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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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To: deport

“I and many other concerned veterans and citizens attended the hearing today in Federal Court in Santa Ana in the lawsuit against Barack Obama to determine his eligibility to be President and Commander in Chief. About 150 people showed up, almost all in support of the lawsuit to demand that Obama release his birth certificate and other records that he has hidden from the American people.

Judge David Carter refused to hear Obama’s request for dismissal today, instead setting a hearing date for Oct. 5, since Obama’s attorneys had just filed the motion on Friday. He indicated there was almost no chance that this case would be dismissed. Obama is arguing this lawsuit was filed in the wrong court if you can believe that. I guess Obama would prefer a “kangaroo court” instead of a Federal court! Assuming Judge Carter denies Obama’s motion for dismissal, he will likely then order expedited discovery which will force Obama to release his birth certificate in a timely manner (if he has one).

The judge, who is a former U.S. Marine, repeated several times that this is a very serious case which must be resolved quickly so that the troops know that their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war. He basically said Obama must prove his eligibility to the court! He said Americans deserve to know the truth about their President!

The two U.S. Attorneys representing Barack Obama tried everything they could to sway the judge that this case was frivolous, but Carter would have none of it and cut them off several times. Obama’s attorneys left the courtroom after about the 90 minute hearing looking defeated and nervous.”
http://www.orlytaitzesq.com/blog1/


441 posted on 09/08/2009 9:12:18 PM PDT by faucetman (Just the facts ma'am, just the facts)
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To: little jeremiah; darkwing104; Old Sarge; MeekOneGOP

Well, let’s invite some Viking Kitties over.


442 posted on 09/08/2009 9:12:35 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
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To: little jeremiah

How we end up at the no trial phase remains to be seen.

Does the CIA/NSA/or some other three letter agency whisper a few words into the Judge’s ear one night?

Does the Judge order discovery but something else keeps it from going to trial???

I am one of those that believe the family was involved in the intelligence field.

It may even be possible that Frank Marshall Davis was involved with the spooks...since his son was able to gain National Security Clearance and work for the Defense Intelligence Agency.

I once heard that deep undercover spooks can’t be audited by the IRS. It makes sense.

Pray for everyone’s safety...including Obama’s safety. I hope we find out the truth.


443 posted on 09/08/2009 9:16:03 PM PDT by RummyChick
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To: MHGinTN

On Oct. 5, the court will hear the government’s motion to dismiss the case


On whose dime?


444 posted on 09/08/2009 9:16:26 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
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To: faucetman

The clintons had a lot of baggage and they earned our distrust.Whether he knew carter or not..his list of actions from the executive orders to whitewater and chinagate..I believe he is dirty and had a reason for everything he did either for selfish reasons, or paybacks/favors. As far as carter goes, while I did look at titles when I googled his name, I did not read much about his history or cases so I am reserving judgement a bit. Granted the chicago thugs are worse than the arkansas ones, imho they are in the same category..namely “evil”.


445 posted on 09/08/2009 9:16:42 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: TheBigIf

Barry _____________ ?

Can you provide a cite?

No?

Didn’t think so.

Don’t get distracted by BS; stick to the facts.


446 posted on 09/08/2009 9:25:04 PM PDT by Plummz (pro-constitution, anti-corruption)
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To: faucetman

Judge David Carter refused to hear Obama’s request for dismissal today, instead setting a hearing date for Oct. 5, since Obama’s attorneys had just filed the motion on Friday. He indicated there was almost no chance that this case would be dismissed.


Time will tell. It would be nice if we had the court reporters info rather than opinion from the gallery.

http://www.scribd.com/doc/19547316/Keyes-v-Obama-Motions-Hearing-8SEP-2009
snip
Then Orly launches in the whole thing, telling Lucas Smith’s story. The judge interruped her saying, “you know I don’t want to hear this”. You know I have to read the government’s motion. That may resolve everything, if I don’t have jurisdiction.
end snip


447 posted on 09/08/2009 9:26:18 PM PDT by deport
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To: txhurl

On Oct. 5, the court will hear the government’s motion to dismiss the case

...On whose dime?


On OUR dime.
Our tax dollars paid for the Motion to Dismiss and will pay for the Reply in Support of the Motion.
Our tax dollars will pay for the Court staffing during hearing — as well as the Government staffing during the hearing.


448 posted on 09/08/2009 9:26:22 PM PDT by Sibre Fan
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To: txhurl

I guess I forgot to include the cartoon “tongue-in-cheek” and smiley faces. Figured it was obvious.


449 posted on 09/08/2009 9:28:58 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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To: Sibre Fan

Exactly. Now we the people have incurred monetary damages regarding this suit, and have standing.

YES.


450 posted on 09/08/2009 9:29:30 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
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To: faucetman

I forgot to ask, how many of clinton’s players are helping obama? I think there are a few.


451 posted on 09/08/2009 9:30:56 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: pissant
Numerous thoughts: Even more now, keep up the Mantra: What is he hiding and Why? It must be BIG!

Also, is there such a thing as attorneys needing to recuse themselves because they are a fiduciary to POTUS or some such, i.e., they're obviously in the tank for Obama coming from our Justice Dept, (and Yes why do You have to pay for His attorneys!) so they have to recuse themselves like judges do? ? Any feedback from our Legal FReepers?

Another: I assume Judge Carter has round the clock bodyguards now. We don't want him to have an "accident" or a "heart attack". Or is it that he's "public" now, so he's "safe"?

Man, what a mind blower. Won't sleep tonight. . .

452 posted on 09/08/2009 9:34:43 PM PDT by Art in Idaho
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To: txhurl

google taxpayer standing lawsuit


453 posted on 09/08/2009 9:36:42 PM PDT by Sibre Fan
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To: ComeOnNow

My fly on the wall at the proceedings, not a lawyer or versed in the law, was taking notes and mentioned this one.


454 posted on 09/08/2009 9:39:34 PM PDT by FARS ( Be happy, Be well)
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To: bray
All he has to do is show his BC and trial ended, why so secretive?

This has been asked a thousand times before, but it's the best (and most logical) comment on the thread, so far.

I'm sure that Judge Carter is thinking this exact same thought. Just the fact that the DOJ lawyers haven't even thought to end it in this way is probably propelling the judge to move this forward.

455 posted on 09/08/2009 9:40:18 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: pissant

Praying, praying, praying. Just don’t want to get my hopes up.


456 posted on 09/08/2009 9:47:31 PM PDT by Dustbunny ("Government does not solve problems; it subsidizes them. " Ronald Reagan)
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To: Sibre Fan
Google this

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation


457 posted on 09/08/2009 9:48:35 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
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To: FARS

bttt


458 posted on 09/08/2009 9:56:27 PM PDT by 1035rep (The Second Amendment is in place in case the politicians ignore the others.)
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To: novemberslady

“Oh my”

That’s an understatement!

Bump for later.


459 posted on 09/08/2009 9:56:46 PM PDT by borntobeagle (Insurrection, anyone??????)
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To: All

http://americangrandjury.org/orly-taitz-lucas-smith-from-the-courtroom-the-latest

‘The judge, who is a former U.S. Marine, repeated several times that this is a very serious case which must be resolved quickly so that the troops know that their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war. He basically said Obama must prove his eligibility to the court! He said Americans deserve to know the truth about their President!
Obama’s attorneys left the courtroom after about the 90 minute hearing looking defeated and nervous.’

That’s encouraging. Pray our Lady Liberty has finally come through- and pray He keep her safe.


460 posted on 09/08/2009 9:57:35 PM PDT by patriot08 (TEXAS GAL- born and bred and proud of it!)
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