Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: tired_old_conservative
“Obama doesn't have to prove the negative. You have to prove he did something wrong. And let's see... Hmmm. To date you have no legally actionable cases a court will act upon even defined, let alone meaningful evidence to dispute any of the above.”

I disagree.

Judge Carter, after hearing oral arguement from Kreep and Taitz, said “I haven’t made up my mind yet.” That, in my view, indicated that it was a close decision and close decisions can be reversed on appeal, which is pending!

Further, Judge Carter refuted the DOJ contention that POTUS was exempt from quo warranto and specifically referred the plaintiffs to the DC District Court. In quo warranto the burden of proof would be on Obama, and just this week D’Onofrio announced that he will bring a quo warranto action in that court on behalf of the Chrysler dealers.

Unfortunately, (non-lawyer guessing here) D’Onofrio would be forced to abandon his quo warranto action if the Chrysler dealers accept an out-of-court settlement offer. I certainly hope that doesn't happen!

411 posted on 12/13/2009 8:52:43 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 294 | View Replies ]


To: Seizethecarp
“Judge Carter, after hearing oral arguement from Kreep and Taitz, said “I haven’t made up my mind yet.” That, in my view, indicated that it was a close decision and close decisions can be reversed on appeal, which is pending!”

So dicta are irrelevant, but one can read volumes into a judge simply being polite and dispassionate, which is his job. His opinion sure doesn;t read like a close call.

Cling to whatever hope you want. But no on versed in the law believes that appeal has a snowball's chance in heck. To believe that, you simply don't understand the reasons why dismissal was granted.

420 posted on 12/13/2009 10:29:38 AM PST by tired_old_conservative
[ Post Reply | Private Reply | To 411 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson