Posted on 08/02/2009 1:35:53 AM PDT by rxsid
Edited on 08/06/2009 12:10:02 AM PDT by John Robinson. [history]
Attorney Taitz filed a NOTICE OF MOTION AND MOTION to Expedite authentication, MOTION for Issuance of Letters Rogatory for authenticity of Kenyan birth certificate filed by Plaintiff Alan Keyes PhD.
http://www.orlytaitzesq.com/blog1/ (site has been the target of hackers, proceed with caution — John)
Any update on the Orly court hearing in CA that was scheduled for today?
or
ORLY TAITZ ANNOUNCES SCHEDULED DISCOVERY HEARING FOR SEPT. 8TH BY JUDGE CARTER
I keep refreshing her facebook page. That seems to be the best place to get up to date info as some of her “friends” are on site. As of 1 min ago no new news.
1. Service of process was accepted (as predicted)
2. Judge ordered Orly and Kreep to work together, over their objections
3. is the motion to recuse Judge Nakazato, and no report on decision on that yet.
Those are the 3 issues that were before the court today, so only one left to report on.
Thanks for the update.
http://www.freerepublic.com/focus/bloggers/2334836/posts
Justice Carter recessed the court at 12.30 pst 9/8/09
His rulings
10/5/09 Defense Motion to Dismiss to be heard. Carter indicted only a very strong compelling reason would move him to dismiss at this point. He will review the defense’s 9/4/09 MTD. He wants to hear the case on it’s merits. Discovery to be ordered 10/5/09 if MTD is thrown out.
1/11/10 Pre Trial Set- procedural for other motions, depositions, scheduling, etc
1/26/10 Trial Date Set- Earliest available date for Justice Carter.
What is the reason again that Orly and Greg are at odds ???
Obama-birthplace lawsuit in O.C. plagued by infighting
September 8th, 2009, 1:20 pm ·
Martin Wisckol, Politics reporter Updated at 3:55 p.m.
In the federal lawsuit claiming that Barack Obama cannot legitimately be president, today’s hearing in Santa Ana focused not on documents that allegedly prove he was Kenyan-born but on the conflicts of plaintiff’s attorney Orly Taitz.
Judge David O. Carter dismissed Taitz’s motion to have two of her clients removed from the case and also tossed her motion to have Magistrate Judge Arthur Nakazato removed from the case. Carter said there was no basis in Taitz’s complaint that Nakazato was biased against her in an earlier administrative ruling.
Additional, Carter told Taitz that she had no choice but to work with Gary Kreep, the attorney now representing the two clients Taitz wanted removed from the case. Taitz had said she would not work with Kreep because of past conflicts between the two, and because they viewed the case differently.
Carter set tentative dates for other pre-trial matters and said that if the case isn’t resolved before then, a trial will begin on Jan. 26.
While it was a rough patch for Taitz this morning, she has her supporters. About 100 backers were on hand in the Santa Ana federal courthouse’s ninth-floor corridor when she showed up a little after 8 a.m. They offered a round of applause as she made her way to Carter’s courtroom.
When Carter finally got to her suit at 11 a.m., he started by thanking her for finally get her complaint properly filed, saying the process “seems never ending.”
Carter repeated said he was eager to get the matter settled.
“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.”
The most immediate delay concerning Carter involved the conflict between Taitz and Kreep. Taitz wanted Kreep to file his own case and stay out of her way. Carter said that even if there were separate cases filed, they would likely be joined together at the request of the the defendents’ attorney, with the end results of simply slowing the process down.
“Why can’t the two of you work out the disagreements you have?” Carter said. “Do each of you want the spotlight? … You are about to cause a tremendous delay because of your bickering.”
Carter then called a 15-minute recess, and directed Kreep and Taitz to step into the hall and figure out a way to work together. Kreep went into the recess agreeing to work with Taitz and returned with the same position. But, “Ms. Taitz said there is no way she will work with me,” Kreep told Carter when proceedings resumed.
Carter said that was not acceptable.
“This is a personal dispute. You two are going the have to work it out,” he said. “The country is ill-served by excessive delay.”
Taitz and Kreep previously joined forced in a lawsuit that unsuccessfully attempted to halt Secretary of State Debra Bowen from submitting Obama’s electoral votes from California. That’s the case the caused the bad blood between them.
As for their different approaches to the case, Taitz believes the constitution - while not saying so explicitly - intended to require presidents to not only be U.S. born but to be the offspring of two U.S. citizens. Kreep wants to focus solely on the issue of Obama being born abroad.
Motion for dismissal
Carter also told Taitz that he like to keep the lawsuit focused narrowly on the issue of Obama’s qualifications for president and asked her to considered removing Michelle Obama, Hillary Clinton, Robert Gates and Joe Biden as co-defendants.
Assistant U.S. Attorney Roger West says in his motion for dismissal that none of the four are clearly accused of wrongdoing.
But the primary thrust of that motion, scheduled to be heard by Carter on Oct. 5, is that the issue of whether or not Obama meets the citizenship requirements to be president is a matter for Congress and the Electoral College to decide - not the courts.
During this morning’s proceedings, Carter said he had not yet read the motion to dismiss the case. But he said such motions, when based on Federal Rules of Civil Procedure 12 (b), rarely succeed. That is the rule cited by West in his motion.
Surprise witness This morning, Taitz also tried to introduce a surprise witness - I believe it was the person who produced the Obama’s Kenyan alleged birth certificate (see first link below, which includes a photo of the document filed Friday).
Taitz said the man’s life was in danger and so testimony should be taken immediately to guarantee that the opportunity to interview him was not lost.
Carter wasn’t biting, especially since it was not a hearing to take testimony.
“I don’t intend to hear witnesses on the fly,” he said. “I don’t intend to hear witnesses without of (advance) notification of the other party.”
Even Kreep said Taitz was out of line with the request. “You can’t just bring people to court and then expect them to be allowed to testify,” he said. “I think Dr. Taitz means well. … We need to proceed professionally.”
Here are some related stories - starting with my rundown of Taitz’s Friday filing of what she claims is Obama’s Kenyan birth certificate (this is different that the birth registration she previously filed and was called a forgery by experts).
Multiple links for the following articles at this source Obama’s Kenyan birth certificate alleged in O.C. lawsuit Hawaii’s chief public health officer confirms Obama’s birth there Annenberg Public Policy Institute investigates Obama U.S. birth documents, determine them to be authentic Obama’s birth registration called a forgery by experts Paperwork tangles O.C. suit against Obama O.C. attorney suing Obama wants judge thrown out Two plaintiffs dump lawyer Taitz in O.C. suit against Obama Claim of Obama’s Kenya birth record thrown out Poll: 23% of Americans unsure Obama born here
“Surprise witness This morning, Taitz also tried to introduce a surprise witness - I believe it was the person who produced the Obama’s Kenyan alleged birth certificate (see first link below, which includes a photo of the document filed Friday).
Taitz said the man’s life was in danger and so testimony should be taken immediately to guarantee that the opportunity to interview him was not lost.
Carter wasn’t biting, especially since it was not a hearing to take testimony.
“I don’t intend to hear witnesses on the fly,” he said. “I don’t intend to hear witnesses without of (advance) notification of the other party.”
The defendant’s lawyers shocked the judge when they objected to this man giving a deposition saying that he would think they would like to know what he has.
Why would Soetoro’s lawyers object to a deposition?
You mean Gary Kreep. I have only read that they have unreconciled differences.
See #10229 for some of the answers on teh dispute.
XXX marks the spot
When will discovery be ordered? October 8th?
Oct 5th if the Motion for dismissal is dismissed lol.
Haven’t a clue!
The court instructions, which are posted at The Right Side of Life, point out that barring a motion to delay discovery, each side must begin to make preparations now as to discovery…its very leagalese…Let us pray. I just can't bare to see little trick or treaters coming to my door with BHO masks on....Its Oct 5th, not 8th, I think…
We probably all expect a motion to delay discovery…
As that will case Obama’s house of cards (of forgeries) to crumble…
From Judge Carter’s standpoint, I can not see a reason to grant any motion to delay discovery. There is little additional preparation needed. All documents either exist or they don’t. Delay would just be another technical way to drag the case out.
He has also scolded Orly and Kreep for “unnecessary” delays. I get the feeling this judge wants to get to meat of the matter as quick as he can.
Agreed, he’s a meat and potatoes man.
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