Army Capt. Connie Rhodes, who unsuccessfully petitioned a federal court to stop her deployment to Iraq by arguing President Barack Obama can’t legitimately hold the office, has asked U.S. District Court Judge Clay Land to reconsider his Wednesday ruling.
The emergency request for stay of deployment and request to amend the judgement was filed Thursday on behalf of Rhodes by attorney Orly Taitz — a national figure in the “birther” movement.
In her Sept. 4 complaint, Rhodes argued that some facts point to Obama not being naturalized or possibly an illegal immigrant. She said she couldn’t be lawfully compelled to obey a de facto president’s orders.
In a Wednesday order Taitz called “sarcastic” and “biting,” Land denied Rhodes’ request and told Taitz she would face sanctions if she ever again filed in his court a similar frivolous action.
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“Plaintiff avers that there is increasing evidence that the United State District Courts in the 11th Circuit are subject to the same illegitimate chain of command which plaintiff has previously protested in this case...” Rhodes’ Thursday filing states.
Rhodes claims in her Thursday filing that Land denied her Fifth Amendment right to due process of law by not letting her file a response to the government’s motion to dismiss. Also, Rhodes had no meaningful access to the courts because Land’s ruling didn’t address any of her arguments, the request states.
In his ruling, Land said Rhodes had no credible evidence and made no reliable factual allegations that would support her unsubstantiated claims that Obama can’t serve as president. Instead, Rhodes used her complaint for political rhetoric and to call Obama “an illegal usurper” and “unlawful pretender,” the judge writes.
“It is reasonably certain that the men who framed the constitution did not anticipate the election of a man as a president who appears to have prevaricated about his place of birth and then ordered his loyal followers to ridicule all those who questioned the contradictions inherent in his own biography, such as the obvious fact that his father was an (admittedly disloyal and possibly treacherous) subject of the British Crown when he was born, even though this fact alone would disqualify the president as a ‘natural born citizen,’ regardless of his place of birth,” Taitz states.
Rhodes asks that Land stay her deployment until Sept. 30, which would give her enough time to file relevant motions.
In his ruling, Land ordered that the defendants — who include Obama, U.S. Defense Secretary Robert Gates and Col. Thomas MacDonald, Fort Benning garrison commander — will recover any costs from the complaint from Rhodes.
The captain’s complaint is similar to the July 8 suit filed by Maj. Stefan Frederick Cook, who sought conscientious objector status and a temporary injunction. Taitz represents both.
Land tossed out Cook’s case in July, saying the judicial branch shouldn’t inject itself into “political disputes” and shouldn’t get involved in hypothetical debates that haven’t yet become actual legal disputes.
On Tuesday, Cook filed his appeal to Land’s decision.