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Rundown of Taitz hearing: Keyes v Obama
September 10, 2009 by mattie14

September 9, 2009

Updated birth certificate posts #2

Hey Claire1978-

I’ve spent a couple of hours trying to track down the court documents but you need to have an account to access the court records. I don’t like to go to the Taitz site because of the bot attacks but I had to give it a try. This is what I could find out from various websites.

I read so many it’s hard to know what really happened because the accounts vary according to what side they’re on – so cum grano salis.

Somewhere between 100-300 supporters were in attendance. They greeted Orly Taitz with applause before she entered the courtroom.

Steve from aipnews.com

Demographics: 18 to 80 majority over 60. 70/30 male/female

7/46 Taitz plaintiffs present

Turnout too large to accommodate the original courtroom so there was a 2-hour recess to move to a larger courtroom. Evidently there was another courtroom that got a remote video feed.

Judge Carter was not intimidated by the DOJ attorneys. I’ll have to find out more about him. I’ve read that he was a Marine so I can imagine why he would find it important that barry be a legal Commander in Chief.

No media presence. An NBC truck did a driveby and a FOX person (Glenn Beck’s?) was present in the court as well as documentary film makers – don’t know for who.

William Wagener did the post-hearing interviews right on the street with folks milling about – some with the “Where’s the Birth Certificate” signs.

Orly Taitz, Rep Cynthia Davis (R-MO), plaintiff Clinton Grims and Lucas Smith. I only saw Taitz and Davis and couldn’t find the subsequent video(s).

Reportedly Grims read a statement re: barry’s unreleased records and Lucas Smith had a copy of the birth certificate and Wagener read it to the crowd.

As far as the rulings (again, I have no court papers to go on)

1-Magistrate Judge Arthur Nakazato’s ruling on the Kenyan birth certificate showed no basis for bias. He had denied Taitz’s request that Secretary of State Hillary Clinton verify the first Kenyan birth certificate while she was in Kenya. The Kenyan BC was thrown out but it was misfiled to begin with.

2-Defendants properly served (major problem with the Occidental College subpoena)

Background: Alan Keyes was the presidential candidate for the American Independent Party, Wiley Drake was the VP candidate and Robinson the party chairman. Gary Kreep of the United States Justice Foundation was their lawyer along with Orly Taitz in their initial suit Keyes v Bowen – the California Secretary of State.

It is the case the Occidental College subpoena rose out of that was quashed by non-DOJ lawyers – one of whom was Robert Bauer. It’s the case that Antonin Scalia had no memory of when Taitz ran into him at the book signing. The case that got dropped by Danny Bickell from the SCOTUS website.

The case that Taitz confronted Chief Justice Roberts on at the University of Idaho. The case that was scheduled for consideration by SCOTUS when barry and Biden (defendants) met behind closed doors (no record of proceedings) with the Supremes – Judge Alito intentionally not present – Judge Ginsburg present despite pancreatic cancer.

3-Couldn’t drop Wiley Drake or Markham Robinson as plaintiffs in the case. They think Orly isn’t up to the task aka “in over her head”.

It’s true that while Taitz is making a lot of appearances, recruiting people, and notifying the public what the case is about – she routinely misfiles and the papers she does file are not neutral in tone, not logically focused and have typos galore – including her own name and Alan Keyes’.

4-Instead, Orly Taitz has to work with Lawyer Gary Kreep, who is representing the Drake/Robinson. Don’t know what the relationship is like between them and Keyes. Taitz has 46 plaintiffs comprised of regular citizen, election officials, military (active and retired) and state Representatives.

5-If they filed separately, the defense would then be able to stall and the cases would most likely be joined anyway. Insurmountable conflict is their underlying definition of natural born citizen.

Taitz: both parents have to be US citizens. Kreep: just need to be born on US soil. They can go forward with different theories but obviously that is going to hurt their case.

Also, in Keyes v Bowen they had a conflict over Kreep’s alleged delay tactics.

According to the MARTIN WISCKOL at the OC Register, Judge Carter was not happy about their conflict:

JUDGE CARTER:

Why can’t the two of you work out the disagreements you have?

Do each of you want the spotlight? … You are about to cause a tremendous delay because of your bickering.

He ordered a 15-minute recess for them to work things out.

Not.

KREEP whined:

Ms. Taitz said there is no way she will work with me.

Too bad.

JUDGE CARTER:

This is a personal dispute. You two are going the have to work it out. The country is ill-served by excessive delay.

6-As usual, barry’s lawyers waited till the last minute – last Friday (although they knew about the hearing for weeks) to file a motion to dismiss – mainly in reference to standing and whether it’s a matter for the courts vs Congress and/or the Electoral College. And they actually said the case didn’t matter because Alan Keyes and Gail Lightfoot (Ron Paul VP) didn’t have a chance of winning. They’re learning fast from the Arrogance in Chief.

7-Judge Carter of course did not have a chance to read it but said it was not likely to succeed.

From birthers.org

After reviewing the latest motion to dismiss against Dr. Taitz we have looked at it and found that the arguments the Department of Justice are not supported by the case law they cite and that the premise of their objections is clearly seen that the Attorney General is advocating a suspension of our Constitutional Republic with no recourse to the courts.

8-Judge Carter initially said he would be able to rule by Friday – 9/11- but Kreep objected because he had just joined the case. (As if he doesn’t know what it is concerning)

9-The hearing was then moved to October 5 – to rule on the motion to dismiss and the matter of discovery. (see schedule below)

10-Judge Carter wants the matter to be settled, especially for the troops in wartime. The fact that several of the plaintiffs are active duty as well as high ranking retired ones was clearly not lost on him. I know there is at least one Marine.

He said if there are legitimate constitutional questions regarding Obama’s eligibility, then they need to be addressed and resolved and time is of the essence.

JUDGE CARTER:

If President Obama fits the qualifications under the rules of the court, the longer the delay the more credibility it lends to the complaint. If President Obama does not meet the court’s requirements, the delay also causes a problem.

10-Judge wants the defendants narrowed to simply barry, excluding Biden, Gates, Hillary Clinton and Michelle Obama. A point made in the motion to dismiss.

There is a special evil to Mrs barry if her husband is not qualified - since she holds herself to be a paragon of modern motherhood and yet made the decision to ruin her daughter’s lives. The others can claim they had no idea and I really don’t know why they were included in the first place.

11-Lucas Smith made a not so surprise appearance. Taitz wanted him to testify or be deposed as to the authenticity of the (eBay) Kenyan birth certificate – citing the possibility of lethal harm. The judge was not buying it – neither was Tait’s new co-counsel.

JUDGE CARTER

I don’t intend to hear witnesses on the fly. I don’t intend to hear witnesses without of (advance) notification of the other party.

And her new co-counsel had to chime in. He doesn’t seem to realize by putting her down – especially in court – it hurts his case. Why is it all the lawyers involved in these cases are a tad off?

GARY KREEP:

You can’t just bring people to court and then expect them to be allowed to testify,” he said. “I think Dr. Taitz means well. … We need to proceed professionally.

11-Hearing set for October 5 could end the case if the judge decides that it’s not a case for the courts – like has been the case this far. No one has standing – even military. In the first case – Phil Berg’s – Judge Surrick said it was up to Congress.

I’m sure that’s why barry’s name was added to that resolution because they can say Congress has already spoke even though it is not legally binding.

I truly do not believe this case will get past October 5 to reach the discovery phase. I don’t know how Judge Carter can – as much as he might like – get around the standing issue.

Eric Holder and the DOJ could proceed with Quo Warranto but that’s not likely to happen since he just got appointed to the job.

I’m not sure why DOJ lawyers are defending barry instead of WH counsel. The DOJ is supposed to be working for The American People. I think it’s pretty clear they aren’t going to defend barry and then turn around and throw him out of office.

If it were still America, an independent counsel would be named to deal with the matter ala Ken Starr.

12-If pigs begin to fly then there will be a pre-trial hearing on January 11, with the trial to follow on Jan 26. Only then will the merits of the case be heard and only then will the phrase “thrown out” have meaning.

From SAVVY at aipnews:

* Opposition to govt’s motion due Sept. 21, 2009
* Response by gov’t on Sept. 28, 2009
* Govt’s motion to dismiss will be heard on Oct. 5, 2009
o If it fails (which that type of motion does 96 – 99% of the time) they’ll have a scheduling conference that same day)
* Motions must be filed by November 16, 2009
* Hear motions on December 7, 2009
* Pre-Trial … January 11, 2010
* Trial … January 26, 2010

I wonder what kind of security the judge has?

Wish I was joking.

http://citizensagainstproobamamediabias.wordpress.com/