Judge dismisses Cal. eligibility challenge - Plaintiffs promise appeal of ruling protecting Obama

WND ^ | 10/29/09 | Bob Unruh

[pissant]

A California judge has dismissed a complaint challenging President Obama's eligibility to be president citing the "birth certificate from the state of Hawaii" that apparently refers to an Internet image of a "Certification of Live Birth" released during Obama's campaign.

The ruling came this morning from Judge David Carter who as WND reported last night apparently recently hired a law clerk out of the law firm that has been paid nearly $1.7 million to defend Obama from such eligibility challenges.

A Wikipedia page has been cited by dozens of bloggers after it listed Siddarth Velamoor as one of the newest law clerks for Carter – who today released his ruling dismissing the complaint in the Barnett v. Obama case in the Central District, Southern Division Court in Santa Ana, Calif.

Velamoor is also listed in the Martindale lawyer database as an associate of international law firm Perkins Coie, the same law firm of Robert Bauer – top lawyer for Obama, Obama's presidential campaign, the Democratic National Committee and Obama's Organizing for America – and the same Washington, D.C., lawyer who defended President Obama in lawsuits challenging his eligibility to be president.

[Grunthor]

“Not only no proof, but no evidence.”

Yet. But I remain hopeful.

[Lurking Libertarian]

It’s obvious that Judge Carter was made an offer he couldn’t refuse. This decision was made at the barrel of a gun, not based on the rule of law.

Have you read Judge Carter's decision? Do any of the precedents he cited not stand for the propositions he said they stood for?

[rxsid]

The ORDER can be found here:

http://www.scribd.com/doc/21817976/Barnet-v-Obama

[justiceseeker93]

..understand that Obama is a natural born citizen.

Well, what's the evidence for that? It's more the case that these people are afraid to deal with the potential fallout of what is likely the biggest hoax in American history.

[rxsid]

"It's more the case that these people are afraid to deal with the potential fallout of what is likely the biggest hoax in American history."

Completely agree with that!

[tired_old_conservative]

Exactly.

I think it would behoove everyone to just calm down. I understand that people feel strongly about this, and thus feel bad about the outcome. As a fellow human being, I can sympathize. But rationally, feeling strongly about something does not in and of itself equate to having an actionable case under the law. There are good reasons for that. And calling judges traitors for reaching a rational decision based on well-established precedents simply discredits your cause.

As I've said before, the best way to pursue this if you feel strongly is to get states to pass laws for certification requirements in 2012. I doubt that will do it, either, because the facts on the table so far indicate his long form probably says he was born in Hawaii. But if you want to know, that's the best path forward.

[pissant]

Conservatives don’t believe the marxist idiots at FactCheck and Media Matters.

[circumbendibus]

Well, I guess attention shifts back to Philip Berg, who has been after Obama’s ineligibility issues the longest. He was supposed to have a hearing in front of a three-judge panel at the 3rd Circuit Court of Appeals on Oct 26th but the Court accepted the arguments in writing instead.

His should be next NBC case ruling we hear about.

Leo Donofrio, Mario Apuzzo, Orly Taitz, and Gary Kreep, and Mr. Berg are to be commended and supported for their efforts to uphold the Constitution against this gangster government.

[mono]

patriot 88

Your reply to my post is so creative. Orly should hire you as an intern. Lighten up, my brother.

[texteacher]

“It seems to me that we should get a strong pubbie state (maybe Utah) to pass a law that all presidential candidates must present their long form birth cert to be able to be included on the presidential ballet,...

I was thinking along the same lines, however I believe Texas and Florida need to take the lead in making sure candidates in the primaries meet the necessary requirements for eligibility.
All records should be shown not just a birth certificate.

[rocco55]

I did not read the entire ruling, but judging from the introductory comments, are we to believe that Orly submitted “actual” documents (like Lucas Smith BC, etc.) along with Kenyan born article, etc., and the judge made his decision based on an “internet image” posting ?

Seems unconscionable ? Can’t Orly request to have that document submitted as evidence ? The State of HI has NEVER admitted to even releasing the COLB in 2008 !

This is “SO” disheartening !

[rxsid]

From the ORDER:

"Plaintiffs argue that despite the fact that President Obama has produced a birth certificate from the state of Hawaii" [Ed. What about the digital image's authenticity? What about BC's for foreign born baby's? What about amended BC's?]

"Because Plaintiffs failed to bring their claims in this Court until after President Obama was sworn into office, the Court has been presented with much more than an action against apolitical candidate asking the Court to interpret the candidate’s qualifications to run for office. Instead, Plaintiffs ask this Court to declare that the current President of the United States is illegitimate and fails to meet the constitutional requirements to hold office. In their Motion to Dismiss, Defendants challenge the ability of the Court to hear Plaintiffs’ claims and redress their alleged injuries through the removal of the sitting President."

"The Court must establish that it has jurisdiction before it may reach the question of interpreting the natural born citizen clause of the Constitution."

This statement is found in the SCOTUS brief overview:

"Jurisdiction. According to the Constitution (Art. III, §2): “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution"
http://www.supremecourtus.gov/about/briefoverview.pdf

Apparently, "we" are all supposed to believe the party line that a question specific to Article II, Section 1 Clause 5 in the CONSTITUTION is something the "judicial" branch can not address. Stunning!

Two Words: They're Afraid!

[trumandogz]

Well, I guess attention shifts back to Philip Berg, who believes that George W. Bush and Dick Cheney should be prosecuted for the 9/11 Terrorist Attacks.

Here is an example of one of Phil Berg’s writings:

“Bush and his cronies made 9/11 happen or let it happen. And, if they let it happen, then they made it happen. Either way, they are responsible; and more important, they have completely and unequivocally covered-it-up!”

“Now, it is time for world leaders to take the lesson learned from Iraq and issue a warrant for the arrest of George W. Bush and Richard Cheney; arrest them; take them to a neutral country; try them for the murder of over 2,800 people from more than 80 countries on 9/11/01 and, when found guilty, sentence them appropriately. Jurisdiction would be proper in any of the more than 80 countries whose citizens were murdered on 9/11.”

http://www.rinf.com/columnists/news/philip-berg-seeking-the-truth-of-911

[patriot08]

-

Shoveling sh*t for the DNC

[rxsid]

"the judge made his decision based on an “internet image” posting ?"

He clearly based (part of) his decision on Barry "internet image" posting. So even IF Orly did submit and internet image, why would he consider 1 internet image to be prima facia (if you will) over the other? Definitely inconsistent if that's the case.

[Red Steel]

It’s an ala carte buffet for judges to pick and choose.

Hypocritical.

[mojitojoe]

In appearance the flowers of the Ylang-Ylang are not impressive. It is its fragrance that makes it such a great tree to have. The flowers of this tree are regularly used in the perfume industry and is said to be the key ingredient in Chanel #5. It won't be long until you too can enjoy the fragrance, it is an early bloomer and you will see flowers when the tree is still relatively small. It likes the heat and grows and blooms during the warm season. Cananga odorata is a fast grower and will quickly reach a mature size. The branches are known to be brittle and break easily so protection from strong winds is recommended. Cananga is a tropical tree, it likes warm weather but it can survive in low temperatures around freezing for short periods of time

[deport]

Or another photo could be described as whor’n for Orly....... couldn’t it?

[BP2]

Guys, Judge Carter has helped more than is readily apparent.

Remember that Berg's, Orly's, Donofrio's and Wrotowski's filings at the SCOTUS were "dismissed" without comment late last year and in January.

Well, we have a LOT of "comment" from Judge Carter and he's actually HELPED quite a bit, when considering from a legal standpoint this case was a long-shot in his Jurisdiction and with the current interpretations of the Standing and "injury" to the plantiffs.

I point again to some of Judge Carter's final comments on Oct. 5: (from the 10-05-08 WaveyDavey report):

He turned to plaintiffs and said, I'm most
concerned about standing.

To the defendants he said, I'm most concerned
about justicability, correct venue, political question,
and how far do the courts go.

He turned back to plaintiffs and said, if I rule
against you on standing, I would suggest ways to address
that issue in the future.

A LOT of the "game" in front of the judge is knowing how to frame the question. Judge Carter has helped to define the barriers — and those barriers CAN be breached on Appeal — IF the attorneys argue the correct Case Law to redefine the judges' objections.

[Canadian Outrage]

I agree with you Joe. The time is NOW. This bunch of thugs don’t care what the masses do or how much they protest. They have literally seized COMPLETE power. They don’t care about the wishes or voices of the people because they don’t have to. They need to be REMOVED. History has never shown a tyrant or Communism to be removed peacefully. Never. CO