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Judge Carter Ruling on MTD
scribd ^ | 10/29/09 | Judge Carter

Posted on 10/29/2009 10:19:10 AM PDT by Elderberry

Judge Carter Ruling on MTD


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: article2section1; birthcertificate; birthers; carter; certifigate; naturalborncitizen; nbc; obama; obamaisfafraud; obamathugs; orly; orlytaitz; romney4obama; romneyantigop; romneybotshere; romneybotsvsbirthers
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To: Elderberry

61 posted on 10/29/2009 10:48:40 AM PDT by Brown Deer
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To: OldDeckHand
Ruh-roh. For Orly, this could be the most important paragraph in the ruling. Very ominous. For the lay people out there, it's never good when the court is "deeply concerned" that an attorney of record may have suborned perjury. It makes me wonder if a criminal investigation isn't coming, or already underway.

If I were a bookie, I'd start taking odds on how long it will take Orly to get disbarred.

62 posted on 10/29/2009 10:49:36 AM PDT by curiosity
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To: chris37

“This “cut and run” call to lay down arms and leave this country defenseless is an effort by Plaintiffs to emasculate the military. “

Judge Carter


63 posted on 10/29/2009 10:49:38 AM PDT by kukaniloko
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To: Just mythoughts

OIC....you were injecting religion into the story...sorry I am a little slow on the uptake today.


64 posted on 10/29/2009 10:49:58 AM PDT by Grunthor (Thank YOU George Bush, for giving us the GOP of today!)
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To: Brown Deer

no need to insult Sgt Carter.


65 posted on 10/29/2009 10:50:05 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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To: kukaniloko
"His 2012 opponents likely have standing on certain causes of actions pre-election."

No question. If the RNC or the Republican nominee wanted to explore this controversy, and to litigate it, standing,justiciability to include the courts ability to provide a remedy, would all easily be met. The case would be heard and decided entirely on its merits. And, it's a case that could be hear in either federal courts, or any of the other 50 state courts. Challenges to ballot access are litigated all the time.

66 posted on 10/29/2009 10:50:27 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: MilspecRob

Seems rather convoluted to me to state you’re honoring the Constitution by ignoring it’s tenets regarding eligibility as it relates to the presidency.

As for other courts and their rulings, they were tasked with making judgments based on the facts before them. So is Judge Carter. What those other judges decided, has no bearing on this case.

Either the facts support the plaintiff’s argument, or they don’t. That’s all the judge should address here.

This guy was looking for any excuse. His Constitutional argument was silly. I believe his admonition regarding other courts was also silly.

“But your honor, here’s the video of the defendant plunging the knife into the victim’s back with his own hand.”

“Look, other courts have acquitted murder defendants. Aren’t you disrespecting those courts by bringing this case before me? Why yes, I believe you are. Dismissed.”

When it comes to the top officials in this nation, there really isn’t any governing law. They can do whatever they please. In this case our Constitution was given the same weight as any worthless bit of paper in the local dump.


67 posted on 10/29/2009 10:51:23 AM PDT by DoughtyOne (Unseal the lock box containing every document pertaining to Obama's life, TODAY!)
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To: Perdogg
I believe that the plaintiff didn't have standing to begin with, only the candidates

Plaintiff Keyes was a candidate.

Are we certain this is real? It's not like we haven't seen forgeries and other false documents in these cases. Nothing at http://www.orlytaitzesq.com/ yet.

68 posted on 10/29/2009 10:51:39 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: bergmeid

So what happens if Superbozo runs for a second term? Will we get to prevent him from taking office then since we seem to have no standing now? Or will he get to run purely and merely because he completed a first term, albeit fraudulently in the minds of many people?
_______________________________________________________

We need to start work on changing the election laws in as many states as possible to require more than just a signed statement certifying that candidates are eligible. We need some kind of independent verification process outside of the parties (DNC, RNC, etc.).


69 posted on 10/29/2009 10:51:52 AM PDT by ConjunctionJunction
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To: kukaniloko

The country is defenseless.

We are done, stick a fork in us.


70 posted on 10/29/2009 10:52:01 AM PDT by chris37
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To: etraveler13
next step, Quo Warranto..

Yes! I propose a Clarion Call to a huge Patriotic Group of Constitutional Attorneys to band together and put the egos and petty differences aside and get an office in D.C. and start a huge concentrated effort to process the Quo Warranto Law and confront Obama. Start the process and go up to SCOTUS again, or have it dealt with through Congress, whatever the path is. I make a plea for Leo Donofrio, Ed Vieira, Orly Taitz, Gary Kreep and any other Patriotic Conservative attorneys to band together, pool their talents and resources and start the Quo Warranto process as soon as possible. I'm thinking a major push, a Ken Starr Special Prosecutor type effort to push this along. Get 50 attorneys, 100 paralegals, get a huge office in Washington D.C. and give it the biggest full court press you can. If the word got out this was happening, people would donate a Lot.

Is this an extreme idea? Was it extreme that the MSM and the powers at be elected a Manchurian Candidate communist last November who is constitutionally not qualified to serve as President of the United States and be Commander in Chief of our Armed Forces? Is your Country worth it? Does the Constitution still matter? I look at my 10 yr old Grandson and think what is the country going to be like when he's my age if this communist "progressive" system takes over the country?

71 posted on 10/29/2009 10:52:19 AM PDT by Art in Idaho
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To: Elderberry

It says “ Defendants motion to dismiss is granted.”


72 posted on 10/29/2009 10:53:03 AM PDT by Non-Sequitur
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To: Elderberry

I only read parts of the ruling.

This court considers Obama to be POTUS, solely because he was sworn in as POTUS. (I disagree with the judge, but the judge puts a LOT of emphasis on the swearing-in ceremony). Obama’s removal would then have to be by Congress. Because Obama is now POTUS (in this court’s opinion), Alan Keyes no longer can demonstrate injury, and thus does not have standing.

There are some very positive things here, things that will work in favor of discloure of the BC in an appeal.

First - the case was dismissed because this judge felt that he lacked jurisdiction to take action against another branch of the government. Implication is that a higher court might have jurisdiction.

Second - he discusses that, as a candidate, Alan Keyes, DID have standing, even though he was a minor candidate. The judge seemed particularily concerned that this suit wasn’t filed until after the swearing-in ceremony (Orly and Kreep are responsible for this delay). IMHO - This will make it very difficult for Obama to run in 2012 without disclosing his BC.


73 posted on 10/29/2009 10:53:16 AM PDT by kidd (Obama: The triumph of hope over evidence)
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To: MilspecRob
Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism. Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.

Ouch! That's gotta sting.

74 posted on 10/29/2009 10:53:39 AM PDT by Drew68
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To: chris37

Have a little bit more optimism for your country and the military protecting us.


75 posted on 10/29/2009 10:53:41 AM PDT by kukaniloko
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To: Elderberry

Sounds like Judge Carter was more of a political patsy than a Marine. Bet the Obama Admin found out everything that was in Carter’s closet...must be some underage boys somewhere

There is nothing more BS than “standing” or “not having standing” in a court of law. Anyone who voted in the last election would have standing in a case regarding Obama’s birth certificate.

As a former attorney-colleague told me regarding to “standing” in the courts: “Depends how much drinking the judge did the night before”

I am sure all those ENABLING OBAMA are a little more happy now....nothing like faux-cons who do everything to keep a non-qualified person in the White House. Anyone who smites or criticizes those who want to know the truth about Obama’s birth is ENABLING OBAMA


76 posted on 10/29/2009 10:54:27 AM PDT by UCFRoadWarrior (The Return of America)
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To: pissant
I’m sure the appeal will be filed withing days

Maybe Orly will see if she can earn herself $20,000 in fines from Judge Carter as well.

77 posted on 10/29/2009 10:55:08 AM PDT by Drew68
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To: MilspecRob
Once again, the predictable happened.

And now the tough gutsy marine judge will be called a spineless sellout who was intimidated by the Obama machine.

78 posted on 10/29/2009 10:55:25 AM PDT by El Sordo
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To: Elderberry

It’s all ok:

I just received a call from Orly Taitz, my attorney in the case seeking proof of Obama’s eligibility for the Office of President of the United States. Judge Carter has release a statement declaring that the dates he set for the hearing and trial on the eligibility issue are confirmed, and it will move forward as scheduled. Apparently he was not swayed by the Obama lawyer’s arguments.

Alan Keyes, October 7, 2009


79 posted on 10/29/2009 10:55:25 AM PDT by kukaniloko
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To: LucyT

Thanks for the update, LucyT.

Ping.


80 posted on 10/29/2009 10:55:28 AM PDT by Iowan
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