"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.
The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved.
Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.
If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later.
The case would be the first time, according to Kreep, that the actual merits of the dispute will have been heard in open court. A multitude of such disputes have been rejected out of hand by various state and federal courts. Even the U.S. Supreme Court repeatedly has rejected urgent appeals to hear the evidence."
