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.
Four died today, in no small part thanks to 0bama’s fellow muslim protecting ROE.
Nah! Just keep the faith. ;)
“There was a artcle here on FR a few months ago of a ex C.I.A. agent talking about the birth certificate.”
Here:
http://www.freerepublic.com/focus/f-news/2301706/posts
He is indirectly murdering our military and he’s added more forces. I’m sure the Judge can read between the invisible lines.
You forgot Grannie’s gotta go too.
It’s late and I managed to leave out a few words.
My folks moved down to DC (with me in tow) in the mid sixties. It was pretty tense most times and downright violent when MLK was shot.
Obama is Still mum on his Long Form Birth Certificate? Why? Obama, what are you Hiding and Why?
I guess we're left with assuming the following: "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading." United States v Prudder, 424 F. 2d 1021(5thCir. 1970),cert. denied, 400 U.S. 831 (1970)
I'm just shocked. .
I believe they will immediately appeal. At least, that is what Leo Donofrio expects the DOJ to do.
The judge ordered to proceed. How do you appeal an order for discovery? No judgement has been made. What’s to appeal?
Then Judge Carter can immediately deny the motion as against full and complete disclosure for the Citizens of these United States. As a nation-wide Citizen Group, we have standing when it comes to matters of the Constitution. Folks, this is a Public Domain hearing and trial if there ever was one. .
After Judge Carter denies the DOJ motion, he should immediately demand the DOJ attorneys recuse themselves and insist Obama get a private attorney as his eligibility is an issue that was never vetted before the election.
You know, that may be true. Maybe all he has on file in Hawaii is the "Certification of Live Birth" which anyone could get at the time of his birth in Hawaii. His sister, who reportedly was born in Indonesia, has a Hawaiian Certification of Live Birth - or so I've read. Don't have the source, but have read numerous places.
A woman in the Hawaiian Health Dept. issued a statement that HI had the vital records of Barack Obama and thet these show he was born in Hawaii and that he is a natural born citizen. The last is totally impossible for the fool woman to assert authoritatively. As to the vital records, the full array of what is in the vital records files is not something the woman is authorized to reveal without violating privacy laws. The statement was so lawyeresque that it smacked of something fed to her to read, by agents of the affirmative action fraud.
Which storm troopers would those be? ACORN? It certainly won't be the US military.
If he's gotta wait for the storm troopers before declaring himself the True Messiah, he's gonna be waiting a long-ass time. Heck, he can't even get all the Democrap congress scum to join his team.
I don’t know. I’m not a lawyer.
But I’m sure that Obama and troupe will do whatever they can to obfuscate and avoid producing documents.
Orly Taitz mentioned in the courtroom that she and her people had received death threats. That is horrifying but it is the Chicago way.
It does not follow...
-PJ
“Or is he disqualified because he was on the ticket”
No, there is no “ticket”. Electors (you know, the ones whose votes actually count) cast seperate ballots for P and VP.
No doubt they’ve gotten death threats.
There have been a couple of participants in the birther issue that have felt the need to become scarce or close websites.
When you got bruthas standing outside a polling place with clubs- and they get off,
surely there are a couple of community organizers out there willing to make a few threatening phone calls - or more.
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