Yes, but this alleged conflict-- hiring a law clerk from Perkin Coie-- is known to Orly now. If she doesn't move to recuse Judge Carter now, she can't wait for his decision on the motion to dismiss and then move to recuse him.
If you believe Judge Carter to be an honorable man, a patriotic Marine, who swore an oath to defend the Consititution and a solid member of the federal judiciary, who has faced death threats when he undertook a case against the highly LETHAL Mexican Mafia, then you will also believe that he would not allow the Founding Document to be shredded by anyone for any reason.
On that basis alone, public reaction that he hired an “enemy camp” person for his team and thus created a conflict of interests - or lack of impartiality toward Alan Keyes and Orly Taitz or Gary Kreep and their clients, does not ring true.
Even with the obvious consideration that he has been pressured into finding a way out for himself and chose this “conflict” one to recuse himself at a later date.
Or, as many fear, be so influenced by a junior, “opposing camp” lawyer that he dismisses the case.
Here is a more honorable analysis for his action:
1. He wants to ensure that his decision is NOT tainted by any accusation of bias against Obama on appeal by either side. Specially the Obama lawyers.
2. With the enormous import of this decision to try the case on its merits, he needs to :
a) Get his legal facts straight as far beyond challenge as anything can be.
b) Get an experienced political law thinker to do the research that the Obama side would use. (The new law clerk would function as this “knowledgeable” person).
c) Use the research to balance or offset his own forming conclusions.
d) Find contradictions or conflicts, if any, to the research he is provided by the new Law Clerk by tasking other sources to examine and confront them.
d) Provide himself with a bullet proof logic for whatever decision he reaches about dismissing or not dismissing.
e) With that solid footing to do what needs to be done for the country according to the Constitution. Not politics.
f) Without fear of consequences such as Obama supporters rioting.
g) Without fearing the temporary political chaos of defending the Constitution, requiring straightening out of laws and orders, appointments etc.
h) Nor concern that many, like Pelosi or Reid might be felons alongside Obama if the jury decides he is ineligible and perpetrated fraud on the nation with their assistance of negligence.
NOTE: He is NOT obliged to simultaneously pursue Quo Waranto (removal of Obama) in the primary case which would serve ONLY to establish eligibility. The next step, which might have to be filed in Washington D.C., could be step two and dealt with as appropriate.
3. The final chapter would be to try to legally PREVENT Obama pardoning himself nor Joe Biden, or Pelosi or anyone in the chain of succession doing so if acting as President. The reasonin/logic would be that they were co-conspirators (willing or unwillinig) of Obama’s and illegible to do so.
Would you not prefer Judge Carter took his time, used his expertise as a complex case judge, used the political research experience of his new Law Clerk as a foil to the opposing side and arrived at a decision he can defend as just, even handed and viable instead of hurrying and dumping the case off the cliff?
excerpt from:
http://noiri.blogspot.com/2009/10/will-judge-david-carter-ignore.html