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 ...
precisely
You seem to be kind of new, but kind of knowledgeable.
What’s Obama’s achilles heel, you think?
Lucas Smith has a rap sheet for previous fraud. If Orly didn’t check on provenance, it will be yet another act of malfeasance on her part.
He’s still here. Where are the mods? What’s his IP?
I bet he’s actually from DC.
If the Judge orders discovery..something big is going to happen. Obama and his handlers can’t go through discovery.
I don’t know what will go down but it will be big.
This case isn’t going to go to trial, IMO.
But you do have a solid month of being an Obama troll on FR. Congrats, buttsniff
You have got to be kidding me. That question is about to go down in Freeper history.
Thank you for the correction. Indeed it would be incompetence. I haven’t reached a state of questioning for whom she is working.
Is that what's referred to as a "back-handed" compliment?
And you have a multi-month record of accusing anyone who disagrees with you of being an Obama troll ... Name calling will get you ... uhm ... no where.
Yeah, it’s at low ebb BUT not yet gone. The sanity (and sometimes INsanity - LOL) here at FR keeps me from going under. This is the most I’ve posted since officially joining, though I’ve “lurked” since 1999. And it’s been invigorating. And you, Sir, have kept me on my toes in a “tough room.” Thanks, and “Happy Trails.”
Where did this come from and why is the link BUSTED
I have a near perfect record of identifying trolls. I’m batting about .950
Someone who shows up with the near-exclusive agenda to defend Obama is a troll.
Oh really? And what army is going to make that declaration stick? Certainly not ours.
Well, I never heard of you, either.
Link works fine for me. If you are getting a blank page just scroll down in the center section to where the type witten material starts....
Why do you think it won’t go to trial?
No.Not Corsi. I’m referring to Lucas Smith, who claims to have traveled to Mombassa in Feb.
You have a good nose for trolls. They have a subtle aura above and beyond their actual 0bama-support. Kind of like a used and dirty j... - oh well, I’m too refined to say it.
[[ Carter's got an interesting act going on. He appears extremely sympathetic to the idea that the question of Barack Obama's legitimacy needs to be examined in court. Time and again, he said he want to eventually hear the case on its merits, and even went ahead and set a whole slew of dates into early 2010 for the hypothetical future trial. He stressed that he was taking steps to speed up the process. But, he said, the case had already been swamped in a "procedural quagmire" of Taitz's own making.
Today's hearing was about three issues. The first: service. Taitz and her followers had attempted to "serve" Barack Obama with notice of their suit a number of times, each time legally incorrect. But at today's hearing, the government's attorney said the defendant had been properly served. This elicited a stream of congratulations from Carter, who called the government's cooperation "exemplary."
The second issue was a snit on the plaintiff's side. Taitz had originally worked with attorney Gary Kreep in Wiley Drake's lawsuit against Obama, the case that has since blossomed into Barnett v. Obama. At some point, Kreep, Drake and co-plaintiff Markham Robinson decided to part ways with Taitz. Taitz refused to sign a change-of-attorney form, and then filed a motion stating Drake and Robinson's desire to be removed from the lawsuit. Those two plaintiffs say they authorized Taitz to do no such thing. Carter, very much taking the tone of a teacher scolding children, called a 15-minute recess and told Taitz and Kreep to work it out.
When court resumed, Taitz lit into Kreep with a litany of ways that she said he had botched the suit against Obama. Carter wasn't pleased. "I think what I'm going to do is force you two together [in one lawsuit]," Carter said. "I don't know if I can legally do this, you can take it to the 9th Circuit if you like and delay it longer." He then made the two bickering lawyers move their chairs next to one another. "I'm very visual," he said. "I need to see you two as one."
The third issue was Taitz's motion to recuse Magistrate Judge Arthur Nakazato for bias. The reason? Nakazato struck down one of Taitz's actions for largely technical reasons, even though Carter had assured her in court that he didn't want the case to get bogged down in technicalities. Today, Carter didn't oblige, saying that his comments were not intended to provide Taitz a "carte blanche" to ignore legal rules.
On Oct. 5, the court will hear the government's motion to dismiss the case and Taitz's motion for discovery to begin. As World Net Daily quickly began hyping, Carter did set a tentative trial date for Jan. 26, a trial that will only happen in what Carter called "the worst case scenario" for both sides. With about 100 spectators showing up and milling about in the courthouse hallway beforehand for hours to see today's proceedings, Carter didn't provide the thriller-novel witness trial Taitz had seemed to want, but he did provide some nice world-hangs-in-the-balance rhetoric: "It does the country no good to sit in a state of question." ]]
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