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Judge Carter Grants Motion to Dismiss
http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD ^

Posted on 10/29/2009 9:09:12 PM PDT by humble and shy

Well, it appears Orly Taitz's latest challenge against Pres. Obama's birth certificate has been thrown out of court.

Judge David. O. Carter's decision was announced Thursday morning. Judge Carter wrote in his decision that the Plaintiffs had asked the court to "effectively overthrow a sitting president who was popularly elected by We the People, sixty-nine million of the people."

I am heartbroken. No one is willing to stand up against this man. Here was a judge who said virtually nothing would stop this case from moving forward, yet now...it is clear someone got to him. I am losing hope for this great country that my father fought and died for, that our sons and daughters are fighting and dying for. I have no words except to say,

Dear Heavenly Father, please help us, save us. We need Your divine intervention for there are those of us who love You and hold You dear to our hearts. This man and those that surround him are not true to You. Please, we ask you Dear Lord, to guide us and show us the way and remove this man from power before he destroys what is left of what You gave us and blessed us with. Please, Lord, please, bring us into the light. Your children need you now. Please hear my prayer and save our great nation. In Your name I pray, Amen.


TOPICS: News/Current Events
KEYWORDS: birthcertificate; birthers; certifigate; orlytaitz; whackamole
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1 posted on 10/29/2009 9:09:13 PM PDT by humble and shy
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To: humble and shy

If there’s anyone with moxie enough to bring such a case it is Orly.

If there’s anyone with brains addled enough to screw up such a case it is also Orly.


2 posted on 10/29/2009 9:12:19 PM PDT by HiTech RedNeck (ACORN: Absolute Criminal Organization of Reprobate Nuisances)
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To: humble and shy
"Judge David. O. Carter's decision was announced Thursday morning. Judge Carter wrote in his decision that the Plaintiffs had asked the court to "effectively overthrow a sitting president who was popularly elected by We the People, sixty-nine million of the people."

I guess the rule of law doesn't matter to this judge. Obama can clear the matter up once and for all by producing the document.

3 posted on 10/29/2009 9:14:44 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
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To: All

Please stop by the FReepathon thread and give it a bump. If you haven’t donated yet, please give it some thought.

Thank you!


4 posted on 10/29/2009 9:15:35 PM PDT by ButThreeLeftsDo (FR.....Monthly Donors Wanted.)
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To: humble and shy

You think Bummer might offer her a consolation prize of being the czar(ina) of sumfin?


5 posted on 10/29/2009 9:15:55 PM PDT by HiTech RedNeck (ACORN: Absolute Criminal Organization of Reprobate Nuisances)
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To: blackbart.223

The same kind of nonsense came out of Judge Land... because that is the only thing that was fed to the court on the matter. Orly didn’t have it together well enough to furnish corrections of such obvious civics errors, instead going off on tangents.


6 posted on 10/29/2009 9:17:49 PM PDT by HiTech RedNeck (ACORN: Absolute Criminal Organization of Reprobate Nuisances)
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To: humble and shy

guess the only reason they agreed to hear the case was to dismiss it.


7 posted on 10/29/2009 9:17:57 PM PDT by the invisib1e hand (Fight for it or lose it.)
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To: humble and shy
Sigh<.b> -- Obama is to America what Zod was to Krypton...
8 posted on 10/29/2009 9:20:43 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: the invisib1e hand
guess the only reason they agreed to hear the case was to dismiss it

Bingo. It was a con from the get.

Carter's just another government employee. He knows who his master is.

9 posted on 10/29/2009 9:22:46 PM PDT by Regulator (Welcome to Zimbabwe! Now hand over your property....)
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To: humble and shy

There are cases other than Orly’s. But...I’m convinced that even if Obama held a prime-time news conference to announce/confess that he was indeed NOT a naturalized citizen, we still wouldn’t be able to oust him. Far too many would remain committed to “The One”.


10 posted on 10/29/2009 9:24:11 PM PDT by Kimberly GG (Sarah Palin - Supports a "path to citizenship" for illegal aliens. "path to citizenship" IS AMNESTY)
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To: HiTech RedNeck
"The same kind of nonsense came out of Judge Land... because that is the only thing that was fed to the court on the matter. Orly didn’t have it together well enough to furnish corrections of such obvious civics errors, instead going off on tangents."

While I think Obama's eligibility is in question I don't think it will gain any ground. With any luck he will go the way Jimmy Carter did. A dismal failure. Let's hope he does not do too much damage in the wake.

11 posted on 10/29/2009 9:25:41 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
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To: humble and shy

To sum up: because a lot of people voted for an ineligible man he can do nothing about it. If somebody commits a crime, just get a mob to still endorse him and he won’t have to go to court and answer for the crime.


12 posted on 10/29/2009 9:31:09 PM PDT by Kandy
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To: humble and shy

“Here was a judge who said virtually nothing would stop this case from moving forward, yet now...it is clear someone got to him.”

Because we don’t like the effect of this decision does NOT mean ‘someone got to him.’ That implication is accusing Judge Carter of unethical, unprofessional, and illegal behavior. It is totally uncalled for.

When, exactly, did Judge Carter say ‘virtually nothing would stop this case from moving forward’ or anything similar? Never. He discussed the burdens of the parties, and spoke of the difficulty in getting a motion to dismiss granted. If the plaintiffs and/or their counsel inferred that it meant the case was absolutely going forward, it was wishful thinking, rather like claims that Obama would be sitting for a deposition and out of office in 30 days.

If the plaintiffs did not set out an adequately drafted and timely filed complaint, it is a reflection of them and their counsel, not the judge. The Order indicates that the plaintiffs over-reached in their complaint, and let internal squabbling delay their filing.

There may or may not be sufficient error in this decision for a reversal, but ad hominem attacks on the judge, who set out in his decision every aspect of the case presented, are totally inappropriate.

The burden is on the plaintiff(s) to set out a case sufficient to go forward to trial. The judge wrote a very lengthy opinion laying out the charges, the parties, and the law as he knows and has studied it. He strongly indicated that the law would have to be on the side of the defendants for a dismissal, but never went so far as to say
“virtually nothing would stop this case from moving forward.”


13 posted on 10/29/2009 9:43:14 PM PDT by EDINVA
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To: OneWingedShark
Nah.

General Zod was a tyrant who had public speaking skills.

Obama is a tyrant who has nothing of the sort.

I always think of Idi Amin when I see Obama's butt-ugly face on the TV.


14 posted on 10/29/2009 9:43:27 PM PDT by Prole (Please pray for the families of Chris and Channon. May God always watch over them.)
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To: humble and shy
This is very disappointing. I had higher hopes for Judge Carter. Maybe his new assistant got the word to him that he should rule in a particular way. I would have thought a Marine was tougher than that. Wish I knew what was behind his decision.
15 posted on 10/29/2009 9:44:52 PM PDT by Humal
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To: Humal

Yep, I would like to hear a little more about Carter’s change of demeanor in earlier reports. My first thought was that someone got to him also. That doesn’t mean he’s crooked, it just means, well, maybe he had this nice horse...


16 posted on 10/29/2009 9:56:31 PM PDT by callithump
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To: EDINVA

Excellent post. People rale against 0ba-Mao for wanting to be a dictator and then are disappointed when a judge doesn’t rule in his court like a dictator for something they want. This country is becoming a nation of right and left-wing fanatical raving kooks.


17 posted on 10/29/2009 10:02:33 PM PDT by TigersEye (Democracy sucks!)
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To: humble and shy

i think we’re scary close to a friggin dictatorship.


18 posted on 10/29/2009 10:06:10 PM PDT by Babu
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To: blackbart.223

There is not one thing in that statement that needed a single court appearance by a single human being to determine. He could have told Orly to go away on that basis the day she came to his courthouse door.

This Judge and his court has clearly become stinkum contaminated.

Really, you read this “opinion” he says that someone who is ineligible has to be removed BEFORE being sworn in, because afterword the ineligible has somehow overcome his ineligibility and become eligible, and can only be removed by impeachment and conviction. In other words, he has ruled that the Constitution means no more than squat; it’s what you can get away with that counts.

Now, for the bright side. Since this Judge has said that it is not the business of the courts to remove a usurper President, once he has taken the Oath of Office, and that henceforth it is a political issue, not a legal one, then he has opened the door to popular action to remove the SOB.

It is up to “we the people” to do what is required to protect and defend the Constitution of the United States, given that our officials are obviously too short of cojones to bear the responsibility of their offices.

So. The Court says its up to us. Let’s do it.

How about surrounding the Congress and the White House permanently with rings of patriots?


19 posted on 10/29/2009 10:11:29 PM PDT by John Valentine
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To: humble and shy
Here was a judge who said virtually nothing would stop this case from moving forward...

Actually, it was one of Orly's supporters in the courtroom who said that Judge Carter said this, not the Judge himself. People who said that Judge Carter didn't actually say this were dismissed by Orly's supporters as trolls, O-Bots and Axelrod chinslurpers.

20 posted on 10/29/2009 10:17:16 PM PDT by Drew68
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