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I just had the following interaction with Leo. IMHO he was overly cynical about Judge Carter and places too much reliance exclusively on quo warranto, but at least today he was suggesting (can't solicit) that he was open to being contacted by Chrysler dealers to pursue quo warranto.

Seizethecarp Says:
September 17, 2009 at 12:26 pm
From my prior post:

Hasn’t a window of opportunity been opened by Judge Carter for a narrow remedy to be fashioned for Keyes (the non-military plaintiff with the most likely standing) if, for instance, the 1964 Kenya certification was authenticated to have come from Obama Sr’s family files, for example from the son of Obama Sr’s third wife who lives in the US? No FRE 902(3) Kenyan authentication (such as required for the Lucas Smith BC) would then be needed, would it?

This is totally speculative, but such a showing of Obama’s non-NBC status could allow the federal court to declare Obama to be ineligible without recourse to extrajudicial quo warranto or impeachment. Any implications of such a declaration of ineligibility by Judge Carter would be outside the judiciary as required by the Constitution, wouldn’t you agree?

[Ed. I don't understand your last paragraph. Please explain.]

Assume the following: Judge Carter finds Keyes has standing which implies a federal court remedy is available. Carter orders discovery including the 1964 Kenya certification which comes back as being authentic and is acceptable as evidence under FRE. Other discovery shows Obama knew or should have known he was not NBC due to either knowing he was born in Kenya and/or his admission against interest that he was a dual citizen governed by 1948 BNA at birth. Carter orders civil monetary remedy for Keyes based on injury caused by Obama being on ballot as an ineligible candidate. Carter makes no orders respecting Obama’s status as POTUS as that is barred by the Constitution.

As you have pointed out, the political elite of both parties have collectively ignored the NBC status of both McCain and Obama because the thought they could get away with it. An informed public can change that calculation, as the collapse of healthcare takeover and Acorn demonstrate. A ruling by Judge Carter affirming discovery that Obama is not NBC, even if he dismisses the case after discovery, would inform the public to the point of demanding action, even if the federal judiciary can’t take that action, don’t you agree?

[Ed. If the Judge orders discovery, it will be a PR victory. If that's your question, you have your answer. Will there ever be any meaningful discovery? Only if that discovery favors Obama.]