Why couldn't Judge Carter permit the issuance of a Letter of Rogatory??? Was he afraid that it would have been judged "authentic" and he then might actually have to do his job???
Why issue a letter of rogatory when there was no case to mover forward on and no reason for discovery?
Judge Carter ruled that even if Lucas Smith's CPGH BC were to be fully authenticated by Kenyan authorities and placed into evidence in his court under the FRE, he would be confronted with a comparison between an authenticated Kenyan BC and what Judge Carter presumed would be an authenticated HI COLB and he ruled that he, as a US federal judge, would be compelled to rule in favor of the HI COLB.
Note that under the FRE, an HI short form COLB with seal and signature, which the Factcheck Obama COLB purports to be, would be "self-authenticating" meaning that if it is not contested, it may be presumed to be authentic, and that is the basis for Judge Carter's ruling.
I am hoping that Kreep might get Judge Carter overturned on this presumption that Obama's short form COLB is genuine and would survive any challenge, because the COLB has never been placed into evidence and challenged.
Judge Carter's dismissal of Kreep and Taitz's case would be improper unless he can demonstrate that even if all of the claims of the plaintiffs are true, they still cannot prevail. Carter's presumption that an authenticated Kenyan BC could only be compared to an authenticated HI COLB is false, in my view.
In a trial in the merits, an authenticated Kenyan BC might end up being compared to a challenged HI COLB, or on "best evidence rule" discovery, compared to challengeable long form amended vital records that are the source of the HI COLB.
That is what a "trier of fact" in a trial (either judge or jury)is supposed to determine on the merits if there are facts which could swing the case to the plaintiff that can only be clarified in a trial. A judge is not supposed to preclude a trial on evidence if the plaintiff's have a chance to prevail.
Judge Carter's dismissal took away from the plaintiff's the opportunity to challenge the HI COLB with facts introduced into evidence, with or without an authenticated Kenyan CPGH BC. Judge Carter incorrectly presumed that such a challenge could never succeed.
. On this point, Judge Carter could be overturned. But lack of available remedy might mean the cases would still be dismissed due to failure by Taitz to serve the defense before the inauguration after which only Congress could remove the President, unless there is a quo wararnto action in DC.
Carter couldn’t find his way out of the case until the oabamnoid lawyers sent one of their servants to work for Carter. He was so relieved don’tchaknow.