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Shocker! Judge orders trial on eligibility issue
WND ^ | 9/8/09 | staff

Posted on 09/08/2009 2:15:45 PM PDT by pissant

A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution.

If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to one of the attorneys working on the issue.

In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had.

In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent defendants Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, were restored as plaintiffs.

But the judge did not immediately rule on Taitz' motion to be granted discovery – that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case.

(Excerpt) Read more at wnd.com ...


TOPICS: Breaking News; Crime/Corruption; Extended News
KEYWORDS: article2section1; barackobama; bho44; birthcertificate; birthers; certifigate; colb; communistcoup; larrysinclairlsover; naturalborn; obama; obamanoncitizenissue; orlytaitz; truthers
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To: faucetman

precisely


421 posted on 09/08/2009 8:54:30 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: faucetman

You seem to be kind of new, but kind of knowledgeable.

What’s Obama’s achilles heel, you think?


422 posted on 09/08/2009 8:55:00 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
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To: MHGinTN

Lucas Smith has a rap sheet for previous fraud. If Orly didn’t check on provenance, it will be yet another act of malfeasance on her part.


And didn’t at least a few of those counts deal with forgeries?


423 posted on 09/08/2009 8:56:17 PM PDT by Sibre Fan
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To: Kevmo

He’s still here. Where are the mods? What’s his IP?

I bet he’s actually from DC.


424 posted on 09/08/2009 8:56:24 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: faucetman

If the Judge orders discovery..something big is going to happen. Obama and his handlers can’t go through discovery.

I don’t know what will go down but it will be big.

This case isn’t going to go to trial, IMO.


425 posted on 09/08/2009 8:56:31 PM PDT by RummyChick
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To: Sibre Fan

But you do have a solid month of being an Obama troll on FR. Congrats, buttsniff


426 posted on 09/08/2009 8:57:03 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Hattie
Why not just wait till he is out of office?

You have got to be kidding me. That question is about to go down in Freeper history.

427 posted on 09/08/2009 8:57:39 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: lucysmom

Thank you for the correction. Indeed it would be incompetence. I haven’t reached a state of questioning for whom she is working.


428 posted on 09/08/2009 8:58:13 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: txhurl; faucetman
To faucetman: You seem to be kind of new, but kind of knowledgeable.

Is that what's referred to as a "back-handed" compliment?

429 posted on 09/08/2009 8:58:14 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: pissant

And you have a multi-month record of accusing anyone who disagrees with you of being an Obama troll ... Name calling will get you ... uhm ... no where.


430 posted on 09/08/2009 8:58:51 PM PDT by Sibre Fan
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To: afnamvet

Yeah, it’s at low ebb BUT not yet gone. The sanity (and sometimes INsanity - LOL) here at FR keeps me from going under. This is the most I’ve posted since officially joining, though I’ve “lurked” since 1999. And it’s been invigorating. And you, Sir, have kept me on my toes in a “tough room.” Thanks, and “Happy Trails.”


431 posted on 09/08/2009 8:59:11 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: deport

Where did this come from and why is the link BUSTED


432 posted on 09/08/2009 9:01:33 PM PDT by faucetman (Just the facts ma'am, just the facts)
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To: Sibre Fan

I have a near perfect record of identifying trolls. I’m batting about .950

Someone who shows up with the near-exclusive agenda to defend Obama is a troll.


433 posted on 09/08/2009 9:03:19 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: The Anti-One
The trial will never take place. Baraq O Bamah will declare marial law before that happens and our Constitution will officially be scrubbed.

Oh really? And what army is going to make that declaration stick? Certainly not ours.

434 posted on 09/08/2009 9:03:56 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Deepest End

Well, I never heard of you, either.


435 posted on 09/08/2009 9:03:56 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
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To: faucetman

Link works fine for me. If you are getting a blank page just scroll down in the center section to where the type witten material starts....


436 posted on 09/08/2009 9:05:04 PM PDT by deport
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To: RummyChick

Why do you think it won’t go to trial?


437 posted on 09/08/2009 9:06:19 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: txhurl

No.Not Corsi. I’m referring to Lucas Smith, who claims to have traveled to Mombassa in Feb.


438 posted on 09/08/2009 9:06:23 PM PDT by AFret.
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To: pissant

You have a good nose for trolls. They have a subtle aura above and beyond their actual 0bama-support. Kind of like a used and dirty j... - oh well, I’m too refined to say it.


439 posted on 09/08/2009 9:08:31 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: faucetman
It's from Orange County News blog page. Here's the rest of the article from the reporter on the scene:

[[ Carter's got an interesting act going on. He appears extremely sympathetic to the idea that the question of Barack Obama's legitimacy needs to be examined in court. Time and again, he said he want to eventually hear the case on its merits, and even went ahead and set a whole slew of dates into early 2010 for the hypothetical future trial. He stressed that he was taking steps to speed up the process. But, he said, the case had already been swamped in a "procedural quagmire" of Taitz's own making.

Today's hearing was about three issues. The first: service. Taitz and her followers had attempted to "serve" Barack Obama with notice of their suit a number of times, each time legally incorrect. But at today's hearing, the government's attorney said the defendant had been properly served. This elicited a stream of congratulations from Carter, who called the government's cooperation "exemplary."

The second issue was a snit on the plaintiff's side. Taitz had originally worked with attorney Gary Kreep in Wiley Drake's lawsuit against Obama, the case that has since blossomed into Barnett v. Obama. At some point, Kreep, Drake and co-plaintiff Markham Robinson decided to part ways with Taitz. Taitz refused to sign a change-of-attorney form, and then filed a motion stating Drake and Robinson's desire to be removed from the lawsuit. Those two plaintiffs say they authorized Taitz to do no such thing. Carter, very much taking the tone of a teacher scolding children, called a 15-minute recess and told Taitz and Kreep to work it out.

When court resumed, Taitz lit into Kreep with a litany of ways that she said he had botched the suit against Obama. Carter wasn't pleased. "I think what I'm going to do is force you two together [in one lawsuit]," Carter said. "I don't know if I can legally do this, you can take it to the 9th Circuit if you like and delay it longer." He then made the two bickering lawyers move their chairs next to one another. "I'm very visual," he said. "I need to see you two as one."

The third issue was Taitz's motion to recuse Magistrate Judge Arthur Nakazato for bias. The reason? Nakazato struck down one of Taitz's actions for largely technical reasons, even though Carter had assured her in court that he didn't want the case to get bogged down in technicalities. Today, Carter didn't oblige, saying that his comments were not intended to provide Taitz a "carte blanche" to ignore legal rules.

On Oct. 5, the court will hear the government's motion to dismiss the case and Taitz's motion for discovery to begin. As World Net Daily quickly began hyping, Carter did set a tentative trial date for Jan. 26, a trial that will only happen in what Carter called "the worst case scenario" for both sides. With about 100 spectators showing up and milling about in the courthouse hallway beforehand for hours to see today's proceedings, Carter didn't provide the thriller-novel witness trial Taitz had seemed to want, but he did provide some nice world-hangs-in-the-balance rhetoric: "It does the country no good to sit in a state of question." ]]

440 posted on 09/08/2009 9:08:44 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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