weren't allowed to have a public opinion on unproven allegations made against him it should be no different now.

No room at the Inn for birthers.

Well if he joined the army what did he think he was doing going to a tea party? When you join the Army or anyother branch of the milatery you are going in with the knowlage that you may have to fight in a war some where.I like it when they say I joined the army so I could get a G.I. bill grant so I could Go to collage . Thats great but if war breaks out You got to earn that grant.

I love Orly, she makes me laugh,

That's so funny! Good for the judge - completely frivolous!

who gives a fu(k really ? we got bigger fish to fry !