Posted on 07/14/2009 6:16:26 AM PDT by real_patriotic_american
Urban Dictionary defines a 'birther' as "A person who believes that Barack Obama has controversy and/or fraud surrounding his birth "
At last count, at least 17 lawsuits had been filed in 17 different states questioning Barack Obama's status as an American citizen and his right to prop his feet up on the desk in the Oval Office.
One of those lawsuits will now get the chance to see the light of day.
Dr. Orly Taitz, attorney for Alan Keyes in Keyes vs. Obama, announced late this evening that a judge has ruled in favor of Mr Keyes' request for a trial to discover whether or not Obama is an American citizen and, as such, entitled to be President of the United States of America.
Two weeks ago, World Net Daily posted a story outlining the difficulties Taitz encountered in attempting to serve the President with a subpoena. Taitz has filed multiple legal actions around the country alleging Obama does not meet the constitutional requirements to occupy the Oval Office.
Monday's hearing was on a request by Taitz for a default judgment, since she notified the president of the action weeks ago, and his lawyers failed to respond.
U.S. District Judge David O. Carter ruled in favor of Taitz and granted the "motion for reconsideration of order to show cause or in the alternative to certify question for appeal.". A trial date will be set and Taitz "will immediately request access to Obama's birth records and other documentation that could determine his eligibility to occupy the Oval Office."
Bottom line? Whether one is a 'birther' or a 'believer,' this case will definitely be worth watching!
Actually, that isn't true. He was served February 10. The case was back dated.
Actual thread when service happened: White House Refused to be Served Pleadings
05/18/2009: PROOF OF SERVICE Executed by plaintiffs upon Barack H Obama served on 2/10/2009, answer due 3/2/2009. The Summons and Complaint were served by substituted service, by not indicated statute, upon mail clerk at Department of Justice. Due Dilligence declaration none. Original Summons not returned. (twdb) (Entered: 05/19/2009)
The actual document: Obama v. Keyes It is dated at the bottom of this document as January 19.
Open it and look for yourself. Then check the document properties. It shows January 26th as the initial creation.
Yes, February 10. That means he wasn’t served back in January.
I think what that package of documents says is that he wasn't in fact served until February. Point of the argument was to get him served before he because President because if you don't get him served until after he is President, the rules about what you can force him to do in response are different.
Service of Process is a legal act--you have a statute which says "here is how you serve process on this person"--question is when you did the acts that comply. Lawyers and process servers then file the piece of paper--but that is why you have arguments including this one--argument is that the legal act that was done wasn't sufficient.
In this case, that is what the judge held. Reason why is best set out in the early WND article--the lawyer didn't get the process server to do it in a manner which complied with the statute.
Bump
It was very nice of the judge to allow proper service yesterday. He didn’t have to do that.
It’s posted here on FR.
You wrote- “I want to see the LA Times story when its published.”
Got it !
John, experts are challenging Obama’s COLB as a forgery.
Yes and their not admitting it! (lol)
You wrote- “So is the left freaking out yet this morning over te news? :>”
Right on!
You wrote- “A trial date will be set and Taitz “will immediately request access to Obama’s birth records and other documentation that could determine his eligibility to occupy the Oval Office.””
I agree!
You wrote- “........ we have a right to know why he is too afraid to show the certificate in court.”
Thank you ... no wonder the Judge is somewhat ticked at both sides!
You do the coolest visuals! How do you do it, m’Lady?
Very, very true!
You wrote- “Orly knows first hand what an Obama republic would be like.”
Having a great summer. Thanks for asking. How about you?
They were first snickering at Orly Taitz, but now they are “eating crow.” Judge Carter said-
“1. There will be a trial.
2. It will be heard on the merits.
3. Nothing will be dismissed on proceedural issues.
4. The trial will be expeditious, and the judge pledged to give case priority.
5. Being a former Marine he realizes the importance of having a Constitutionally qualified Potus/cinc.
6. Judge stated that if Obama isnt Constitutionally qualifed he needs to leave the White House.”
Judge David O. Carter is the Judge that we were looking for.
Yes and No.
As I now read the report, what he did was permit service on the US Attorney for the President of the US. Appears to transform the case into a suit against the President of the US to remove him from office.
Plaintiff needs to have standing; to state a case for relief.
Citizen Keyes has some trouble with those issues.
Even if you think this judge might let him skate by, an appellate court won't.
Way you might win that is when the judge lets you get discovery and then gets you to trial and you prove that he was born in Kenya--the appeal on the grounds that the case was improperly laid doesn't exactly reverse the result.
Puts a real premium on Obama's counsel not to ever let the case get to trial.
They move to dismiss on the grounds of failure to state a claim on which relief can be granted and lack of standing in the plaintiff; even if they lose, they can probably get an interlocutory appeal.
At present, I am inclined to view this as another loss--but hopeful; maybe it can be turned around.
Not correct. You missed a few of my posts.
*****
Just wondering: Does anyone know who the LEGAL OWNERS of the fight the smears site were? Was it the Democratic Party? Thanks.
I think the owner is Obama
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