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.
-PJ
Smith may be a quirky guy but no one in their right mind is going to go under oath and risk jail to lie about this. HE is also probably risking his life. The kid may be a hero.
Judge Carter also told them to be ready to start discovery on Oct 5th. He said it is unlikely he will grant the motion to dismiss.
I hope Orly and/or gary Kreep cite this U.S. versus Prudder case.
It's pretty obvious what happened here. Obama pulled the foreign student, diversity and affirmative action cards to get a free ride at Occi et Columbia and then was "discovered" and groomed as a useful idiot by CPUSA, Soros, et al and then "helped" to get into Harvard and the rest is history. He's okay as long as he "plays ball", which, of course, he will do because he loves the power.
Laughing at all of you who actually thought that it would be dismissed on Tuesday.
Wanna bet?
Judge Carter won't be requesting anything. The plaintiffs and the defense request subpoenas for what they want.
So exactly how much is the Oabama gang PAYING you to park here and TRY & poke holes in Orly’s case?
Your boss will now have his chance to speak or be forever equated with fraud along with those like you who have taken pleasure in this fraud.
Because they can already hear their King saying "off with their heads" ???
It will also put people back to work when programs like the F-35, F-22, and the Presidential helicopter are put back in the budget. Military base closings will give new life to communities, and programs scrapped will be revived. More jobs will be gained than lost IMO. I think that your correct in one respect, the Law of Unintended Consequences as viewed by these programs and projects coming back online will be telling as to the damage this administration has caused.
I hope to see the judicial system work, so far, it has been a disappointment.
Not a thing. It's a hobby. Besides I couldn't take money for something as easy as poking holes in Tatitz's case.
Well now that will depend on how Judge Carte rules in October, wouldn't you say?
I get the impression he may be ready to go right into discovery.
The court room statements for Judge Carter:
“If President Obama fits the qualifications under the rules of the court, the longer the delay the more credibility it lends to the complaint,” he said. “If President Obama does not meet the court’s requirements, the delay also causes a problem.”
And his comments about the motion he recieved from the government lawyers on Friday....
“During this morning’s proceedings, Carter said he had not yet read the motion to dismiss the case. But he said such motions, when based on Federal Rules of Civil Procedure 12 (b), rarely succeed. That is the rule cited by West in his motion.”
Yup. Judge Carter said that “90% survive 12(b) motion”.
Perhaps in the meantime he would like to submit that Factcheck BC to the court. Do you think he will??? If not maybe you can do it for him??? If you actually think that its valid, that is.
Federal Rules of Criminal Procedure, Rule 12
My goodness! A motion to dismiss is not included under Rule 12(b)!
Thanks. I just have this anticipatory feeling as though a fuse is lit, not just this issue, but many. Many fuses.
I hope it doesn’t affect my digestion. ;-)
Oh, btw, the swine flu is going to hit the fan really soon. The MSM won’t say anything, but at least 60 children have died from it since school began - those are confirmed cases. These cases were tracked down by newshounds at the PFI forum. And many schools are just starting this week.
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