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Shocker! Judge orders trial on eligibility issue
WND ^ | 9/8/09 | staff

Posted on 09/08/2009 2:15:45 PM PDT by pissant

A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution.

If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to one of the attorneys working on the issue.

In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had.

In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent defendants Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, were restored as plaintiffs.

But the judge did not immediately rule on Taitz' motion to be granted discovery – that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case.

(Excerpt) Read more at wnd.com ...


TOPICS: Breaking News; Crime/Corruption; Extended News
KEYWORDS: article2section1; barackobama; bho44; birthcertificate; birthers; certifigate; colb; communistcoup; larrysinclairlsover; naturalborn; obama; obamanoncitizenissue; orlytaitz; truthers
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Hopefully, Carter will justify WND's optimistic headline.
1 posted on 09/08/2009 2:15:46 PM PDT by pissant
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To: LucyT

WND’s take on it


2 posted on 09/08/2009 2:16:07 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

What are other legal pros saying?


3 posted on 09/08/2009 2:19:07 PM PDT by woofie
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To: woofie

Most legal pros are kneepadding for the boy marxist.


4 posted on 09/08/2009 2:20:09 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Ruh-roh!


5 posted on 09/08/2009 2:21:18 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant

Why not just wait till he is out of office?


6 posted on 09/08/2009 2:22:08 PM PDT by Hattie
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To: pissant

How does one tentatively schedule a trial?


7 posted on 09/08/2009 2:22:29 PM PDT by brewcrew
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To: Hattie

LOL. And let the commie stooge continue to pretend to be president?


8 posted on 09/08/2009 2:23:09 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant
Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government , following discussion over Taitz' challenge to the work of a magistrate in the case.

What business is it of the "U.S. Government"? This case is against Obama as an individual. Why should our tax money and resources be used to defend a possible criminal who has plenty of his own money to spend and numerous lawyers to defend his position? That STINKS!

9 posted on 09/08/2009 2:23:18 PM PDT by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: pissant
Hopefully, Carter will justify WND's optimistic headline.

It looks to me that WND's article is accurate as to the headline. As I said in the Keyes v Obama thread, if these court reports are accurate, then this is a very significant move forward.

10 posted on 09/08/2009 2:24:11 PM PDT by snowsislander (NRA -- join today! 1-877-NRA-2000)
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To: pissant

Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.”

So, Oct 5, the Judge can dismiss...pertaining to the motion to dismiss, on what grounds, besides deity? are there any docs out there to look at?


11 posted on 09/08/2009 2:24:23 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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To: Don Corleone

and to think he could have saved Judge Carter all the grief of a trial and saved the US taxpayers all the $$ if he just put a toll free call into the Hawaii Vital Records Dept.


12 posted on 09/08/2009 2:25:06 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant
WOW!!! So the judge (a Clinton appointee heard enough to not grant dismissal. KEWL! Now we've gotta wait another month for the next hearing before Judge Carter. Patience, folks. All the more time to present rock solid arguments.
13 posted on 09/08/2009 2:25:22 PM PDT by Diver Dave (Of all the things I've ever lost, I miss my mind the most)
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To: pissant

For reference:

http://en.wikipedia.org/wiki/David_O._Carter


14 posted on 09/08/2009 2:25:34 PM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: pissant

As always, praying for the best while expecting the worst. I hate to be a pessimist but we have been down this road before and so many people have so much $$ invested in Hussein-Soetoro.
I fear the judges inability to rule on the MTD telegraphs his intent to wriggle out of this if the heat gets to be too much.
*fingers crossed*


15 posted on 09/08/2009 2:25:58 PM PDT by JerseyDvl (Since they call Bush, "Dubya" then I must insist on calling Barry, "Hussein" *2009=1984 on steroids*)
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To: pissant
But the judge did not immediately rule on Taitz' motion to be granted discovery ... Nor did Carter rule immediately on a motion to dismiss the case...

Guess he needs to "consult" with Grand Poobah Holder, or get the appropiate bribe from Rahm-bo.

16 posted on 09/08/2009 2:26:01 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant

“President Obama’s defenders also said they would file a motion seeking to block any discovery of evidence at this point.”

WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY?


17 posted on 09/08/2009 2:26:25 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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To: pissant
Whoo Hoo! Praise the Lord, another VICTORY; this is a direct answer to prayer. Finally a judge who has the courage to uphold the U.S. Constitution!!!!!!!!!!!!!!!!!!

I know a lot can happen between now and the trial but the good news is this ruling forces Obama the Kenyan to PROVE that he is a NATURAL BORN American citizen as required by the Constitution of the United States! No more hiding his $15 long-form birth certificate, no more hiding behind $1.5 MILLION DOLLARS in lawyer fees just to keep it hidden!

18 posted on 09/08/2009 2:27:17 PM PDT by Jmouse007 (Thank you)
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To: pissant

Actually...ordering a trial is good news...since the judge believes that there is merit to the case

Puzzled as to why he did not allow discovery, yet. Discovery on this case would immediately open up those files Obama wants to keep sealed.

He may want to do discovery rulings on each item....birth cert., hospital records, school records. The release of some items have more individual rights protections than others (school records are the toughest)

The REAL good news is that we will learn, from Obama’s lawyers filings....what Obama REALLY wants to hide. A permitted lawsuit will make these filings public...


19 posted on 09/08/2009 2:27:34 PM PDT by UCFRoadWarrior (Isolationism and Protectionism make a stronger nation than Idealism and Globalism)
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To: jessduntno

“Why?”, you ask?


20 posted on 09/08/2009 2:28:15 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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