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.
Why would he want to do that? Formal discovery hasn't even started yet. And in the event it does then I imagine Tatitz will subpoena the long form from Hawaii. Well maybe not Tatiz, but I'm sure Kreep can do it without screwing it up.
I really want the truth to come out.
At the same time, I am concerned we do not have an organized plan and the political and legal power to lead the removal of Obama in a way to benefit and restore the American constitutonal Republic and to reassure the Amercian public.
We are leaving it to McCain and Obama’s people to “fix” if he’s removed and that will mean more of the same and more covering up the crime to protect the guilty if we don’t have our act together.
McCain should resign immediately if Obama is found to be inelgible. He led the fraud on the rino side of the aisle. Other rinos went along with him and they should resign, too. The Democrats are the major ring leaders and they should go to trial and if guilty of violating the constitution, see a firing squad or prison cell for life.
“True, but the states’ delegates are pledged on the basis of the popular vote in each state”
No, they aren’t. Not legally, anyway. But even if they were, it still wouldn’t matter, because they’d still be casting seperate ballots for Obama and Biden, and therefore the one wouldn’t corrupt the other.
“Hmmmm...How about The Revolution begins and The One Declares himself the True Messiah after sending in the storm troopers. Or maybe “The Night of the Long Knifes Part Duex”. Then there is always, I’m feeling Hawkish and let’s go to war with the ChiComs for not being Green, that’ll keep everyone busy.”
and I’m sure that any chain of command seriously contemplating the usurper’s orders will suffer the same fate as a Republican Guard battallion that my unit captured during desert storm-all the offers and NCO started having serious accidents,friendly fire incidents and sudden gashes in their throats while sleeping. The military will NOT take his side.
If Obama is found to be a fraud, Biden needs to put an orange jump suit on.
They will get away with the treason unless we are organized to have them investigated by a DA or special prosecutor!
Kindly take me off of whatever list is producing these pings. I certainly never asked to be kept up-to-date on this Birther stuff. Thanks!
“Laughing at all of you who actually thought that it would be dismissed on Tuesday.”
yea, well YOU were the one who claimed that the hearing would be dismissed...and then reneged on the bet...in fact you made the claim that there wouldn't be a hearing Tuesday in open court....your memory is almost as bad as your legal opinions. LMAO
shezzzzzzzzzzzzzz...another FR perry mason wannabee...
Don’t forget the records relating to his tenure as chairman of the Chicago Annenberg Challenge, (he co-chaired wiyh Bill Ayres) allegedly designed to improve the Chicago Public Schools but actually intended to funnel money to Chicago’s favored radical cultural front groups.
See #187
Don’t ever ping her again, but be sure to keep her on The List.
Don't ever ping her again, but be sure to keep her on The List.
Nully, which list? There are four.
*blush*
That was supposed to be FReep mail.
Sorry.
The Hue list...
Oh...
“I truly hope this Smith fellow is legit.”
It’s a fraud. Thus says WND on some pretty obvious evidence.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=108005
“He has more credibility than Obama does.”
LOL ... I actually believe you, but ...
“Smith, whose background includes a lengthy criminal record and a reported attempt to sell his kidney to a man in need of organ transplant, nonetheless insists that his motives are above board, even if his past looks dubious.”
“Hawaii has not really vouched for him being born there.”
Yes, they have, in July 2009.
State officials from Hawaii vouched for his birth records being on file and him being born in Hawaii, in July 2009: “I, Dr. Chiyome Fukino, director of the Hawai’i State Department of Health, have seen the original vital records maintained on file by the Hawai’i State Department of Health verifying Barrack Hussein Obama was born in Hawai’i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008, over eight months ago.”
http://www.usatoday.com/news/nation/2009-07-27-obama-hawaii_N.htm
“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’s already gotten a record.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=108005
“I do have a background. I’ve made mistakes in my life,” Smith told WND in an e-mail. “It took a guy like me to go and get tangible proof about Obama. I don’t mind breaking a few laws or policies here and there.”
Then Obama should release it. If discovery goes forward then HI may have to pony it up.
Fukino is a state govt worker in one of the most corrupt states in the nation. Her credibility is suspect.
Obama releasing a phony COLB shows he is hiding something.
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)
BTTT.
I think the White House is in a panic.
The odds are now better than good that discovery will proceed, and that the Kenyan Clown's vital records will be examined.
If there were any way to forestall this by simply producing the documents without showing Obama to be an impostor and an usurper, the White House would have been best served to make these available — all it would take would be one telephone call to the State of Hawaii.
But the White House stonewalls.
He freely admits to his checkered his past. However, Smith has Showed up making himself available for the court and the general public to ask him question.
He rebutted Corsi in his video fairly well where Corsi backed off. Smith also put himself on the line by submitting an affidavit to the court that he believes is a genuine certified copy of Obama's Kenyan birth certificate.
So where is the Obama's Hawaiian COLB that the media waves around as little Chrissy Mathews does proclaiming it as real? It's nowhere near a court of law. How come? It's real deal - right? LoL!
Lucas Smith is building his credibility whereas Obama is going in the other direction by losing his credibility.
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