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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: kellynla
yea, well YOU were the one who claimed that the hearing would be dismissed...

This from the person who was convinced Fox news would be there.

201 posted on 09/10/2009 7:41:16 PM PDT by Non-Sequitur
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To: Tublecane

Thanks. Let’s hope this goes as smoothly as possible if it comes to fruition.


202 posted on 09/10/2009 7:49:51 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: Tublecane

Thanks. Let’s hope this goes as smoothly as possible if it comes to fruition.


203 posted on 09/10/2009 7:49:51 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: PA-RIVER

“If Obama is found to be a fraud, Biden needs to put an orange jump suit on. “

Biden is a plagiarist and a suck-up to MNBA whose sons got caught in a corruption scheme.
Being a Democrat is its own ‘get out of jail free’ card.


204 posted on 09/10/2009 8:48:44 PM PDT by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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To: Red Steel

Whether or not Corsi backs off his correct earlier analysis, Smith’s Kenyan BC is an obvious fake:

http://www.wnd.com/index.php?fa=PAGE.view&pageId=108005

The document appears to have the following defects:

1. Kenyan news sources have called into question the use of “Coast Province” or “Coast Provincial” as a correct reference to the official name of the Mombasa general public hospital in 1961, citing Professor Dan Branch of the University
of Warwick who noted that the term “Coast Province” was not used in the early 1960s when Kenyan provinces were typically referred to as “regions.”

2. Until 1964, Kenya was the Dominion of Kenya, not the Republic of Kenya, and Mombasa was part of Zanzibar until Dec. 12, 1963, not a coastal province of Kenya.

3. Dr. James O.W. Ang’awa, the physician who was named in the document as the attending physician at Obama’s birth, was a physician who worked in Kenya during the 1960s; however, he worked at Kenyatta National Hospital in Nairobi. Dr. James O.W. Ang’awa never worked at any hospital in Mombasa.

4. The dates on the document are formatted in U.S. style, listing in order the month, day and year; this is not the British format which typically follows the order of day, month and year.

5. The footprint on the document appears nearly perfect in definition; real infant footprints
typically show signs of smudging because of foot movement.

6. The footprint on the document is densely black, revealing few natural lines on the sole of the foot; footprints used for document identification are typically inked much lighter to allow for natural lines to be clearly apparent.

7. Footprints taken for document identification are typically taken for both feet, just as fingerprints taken for identification are typically taken for both hands.

8. The document does not look remotely like the 1961-era birth certificates used in Kenya; infant footprints were not displayed on Kenyan birth certificates in the 1961-era.


205 posted on 09/10/2009 8:56:57 PM PDT by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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To: WOSG
It's not an obvious fake. Corsi gets rebutted. The authenticity of the Obama Kenyan BC has yet to be determined. BTW, where's that Obama COLB? Still waiting for Obuma to present it in court. LoL!

Errors in Corsi's rebuttal of the Ebay birth certificate

"I make no determination of the validity of the so-called ebay birth certificate that purports to show Obama was born in Mombasa, Kenya. Jerome Corsi has concluded that the document is likely a forgery at this article though:

http://www.wnd.com/index.php?fa=PAGE.view&pageId=108773

While this may end up being proven upon closer examination of the claimed document, the reasons Corsi has listed for making this determination are factually flawed and need to be reexamined.

OBJECTION: The Ebay certificate identifies the hospital as "Coast Province General Hospital." Corsi considers this suspicious, because it is usually referred to as "Coast Provincial" in Kenya.

TRUTH: "Coast Province General Hospital" was the name used for the hospital in official British Government documents in 1961. This is proven by the British Colonial Office's Report on the Colony and Protectorate of Kenya for 1960, which uses the name and includes a description of the number of beds in the hospital.

OBJECTION: Mombasa is said to have been a part of Zanzibar until 1963

TRUTH: Mombasa was NOT part of Zanzibar, but rather the British Protectorate of East Africa. Zanzibar - an island off the coast of Africa - was part of this same protectorate. Historically, the sultanate of Zanzibar owned a 10 mile strip of coast on the mainland that included Mombasa. When Britain gained protectorate control of Zanzibar in 1890 it obtained a permanent lease on this strip of land (similar to Hong Kong). Mombasa even became the capital of British East Africa until 1905 before it was moved to Nairobi and from the 1890's until independence, Mombasa was under British control. The only connection to Zanzibar was the lease, and one of the conditions of Zanzibar's independence at the same time as Kenya's was ceding any claim to the leased land to the new country of Kenya. If you want proof that Mombasa was part of the Kenya colony, just look at any historical map before Kenya's independence.

OBJECTION: It is claimed that Mombasa was not part of a Coast Province of Kenya because of the Zanzibar issue.

TRUTH: In addition to refuting the Zanzibar claim, historical British documents do indeed prove that Mombasa was the capital of a region that was called the "Seyidie Province" or "Southern Coastal Province" from 1905 onward. As the Colonial Office report linked above indicates, this region was known as the "Coast Province" by 1960

OBJECTION: It is claimed that there is no documentation that the doctor on the ebay certificate was at the Coast Province hospital.

TRUTH: While no document tying Dr. James O.W. Ang'awa to the hospital has emerged yet, he was definitely practicing medicine in Mombasa in 1961."

http://www.freerepublic.com/focus/f-news/2334237/posts

WOSG, Obama is going down one way or another for all his lies and deceit.

206 posted on 09/10/2009 9:14:53 PM PDT by Red Steel
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To: WOSG
5. The footprint on the document appears nearly perfect in definition; real infant footprints typically show signs of smudging because of foot movement.

6. The footprint on the document is densely black, revealing few natural lines on the sole of the foot; footprints used for document identification are typically inked much lighter to allow for natural lines to be clearly apparent.

It looks like a real baby footprint...natural lines are clearly apparent. Smudges, who says all baby ink foot prints have to have smudges - LoL!

BTW, Corsi came out with another article later on about this subject. I see you didn't post that one. Snicker*

207 posted on 09/10/2009 9:23:02 PM PDT by Red Steel
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To: Boiler Plate

The point, is that Obama cancelled or severly curtailed production. I am not saying that the next president will not do the same, but in the interim, anything that he stopped, cancelled, closed, appointed, or signed, will become null and void. It did not happen, because he would not be qualified to sign for it, or appoint it, or cancel it or close it, or have it stopped. He would not have the authority, which is my WHOLE point. Nothing more.


208 posted on 09/10/2009 10:10:54 PM PDT by etraveler13
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To: WOSG
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 ...",

Yeh right. What she meant was that his birth certificate was born there in the clerk's office in Honolulu. And by "vital records" she means his "living documents" -- documents that are ever changing and evolving and morphing into whatever is needed at the moment. She will be eating her words quite soon and choking on her doubletalk.

209 posted on 09/11/2009 4:56:36 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: Red Steel; WOSG
Obama is going down one way or another for all his lies and deceit.

And he is going to take a lot of co-conspirators with him.

210 posted on 09/11/2009 5:03:00 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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Comment #211 Removed by Moderator

Comment #212 Removed by Moderator

To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

~~PING!


213 posted on 09/11/2009 8:33:57 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: kellynla; penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; ...

Though this is very positive news and we’re
gleeful to see it, I suggest reasoned caution
to everyone, certainly no gloating .. not in a
matter of such earth-shattering impact and so
rife with the potential for untold cataclysmic
consequences and an abundance of legal
choreography from the judiciary and the most
powerful and highly paid legal teams in the
land yet to play out.

Karma can be nasty.


214 posted on 09/11/2009 8:54:53 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: Boiler Plate
If the case goes forward, I’m betting that Obama will simply ignore the court’s order to produce the birth certificate.

That's not how it would work. The court would issue a suponea not to Obama, but rather to the state of Hawaii. Not only does that cut out the middle man so to speak, it maintains a valid chain of custody for the document.

215 posted on 09/11/2009 11:31:46 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Red Steel
Oh, looky, he has it in his hand.

I saw that, and thought, why isn't it locked up in the courthouse somewhere? Or maybe what he has in hand is just a copy, not the raised seal version, although on the videos taken at the courthouse, it certainly looked like the seal was raised.

216 posted on 09/11/2009 11:34:39 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

Wouldn’t that be nice. Kinda like having a untampered crime scene at Fort Marcy.


217 posted on 09/11/2009 12:04:26 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: etraveler13
That’s how it should work, however the reality is nothing happens till the contract offices say so. TO do work without a written NTO is insane under the best conditions. Then you have the following majors problems.
First of all, just who are the cancelled contracts vendors supposed to contact, the contract officers have disspeared or been reassigned? Do they just go to work and send the bill to the White House?
Second, the vendors have to try to rehire people that have gone to work elsewhere and restart lines of production, without funding to cover those costs.
In the end reality bites.
218 posted on 09/11/2009 12:22:44 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

That’s how it should work, however the reality is nothing happens till the contract offices say so. TO do work without a written NTO is insane under the best conditions.


When a contract is changed, or cancelled, it goes thru congress, and budget committees, and is signed by Obama, however, it started that process by Obama telling them to start it.

Then you have the following majors problems.
First of all, just who are the cancelled contracts vendors supposed to contact, the contract officers have disspeared or been reassigned? Do they just go to work and send the bill to the White House?


The contractor is not inexperienced in such matters. They work on funding schedules that end/begin in October. If funding stops, they redistribute people, or layoffs begin. No money, no work. Don’t kid yourself.

Second, the vendors have to try to rehire people that have gone to work elsewhere and restart lines of production,


One of the thoughtless things that happens is Loss of Legacy experience. When a program closes, or layoffs happen, key people, usually older ones, with a lifetime of experience are gone. Normally younger people learn from the older, more experienced ones. If the layoff lasts long enough, you lose this experience forever. It can take 2 generations to recover knowledge when this happens. Getting experienced people to come back is a problem too, the gifted ones have found work elsewhere, so your not generally going to be rehiring the best workforce, plus you just may have disgruntled workers. Another problem in and of itself.

without funding to cover those costs.
In the end reality bites.


That’s what happens when you let politicians run technology.
That is why we have to get Obama out of the White House if he is not supposed to be there, and have to be forevermore vigilant to the adherance of the Constitution for our Commander in Chief.


219 posted on 09/11/2009 2:47:51 PM PDT by etraveler13
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To: etraveler13
I believe there may be some confusion here. I was referring to contracts that were canceled that you feel will be reinstated.
It will be a disaster. The contracting offices as they are today can not accomplish the work they already have. They will simply shut down if Obama leaves office and the scenario you described comes about with current contracts being ended and canceled ones supposedly being reinstated.
220 posted on 09/11/2009 3:08:37 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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