President Obama

A Washington, D.C., law firm defending President Obama in a lawsuit challenging his eligibility to be president that earlier was tossed by a district judge because the issue already had been "twittered" now is threatening sanctions against opposing counsel if he doesn't withdraw his appeal of that decision.

The warning from Robert F. Bauer of the Washington firm Perkins Cole was delivered via letter to the plaintiff's attorney, John D. Hemenway. It is not the first such warning issued. Lawyers trying to kill a similar California lawsuit filed on behalf of Ambassador Alan Keyes also said they would seek sanctions against the plaintiff's attorneys in that case unless they left the issue of the president's eligibility alone.

The warning from Bauer noted that the firm represented Obama and Vice President Joe Biden in the case brought on behalf of Gregory S. Hollister, a retired military officer who is subject to being recalled to duty and, therefore, would need to know the legitimacy of any order coming from Obama.

"For the reasons stated in Judge Robertson's ruling, the suit is frivolous and should not be pursued," the letter warned. "Should you decline to withdraw this frivolous appeal, please be informed that we intend to pursue sanctions, including costs, expenses and attorneys' fees, pursuant to Federal Rule of Appellate Procedure 38 and D.C. Circuit Rule 38."

The district judge in the case, James Robertson, also had suggested sanctions against Hemenway. But Robertson quickly backed away when Hemenway noted the judge had cited hearsay in his ruling. Hemenway argued that if he was going to be penalized, he was eligible to a discovery hearing in which he could see documentation

James Robertson

There never was an actual court hearing in the Hollister case, with Robertson ruling that there was no need.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 350,000 others and sign up now!

Robertson wrote: "The plaintiff says that he is a retired Air Force colonel who continues to owe fealty to his Commander-in-Chief (because he might possibly be recalled to duty) and who is tortured by uncertainty as to whether he would have to obey orders from Barack Obama because it has not been proven – to the colonel's satisfaction – that Mr. Obama is a native-born American citizen, qualified under the Constitution to be president.

"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," Robertson wrote.

Robertson, warning of sanctions against Hemenway, ordered him to respond immediately. He did.

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