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Federal Judge Allows Obama Eligibility Case to Go Forward (Where R the FReeper "Dimissal Missies?")
sonorannews.com ^ | September 9, 2009 | Linda Bentley

Posted on 09/09/2009 8:57:44 PM PDT by kellynla

SANTA ANA, Calif. – On Sept. 8, U.S. District Court Judge David O. Carter ordered a scheduling conference for Oct. 5, 2009, allowing the Obama eligibility case filed by Dr. Orly Taitz, Esq. on behalf Captain Pamela Barnett, Alan Keyes and others to proceed.

Carter wrote, “The responsibility for the progress of litigation in the federal courts falls not only upon attorneys in the action, but upon the court as well. Accordingly, the court issues this order.”

Taitz filed a declaration of Lucas Daniel Smith with an exhibit on Friday.

Smith, a 29-year-old American citizen from Iowa, signed an affidavit, under penalty of perjury, stating he “traveled to Kenya and Mombasa, in particular, with the intent to obtain the original birth certificate of Barack Hussein Obama,” as he was told previously it was on file in the hospital and under seal, due to the fact the Kenyan Prime Minister is Obama’s cousin.

Smith states he visited Coast General Hospital in Mombasa, Kenya on Feb. 19, 2009, accompanied by a citizen of the Democratic Republic of Congo, and said he had to pay a cash “consideration” to a Kenyan military officer on duty to look the other way while he obtained the copy of the birth certificate.

According to Smith, the copy was signed by the hospital administrator and contains the embossed seal. As an exhibit, Smith provided the “true and correct photocopy of the birth certificate obtained.”

Meanwhile, defendants filed a motion to dismiss stating, “Plaintiffs ask this Court to entertain a challenge to the 2008 election of President Barack Obama by requiring the President to disprove, in this Court, their innuendo alleging that he is not a ‘natural born citizen’ within the meaning of the United States Constitution. Plaintiffs cannot use this Court to investigate and decide the President’s fitness for office or their related claims …

“Plaintiffs also seek to litigate in this court a variety of vaguely-defined claims purportedly related to a hodgepodge of constitutional provisions, civil and criminal statutes, and the Freedom of Information Act. These claims are equally flawed ...”

Jeff Schwilk, founder, San Diego Minutemen, attended the Sept. 8 hearing and reported back, “Judge David Carter refused to hear Obama's request for dismissal today, instead setting a hearing date for Oct. 5. He indicated there was almost no chance that this case would be dismissed. Assuming Judge Carter denies Obama's motion for dismissal, he will likely then order expedited discovery which will force Obama to release his birth certificate in a timely manner.

According to Schwilk, Carter, a former U.S. Marine, repeated several times that this case is very serious and must be resolved quickly so that the troops know their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war.

“Plaintiffs’ Attorney Dr. Orly Taitz did a great job, winning some huge victories today,” said Schwilk, adding, “She was fearless!”

Carter requested all counsel familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California in order “to secure the just, speedy and inexpensive determination of every action.”

Carter admonished counsel that a continuance of a scheduling conference is rarely granted and a continuance will only be granted only for good cause.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government
KEYWORDS: birthcertificate; certifigate; obama
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To: wintertime

You don’t impeach someone who isn’t President. A usurper is simply removed from office as the election is VOID.

Because the Presidential election of 2008 would be void, another election, probably in the joint Houses of Congress, will have to be held.

God help us!


101 posted on 09/09/2009 10:29:47 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: SatinDoll

I wonder if the copy they have from Kenya is good enough to see the footprints (ridges swirls etc).


102 posted on 09/09/2009 10:29:52 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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To: Boiler Plate
As I stated earlier the Law of Unintended Consequences can be a bitch.

The Law of Intended Consequences from BO to the USA is a bigger bitch, IMO. And he hasn't completed one year yet. Maybe the school kids can give him a speech on obeying our Constitution and the consequences of lying by omission.
103 posted on 09/09/2009 10:30:07 PM PDT by presently no screen name
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To: Red Steel

LOL


104 posted on 09/09/2009 10:30:31 PM PDT by Danae (- Conservative does not equal Republican. Conservative does not compromise.)
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To: wintertime
" How do you impeach someone who isn’t president? "

You send in the US Military to remove him from office.
105 posted on 09/09/2009 10:31:24 PM PDT by American Constitutionalist
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To: Frantzie

The photo of it here on FR was too small to see that kind of detail.

Your guess is as good as mine.


106 posted on 09/09/2009 10:31:58 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: null and void

Do you have me on your ping list manno?? Please add me if I am not...

Say, has anyone notices how GOOD Orange “Mike and Ike’s taste after Obama loses a round in court? They are DELICIOUS!


107 posted on 09/09/2009 10:32:05 PM PDT by Danae (- Conservative does not equal Republican. Conservative does not compromise.)
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To: SatinDoll

True. I guess I’m going to have to pull out the Mad Max Collection and take notes this time.


108 posted on 09/09/2009 10:32:21 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: Boiler Plate

LOLOLOLOL!!


109 posted on 09/09/2009 10:33:39 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: bossmechanic

This could really be messy.


110 posted on 09/09/2009 10:35:53 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: presently no screen name

All true. I guess I’ll start working on the bunker this weekend.


111 posted on 09/09/2009 10:37:45 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: American Constitutionalist

“no were did they say that he was born in Hawaii or a natural born citizen.”

see here:

http://www.freerepublic.com/focus/news/2336087/posts?q=1&;page=51


112 posted on 09/09/2009 10:38:56 PM PDT by fretzer
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To: Danae
I don't “think” it's a matter of “if” but “when” Hussein is history...

My gut tells me that Hussein is phony as a 3-dollar-bill...and his "jig" is about up!

113 posted on 09/09/2009 10:39:37 PM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: Boiler Plate

There’s no “could” about it. Can you imagine our CF Congress getting it’s act together enough to determine how to fill the exec branch? This presumes that the normal line of succession is interupted and obscured.

And there will be a awful lot of zombies wandering the streets wondering how they got scammed so badly.

But to your earlier point, it’s always best to be prepared.


114 posted on 09/09/2009 10:40:18 PM PDT by bossmechanic (If all else fails, hit it with a hammer)
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To: little jeremiah

Ping!


115 posted on 09/09/2009 10:42:49 PM PDT by Red Steel
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To: SatinDoll
The best scenario is that this takes about 18 mos to resolve with a huge majority of house seat and a nice chunk of Senate seat going to the GOP in the mean time.
I am still worried that we might be being lead down the rosy path to a Constitutional Crisis/Convention.
116 posted on 09/09/2009 10:43:45 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: bossmechanic

I was being optimistic. My folks down here to DC in the mid sixties, just in time for all the good riots. My Spidey Senses have never tingled that much until now.


117 posted on 09/09/2009 10:47:26 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: Boiler Plate

I didn’t realize a constitutional crisis could/would bring about a convention. We have a constitution the SCOTUS is supposed to interprete accurately and rule on accordingly.
I’m not sure how their rulings get enforced at that point but I would imagine the secret service is responsible for protecting the office from usurpers and would therefore gently remove the bum.
Oh! What to do with Michele, the kids, and the mutt?
Can they go live with the illegal alian homeless aunt in Boston? Michelle certainly knows the truth so she could be an accessory and a flight risk. YukYukYuk


118 posted on 09/09/2009 10:54:12 PM PDT by bossmechanic (If all else fails, hit it with a hammer)
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To: so_real
"Yes, with proper interpretation of history"

Thanks. So the Constitution is 'not clear' for convenience sake. I agree, this case will nail it but I'd rather see Our Constitution be taken the way it was intended. I believe it's quite specific on the matter.

Victory can't come soon enough so the ROE can be changed from the deliberate act of placing our Marines in harms way.
119 posted on 09/09/2009 10:56:31 PM PDT by presently no screen name
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To: Boiler Plate

Re: your folks,
Last I heard 60yo’s do quite well with 20ga and sometimes even a 12.
Take em out to a field somewhere and practice.


120 posted on 09/09/2009 11:00:27 PM PDT by bossmechanic (If all else fails, hit it with a hammer)
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