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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: danamco

Typical lib hypocrite, huh?

Karma can be nasty.


561 posted on 09/09/2009 6:54:34 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: bray
All he has to do is show his BC and trial ended, why so secretive?

Powerful judicial Mumbo-Jumbo will fight to the last blood drop to prevent it to surface!!!

562 posted on 09/09/2009 6:57:20 AM PDT by danamco
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To: SeaHawkFan
I get the impression that attorney Kreep is not disfunctional. I see that he worked with Liberty Counsel on the marriage stuff in California. Liberty Counsel would not be working with a disfunctional attorney. If anything, it indicates that Kreep is more interested in the result than his personal glory.

I don't know Gary Kreep and have no reason to believe that he isn't a competent attorney. But in the session yesterday Tatiz made it clear to the judge that she is unwilling or incapable of working with him. Since the judge will try the whole case as one matter then Kreep is tied to Taitz and her less than rational behavior. If there is a trial then it will make for some interesting reading as these two try their case.

563 posted on 09/09/2009 6:58:18 AM PDT by Non-Sequitur
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To: Non-Sequitur; pissant
And you would trample the rule of law in your haste to take down one man. And once you've done that and made a mockery of the Constitution in the process - something you accuse Obama himself of doing - then what will you turn to for protection for yourself or the next person?

I've not made a mockery of the Constitution whatsoever. I demand, as any sensible American demands, that the Occupant of the Oval Office prove they are qualified to serve in that Office. Nothing more and nothing less. And if the Kenyan Usurper is unable to establish his eligibility, then he must resign or be removed from Office by any means necessary.

This is bigger that Obama or any single man or woman. This is the law, the foundation of our society. All I want is for it to be held to the strict letter. All you want is whatever it takes to cram your agenda through. By my way of thinking you're the pathetic one.

Your way of thinking does nothing except to empower and enable an illegal Usurper, aka one Barack Hussein 0bama.

You prattle on about the 'Law' but you mock and ridicule those who seek to see that Law upheld. In Charles Dickens' "Oliver Twist" the phrase was originated "the law is an ass", and in your case that applies not only to your view of the 'Law', but to you as well, Monseuir Chinslurp.
564 posted on 09/09/2009 7:00:35 AM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
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To: Non-Sequitur; MHGinTN; pissant; Uncle Chip
I believe that with this post two days ago you have met your quota of certifiable prefabrications on this forum. You should take the rest of the week off.
Nope. Having too much fun.


Thank you for confirming that you are a LIAR.
565 posted on 09/09/2009 7:02:17 AM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
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To: mkjessup
Thank you for confirming that you are a LIAR.

Thanks for confirming you're a fool.

566 posted on 09/09/2009 7:06:07 AM PDT by Non-Sequitur
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To: Dr. Eckleburg

I think we are going to find that, at bottom, this man is actually a Kenyan with Communist ties and this is part of his method of “leveling” the playing field. Destroying the America that we knew, to become an Amerika that is like Africa is where he is taking us. His ruling elite will be like the Russian mob and we will all be left to drink vodka all day.

The children of this age love him, because the Communists got to the educational system, Hollywood, and the media to teach them that evil is good, and right is wrong. I am aware that God is managing all of this, yet I also know that He does not want us to give in to evil. And this is as evil as it gets.

Two things we should probably do:
1. Have more children. The hispanic community is doing this in AZ to gain voters. The illegals come here, have an anchor baby, then will not get sent home because the hispanic surnamed workers in the various cities will not enforce the laws with their own countrymen. We need to re-populate the land.

2. Re-take the educational system, stop going/renting movies, place newly trained folks into the media. This will take 20 years, but it can be done without a shot fired. They did it to us; we need to take it back.


567 posted on 09/09/2009 7:06:58 AM PDT by Dutchboy88
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To: mkjessup

It literally does not follow.

But eventually it will have to.


568 posted on 09/09/2009 7:07:06 AM 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: Non-Sequitur; MHGinTN; pissant; Uncle Chip; All
LOL, hit a raw nerve I see. You are in fact a liar, as spelled out by MHGinTN last night:

To: Non-Sequitur
Well, lickspittlist, here's your recent lie on another BC thread. Evidence is a tough thing to ignore, you despicable liar.

[[ But the State of Hawaii did certify it to be a true copy of the original COLB.
474 posted on Monday, September 07, 2009 10:08:30 PM by Non-Sequitur ]]
375 posted on Wednesday, September 09, 2009 3:55:19 AM by MHGinTN

You can call me any name you like, but you can't escape the proven fact that YOU are indeed a liar, and you have absolutely no credibility whatsoever.

Not only are you a liar, you are an 0bamunist TROLL.
569 posted on 09/09/2009 7:10:14 AM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
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To: Non-Sequitur
You: What positive aspects are there to decry? Taitz went in there yesterday and every motion she submitted was denied.

Obama's didn't get what they wanted, immediate dismissal. What motions did the Obamanoid lawyers get? LoL!

You: She's split the plaintiffs into two completely disfunctional teams fighting the same suit.

Judge Carter was willing to work with it. Oh, and they have 4 months before trial to work things out. And there will be a trial because....

You: She's facing a hearing on the motion to dismiss in 30 days and I'm looking forward to reading her response.

You don't read the tea leaves very well do you?

From the OC Register's article.

“If President Obama fits the qualifications under the rules of the court, the longer the delay the more credibility it lends to the complaint,” he said. “If President Obama does not meet the court’s requirements, the delay also causes a problem.”

And this from the OC Register:

During this morning’s proceedings, Carter said he had not yet read the motion to dismiss the case. But he said such motions, when based on Federal Rules of Civil Procedure 12 (b), rarely succeed. That is the rule cited by West in his motion.

The operative phrase here is "Rarely succeed."

As you see, it's the other way around from what you say. The Goooberment lawyers will have the BIG problem convincing the judge to dismiss the case on October 5th. Orly and Kreep will get to watch them squirm. Like I told you before, don't get your hopes up.

As one witness notice as they the government lawyers left the court room, they looked scared and disappointed. As they should because they got spanked. :-)

570 posted on 09/09/2009 7:10:43 AM PDT by Red Steel
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To: Red Steel

You clearly know what you’re talking about, unlike our resident troll in this thread.


571 posted on 09/09/2009 7:12:59 AM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
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To: pissant

Hussein is looking a little stressed this morning. I saw him on the tv this morning, and it looks like he is not sleeping to good. Ramadan Vacation ended. Infidels are clamoring at the gates.


572 posted on 09/09/2009 7:16:23 AM PDT by PA-RIVER
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To: rolling_stone

On the surface, it looks like Gary Kreep’s a pretty good addition to her team: http://usjf.net/?page_id=1191

Long history as a practicing attorney, no doubts as to his political allegiances, and doesn’t sound like someone who would let things get lost on misfilings and technicalities.

If she can’t work with him, one has to wonder whether she’s like that flood victim who turns away help from the rescue boats and helicopters and, standing on her roof, alone and surrounded by rising waters, asks God why He has abandoned her.


573 posted on 09/09/2009 7:16:53 AM PDT by 9YearLurker
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To: PA-RIVER

And Joe Biden is most likely reading up on the 25th Amendment, LOL


574 posted on 09/09/2009 7:17:51 AM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
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To: 9YearLurker

34 years as a practicing attorney speaks volumes.


575 posted on 09/09/2009 7:19:09 AM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
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To: mkjessup
I demand, as any sensible American demands, that the Occupant of the Oval Office prove they are qualified to serve in that Office.

He's done that, you won't accept it. He's provided what he claims is evidence he was born in Hawaii, you call it a forgery. No law requires he do any more than he's done so far. An unfortunate fact but a fact never the less and one that will continue unless changed at the federal or state level. The problem is that you refuse to believe him, and I've read the Constitution forwards and backwards any number of times and nothing in there states that the president must satisfy mkjessup's demands.

There is a loophole in the law that no presidential candidate is required to prove his or her qualifications to any one person or agency. That's the unfortunate fact that we're currently facing. The solution is to close that loophole - probably by legislation at the state level since the Democrats control Congress. Why aren't you pushing for a solution instead of trying to twist existing laws to suit your desires?

And if the Kenyan Usurper is unable to establish his eligibility, then he must resign or be removed from Office by any means necessary.

I'll take that to mean any means, legal or illegal. That's where you and I part company.

Your way of thinking does nothing except to empower and enable an illegal Usurper, aka one Barack Hussein 0bama.

And if you ignore the law in you haste to bring down someone you claim is ignoring the law, then where does that make you any better than him?

You prattle on about the 'Law' but you mock and ridicule those who seek to see that Law upheld.

No. You want the law to be what you want it to be. You want a trial regardless of whether Taitz's plaintiffs meet the qualifications for legal standing or not. You want a trial regardless of whether there is evidence or not. If the judge does grant the motion to dismiss you will be the first one out there on your hind legs screaming 'Conspiracy" and claiming the judge is crooked or an idiot or an Obama supporter or some such nonsense. You don't want the law upheld. You want your way regardless of what the law says.

576 posted on 09/09/2009 7:19:16 AM PDT by Non-Sequitur
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To: mkjessup
I demand, as any sensible American demands, that the Occupant of the Oval Office prove they are qualified to serve in that Office.

He's done that, you won't accept it. He's provided what he claims is evidence he was born in Hawaii, you call it a forgery. No law requires he do any more than he's done so far. An unfortunate fact but a fact never the less and one that will continue unless changed at the federal or state level. The problem is that you refuse to believe him, and I've read the Constitution forwards and backwards any number of times and nothing in there states that the president must satisfy mkjessup's demands.

There is a loophole in the law that no presidential candidate is required to prove his or her qualifications to any one person or agency. That's the unfortunate fact that we're currently facing. The solution is to close that loophole - probably by legislation at the state level since the Democrats control Congress. Why aren't you pushing for a solution instead of trying to twist existing laws to suit your desires?

And if the Kenyan Usurper is unable to establish his eligibility, then he must resign or be removed from Office by any means necessary.

I'll take that to mean any means, legal or illegal. That's where you and I part company.

Your way of thinking does nothing except to empower and enable an illegal Usurper, aka one Barack Hussein 0bama.

And if you ignore the law in you haste to bring down someone you claim is ignoring the law, then where does that make you any better than him?

You prattle on about the 'Law' but you mock and ridicule those who seek to see that Law upheld.

No. You want the law to be what you want it to be. You want a trial regardless of whether Taitz's plaintiffs meet the qualifications for legal standing or not. You want a trial regardless of whether there is evidence or not. If the judge does grant the motion to dismiss you will be the first one out there on your hind legs screaming 'Conspiracy" and claiming the judge is crooked or an idiot or an Obama supporter or some such nonsense. You don't want the law upheld. You want your way regardless of what the law says.

577 posted on 09/09/2009 7:19:16 AM PDT by Non-Sequitur
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To: Non-Sequitur

This is going to be a bench trial and a jury won’t be involved. Because Carter understands Taitz’ personality and has clearly indicated he is going to rule on the merits, I don’t see a problem other than delays caused by Taitz’ mistakes in procedures.


578 posted on 09/09/2009 7:22:44 AM PDT by SeaHawkFan
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To: dcwusmc

Thank you for giving us some history behind Judge Carter. Is really is a small world, never would have expected anyone here to actually know him.


579 posted on 09/09/2009 7:24:28 AM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: dcwusmc

My questions about him changed dramatically after reading the following quote from him:

“If President Obama fits the qualifications under the rules of the court, the longer the delay the more credibility it lends to the complaint,” he said. “If President Obama does not meet the court’s requirements, the delay also causes a problem.”


580 posted on 09/09/2009 7:28:08 AM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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