“Who has the burden of establishing that the president of the United States is not eligible to serve in his office?” Land asked Taitz. The judge pointed out that burden fell on Rhodes because she sought the restraining order to stop her deployment.
Based on the affidavit you posted, which raises some reasonable doubt about Obama being a natural born citizen, the burden should shift to Obama to prove he is a natural born citizen
I think the judge and the government lawyer, are attempting to place the entire burden on the plaintiff when it should rest very heavily on Obama since he is the one who claimed in his filings to be constitutionally qualified.
Since this complaint, while in the form of a civil action, is actually an issue of quo warranto. As such, the burden is on the person claiming the rigght to the office.
Post #115 answers your question as it does that of the judge.
That is a critical point.
first cause of action declaratory relief
...pray for court to declare whether under Article II Section 1 and Amendment 20 Section 3 of the U.S. Constitution, defendant Barack H. Obama is a natural born citizen...(my english would have stated whether or not, or if, not just whether)
second injunction (of inaugaration)
third common law writ of mandamus
to produce or compell production of documents or to FBI Sec of State (Rice) and OPM.
In the file after the complaint, Orly is noticed that the Magistrate will handle all discovery motions, which makes me wonder about her previous motion asking why he was involved. sloppy.
on 9/13 court file indicates
Discovery will not begin until Oct 5, Orly expects to file a second amended complaint adressing MTD jurisdictional and pleading concernsby then. Orly wants Kreep out for conflict of interest with current plaintiffs and past case.Requests he resign or she will file a motion.
Orly attempting to set up depositions dates with US Attorney for defendants. Orly has two “law clerks” Lincoln and Freiman, working with her apparently at deposition of Lucas smith by USA. Orly will be on phone conference.
............
After the last hearing I think her attempt to get Kreep out or she will file another motion is ill advised and contrary to judge Carter’s indications...
I am concerned...between today not shutting up and going on about the BC in Georgia,and this, it appears she does not listen well to the person(s) who will decide her cases. I applaud her efforts, but experience may be lacking. The last person you want to antogonize is the judge, true you must press your case but choose your battles to win.