Judge tosses captain's complaint questioning Obama's birth, puts lawyer on noticeCOLUMBUS, Ga. — U.S. District Court Judge Clay Land today tossed out a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.
Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national "birther" movement, on notice by stating that she could face sanctions if she ever files a similar "frivolous" lawsuit in his court.
"(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States," Land states in his order. "Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is 'an illegal usurper, an unlawful pretender, (and) an unqualified imposter.' "
Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, argued that some facts point to Obama not being naturalized or possibly an illegal immigrant.
"This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president," Rhodes' complaint states. "This plaintiff cannot be lawfully compelled to obey this de facto president's orders."
In his order, Land states in a footnote that Obama defeated seven opponents in a "grueling" primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.
"It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought," Land says.
The judge adds that Congress hasn't started impeachment proceedings against Obama and appears satisfied that he can hold the office.
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