First, Clinton, or any of the other democratic primary contenders would have had standing. McCain would had standing.
Second, Alan Keyes didn’t have standing in a case against McCain. Whether Judge Carter will find that he has standing isn’t yet determined, since Orly only just this week finally served the defendants. They’ll file the motion to dismiss in about 60 days, and after that, we’ll find out whether this judge thinks Keyes has standing.
Third, Red Steel said, “At least his case will have a motion for discovery hearing on September 8th.”
I’m afraid that reports of that hearing have been greatly exaggerated and incomplete at the same time. According to the judge’s order, there are four different things to be heard on September 8:
(a) Orly’s motion to recuse Judge Nakazato. Since he struck her motion for not following the rules, he must be biased against her.
PREDICTION: She’s not going to win that motion because she did not follow the rules. There is no bias in applying the rules.
(b) Whether Orly has properly served the Defendants yet. When the Judge filed that order, she had still (!!!) not yet properly served defendants. It appears that she may have finally properly served them, although her proofs of service still have technical problems.
PREDICTION: The judge is going to accept the service, since the defendants accepted the service, regardless of the technical problems with her proof of service.
(c) Robinson & Drake’s Motion accusing Orly of improperly attempting to dismiss them from the case when they asked to substitute Gary Kreep as counsel.
PREDICTION: This is not going to be pretty for Orly. Kreep is going to appear on behalf of Robinson and Drake and accuse Orly of improper actions, and if their exhibits hold up during the hearing, it’s not going to be a good result for Orly.
(d) Orly’s motion to review Judge Nakazato’s order striking her motion for pre-Rule 26 discovery based on the photo of the Kenyan birth certificate she submitted.
This motion is not for general discovery. It’s a motion for the judge to make an exception to the general rule to let her take discovery before the standard time, and before defendants have even responded to her complaint.
The motion seeks to(i) compel Secretary of State Clinton to testify in a deposition about Passport files and (ii) issue letters rogatory to Clinton to transmit to Kenya seeking vital statistics information.
Orly’s basis for the motion is, apparently, that the deposition needs to take place before someone is killed, citing to the unsolved murder of the State Department worker involved in the passport tampering incident last year.
PREDICTION: The Judge is not going to grant a motion to let Orly depose the sitting Secretary of State, before defendants have even responded to the complaint. We don’t even have a treaty with Kenya that would make any letters rogatory applicable.
In other words, September 8 is not going to be a redletter day for Orly, least not in a positive way.
So our only hope for this moving forward are that Clinton or Keyes will have standing? It doesn’t look good, Yogi.
I read somewhere she corrected the filing mistake and resubmitted the questionable Obama BC to the court for authentication?
b) Whether Orly has properly served the Defendants yet. When the Judge filed that order, she had still (!!!) not yet properly served defendants. It appears that she may have finally properly served them, although her proofs of service still have technical problems.
How hard is it to re-serve the defendants? I do not think it would be. Someone should ask Orly about this.
PREDICTION: The judge is going to accept the service, since the defendants accepted the service, regardless of the technical problems with her proof of service.
As I recall, Obama used the Secret Service as a firewall to keep from being served at the White House, and the server was told to go to the State Department to drop it off there. Later, the Obama lawyers argued Obama was not properly. Appears to be a BS maneuver to avoid justice. The judge should take this into account.