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.
Did Glen Beck say he had a “big surprise”? If so, this could be it.
Is this correct? With his father being a ‘foreigner’ doesn’t that already dismiss him from being ‘natural born’.
...”no one will be talking about health care after whatever it is.”
I hope he’s going for the throat!
Can’t/won’t miss it.
He could have all of the records moved to the National Archives. I do not believe he will go down easily and we already know that he does not feel constrained by the constitution much less, legalities or court orders.
This birth certificate Smith has, and now Taitz has, is interesting in that it has baby Obama’s footprint on it.
I believe the court can order the President to provide a footprint, and he must do so.
I have said all along that Hillary took SoS so she could be 5th in line.
Hussein, Joe, Pelosi, Byrd (ailing) and Hillary. Hussein, Joe and Nancy have “dirty hands” in this matter. Joe might be okay. Byrd is in bad shape.
Gee! That wonderful!
It most certainly would, but you saw how well that went last time.
He could have all of the records moved to the National Archives. I do not believe he will go down easily and we already know that he does not feel constrained by the constitution much less, legalities or court orders.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
What would happen if he destroyed the evidence?
“Is this correct? With his father being a ‘foreigner’ doesn’t that already dismiss him from being ‘natural born’.”
Apparently not...any ol’ “anchor baby” can be POTUS these days...
Is this a great country or what!
This is where Dr. Edwin Viera said the Joint Chiefs of Staff may get involved to remove Obama.
Just wondering if this judge would bring it up. No need for any documents then.
True, but how well does that work ID’ing a grown man?
Ann didn't just disagree. She **insulted** us by calling us cranks. She use the KKK as an example to imply that we were a tiny minority of the population.
I am still furious with her. Have read a thing she's written since her insult.
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."
Obama in heepuh trouble.
Thanks for posting that. Yeah HI has been hedging all along. My guess is there may be a COLB showing he was born outside of the USA.
I wonder what docs he provided to Occidental and others to get a foreign student scholarship.
Good question.
Needs to be researched, but I wouldn’t think that prints change that much with growth and age, other than scarring.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.