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(eligibility update) DID JUDGE SCREW UP OR DID HE LEAVE DOOR OPEN ON PURPOSE?
http://giveusliberty1776.blogspot.com/2009/10/orlys-case-still-alivedid-judge-screw.html ^

Posted on 10/31/2009 7:37:34 PM PDT by cycle of discernment

http://giveusliberty1776.blogspot.com/2009/10/orlys-case-still-alivedid-judge-screw.html

SATURDAY, OCTOBER 31, 2009 ORLY'S CASE STILL ALIVE?...DID JUDGE SCREW UP OR DID HE LEAVE DOOR OPEN ON PURPOSE?... Carter’s not yet given a final Judgement

October 30, 2009 by John Charlton HAS FAILED TO IMPLEMENT RULES 54 AND 58

Legal analysis by John Charlton

(Oct. 30, 2009) — Despite all his rancor and loony constitutional theories, Judge David O. Carter has failed to give final judgment in the case Barnett vs. Obama, leaving the door open to further filings and proceedings.

His ruling has not dismissed the case, but rather merely dismissed arguments presented so far. This is the interpretation had if you read the Federal Rules of Civil Procedure 54 and 58.

Rule 54(b) reads as follows:

(b) Judgment on Multiple Claims or Involving Multiple Parties.

When an action presents more than one claim for relief — whether as a claim, counterclaim, crossclaim, or third-party claim — or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.

Rule 58 (a & b) reads as follows:

(a) Separate Document.

Every judgment and amended judgment must be set out in a separate document, but a separate document is not required for an order disposing of a motion:

(1) for judgment under Rule 50(b);

(2) to amend or make additional findings under Rule 52(b);

(3) for attorney’s fees under Rule 54;

(4) for a new trial, or to alter or amend the judgment, under Rule 59; or

(5) for relief under Rule 60. (b) Entering Judgment.

(1) Without the Court’s Direction.

Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting the court’s direction, promptly prepare, sign, and enter the judgment when:

(A) the jury returns a general verdict;

(B) the court awards only costs or a sum certain; or

(C) the court denies all relief.

From this it can be seen that since the clerk has not yet added a Judgment record to the Docket, that Carter is indicating, despite his heavy handedness to the Plaintiffs, that he might allow a second amended complaint, which includes a request for relief for the political candidates, whom he acknowledged had standing, so long as their request for relief was redressable: such as a monetary reward howsoever small.

Judge Carter has from 10 to 30 days after his ruling on the Motion to Dismiss to add such a judgment dismissing the case with prejudice to the docket, otherwise he is formally indicating that he expects Dr. Orly Taitz, lead counsel for the plaintiffs, and Attorney Gary Kreep, for his plaintiffs, to submit a request to file a second amended complaint. Indeed, without such ruling added to the docket, the Plaintiffs can initiate such a request action.

Posted in Law Cases | Tagged Captain Pamela Barnett vs Obama, Dr. Orly Taitz, Gary Kreep, Judge David O. Carter, Rule 54(b), Rule 58 a & b | 2 Comments

1. on October 31, 2009 at 5:19 AM Jack

Looks like Judge Carter HAS enabled checkmate against Team Obama after all:

Well done, Orly Taitz case moves forward solely for Plaintiff Keyes for redressable relief of monetary damages, thereby avoiding political question (leave that to Congress once Keyes recovers even nominal damages for pre-Presidential fraud against Candidate Obama) and Team Obama has nothing to appeal to delay the trial.

2. on October 30, 2009 at 10:43 PM Jack

CARTER DECISION FATAL FLAW: When all is said and done, ONE CLAIM MOST DEFINITELY SURVIVES, and that is Keyes’ claim for fraud committed by Candidate Obama before becoming President, which Judge Carter pretends away on the sole basis of Orly having filed same on 1/20/09 at an hour after Obama took the Oath. That’s a “red herring” because Obama took the valid Oath on 1/21/09, no Presidential immunity exists for tort fraud by Candidate Obama before becoming President, and “before-or-after” Oath filing by Orly is irrelevant for such case which does NOT seek Presidential removal, albeit Judge Carter pretends that IS the sole relief sought by Keyes.

-------------------------------- IT WOULD APPEAR THAT ORLY, COULD IN FACT, FILE A SECOND AMENDED COMPLAINT AND SIMPLY FILE A CLAIM FOR ELECTION FRAUD AGAINST OBAMA...SHE GETS A JUDGMENT...THE WHOLE WORLD IS THEN OFFICIALLY ON NOTICE THAT OBAMA IS A CRIMINAL...AND THEN THE PUBLIC CAN PUT PRESSURE ON CONGRESS TO HAVE HIM REMOVED, SINCE CARTER HAS BEGGED OFF ON THAT ISSUE! Posted by giveusliberty1776 at 7:16 AM


TOPICS: Politics/Elections
KEYWORDS: birthcertificate; birthers; certifigate; judgedavidcarter; keyes; obama; orlytaitz
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1 posted on 10/31/2009 7:37:35 PM PDT by cycle of discernment
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To: STARWISE; LucyT

FYI


2 posted on 10/31/2009 7:40:22 PM PDT by Faith
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To: cycle of discernment

Sorry, reading that made what’s left of my hair hurt. Could someone provide a translation?


3 posted on 10/31/2009 7:42:10 PM PDT by xkaydet65
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To: cycle of discernment

He granted the Motion to Dismiss. It’s over. It’s harder to play at the Court of Appeals.

parsy, who will miss Orly


4 posted on 10/31/2009 7:42:38 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: cycle of discernment
An excerpt from a comment by Orly Taitz at her website:

" I have no words to describe my anger, my disgust, my outrage. What is the point of going to court? Keep in mind, appeals can last years. Circuit court of appeals has no requirement to provide a resolution within any specific period of time. If this regime wants to kill the case, they can simply sit on it indefinitely in the court of appeals, Obama can finish 2 terms before they move and do anything."
5 posted on 10/31/2009 7:44:40 PM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: xkaydet65

I don’t have my FRCP book at hand, but he dismissed the case. That is different than judgment or a grant of summary judgment. In other words, the Plaintiffs don’t even have enough of a case for it to be treated like a case. It is just dismissed as one would swat a fly or gnat.

parsy, who knows that life is cruel sometimes


6 posted on 10/31/2009 7:46:15 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: Man50D

“What is the point of going to court?”

Well, Orly, generally it is a place to resolve legal disputes. The Plaintiff, your side, presents some facts, and then some law related to those facts, and makes a claim for relief. You don’t get to use courts for suspicions and then go out and seek some evidence to back up your suspicions. This is why one court sanctioned you to the tune of $20,000.

parsy, who hopes she understands now


7 posted on 10/31/2009 7:50:02 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

Well, dubious as it is, I thought she had a “Kenyan B/C” - so wouldn’t that be the evidence? Wouldn’t zero have to prove it’s not the real one?


8 posted on 10/31/2009 7:54:21 PM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: Aria

It counts as “evidence”, but it is laughable evidence. She put in two separate Kenyan BCs I think. The issue was standing and jurisdiction. If you want to get rid of a president, you impeach him, not sue him.

parsy


9 posted on 10/31/2009 7:56:26 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

10 posted on 10/31/2009 7:57:37 PM PDT by Cicero (Marcus Tullius)
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To: cycle of discernment
Based on Carter's opinion of Taitz, she'd be better off letting Kreep make any amended complaints.
11 posted on 10/31/2009 7:59:36 PM PDT by stylin19a
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To: parsifal

“It’s over.”

parsi, parsi, parsi ... even you must understand that this
won’t be over as long as Zero sits on his birth certificate.
We’re just getting started, chummmmmm......p!

And I see you still have that annoying affectation.
In any event, I wish you a good All Hallows Eve.


12 posted on 10/31/2009 7:59:41 PM PDT by tumblindice (Obama is a fraud and liar)
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To: parsifal

Thanx!! :)


13 posted on 10/31/2009 8:02:48 PM PDT by xkaydet65
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To: tumblindice

Happy Halloween to you too! The only thing good in on the TV guide Channel where they have shown two movies tonite that weren’t half bad. I am also learning “Nothing Else Matters” on guitar.

parsy, who has a quiet life


14 posted on 10/31/2009 8:04:24 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: cycle of discernment

FRCP Rule 60

Political candidates have standing, but they will have to change their redressibility argument from removing a sitting President to a monetary award for denial for a free and fair election.


15 posted on 10/31/2009 8:07:18 PM PDT by SvenMagnussen (Clever tagline can only be seen on the other internet.)
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To: parsifal

I have reviewed many of your posts, I have tried my best to understand your logic, I have worked at the state hospital for the mentally incompetant....I now think that I understand you.....we have bed space available!!


16 posted on 10/31/2009 8:26:25 PM PDT by terycarl (lurking, but interested and informed)
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To: terycarl

Thank you. But the bars on the windows thing is such a drag. But you know, Orly could probably use a little help in that dept if you know what I mean. She don’t know she’s crazy. I do.

parsy, who had daily analysis for over 25 years


17 posted on 10/31/2009 8:37:35 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: SvenMagnussen

Judge David O. Carter sold out his manhood, his honor, his country and young Marines dying in Afghanistan to amuse the Saudi King. He is a Jack Murtha Marine.

Carter is a stooge for the Saudis and their Kenyan employee.


18 posted on 10/31/2009 8:47:07 PM PDT by Frantzie (Judge David Carter - democrat & dishonorable Marine like John Murtha.)
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To: terycarl

Don’t feed the troll.


19 posted on 10/31/2009 8:48:06 PM PDT by Frantzie (Judge David Carter - democrat & dishonorable Marine like John Murtha.)
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To: Faith; rocco55; thouworm; rxsid; GOPJ; Fred Nerks; null and void; stockpirate; george76; ...
Image and video hosting by TinyPic

(eligibility update) DID JUDGE SCREW UP OR DID HE LEAVE DOOR OPEN ON PURPOSE?

.

20 posted on 10/31/2009 8:56:45 PM PDT by LucyT
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To: cycle of discernment

Carter sandbagged his ruling?


21 posted on 10/31/2009 9:01:15 PM PDT by Red Steel
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To: cycle of discernment

Is it true that Orly filed her case before 0bama took his second oath on Jan. 21st?


22 posted on 10/31/2009 9:08:40 PM PDT by smokingfrog (No man's life, liberty or property is safe while the legislature is in session. I AM JIM THOMPSON)
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To: parsifal
He granted the Motion to Dismiss. It’s over. It’s harder to play at the Court of Appeals.

According to this the door is still open pansy.

His ruling has not dismissed the case, but rather merely dismissed arguments presented so far. This is the interpretation had if you read the Federal Rules of Civil Procedure 54 and 58.

Carter sandbags Obama...will see though.

23 posted on 10/31/2009 9:13:41 PM PDT by Red Steel
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To: parsifal
Ok. But one can imagine a situation in which the powers that be decide they can pull one over on the country, the media is complicit, and an ineligible person ends up winning the election and the very people who conspired to put him in office of course would never impeach him. So the remedy of impeachment is inadequate.

Of course, who can imagine that such a scenario would ever happen?

24 posted on 10/31/2009 9:20:45 PM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: SvenMagnussen
...they will have to change their redressibility argument

Oh dear gosh, this is like the "you only get three wishes game" and you cannot wish for more wishes. think.. think.. think.. OK, I will ask for money. Go to court, Judge agrees on redressibility, Obama team says OK, you got us, here is your money and still they do not have to show the birth certificate. Darn. I should ask for a Jimmy Neutron redo. OK, think.. think.. think..

25 posted on 10/31/2009 9:28:40 PM PDT by tarpit
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To: LucyT

Can’t we get just ONE of these cases as far as discovery? Because that’s all that matters. Once a judge, any judge, orders discovery Obama HAS to produce his documents.


26 posted on 10/31/2009 9:30:51 PM PDT by Nipfan (The desire to save humanity is always a false front for the urge to rule it - H L Mencken)
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To: cycle of discernment

Hopefully Taitz will take her wigs and head back to Tel Aviv or Moscow and let an actual litigator like Kreep take it from here, as her (former) clients want.


27 posted on 10/31/2009 9:32:24 PM PDT by montag813 (During times of universal deceit, telling the truth becomes a revolutionary act. -George Orwell)
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To: Red Steel

I think the Motion to Dismiss was filed pursuant to Rule 12 FRCP. This takes the case outside the normal loop. Here is Rule 12:

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
(a) Time to Serve a Responsive Pleading.

(1) In General.

Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:

(A) A defendant must serve an answer:

(i) within 20 days after being served with the summons and complaint; or

(ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.

(B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim.

(C) A party must serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.

(2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity.

The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.

(3) United States Officers or Employees Sued in an Individual Capacity.

A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later.

(4) Effect of a Motion.

Unless the court sets a different time, serving a motion under this rule alters these periods as follows:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 10 days after notice of the court’s action; or

(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 10 days after the more definite statement is served.
(b) How to Present Defenses.

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and

(7) failure to join a party under Rule 19.

A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
(c) Motion for Judgment on the Pleadings.

After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings.
(d) Result of Presenting Matters Outside the Pleadings.

If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.
(e) Motion For a More Definite Statement.

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.
(f) Motion To Strike.

The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 20 days after being served with the pleading.
(g) Joining Motions.

(1) Right to Join.

A motion under this rule may be joined with any other motion allowed by this rule.

(2) Limitation on Further Motions.

Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.
(h) Waiving and Preserving Certain Defenses.

(1) When Some Are Waived.

A party waives any defense listed in Rule 12(b)(2)-(5) by:

(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or

(B) failing to either:

(i) make it by motion under this rule; or

(ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.

(2) When to Raise Others.

Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:

(A) in any pleading allowed or ordered under Rule 7(a);

(B) by a motion under Rule 12(c); or

(C) at trial.

(3) Lack of Subject-Matter Jurisdiction.

If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.
(i) Hearing Before Trial.

If a party so moves, any defense listed in Rule 12(b)(1)-(7) — whether made in a pleading or by motion — and a motion under Rule 12(c) must be heard and decided before trial unless the court orders a deferral until trial.

Most Motions to dismiss are 12(b)6 but I think this one was and/or included 12(b)1. The Motion was granted. I do not think the defendants even filed an Answer to the Complaint, but I could be wrong.

If I am correct, this is why there need not be a “judgment” because technically, this case never got “born”.

It is possible to do 12(b)6’s AFTER the answer and usually some discovery, so the rules get a little blurry sometimes on whether you have a dismissal or a summary judgment and permit some crossover, particularly with regard to “final judgments” and appeals time periods. But here, since it was 12(b)1 (I think), it is just a straight dismissal pure and simple.

parsy, who says “turn out the lights, the party’s over”


28 posted on 10/31/2009 9:41:10 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: Nipfan

Actually, he doesn’t. If he does not have a copy of his long form, he does not have to produce it. He may be forced to sign off on a form request for the State of Hawaii to produce the long form, but even there, the COLB will probably be acceptable.

parsy, who says you don’t necessarily have to produce every document you are asked to produce. (Heck Wal Mart withholds discovery all the time)


29 posted on 10/31/2009 9:44:31 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal
So we we will never be able to prove Obama is a usurper?

Then we might as well declare American democracy a failed experiment.

Or we may well undergo extreme socio-political turmoil like our Latin American brothers which means blood will run in the streets and patriots will die by the thousands.

And it will all be because cowards failed to pursue the truth lest their own standing and reputations be tarnished.

30 posted on 10/31/2009 10:58:28 PM PDT by TheThinker
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To: tarpit

Interesting. How much money would one be able to ask for?


31 posted on 10/31/2009 11:04:55 PM PDT by Bellflower (If you are left DO NOT take the mark of the beast and be damned forever.)
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To: parsifal

Just thinking. Clearly Obama was significantly motivated by Saul Alinsky, but I wonder if Alinsky has influenced his little birth certificate shenanigans.

Speaking of Alinsky—did he ever discuss the concept of accountability? It seems he didn’t. I wonder how it would have sounded if he had simply advocated “doing the right thing.”

Imagine Alinsky saying something like “Whatever you do, make sure you do the right thing, and always act responsibly. Above all, be accountable for your actions.”

Somehow it doesn’t sound right along with “Now, go on out there and do your best to advance our communist agenda.”

parsy, who deep inside wishes he could be more honest about his worldview


32 posted on 11/01/2009 12:23:26 AM PDT by reasonisfaith (When liberal ideology is put into practice it accomplishes, universally, the opposite of its claims.)
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To: parsifal
He granted the Motion to Dismiss. It’s over. It’s harder to play at the Court of Appeals.

parsy, who will miss Orly

******

2012 presidential primaries: I may be mistaken, but I don't see how Obama can apply to be put his name on the the 2012 Democratic Party presidential primaries without first providing his long form birth certificate to state election officials when he signs his application form.

1. That is, I don't think that voters will give former state senator and community organizer Obama a free pass this second time around during the 2012 Democratic presidential primaries.

2. At the very least, I see voters all over the country in 2011-2012 challenging Obama's eligibility over and over as soon as Obama signs his primary application form in each state.

3. In addition, I see a lot of angry voters demanding during the 2012 primaries that Obama attach his long form birth certificate to his primary application form or else they are not going to vote for him.

4. We must always remember this: A person has 1 to 5 days---depending on the state---to challenge the eligibility of a person who applies to be placed on the presidential primaries in 2012.

5. So we all must be on high alert and be ready to challenge Obama's eligibility immediately when Obama presents his primary application form to state officials.

6. Just wondering: Does anyone know what state holds the first 2012 Democratic Party presidential primary, and does anyone know what is the deadline for a person, such as Obama, to present his application to run in the Democratic primary in that state?

Thanks.

33 posted on 11/01/2009 1:07:57 AM PDT by john mirse
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To: parsifal
But here, since it was 12(b)1 (I think), it is just a straight dismissal pure and simple.

Yes, it's 12(b)(1). (Under "Legal Standard," Page 5).

34 posted on 11/01/2009 2:06:16 AM PST by browardchad ("Everyone is entitled to his own opinion, but not to his own fact." - Daniel P Moynihan)
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To: john mirse

“what is the deadline for a person, such as Obama, to present his application to run in the Democratic primary in that state?”

There won’t be a primary. No one will challenge “The Kenyan”.


35 posted on 11/01/2009 5:41:38 AM PST by Fireone (Where's the birth certificate? Who is this guy?)
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To: cycle of discernment

monetary loss to keyes - presidential salary?

provided his claim is still alive in this court...


36 posted on 11/01/2009 7:28:49 AM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: parsifal
The Plaintiff, your side, presents some facts, and then some law related to those facts, and makes a claim for relief. You don’t get to use courts for suspicions and then go out and seek some evidence to back up your suspicions.

Two points. In civil court you generally do get to use suspicions, as long as they are reasonable and supported by some evidence. Discover is about getting further evidence to confirm or refute those suspicions. Somewhat like the police having suspicions that a crime has been committed, and seeking a search warrant. Those suspicions need only be reasonable and be backed only by affidavit showing probable cause, in order for a magistrate to issue a search warrant. All that generally before charges are even filed.

37 posted on 11/01/2009 8:15:55 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: john mirse

You are assuming the sitting resident will have a primary challenger.


38 posted on 11/01/2009 8:23:53 AM PST by MortMan (Stubbing one's toes is a valid (if painful) way of locating furniture in the dark.)
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To: smokingfrog
Is it true that Orly filed her case before 0bama took his second oath on Jan. 21st?

Yes. She filed on the 20th, it was a big issue.

39 posted on 11/01/2009 8:41:06 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Red Steel
Carter sandbagged his ruling?

I'm beginning to wonder. He referred to many items that were not put into evidence. Other cases, accusations of subornation of perjury. Even the "Daiy Kos/Factcheck" CoLB, which was never entered into evidence.

40 posted on 11/01/2009 8:44:39 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Nipfan
Once a judge, any judge, orders discovery Obama HAS to produce his documents.

Actually the holders of the documents will have to produce them, not The Messiah. For example, Hawaii law explicitly provides that the Vital Records be produced upon order of a Court of competent jurisdiction.

41 posted on 11/01/2009 8:48:35 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
It was possibly the only case the criminal DNC feared since it was being brought by someone defrauded in the election, Alan Keyes. The Berg suits had been quashed by DNC leftist judges. Of course, the fear of the case arose before the criminal minds of the obammy cesspool had seen the feckless Orly in action, to know she wouldn't be able to carry the ball far enough to even hand it off. We can reason this because of the months of obammy kneepad sycophants at FR spending their time trashing Orly while posting all manner of lies to deceive readers at what used to be the preeminent conservative website on the Internet.
42 posted on 11/01/2009 8:48:36 AM PST by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: MortMan
Obama has made a lot of enemies on the far left by failing to move quickly enough for them on their agenda and preserving most of the Bush wars, Patriot Act and FISA.

I expect that once the healthcare plan fails they will conclude that they need to “primary” and and will have no interest in protecting Obama from his past. ! "The enemy of my enemy is my friend."

I expect that the NBC/BC ineligibility movement will have lots of new friends shortly!

43 posted on 11/01/2009 8:53:10 AM PST by Seizethecarp
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To: parsifal
He may be forced to sign off on a form request for the State of Hawaii to produce the long form, but even there, the COLB will probably be acceptable.

He won't be asked or directed to provide squat. The head of the Department of Health of the State of Hawaii will be ordered to produce the documentation, or certified copies thereof, along with an affidavit attesting to it's authenticity.

They can of course object, but they'd best have a very very good reason for doing so, since Hawaii law provides that the department will provide such documents upon an order from a court of competent jurisdiction.

44 posted on 11/01/2009 8:57:06 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: john mirse

I agree with you. It is going to be a big issue starting in 2009, when people start lining up to run for 2010 elections. Many states will have upped the requirements so as not to be seen as picking on Obama in 2012. This is why I say birthers need an exit strategy for when Obama proves he was born in Hawaii.

parsy, who plans ahead


45 posted on 11/01/2009 9:58:57 AM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: browardchad

Thanks. I was thinking I had read that in Carter’s decision. I also think the Defendant’s never filed an Answer, too, but I hate re-reading all the pleadings. Most people don’t understand how utterly this “case” failed at all levels. I actually think there could have been a decent argument for standing, but it wasn’t made, and the real sticking point is subject matter jurisdiction/justiciability. Of course, some marginal teeny-weeny bit of real evidence would have been of help.

parsy, who thinks the long form may come out before 2012, and maybe even before 2010 to help the democrats


46 posted on 11/01/2009 10:06:52 AM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

No exit is necessary when your position is merely that of demanding honesty, transparency and forthrightness. (Learn the birther position.)

The birther position is to suspect (remember the term “suspicion?”) that Obama was not born in the U.S.—not necessarily to conclude it with 100% certainty—because of his overwhelming pattern of hiding his past. Birthers are simply demanding openness.

If Obama proves he was born in Hawaii, ethical standards and mores of the oval office will demand he explain what took him so long. What you should be saying is that all non-birthers need an entrance strategy so they may join the birthers in demanding rational behavior and moral clarity.

parsy, who’s moving the bar around so much it’s making him dizzy


47 posted on 11/01/2009 11:30:21 AM PST by reasonisfaith (When liberal ideology is put into practice it accomplishes, universally, the opposite of its claims.)
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To: All

_____________________________

JB Williams

http://canadafreepress.com/index.php/article/12999

(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.

(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.

(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.

(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.

(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.

(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.

(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..

Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999

___________________________________

A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:

Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.

Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.

She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!

She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880

Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.

So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.

http://www.youtube.com/watch?v=wcChG5pRTOE&feature=player_embedded

Please visit Dr. Orly’s website. Don’t be influenced by Obots.
Do what you can to help her.


48 posted on 11/01/2009 1:30:59 PM PST by patriot08 (TEXAS GAL- born and bred and proud of it!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: All

_____________________________

JB Williams

http://canadafreepress.com/index.php/article/12999

(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.

(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.

(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.

(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.

(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.

(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.

(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..

Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999

___________________________________

A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:

Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.

Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.

She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!

She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880

Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.

So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.

http://www.youtube.com/watch?v=wcChG5pRTOE&feature=player_embedded

Please visit Dr. Orly’s website. Don’t be influenced by Obots.
Do what you can to help her.


49 posted on 11/01/2009 1:31:02 PM PST by patriot08 (TEXAS GAL- born and bred and proud of it!)
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To: MortMan
You are assuming the sitting resident will have a primary challenger.

******

Is one of us confused?

I thought that even if Obama is the only person running in the 2012 Democratic Party primaries in each state, he still has to fill out an official state election application where he certifies/confirms that he is eligible to run for president under the laws of the Constitution of the United States.

In addition, won't Obama---like all presidential candidates--- have to provide certified/legal documentation to election officials in each state that he is eligible to put his name on the Nov. 2012 presidential ballot,such as providing a long form birth certificate?

I'm curious: Are you saying that if Obama is the only Democratic Party presidential candidate in 2012 in each state, the Democratic Party can legally cancel its primaries in each of those states and declare Obama as its presidential candidate?

NOTE: Pelosi: As most of us know, Pelosi signed the Hawaii presidential candidate application where she certified that Obama met the eligibility requirements to run for president as written in the Constitution of the United States.

Myself, I don't think that Pelosi will get a free pass on signing such a document in 2012 without a public outcry for Pelosi to show proof that Obama was eligible to run for President of the United States as written in the Constitution.

50 posted on 11/01/2009 8:10:44 PM PST by john mirse
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