I’m a little confused and am trying to figure out what really happened vs. various parties’ interpretation of what happened. It would help to have an actual transcript of the proceedings v. blogs interpreting and reinterpreting what Dr. Taitz and others claim. Maybe her site will post that transcript when it’s available.
As I read the WND article, the hearing today was on Dr. Taitz’s default motion and on her motion to reconsider the judge’s previous order stating (or suggesting) that the service on the defendant (Obama) was inadequate.
No answer was filed, which would give grounds for a default if service had been properly made.
At today’s hearing, Obama’s private attorneys did not attend but US Attorneys did, and the judge required them to accept service, so that would appear to overcome any service defect referred to in his order being reconsidered.
I thought earlier there was a question in this case of whether Obama was to be defended in this suit by his personal v. govt attorneys. My memory is that Dr. Taitz claimed this suit was filed before Obama was sworn in, and thus he should not be represented by the government attorneys at government/taxpayer expense. (it would have been impossible to file this suit on Jan 20 before he was inaugurated, but that’s another issue). When Clinton was sued by Paula Jones while he was in the White House he was represented by a private attorney (Bob Bennett).
Now, thru the US Attorneys, Obama has been served in this case. (regardless of who will represent and pay for that representation) He has X days to file an Answer.
The filing of that Answer would knock out the grounds for the default Dr. Taitz seeks.
After the Answer is filed, there will likely be a round or two of briefing; the judge can then review the basic merits of the case, and if he believes there are grounds to proceed, set up a scheduling order that would include discovery.
I guess my question is in the over-optimism of reports here, that the case will proceed on its merits. I don’t think that that has been established, only that there is a judge who is paying attention, who said he’d give it his full consideration, and who will not allow a dismissal on purely technical grounds.
And that's all we need for exuberant celebration! God bless Dr. Orly Taitz and Judge Carter!
i *think* that her motion to default is being heard if i understand that right.
if her motion is granted (based upon procedure) then she can get it into trial and it will be heard.
So i don’t think that they can knock out the pins from under her with the “no standing” issue now. That would have had to have been filed - she may have bypassed that now with this default of no answer.
If he was found to have been properly served in the first place, they blew their chance for no standing
that is my understanding of this, which I may be entirely wrong, but more information from her blog should be forthcoming.
I just hope that the truth comes out, his records are shown.
It will be ugly in the states if he is removed on the streets i am sure, but for the sake of our nation, the constitution and a true republic if we have to face that burden then so be it.