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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: Morgana

Did Glen Beck say he had a “big surprise”? If so, this could be it.


61 posted on 09/09/2009 10:03:18 PM PDT by no dems (GOP Ticket for 2012: Sarah Palin and a Conservative Male with a Hispanic surname.)
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To: kellynla; All

Is this correct? With his father being a ‘foreigner’ doesn’t that already dismiss him from being ‘natural born’.


62 posted on 09/09/2009 10:03:24 PM PDT by presently no screen name
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To: MestaMachine

...”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.


63 posted on 09/09/2009 10:04:13 PM PDT by Semper Mark ("The future ain't what it used to be." - Yogi Berra)
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To: Red Steel

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.


64 posted on 09/09/2009 10:05:36 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

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.


65 posted on 09/09/2009 10:05:43 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Boiler Plate

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.


66 posted on 09/09/2009 10:06:08 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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To: vigilante2
So?...If Judge Carter requests the documents from Hawaii, passport agency, schools, and colleges, there is nothing Obama can do about it?

Gee! That wonderful!

67 posted on 09/09/2009 10:06:39 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: presently no screen name

It most certainly would, but you saw how well that went last time.


68 posted on 09/09/2009 10:07:28 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

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?


69 posted on 09/09/2009 10:07:53 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: presently no screen name

“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!


70 posted on 09/09/2009 10:07:59 PM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: Boiler Plate

This is where Dr. Edwin Viera said the Joint Chiefs of Staff may get involved to remove Obama.


71 posted on 09/09/2009 10:08:27 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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To: Boiler Plate

Just wondering if this judge would bring it up. No need for any documents then.


72 posted on 09/09/2009 10:08:58 PM PDT by presently no screen name
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To: SatinDoll

True, but how well does that work ID’ing a grown man?


73 posted on 09/09/2009 10:09:44 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: Frantzie
" Hawaii has not really vouched for him being born there. "

There was a artcle here on FR a few months ago of a ex C.I.A. agent talking about the birth certificate.

The only thing that the Hawaii state officials said in spite of what the MSM and Keith Olberman says, the Hawaii official said that they ONLY verified that there is a birth certificate on file and that they have seen it, no were did they say that he was born in Hawaii or a natural born citizen.
74 posted on 09/09/2009 10:09:52 PM PDT by American Constitutionalist
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To: presently no screen name

The answer to your question is "Yes, with proper interpretation of history". But "original intent" appears to up for the highest bidder these days. "Dual allegiance" should be a winnable case. But "foreign birth" is a slam-dunk case. I'd be more proud if clear allegiance and jurisdiction won the day; but I'll happily accept justice being served by recognizing foreign birth.


75 posted on 09/09/2009 10:10:27 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: kellynla
Yeaaaaaaaaaaaaa...Ann Coulter has been reeeeeeeeeeeeeeeel quiet since yesterday now hasn't she...
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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.

76 posted on 09/09/2009 10:10:27 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Red Steel

He has more credibility than Obama does.

Little doubt about that! Thanks for the info.


77 posted on 09/09/2009 10:12:17 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Frantzie
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."

Obama in heepuh trouble.

78 posted on 09/09/2009 10:12:48 PM PDT by Red Steel
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To: American Constitutionalist

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.


79 posted on 09/09/2009 10:13:00 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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To: Boiler Plate

Good question.

Needs to be researched, but I wouldn’t think that prints change that much with growth and age, other than scarring.


80 posted on 09/09/2009 10:13:18 PM PDT by Semper Mark ("The future ain't what it used to be." - Yogi Berra)
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