Wednesday, February 09, 2011

Contempt

"An administration that has no respect for Congress, the courts or the Constitution has been found in contempt for reissuing a drilling moratorium that a U.S. district judge found overly broad. The Obama administration's trouble with the courts has continued with a judge's ruling last week that the Interior Department's reinstating of a drilling moratorium followed by a de facto moratorium via an overly restrictive permitting process constituted contempt. The administration had issued a drilling moratorium in May in waters deeper than 500 feet after the explosion and sinking of the Deepwater Horizon drilling rig off Louisiana that resulted in the spill of more than 4.1 million barrels of oil into the Gulf of Mexico. In June, Martin Feldman of the Eastern District Court of Louisiana struck down Interior Secretary Ken Salazar's original moratorium, saying it was overkill based on flawed reasoning. ... So the administration went back, rearranged a few words and a few deck chairs, and reissued its moratorium. That one was officially lifted in October, although the permitting process, which mysteriously includes shallow-water wells, has had the effect of continuing the moratorium. Feldman was not amused.

'Each step the government took following the court's imposition of a preliminary injunction showcases its defiance,' the judge said in his ruling. 'Such dismissive conduct, viewed in tandem with the reimposition of a second moratorium ... provides this court with clear and convincing evidence of its contempt.' ...

It is not so much that the Obama administration differs with the law, but that it considers itself above it -- even above the Constitution." (emphasis added)--

Investor's Business Daily

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Thursday, December 31, 2009

There Is Justice After All

Judge dismisses all charges in Blackwater shooting

By Del Quentin Wilber
Washington Post Staff Writer
Thursday, December 31, 2009; 4:15 PM

A federal judge on Thursday threw out charges against five Blackwater Worldwide security guards accused of killing 14 people in a 2007 shooting in downtown Baghdad.
In a 90-page opinion, U.S. District Judge Ricardo M. Urbina ruled that the government violated the guards' rights by using their immunized statements to help the investigation. The ruling comes after a lengthy set of hearings that examined whether federal prosecutors and agents improperly used such statements that the guards gave to State Department investigators following the shooting on Sept. 16, 2007.

"The explanations offered by prosecutors and investigators in an attempt to justify their actions and persuade the court that they did not use the defendants' compelled testimony were all too often contradictory, unbelievable and lacking in credibility," Urbina wrote.

Dean Boyd, a spokesman for the Justice Department, said, "We're obviously disappointed by the decision. We're still in the process of reviewing the opinion and considering our options."

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Tuesday, November 03, 2009

What To Expect From The Courts For the Next 3 Years

Zero will load the Appeals Courts with activist judges and the Inquisition will commence.

Family Research Council

For Liberals, Hamilton Is 7th Heaven

When President Obama nominated David Hamilton to the 7th Circuit Court of Appeals, his staff said the selection "is a kind of signal" about the kind of judge this White House is seeking. If that's the case, then the signal must be: left turn ahead!

Judge Hamilton is an anti-faith extremist whose cases are only notable for their blatant religious prejudice. In the suit for which Hamilton is most recognized, the judge struck down 188 years of prayers "in Jesus' Name" to open the Indiana legislature claiming it unconstitutionally "advanced Christianity." It was a decision that was later reversed by the same court to which Hamilton is now nominated -- the 7th Circuit Court of Appeals. What Hamilton lacks in Christian tolerance he makes up for in Islamic hospitality.

The judge may have struck prayers in Jesus' name but has welcomed any in Allah's.
As for his interpretation of the law, Hamilton is on record suggesting that America 's judges "writ[e] footnotes to the Constitution." He's ruled against abortion waiting periods and tougher penalties for sex offenders.

The Washington Times warned readers, "This judge is a radical's radical," whose past jobs have included fundraising for ACORN and heading up Indiana 's chapter of the ACLU. Senate leaders are hoping to slip a vote on Hamilton's confirmation past conservatives this week.

Our sources on the Hill tell us that Democrats may be persuaded to postpone the vote if the grassroots make enough noise. You know what that means! Pick up the phone today and call your Senators. Remind them that a vote for Hamilton is a vote for a judicial activist who is committed to driving a political agenda that's out of step with mainstream America. For more ammunition, check out FRC's letter to Senators explaining why we're scoring the bill.

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Saturday, November 08, 2008

The Birth Certificate Issue is Still Alive

And still a huge question mark for a lot of people.

This is just a small snippet from RightSideNews
Supreme Court Justice David Souter's Clerk informed Philip J. Berg, the lawyer who brought the case against Obama, that his petition for an injunction to stay the November 4th election was denied, but the Clerk also required the defendants to respond to the Writ of Certiorari (which requires the concurrence of four Justices) by December 1. At that time, Mr. Obama must present to the Court an authentic birth certificate, after which Mr. Berg will respond.
If Obama fails to do that, it is sure to inspire the skepticism of the Justices, who are unaccustomed to being defied. They will have to decide what to do about a president-elect who refuses to prove his natural-born citizenship.

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Monday, October 27, 2008

A Federal Court Bitch-Slap

More from Frank Salvato on the dismissal of Berg's lawsuit:

Sen. Obama, stand and deliver! Answer the demand of the American people; those you say you so want to serve. Do the honorable thing and present your citizenship to the citizenry. Should you dare to be so arrogant as to dismiss the American people by usurping the Spirit of the U.S. Constitution, you will be solely responsible for the societal divide created by your inaction. You, Sen. Obama, will be solely responsible for bringing this Constitutional Crisis to bear.

We stand on the brink of a Second Great Civil War. Let’s see just how much Sen. Obama really loves our country.

In Judge Surrick’s ruling, he declared that Mr. Berg “lacked standing” to bring the lawsuit to the court. He stated that the harm cited by Berg was “too vague and its effects too attenuated to confer standing on any and all voters.” This ruling is a slap in the face to every citizen of the United States.

The U.S. Constitution begins with:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

It does not begin with “We the Government...” or “We the Judiciary...” and for good reason. The United States government is empowered and created by We the People; the citizens. The U.S. Constitution belongs to the people not to the government. In fact, the Constitution was created to limit government’s ability to employ tyrannical governance. It is squarely within the citizen’s purview to protect and defend the US Constitution from enemies both foreign and domestic. This notion is called civic responsibility and it is our duty as citizens to pro-actively defend our Charters of Freedom. It is for this reason, among but a few more, that the Constitution is written in the First Person.

Barack Obama could defuse this situation by presenting his original vaulted birth certificate, thus satisfying his obligation to the American people to provide proof he meets the requirements for holding the office of President of the United States as set forth in Article II, Section 1. But I doubt he will. He has the luxury of having partisan judicial activists – tyrants – acting on his behalf, usurping the authority of the Constitution.

But the larger more serious Constitutional Crisis remains: it would appear we have no system in place for verifying a candidate’s eligibility for holding the office of President of the United States – or any other federal or state office for that matter. We have no system, but for relying on a partisan and politically hijacked Congress, for making sure that those running for elected office satisfy the requirements as set forth by those who loved our country enough to die for its creation.

This cannot stand.

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Saturday, October 25, 2008

More Birth Certificate News

from NewsMax

A Pennsylvania lawsuit alleging that Barack Obama is not a “natural-born citizen” of the United States took an unusual twist this week, after a federally mandated deadline requiring Obama’s lawyers to produce a “vault” copy of his birth certificate expired with no response from Obama or his lawyers.
The lawsuit, filed by former Pennsylvania Deputy Attorney General Philip J. Berg — a self-avowed supporter of Hillary Clinton — alleges that Barack Obama was born in Kenya and is thus “ineligible” to run for president of the United States. It demands that Obama’s lawyers produce a copy of his original birth certificate to prove that he is a natural-born U.S. citizen.
Berg's suit and allegations have set off a wave of Internet buzz and rumors, though Obama could easily have put the matter to rest by providing the federal court with the basic documentation proving he is eligible to take the oath of a president. But Obama has apparently decided to deny the court and the public that documentation.
The Constitution provides that any U.S. citizen is eligible to become president if the person is 35 years of age or older and is a natural-born citizen; that is, born in the territorial United States.
By failing to respond to the Request for Admissions and Request for the Production of Documents within 30 days, Obama has “admitted” that he was born in Kenya, Berg stated this week in new court filings.
Berg released a long list of “admissions” he submitted to Obama’s lawyers on Sept. 15, and asked that they produce documents relating to Obama’s place of birth and citizenship.
Instead of responding, lawyers for Obama and the DNC asked the court to dismiss the case. But Judge R. Barclay Surrick of the Eastern District of Pennsylvania has issued no ruling in the case that would have given Obama’s lawyers more time.
“There are lots of legal ways to stonewall,” a well-placed Republican attorney told Newsmax, who was not authorized to comment officially on the case. “But failing to respond is not one of them.”
“The first thing they teach you in law school,” he added, “is don’t put a complaint like this in a drawer. That’s how a nuisance case can become a problem.”
The 30-day deadline for defendants to comply with a discovery request is set forth in the Federal Rules of Civil Procedures.
“It all comes down to the fact that there's nothing from the other side,” Berg said after he filed a motion on Thursday for summary judgment.
“The admissions are there. By not filing the answers or objections, the defense has admitted everything. [Obama] admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.”
In a contentious case, lawyers on both sides will haggle over the production of documents, and will frequently go beyond the deadlines, several lawyers told Newsmax.
“The rules are more often complied with in the breech rather than the observance,” a senior trial attorney who has close ties to the Democrat Party, but is not involved in the current case, told Newsmax.
“Lawyers frequently do not return telephone calls or meet discovery deadlines because of sheer inadvertence. Therefore, we do not consider a failure to respond as a ‘violation,’” he said.
Allegations surrounding Obama’s place of birth have been swirling for months. Earlier this year, the Obama campaign sought to put down the rumors by making available a computer-generated Certification of Live Birth, issued in 2007 by the State of Hawaii. [See the Certification of Live Birth — Click Here.]
Respected conservative blogger Ed Morrissey called the Berg lawsuit a “conspiracy theory” that had been put to rest by the Obama campaign over the summer but ”has arisen like a zombie yet again to suck the credibility out of the conservative blogosphere.”
However, the 2007 document produced by the Obama campaign omits key information that normally appears on birth certificates in the United States, including the name of the hospital where he was born, the size and weight of the baby, and sometimes the name of the doctor who delivered him.
In addition, the critics of the 2007 document note that Obama's father is described as “African,” a term used today. The formal language in official documents at the time — 1961 — would have identified his race as “Negro” or “Colored.”
The Web site snarkybytes.com has produced a vault copy of a Hawaii Certificate of Live Birth from 1963, issued by the Hawaii Department of Health. [See the vault copy — Click Here.]
In addition to naming the hospital and more details about the baby, the 1963 vault copy also includes the “usual residence of the mother,” and the “usual occupation” of the father. None of this information appears on the 2007 Live Birth certificate produced by the Obama campaign.
Berg has been a perennial political candidate in Pennsylvania, having run in Democrat primaries for attorney general, lieutenant governor, governor, and other offices without success. He served as deputy attorney general of the State of Pennsylvania from 1972-1980.
His credibility was tarnished by work he did for the far-left “9/11 for the Truth” campaign, which alleged in a federal lawsuit that the collapse of the twin towers in New York was caused by “controlled demolition” ordered by the president of the United States.
Nevertheless, in recent weeks, lawsuits have been filed in seven additional states demanding that Barack Obama produce an original vault copy of his birth certificate, to dispel the rumors that he is not a natural-born United States citizen.
The latest suits have been filed in state and federal courts in Hawaii, Washington, California, Florida, Georgia, New York, and Connecticut to compel Obama to release his birth records.
Lawsuits in Washington and Georgia are seeking state superior courts to force the states’ secretary of state, as the chief state elections officer, to require Obama to produce original birth records from Hawaii, or else decertify him as a candidate for the presidency.
Ironically, Obama mentions his birth certificate in passing on Page 26 of his 1995 memoir, “Dreams of My Father.” “I discovered this article, folded away among my birth certificate and old vaccination forms, when I was in high school,” he wrote.
Lawyers for Obama and the DNC did not return calls for comment on the current status of the case, or explain why the Obama campaign did not simply put to rest the whole controversy by releasing the birth certificate that Obama apparently cherished as a teenager.
In the past, questions about Sen. John McCain's legal status have arisen. McCain was born in the Panama Canal Zone at a U.S. Army hospital. McCain had legal experts vet his constitutional qualifications, and he also disclosed a copy of his birth certificate.

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Thursday, August 21, 2008

Obama and DNC Sued To Stop Nomination

Americas Right is reporting that a Philedelphia lawyer with ties to Hillary has filed suit in Federal District Court in Philadelphia to stop the nomination.

A prominent Philadelphia attorney and Hillary Clinton supporter filed suit this afternoon in the U.S. District Court for the Eastern District of Pennsylvania against Illinois Sen. Barack Obama and the Democratic National Committee. The action seeks an injunction preventing the senator from continuing his candidacy and a court order enjoining the DNC from nominating him next week, all on grounds that Sen. Obama is constitutionally ineligible to run for and hold the office of President of the United States.

Phillip Berg, the filing attorney, is a former gubernatorial and senatorial candidate, former chair of the Democratic Party in Montgomery (PA) County, former member of the Democratic State Committee, and former Deputy Attorney General of Pennsylvania. According to Berg, he filed the suit--just days before the DNC is to hold its nominating convention in Denver--for the health of the Democratic Party.

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