Another birther case dismissed

[Hokie]

Another birther case was dismissed today by DC federal District Court Judge James Robertson. This case known as "Hollister v Soetoro" was filed by a retired Air Force Colonel Greg Hollister who claimed he was terrified that he might be called back to active duty by an "ineligible" President acting as commander in chief. The plaintiff was represented by a lawyer named John Hemenway who was qualified to represent Hollister in district court. In reality the architect of this case was Phil Berg, the same PA lawyer who had filed several other cases that have already been dismissed. Judge Robertson in the dismissal set the groundwork for Federal rule 11 sanctions against Hemenway for filing a frivolous lawsuit. He gave Hemenway 11 days to show cause why he should not be sanctioned.

The judge was quite sarcastic in his ruling and said this:

“The issue of the President’s citizenship was raised,vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court."

The judges memorandum issued with the dismissal order is a must read.

Dismissal:
http://www.scribd.com/doc/13033216/Dismissed

Memorandum:
http://www.scribd.com/doc/13033206/Hollisterdismissal

[Rick Myers]

1. This story made me dig out my own brith certificate

Issued by the State of Ohio in 1957. Nowhere does it say BRITH CERTIFICATE, it is, in fact, Certificate of Live Birth. These people are just sick.

[vaberella]

6. And if you go today to get a copy of your birth certificate

You'll see a different title and if you wait another 5 years or so they change it up again. They regularly update this shit too. These guys are loons.

[crispini]

11. Hahaha. I just looked at mine.

It's the same. A legally certified copy issued in 1968. The raised place where they stamped it is kind of flat by now, haha.

[Wickerman]

2. Damn, I haven't read a ton of dismissals nor accompanying memos

but he gave Hemenway a good ol' fashioned smack down.

[genna]

3. This is how dumb I am --- I was trying to figure out who barry soetoro is.

I wondered how that implicated Barack Obama.


I think the lawyer does need to pay fees. What is he going to say, I brought suit because I thought the retired complainant who does not have a current controversy needed to make sure he is an American citizen JUST IN CASE he gets recalled to service? It is frivolous on its face and in fact.

[progressoid]

14. That doesn't mean you're dumb - it means you're sane.

These people have gone off the deep end.

[DKRC]

4. After reading the memorandum

all I can say is ~ I love this judge.

:evilgrin: :bounce: :evilgrin:

[iamthebandfanman]

5. lol, the memorandum was the cats meow. n/t

[davidpdx]

7. I hope they slap'em with a big fucking fine

and a contempt charge (or whatever the penalty is).

[Hekate]

8. LOL "... they are agents provocateurs..." and goes on. Smackdown! Pwned!

The judge wrote that Berg and Joyce "are agents provocateurs -- and any attempt to sanction them for misuse of the public and private resources that have had to be devoted to this case would only give them a forum to continue their provocation. John D. Hemenway, on the other hand, is a member of the Bar of this Court. He may have been enlisted by Messrs. Berg and Joyce as a foot soldier in their crusade, but he is nevertheless directly responsible to this Court for the pleadings that have been filed on behalf of the plaintiff. Because it appears that the complaint in this case may have been presented for an improper purpose such as to harass; and that the interpleader claims and other legal contentions of plaintiff are not warranted by existing law or by non-frivolous arguments . . . the accompanying order of dismissal requires Mr. Hemenway to show cause why he has not violated Rules 11 (b) (1) and 11 (b) (2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants."
http://www.scribd.com/doc/13033206/Hollisterdismissal

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

Hekate

[TahitiNut]

9. Hemenway better get out his checkbook.

:shrug:

[Lasher]

10. These guys are Ken Starr wannabes

But they don't have a partisan GOP Congress running interference and funding their adventures. Sucks to be them.

[old mark]

12. A lot of the RWers on the more political gun forums were really

fired up about this case. I would be really happy to read some of the posts there today, but last time I did, I posted some pro Obama pro Democratic stuff and had my computer attecked by malware about 30 minutes later..
These peopls really suck, and I'm very happy to see they might have to pay to play.

mark

[Hokie]

13. Here is one of the Birther sites

Predictably, they are attacking Judge Roberts.

http://www.therightsideoflife.com/?p=4342#comments

When this judge was assigned to the Hollister case I looked around the internet to see what I could find. He was appointed by Bill Clinton in 1994. The opinion seems to be that he is very liberal. One person in an article opined that he may be in line for a SCOTUS appointment by Chairman Soetoro. If that is true this guy is way off the chart. I do not believe that Soetoro would appoint anyone to the court who is not way to the left of a Socialist. Watch and see. His appointments will make Ginsburg look like a moderate.

There was no chance with this clown.

Thanks, Ken

[acmavm]

15. That memorandum is a piece of judicial excellence for a change.

That judge had his shit together and he wasn't afraid to call this suit what it was, harrassment and frivolous.