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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: Art in Idaho; Polarik; MHGinTN; LucyT; hoosiermama
His sister, who reportedly was born in Indonesia, has a Hawaiian Certification of Live Birth - or so I've read.

That may be so since Maya Soetore Ng came to Hawaii before the laws changed disallowing foreign borns to be registered as citizens of Hawaii. That's a lead in to my suspicions about Obama's CoLB. We know he was adopted by Lolo Soetoro after the marriage to Stanley Ann and traveled to Indonesia, later to return to Honolulu sans mama to live with Madelyn and Stanley. Whatever documentation on his birth would have been amended by the adoption or.....if there was none. one may have been created years after his actual birth date.
141 posted on 09/10/2009 12:21:43 AM PDT by BIGLOOK (Government needs a Keelhauling now and then.)
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To: TigersEye

bookmark your list.


142 posted on 09/10/2009 12:25:33 AM PDT by antceecee (Bless us Father.. have m ercy on us and protect us from evil.)
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To: MHGinTN

http://www.westernjournalism.com/?page_id=2697


143 posted on 09/10/2009 12:27:07 AM PDT by American Constitutionalist
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To: BIGLOOK

Well, Barry entered Occidental Colleg in 1979, Fall. His mother divorced Lolo in 1980 and in her pleadings cited Barry as one of two children Lolo was legally responsible for. So, it is likely that Barry was still elgally Barry Soetoro ... by what name did he enter Occi and did he receive foreign student aid as an Indonesian still?


144 posted on 09/10/2009 12:28:13 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: American Constitutionalist

The statement supposedly happened this summer, after the statement cited in the detectives essay.


145 posted on 09/10/2009 12:30:41 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: MHGinTN
I think the laws in Hawaii regarding 'Straggler' birth certificates changed in 1972 but even if he received such a birth certificate, he would have had dual citizenship until he achieved majority or renounced it later. It could have proved useful getting into college, scholastically and financially (as his mother and enabling grandmother would have explored).

I take nearly everything I've heard from Barry's side of the story. crumble it in a ball and throw it out.
146 posted on 09/10/2009 12:44:58 AM PDT by BIGLOOK (Government needs a Keelhauling now and then.)
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To: American Constitutionalist

That was a great source. Had not seen this at all.
tks


147 posted on 09/10/2009 12:54:02 AM PDT by bossmechanic (If all else fails, hit it with a hammer)
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To: kellynla
One or two questions about his past would have been overlooked. If Bush (or any other President, Republican or Democrat) had such a secretive and checkered background and so many hidden documents the media would have had them tied in the middle of a bonfire. I believe many of the media top level execs. know there is some truth to these claims. They are not stupid, just cunning. Most likely they have made a pact to cover for Zero, after all, they put him where he is and now don't want to lose face (or whatever favors they might have received or been promised).

When this does get heard in court, hold onto your seat. It is going to be a bumpy ride in this country. The "race" issue will rear its ugly head for a whopping bad time, I am afraid.

148 posted on 09/10/2009 1:00:05 AM PDT by CitizenM ("An excuse is worse than an lie, because an excuse is a lie hidden." Pope John Paul, II)
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To: Frantzie

“I talked to Polarik about this months ago in a private email and he said dummying up a long form BC would be impossible.”
How good a forgery does it have to be? If they come up with a fake BC, and get (LIAR) Fukino to authenticate it on behalf of the state of Hawaii, the judge may believe that at face value. Does Orly have any experts who can testify that the hypothetical fake long form and the supposed COLB put up on the web are forgeries?


149 posted on 09/10/2009 1:23:10 AM PDT by IntolerantOfTreason
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To: kellynla

Where are all you FReepers who bet me that this case would be ?Dismissed?

I for one never dissed you or any other Freeper that this or any case would be dismissed. Thanks for taunting though.

: )


150 posted on 09/10/2009 2:12:58 AM PDT by katiekins1
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To: Political Junkie Too

“It does not follow”

Ok, Alex, I’ll take Latin idioms for $100.

non sequitur


151 posted on 09/10/2009 3:25:57 AM PDT by JohnnyP
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To: humble and shy

No, In fact Judge Carter said that no discovery can go forward while the motion to dismiss is pending.


152 posted on 09/10/2009 4:05:43 AM PDT by MilspecRob (Most people don't act stupid, they really are.)
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To: kellynla; All

BIG SMILE...

Great song...

:)

http://www.youtube.com/watch?v=5gCUufJKAKE


153 posted on 09/10/2009 4:09:49 AM PDT by Tennessee Nana
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To: BIGLOOK
We know he was adopted by Lolo Soetoro after the marriage to Stanley Ann

How do we know that?

154 posted on 09/10/2009 4:12:16 AM PDT by MilspecRob (Most people don't act stupid, they really are.)
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To: TigersEye

“13 Record of baptism”

I did not know that muslims engaged in baptism .


155 posted on 09/10/2009 4:48:28 AM PDT by lucias_clay (All We Weed Up !)
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To: MestaMachine

You know that is the best part of this. Its not what manages to make it to the final verdict. What gets put in the official record as part of discovery is what matters.

If documents get into discovery refuting Barry’s claims it will be the end of him before the thing gets to trial.


156 posted on 09/10/2009 4:52:38 AM PDT by lucias_clay (All We Weed Up !)
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To: MHGinTN

it is likely that Obama is still Barry Soetoro, and never legally changed his name or his Indonesian citizenship, and has all this time claimed the name Obama as well as American citizenship to give him political cred.


157 posted on 09/10/2009 5:24:50 AM PDT by usmcobra (Your chances of dying in bed are reduced by getting out of it, but most people still die in bed)
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To: Art in Idaho
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)

Bingo

158 posted on 09/10/2009 5:28:25 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Tublecane
True, but the states’ delegates are pledged on the basis of the popular vote in each state, so I am sure it will be lawsuit nirvana if we ever get there.
159 posted on 09/10/2009 7:09:20 AM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: IntolerantOfTreason

I am sure Orly will have a document expert. Some people here think that wealty people in this country are not fed up with Hussein. My guess is Orly will have a lot more resoruces in this case.

Obama worked for ACORN. He trained people for ACORN. Glenn Beck is on right now with undercover tapes on how corrupt ACORN is. It is staggering. The Democrats are funding ACORN.


160 posted on 09/10/2009 7:43:40 AM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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