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Any news about the eligibility suit in California?
09-08-2009 | neverbluffer

Posted on 09/08/2009 12:21:47 PM PDT by neverbluffer

I cant find any news at all?

Does anybody know how things are progressing?


TOPICS: Business/Economy; Chit/Chat; Military/Veterans; Miscellaneous
KEYWORDS: birth; carter; obama; taitz
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To: Perdogg

The court said in Jones V Bush that only candidates would have standing, and it is a good reason. I don’t want the courts overturning elections.

The courts won’t be overturning an election, they will only decide eligibility which Congress failed to do. Just because someone snuck by Congress doesn’t mean they don’t have to answer elswhere. Checks and balances (on a corrupt government) are in place for a reason.


21 posted on 09/08/2009 12:46:43 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: rolling_stone

“Well if voters dont have standing to contest eligibility, the government doesn’t have standing to make us pay taxes. No taxation without (real & honest) representation.”

I agree!!!!


22 posted on 09/08/2009 12:47:57 PM PDT by GatĂșn(CraigIsaMangoTreeLawyer)
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To: Cats Pajamas

I’m not sure. Probably about 1:30 I think is what the person on that blog I was on said. Pacific time that is. The judge had alot on his plate today. I might check by later for more info if I can find it!


23 posted on 09/08/2009 12:52:11 PM PDT by Donna in Decatur (DONNA IN DECATUR)
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To: rolling_stone

P.S.

We have learned that the communist (they call themselves “Democrats, liberals, or progressives”) don’t pay taxes. Hence, the government has depended on us conservative fools to keep the crooked government afloat over the years on 15 April. Let them float this crooked government for a change.


24 posted on 09/08/2009 1:03:23 PM PDT by GatĂșn(CraigIsaMangoTreeLawyer)
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To: afnamvet

Saw a hit piece against even with no facts yet!


25 posted on 09/08/2009 1:07:43 PM PDT by Freddd (Government run health care=paying more and being denied what we already have.)
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To: Perdogg

In their Motion to dismiss, DOJ appears to have lied about Keyes standing, first denying it, then saying that even if he had standing, he wasn’t injured by Obama because he never would have gotten 270 electoral votes!

TABLE OF CONTENTS
III. ARGUMENT
1. This Court Lacks Subject Matter Jurisdiction Of
This Action
A. Plaintiffs Lack Standing Herein
1. No Plaintiff Can Show The Required
Concrete, Traceable Injury-in-Fact
To Provide Standing Herein

With respect to Alan Keyes, and Gail Lightfoot, it is alleged that they “appeared on the California ballot as candidates for President or Vice President in the 2008 National Presidential elections . . .”

None of the Plaintiffs alleged to have “unique political
standing” has suffered anything remotely resembling the required “injury-in-fact,” traceable to Defendants’ conduct, to vest them with standing in this case.

Plaintiffs do not make clear the precise nature of their “unique political” injury, but to the extent that they are alleging that President Obama’s actions interfered with their prospects for successful election, such an injury is not a result of the actions of the Defendants. The FAC
does not allege, nor could it allege, that any of these Plaintiffs were even on the ballot in enough states in the year 2008 to gain the requisite 270 electoral votes to win the Presidential election. Accordingly, the “unique[ly] political” Plaintiffs cannot establish standing on this basis.

My Seizethecarp analysis:

I am not an attorney, but I had to research legal ethics to file a complaint with the TX bar against my ex-wife’s attorney (went nowhere, of course).

The above argument by the DOJ in claiming that Keyes in particular lacks standing strikes me as being beyond “zealous advocacy” and crossing over into “intentionally misleading the tribunal”, which can be sanctioned by the judge and the bar.

DOJ seems to me to be flat out lying when they say “…to the extent that they are alleging that President Obama’s actions interfered with their prospects for successful election, such an injury is not a result of the actions of the Defendants.”

If plaintiffs can show that Obama knew or should have known that he was not an NBC at birth as a result of his stipulated dual citizenship at birth, or that he was born in Kenya, or that he dropped his US citizenship to obtain either a Kenyan or Indonesian passport and failed to re-nationalize, Keyes, at the very least would be injured by Obamas actions of knowingly being on the ballot while being ineligible to be president.

Most damning is when DOJ says “The FAC does not allege, nor could it allege, that any of these Plaintiffs were even on the ballot in enough states in the year 2008 to gain the requisite 270 electoral votes to win the Presidential election.” This seems to be an outright admission of Keyes’ standing, but it is couched in an attempt to claim that somehow Keyes’ standing doesn’t exist because Keyes wasn’t on the ballot in enough states!


26 posted on 09/08/2009 1:14:05 PM PDT by Seizethecarp
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To: Freddd

We will see more hit pieces as this case continues.


27 posted on 09/08/2009 1:15:48 PM PDT by afnamvet
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To: Seizethecarp

My theory on standing is that we have the right to have an honest election. Abridgement of that right by fraud injures every (at least 49%)voter because the right was denied. This we would all have standing.


28 posted on 09/08/2009 1:17:28 PM PDT by nufsed (Release the birth certificate, passport, and school records.)
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To: Seizethecarp
In a fair universe, the burder of proof would have shifted back to the "Magic Kenyan".

No comparison. Obama is not an American.


Click for more info


Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report
"The Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii
In the State of Hawaii, back in 1961, there were four different ways to get an “original birth certificate” on record.
BC1. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).

BC2. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then all that was required was that one of the parents send in a birth certificate to be filed. The birth certificate could be filed by mail. There appears to have been no requirement for the parent to actually physically appear before “the local registrar of the district.”
It would have been very easy for a relative to forge an absent parent’s signature to a form and mail it in.
In addition, if a claim was made that “neither parent of the newborn child whose birth is unattended as above provided is able to prepare a birth certificate, the local registrar shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.” (Section 57-8&9)
.... there is and was no requirement for a physician or midwife to witness, state or report that the baby was born in Hawaii.

BC3. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then, up to the first birthday of the child, a “Delayed Certificate” could be filed, which required that “a summary statement of the evidence submitted in support of the acceptance for delayed filing or the alteration [of a file] shall be endorsed on the certificates”, which “evidence shall be kept in a special permanent file.”
The statute provided that “the probative value of a ‘delayed’ or ‘altered’ certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.” (See Section 57- 9, 18, 19 & 20 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).”

BC4. If a child is born in Hawaii, for whom no physician or mid wife filed a certificate of live birth, and for whom no Delayed Certificate was filed before the first birthday, then a Certificate of Hawaiian Birth could be issued upon testimony of an adult (including the subject person [i.e. the birth child as an adult]) if the Office of the Lieutenant Governor was satisfied that a person was born in Hawaii, provided that the person had attained the age of one year.
(See Section 57-40 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961.)
In 1955 the “secretary of the Territory” was in charge of this procedure. In 1960 it was transferred to the Office of the Lieutenant Governor (“the lieutenant governor, or his secretary, or such other person as he may designate or appoint from his office” §338-41 [in 1961]).

In 1982, the vital records law was amended to create a fifth kind of “original birth certificate”. Under Act 182 H.B. NO. 3016-82, “Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that the proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.”
In this way “state policies and procedures” accommodate even “children born out of State” (this is the actual language of Act 182) with an “original birth certificate on record.”

29 posted on 09/08/2009 1:21:06 PM PDT by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: nufsed

I have a more theoretical kind of question about standing. Suppose, after all the various suits have been brought and dismissed based on lack of standing, it has been shown that no one has standing except members of the current administration. Wouldn’t you think, as a matter of principle, that any member of the voting public (Ie: a registered, citizen voter) would have to be allowed standing to avoid the preposterous outcome where there is obviously a serious challenge to the capacity of the president to serve, but no one to bring it?


30 posted on 09/08/2009 1:21:16 PM PDT by JewishRighter
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To: Seizethecarp
Welcome to FReerepublic. An intriguing screen name.
31 posted on 09/08/2009 1:23:08 PM PDT by afnamvet
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To: JewishRighter

Too logical. Of course, I agree. Some judge somewhere will hear on the facts, as the judge in Santa Ana has threatened. Maybe the military officers who receive orders from the CIC will be found to have standing, if they’re not all court martialed first.


32 posted on 09/08/2009 1:23:52 PM PDT by nufsed (Release the birth certificate, passport, and school records.)
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To: Diogenesis
Your are aware, are you not, that World Net Daily has posted what they state is an actual Kenyan Birth Certificate from the time around Obama's birth. And that, not surprisingly, it bears absolutely no resemblance to Smith's document that you posted? And that WND is pronouncing Smith to be a fraud?

Link

33 posted on 09/08/2009 1:26:33 PM PDT by Non-Sequitur
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To: Non-Sequitur
Your are aware, are you not, that World Net Daily has posted what they state is an actual Kenyan Birth Certificate from the time around Obama's birth. And that, not surprisingly, it bears absolutely no resemblance to Smith's document that you posted? And that WND is pronouncing Smith to be a fraud?

I see you are not aware of the difference between a hospital birth certificate and a government birth certificate! Oh and try WND's updated info...NS once again you FAIL and are a joke. Get up to speed before you put your foot in your mouth ..again...

34 posted on 09/08/2009 1:35:00 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: Non-Sequitur

yes. different bc. in both cases, the burder of
proof is on pRES_ _ENT Obama and Hawaii.


35 posted on 09/08/2009 1:38:46 PM PDT by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: Diogenesis
yes. different bc. in both cases, the burder of proof is on pRES_ _ENT Obama and Hawaii.

Wouldn't the burden of proof lie with Smith since he's claiming the document is authentic?

36 posted on 09/08/2009 1:54:25 PM PDT by Non-Sequitur
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To: Donna in Decatur

Donna, I called the Associated Press in Los Angeles and they weren’t even aware of the story. I told them about it and told them there were servicemen and servicewomen as plaintiffs with Dr. Taitz. I then told them that the judge, David Carter, was a former Marine. Hope this helps and birthers get a fair shake and something positive started on Obama alleged coverup of all his records.


37 posted on 09/08/2009 2:24:11 PM PDT by Chevy59tom (AP tipped off on Obama hearing)
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To: neverbluffer

Looks like its going to trial.

http://www.wnd.com/


38 posted on 09/08/2009 2:24:52 PM PDT by goldi (')
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To: Chevy59tom

Oh, AP knows about the case alright. There aren’t any caves in Los Angeles deep enough for them to hide from it. Their claim of ignorance is an attempt to cover their backsides. The major news services won’t admit the suit is even going on until Obambi is dargged kicking and screaming out of the White House. Even then they’ll claim “racism” was behind the whole movement.


39 posted on 09/08/2009 2:29:55 PM PDT by oldfart (Obama nation = abomination. Think about it!)
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To: oldfart

“dargged” = ‘dragged’. Orly isn’t the only one who needs a proofreader.


40 posted on 09/08/2009 2:32:51 PM PDT by oldfart (Obama nation = abomination. Think about it!)
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