Posted on 09/08/2009 1:24:37 PM PDT by pissant
Reports from Gary are starting...He is about 25th in line out of approximately 300 people waiting to get into the courtroom. Almost all spectators are anti-Obama.
Orly Taitz arrived just a few moments ago and the throng applauded.
Lucas Smith is also present. Smith has claimed the Obama birth certificate he has shown on the Internet as real. That remains to be seen. However it is interesting he has joined the proceedings.
Steve
8.39 am pst 9/8/09
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When court is in session cell phones and camera's will be banned so we will experience a news blackout.
This hearing may last from 30 minutes to a couple of hours. Taitz apparently wishes to include Lucas Smith so that an investigation of his proffered document can be be forensically examined and by which means he came by it.
Justice Carter is expected to throw out the last minute attempt Motion to Dismiss submitted by Obama's counsel late in the afternoon this past Friday. Taitz is also hoping for court approval to depose Sec State Clinton and Sec Defense Gates. Justice Carter may also rule for discovery. This is what we are hoping for, because once discovery is ordered the case is over. Obama would then have to unseal his records and produce.
Steve
9.11 am pst 9/8/09
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Gary also mentioned there was no visible media turnout for this hearing as in no SatCam Uplink Trucks. The LA Fox Channel was expected to report on this hearing. Perhaps they are awaiting a "courthouse steps" exit interview from the pertinent parties.
Back to you Gary.....
Steve
9.26 am pst 9/8/09
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Justice Carter noting the packed courtroom and overflow crowd waiting in the hallways has ordered a change to a larger courtroom and has taken a 2 hour recess to accommodate the transfer of officers of the court and spectators.
Steve
10.02 am pst 9/8/09
In the meantime read some articles watch our "Burning Down The House" video (rate it I'm curious:)
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As far as crowd demographics the estimated age range is 18 to 80
70% Men 30% Women
age 60+ seems to be the majority. About the same mix as an August Town Hall crowd.
Orly Taitz appeared relaxed-- calm cool and collected.
More as I receive it.............
Steve
10.30 pst 9/8/09 +++++++++++++++++++++++++++++++++++++++
Sat on my porch in the sun doing Sudoku
Love doing them. In fact I print the one out of the Houston Chronicle most days except when it is a 1 or 2 Star. Those I just work online.
"SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."
In practical terms, what congress has authorized here is indistinguishable from a declaration of war. They simply didn't use that exact phrase.
...wearing (a smaller version of) his Purple Heart on his lapel.
WOW thats right...
Alan Keyes has two lots of standing in this...
The US Senate race would be the stronger one though...
I didn’t notice that...
They all need very good security.
~~~
And our prayers for protection.
I think they’re pretty safe from physical threats, this is too visible now.
placemark.
And a placemarker for me too.
X
Marking my spot.
The first Executive Order, The DAY after the immaculation, January 21, 2009.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Presidential Documents
Federal Register
Vol. 74, No. 15
Monday, January 26, 2009
Title 3—
The President
Executive Order 13489 of January 21, 2009
Presidential Records
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ‘‘Archivist’’ refers to the Archivist of the United States or his designee.
(b) ‘‘NARA’’ refers to the National Archives and Records Administration.
(c) ‘‘Presidential Records Act’’ refers to the Presidential Records Act, 44 U.S.C. 2201–2207.
(d) ‘‘NARA regulations’’ refers to the NARA regulations implementing the Presidential Records Act, 36 C.F.R. Part 1270.
(e) ‘‘Presidential records’’ refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.
(f) ‘‘Former President’’ refers to the former President during whose term or terms of office particular presidential records were created.
(g)A ‘‘substantial question of executive privilege’’ exists if NARA’s disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch.
(h) A ‘‘final court order’’ is a court order from which no appeal may be taken.
Sec. 2. Notice of Intent to Disclose Presidential Records.
(a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist.
Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
(b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice.
If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.
Sec. 3. Claim of Executive Privilege by Incumbent President.
(a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate the records covered by the
notice and consult with each other, the Archivist, and such
other executive agencies as they deem appropriate concerning whether invocation of executive privilege is justified.
(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive
privilege is not justified. The Archivist shall be notified
promptly of any such determination.
(c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.
(d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.
Sec. 4. Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning the Archivist’s determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege.
Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist’s determination with respect to the former President’s claim of privilege.
(b) In making the determination referred to in subsection a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order.
The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney
General for the Office of Legal Counsel).
The copy of the notice for the former President shall be delivered to the former President or his designated representative.
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked.
THE WHITE HOUSE,
January 21, 2009.
http://edocket.access.gpo.gov/2009/pdf/e9-1712.pdf
~~~~~~~~~~~~~~~~~~~~~~
Executive Order 13233, that Obama revoked:
Excerpt:
EXECUTIVE ORDER 13233
FURTHER IMPLEMENTATION OF THE PRESIDENTIAL RECORDS ACT
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures implementing section 2204 of title 44 of the United States Code with respect to constitutionally based privileges, including those that apply to Presidential records reflecting military, diplomatic, or national security secrets, Presidential communications, legal advice, legal work, or the deliberative processes of the President and the President’s advisors, and to do so in a manner consistent with the Supreme Court’s decisions in Nixon v. Administrator of General Services, 433 U.S. 425 (1977), and other cases, it is hereby ordered as follows:
Section 1. Definitions.
For purposes of this order:
(a) “Archivist” refers to the Archivist of the United States or his designee.
(b) “Presidential records” refers to those documentary materials maintained by the National Archives and Records Administration pursuant to the Presidential Records Act, 44 U.S.C. 2201-2207.
(c) “Former President” refers to the former President during whose term or terms of office particular Presidential records were created.
Sec. 2. Constitutional and Legal Background.
(a) For a period not to exceed 12 years after the conclusion of a Presidency, the Archivist administers records in accordance with the limitations on access imposed by section 2204 of title 44.
After expiration of that period, section 2204(c) of title 44 directs that the Archivist administer Presidential records in accordance with section 552 of title 5, the Freedom of Information Act, including by withholding, as appropriate, records subject to exemptions
(b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8), and (b)(9) of section 552. Section 2204(c)(1) of title 44 provides that exemption (b)(5) of section 552 is not available to the Archivist as a basis for withholding records, but section 2204(c)(2) recognizes that the former President or the incumbent President may assert any constitutionally based privileges, including those ordinarily encompassed within exemption (b)(5) of section 552.
The President’s constitutionally based privileges subsume privileges for records that reflect: military, diplomatic, or national security secrets (the state secrets privilege); communications of the President or his advisors (the presidential communications privilege); legal advice or legal work (the attorney-client or attorney work product privileges); and the deliberative processes of the President or his advisors (the deliberative process privilege).
http://www.fas.org/sgp/news/2001/11/eo-pra.html
~~~~~~~~~~~~~~~~~
Wonder if PRE-presidential records are in any
way affected by this EO.
thanks for posting.
Is this a transcript of what was ordered by the judge today?
Please excuse me, I didn’t go to law school and I don’t play a lawyer on FR. LOL
I hear ya...neither did I (in both cases - no pun intended).
That court ORDER, is what the judge issued today.
A court order (or court ruling) is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdiction may require it to be notarized.http://en.wikipedia.org/wiki/Court_orderThe content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural[1] and evidentiary[2] rules that govern the proceedings.
An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute (i.e., different states or countries). It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings.
The video was taken in Kenya....No way was that faked.
First local MSM report here:
(snip)
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,” he said. “If President Obama does not meet the court’s requirements, the delay also causes a problem.”
hmmmmm.....
Sounds like Hussein is gonna have to come up with an ORIGINAL Long Form Birth Certificate.
“If President Obama fits the qualifications under the rules of the court, the longer the delay the more credibility it lends to the complaint,” he said. “If President Obama does not meet the court’s requirements, the delay also causes a problem.”
Just had a discussion with HHH regarding this....Lawyers (Orly and Kreep) will see the BC from HI before rather than later.
Tis my bet,
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