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Old 09-08-2009, 11:51 AM
 
42,732 posts, read 29,878,374 times
Reputation: 14345

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Quote:
Originally Posted by ergohead View Post
Wouldn't you love to see a national class-action suit on this?

Or, should we wait for a "classless" society first?

Call Ketchem, Killum and Dogood for all your legal needs?
A class-action suit based on what? That the majority of Americans voted for this candidate to become President? There is no loss or harm that they can sue over.

Yes, I know you are going to say the harm to the Constitution. What harm? In a court of law you will have to demonstrate actual damage. And you can't do that.

These lawsuits aren't being filed because there is any proof of any wrong-doing, they are being filed as fishing expeditions, which is why they are being shot down. The courts aren't tools, they are forums where each side gets the chance to prove it's case. None of these lawsuits has any credible proof that would outweigh the State of Hawaii asserting that Obama was born in that state. Legally, plaintiffs would have to build a case that undermines that assertion. They can't go fishing, they have to be holding a smoking gun. They can post a hundred birth certificates, but unless they can get Hawaiian authorities to recant their assertion of Obama's birth, it will do them no good.
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Old 09-08-2009, 12:05 PM
 
19,226 posts, read 15,321,408 times
Reputation: 2337
Quote:
Originally Posted by DC at the Ridge View Post
In a court of law you will have to demonstrate actual damage. And you can't do that. None of these lawsuits has any credible proof that would outweigh the State of Hawaii asserting that Obama was born in that state.
Well, wouldn't this be for a court to decide?
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Old 09-08-2009, 12:08 PM
 
Location: Foot of the Rockies
90,297 posts, read 120,759,995 times
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Quote:
Originally Posted by ergohead View Post
Well, wouldn't this be for a court to decide?
The courts are batting 1000 with throwing this crap out.
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Old 09-08-2009, 12:19 PM
 
Location: Washington DC
5,922 posts, read 8,066,605 times
Reputation: 954
Quote:
Originally Posted by ergohead View Post
Wouldn't you love to see a national class-action suit on this?

Or, should we wait for a "classless" society first?

Call Ketchem, Killum and Dogood for all your legal needs?
No.

There will be no lawsuit class action or individual. Private citizens do not have standing to bring such a suit. Besides even if you succeeded, Obama would just bring in his Hawaii birth certificate and it would be end of story.
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Old 09-08-2009, 12:20 PM
 
19,226 posts, read 15,321,408 times
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Quote:
Originally Posted by Katiana View Post
The courts are batting 1000 with throwing this crap out.
Yeah, but those were all snot balls - this is their first fast ball.
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Old 09-08-2009, 12:22 PM
 
Location: Washington DC
5,922 posts, read 8,066,605 times
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Quote:
Originally Posted by ergohead View Post
Yeah, but those were all snot balls - this is their first fast ball.
Whatever this is, and it's just another fake, it doesn't matter. There is no case before the court. These people have no standing to sue.
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Old 09-08-2009, 12:24 PM
 
42,732 posts, read 29,878,374 times
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Quote:
Originally Posted by ergohead View Post
Well, wouldn't this be for a court to decide?
The courts ARE deciding it, when they dismiss the lawsuits.

The courts are deciding that the plaintiffs are failing to demonstrate any tangible damage.

You are pinning hopes on lawsuits without merit. They are meritless.

But they are also little moneymakers for the people filing them, because people who want to believe the lawsuits have merit keep on sending money to pay for these lawsuits. Paying for lawsuits that go nowhere. Where's the money going? It doesn't cost that much to pull of legal software, fill in the blanks, and file a lawsuit. The costs involved with lawsuits is from lawyers' billable hours, the amount of research a lawyer has to do.

It's a waste of research to come up with a new and questionable birth certificate. That birth certificate is not going to dislodge the State of Hawaii. It's a waste of research to come up with another soldier willing to sacrifice his or her career to defy the President. That soldier isn't going to disprove the assertion by the State of Hawaii.

In court, plaintiffs are going to have to attack the credibility of the State of Hawaii, or have a Hawaiian official with access to the pertinent records who will recant the state's assertion. Unless that happens, all these lawsuits do is line the pockets of attorneys like Dr Taitz, and make the people who believe in the lawsuits look a little sad.
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Old 09-08-2009, 12:31 PM
 
19,226 posts, read 15,321,408 times
Reputation: 2337
Quote:
Originally Posted by DC at the Ridge View Post
The courts ARE deciding it, when they dismiss the lawsuits.

The courts are deciding that the plaintiffs are failing to demonstrate any tangible damage.

You are pinning hopes on lawsuits without merit. They are meritless.

But they are also little moneymakers for the people filing them, because people who want to believe the lawsuits have merit keep on sending money to pay for these lawsuits. Paying for lawsuits that go nowhere. Where's the money going? It doesn't cost that much to pull of legal software, fill in the blanks, and file a lawsuit. The costs involved with lawsuits is from lawyers' billable hours, the amount of research a lawyer has to do.

It's a waste of research to come up with a new and questionable birth certificate. That birth certificate is not going to dislodge the State of Hawaii. It's a waste of research to come up with another soldier willing to sacrifice his or her career to defy the President. That soldier isn't going to disprove the assertion by the State of Hawaii.

In court, plaintiffs are going to have to attack the credibility of the State of Hawaii, or have a Hawaiian official with access to the pertinent records who will recant the state's assertion. Unless that happens, all these lawsuits do is line the pockets of attorneys like Dr Taitz, and make the people who believe in the lawsuits look a little sad.
In court, records can be gotten under subpoena - testimony can be challenged - and penalties can be imposed for perjury.

Ask Clinton.
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Old 09-08-2009, 12:33 PM
 
Location: Washington DC
5,922 posts, read 8,066,605 times
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Quote:
Originally Posted by ergohead View Post
In court, records can be gotten under subpoena - testimony can be challenged - and penalties can be imposed for perjury.

Ask Clinton.
You can't get to court. You have no standing.
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Old 09-08-2009, 12:47 PM
 
42,732 posts, read 29,878,374 times
Reputation: 14345
Quote:
Originally Posted by ergohead View Post
In court, records can be gotten under subpoena - testimony can be challenged - and penalties can be imposed for perjury.

Ask Clinton.
Yes, but you have to have a lawsuit with merit to get to court. And as regards the birth certificate, there hasn't been such a lawsuit.

Clinton was a completely different issue. Jones actually had standing and an argument that she was damaged by Clinton's purported actions. Her argument was tenuous, but she had an argument. As President, he shouldn't have been called to court, but that belongs in a different thread.

These birth certificate lawsuits are being filed by people who don't have standing, who can't demonstrate any actual damage. They have no merit, which is why they keep getting tossed.
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