Indiana Birther Paul Guthrie lost once again in the Southern District of Indiana federal court when Judge Sarah Evans Barker dismissed a re-filing of his case against President Obama and a long list of other government defendants in which he claims that President Obama is a King and not a natural born citizen because according to “natural law” citizenship only passes through the father. Guthrie, who calls himself “Jedi Pauly” on his blog had filed his original case in the same jurisdiction and it was quickly dismissed by Judge Jane Magnus-Stinson who is an Obama appointee. The Jedi was mightily offended that an Obama appointee and a female to boot would dare to dismiss his case so the filed again and added Judge Magnus-Stinson as a defendant. Through a cruel twist of fate Guthrie again drew a female judge; this time the Reagan appointee Judge Barker
Judge Barker issued an order on April 3rd asking Guthrie to show why this nearly identical case should not be dismissed on similar grounds as his previous nutty case and explain why it was not frivolous. Guthrie replied on April 17th with a 148 page filing chock full of his kooky “natural law theory” legal nonsense to explain the definition of natural born citizen as used in the Constitution. Unlike the Vattelite Birthers who believe that a child must be born on US soil and both parents must be US citizens to become a natural born citizen Guthrie believes it is only the father’s citizenship that counts. Guthrie’s response was bizarre even by Birther standards and included a discussion of Judge Barker’s reproductive capabilities.
Judge Barker was not impressed. Yesterday she issued an order dismissing the case again. First she explained to Guthrie that trying to sue a sitting judge for a decision he didn’t like was a “complete non starter”. Judges have absolute immunity for rendering decisions without fear of retribution from unhappy litigants like Guthrie. This is one of those foundations of our system of justice that seems to escape comprehension by Birthers like Guthrie and Orly Taitz who think that judges have almost unlimited power to do their bidding and if they refuse it is because they are either bought off, being blackmailed, or are traitors. In this case Guthrie had added Judge Magnus-Stinson because it he thought she was a “de facto” judge as an an Obama appointee and should have recused herself because he had not given her permission to judge his case. I kid you not. Guthrie actually said that in his filing on April 17. He also accused Judge Magnus-Stinus of committing a fraud upon the court for dismissing his case.
Judge Barker had no trouble finding failed Birth cases to cite in her ruling that the court lacked jurisdiction to remove a sitting president and that Guthrie laced standing. After all there are 201 of them now. among the oldies but goodies she cited were Kerchner v Obama, Berg v Obama, Sibley v Alexander (DC District), and Taitz v Obama (DC District).
I recently invited Mr. Guthrie to appear on RC Radio. He declined.
The full text of Judge Barker’s ruling is available at Jack Ryan’s SCRIBD site:
Will the Jedi give up or will he roll the dice again and hope for a male judge? Only time will tell.