Shocker! Judge orders trial on eligibility issue

WND ^ | 9/8/09 | staff

[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.

[Bob from Fairfield]

As tragic as the first (not even) eight months of 0bama’s administration have been for the economy, international relations, national defense (and so much more), the silver lining is that the collective consciousness of the nation has passed a watershed a few weeks ago when 0bama’s approval rating went below 50%. This means that the time is now finally right for the eligibility issue to be decided.

As much as we birthers would have preferred this be determined before the election, the reality is that the nation was not ready for it. There is too much good sportsmanship in the American people who wanted to give 0bama the benefit of the doubt, to give him a chance to achieve positive results, for an eligibility trial to have gained traction before now.

With the honeymoon over, his terrible judgment, and many other weaknesses are finally undeniable to well over half of the population.

As a result it seems to me that the chances of 0bama’s ineligibility being irrevocably exposed are at last also greater than half.

[little jeremiah]

This and other comments you’ve made are excellent.

[mkjessup]

Thanks Kim, there ought to be universal agreement among all conservatives that 0bama has NOT proven his eligibility, there should be likewise, universal agreement that such eligibility is not requested, but DEMANDED by the Constitution (Article II Section 1) and if any individual either seeking, or having attained the Office of President is unable to provide such proof of natural born citizenship, they are by default, in violation of the Constitutional requirements for the highest office in the Land. This isn’t rocket science here.

Former President George W. Bush said “you are either with us, or you are with the terrorists” and that could easily be extrapolated in this case to “you are either with the Constitution, or you are with 0bama”.

I’ve already made my choice.

[STARWISE]

Makes one truly wonder

1) about such an incurious and staunch naysayer,
who’s been at this conservative site for 8 yrs
and witnessed the horror of 9/11 and the ongoing
risks we face: what would make him happy and why,
re the final conclusion, God willing if any, of
this matter

2) and what would make such a strident naysayer
unhappy and why, re the final conclusion, God
willing if any, of this matter

3) and what they really believe about what
they’ve seen this potus already do, and

4) and what they consider ranks above the
Constitutional intentions of our Founders
and their documented beliefs regarding
the prohibition of any future potus with
a hint of dual national allegiance, which
even today has not yet been conclusively
proven to be untrue.

Perhaps they are pathologically tone deaf,
or simply have no solid patriotic convictions
to defend or simply enjoy the keyboard jousting?

[Dr. Eckleburg]

Amen to every word.

[STARWISE]

“Although the Federal Circuit Court judge, R. Barclay Surrick, has yet to rule on Berg’s claim, federal rules of procedure would appear to support his contention, since they specify that any objection or refutation had to be served within thirty days.

The Obama team contented itself with a motion to dismiss the case and a protective order, but there has yet to be a ruling on this, perhaps to the surprise and chagrin of Obama and the DNC.

Obama’s lawyers in these motions, argued that revealing the information (birth certificate, citizenship in other countries, etc.) would “cause a defined and serious injury” to Obama and/or the DNC.

They say revealing these documents raises a “legitimate privacy concern” and the above mentioned risk that “particularly serious embarrassment will result from turning over the requested documentation.”

The source of that embarrassment was not specified.”

http://israelinsider.ning.com/profiles/blogs/2018399:BlogPost:10858

[Dr. Eckleburg]

You're probably right. But at least the question of his illegal ascension to the throne will continue to play out in public, keeping Obama on the defensive.

[GizmosAndGadgets]

And a good portion of the serious minded American Public continue to ask, why is Barack Obama going to such lengths to hide the most basic pieces of his past?

My opinion, (regarding the BC, at least), was that Obama's father listed on his BC was likely someone other than Obama Sr. (Frank Davis, Malcolm "X" Little...), thus making a liar of Obama Jr., his book of "Dreams" and the rest of his personal history. While such parentage might have solved the question of his NBC status, it would have hurt his political capital just for being caught in the lie.

However, with Lucas Smith's appearance in court to back-up his sworn affidavit, I have to say that I'm leaning towards the Kenyan birth as Obama's motivation for hiding the truth. The whole story is like a soap opera, every day ending with a new cliffhanger :-)

[Uncle Chip]

He's provided what he claims is evidence he was born in Hawaii, you call it a forgery.

Where is that evidence??? Has it been presented to a court of law where it can be examined and cross-examined??? Your boss has a great opportunity to present his evidence now in Orange County. Tell him to show up with his birth certificate -- if he dares.

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.

Baloney -- The Constitution is the Highest Law in the Land and it says he must be a natural born citizen to be CIC. He now has a forum in Orange County to prove that he is what he claims to be. Time to put up or shut up and leave.

The problem is that you refuse to believe him

He has the same credibility problem that you do. But I have a suggestion: Why don't you show up in court with that stuff that you call "evidence" and present it to the court yourself -- if you've got the guts. You might look good in an orange jumpsuit.

[blue-duncan]

Does that mean I don’t have to buy dinner?

[mkjessup]

You know Uncle Chip, this is kinda like shootin’ fish in a barrel, lol

[BP2]

Oh, come on, Non-Sequitur — I thought the "Holy Hand Grenade of Obfuscation" line would get a rise out of you. Instead, I hear nothing but crickets.

Hint: it appears that the “Rule of Law” is catching up with Mr Soetoro. And the great thing is even if Orly can't move forward with this judge, the primer has been cracked as to how to move beyond any "lack of standing" issues that have plagued prior eligibility cases. Additional filings are sure to follow, with each subsequent to improve upon the previous.

Here — let me help get this "Shocker! Judge orders trial on eligibility issue" thread back on track:

[Niuhuru]

“Obama will be getting very nervous very soon.”

If he isn’t already having the nervous fits on a regular basis already with all his grand plans falling to pieces in his hands.

[Non-Sequitur]

And the great thing is even if Orly can't move forward with this judge, the primer has been cracked as to how to move beyond any "lack of standing" issues that have plagued prior eligibility cases.

How so?

[Uncle Chip]

Wonderful — Thanks

[Windflier]

I can’t help but wonder if one reason Judge Carter made her accept Atty Kreep was to help her not hinder her.

I do hope someone sits her down and talks to her...

I tend to agree. This judge obviously has a keen understanding of the basic question before us, and is as interested in resolving it as any American who gives a damn about the Constitution and the rule of law.

He could have easily thrown Orly and this case out of his court for any number of technical errors on her part, but he decided that the question of Obama's eligibility is far too important to allow nitpicking details of filings and procedure to stop the process of uncovering the truth.

We are very fortunate that someone of Judge Carter's caliber and integrity is in charge of this case.

That being said, he definitely gave Orly a dressing down in the courtroom yesterday. He didn't pull any punches doing it, either. She'd do well to comply with his wishes and orders to the very best of her ability, so yes, she really needs to quickly seek advice and coaching from more professional attorneys.

She also needs to sit down with Gary Kreep and analytically come to some concrete agreements as to what this case is about, and forge some real operating guidelines for both of them to follow, so that they don't wind up butting heads during the proceedings again. That will do nothing to help the case, and will in fact, endanger it.

[Sibre Fan]

The U. S. Attorney did not file a motion to appear but his name is on the docket and he is signing the filings for the appellees.

---

I don’t see this. The Appellee’s Brief is signed by Robert F. Bauer:
Respectfully submitted,
PERKINS COIE LLP
By: /s/
Robert F. Bauer

---

The Official Hollister Appeal Docket doesn’t show US Atty name anywhere either
https://ecf.cadc.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=09-5080&incOrigDkt=Y&incDktEntries=Y

[Uncle Chip]

You got that right.

[faucetman]

You sir are a plant. I could rebut your points one by one, but that is what you want. To waste every ones time responding to your non-sequiter points. We already KNOW that Obama is ineligible. We don't need a court to tell us. We need the court to legitimize removing this guy from office. It is not about “THE LAW” It is about a Radical, Muslim, Communist, Usurper occupying the office of president that he has no right to occupy. Just as a jury finding a defendant “not guilty” does not mean he is INNOCENT. We KNOW Obama is guilty. We can read, we can hear, we can see, we can THINK. The “law” is a means to an end not the be all end all “end” in itself. That is why despite all the dismissed & ignored law suits, we will NEVER give up until he is removed, because WE ARE RIGHT. THIS WILL NOT STAND. It WILL be resolved by ANY means necessary. Yes, ANY means. If this fraud is allowed to stand by the courts, I fear someone WILL take matters into their own hands. Passions are that high. It happened before in our country in 1776. The citizens had been pushed to the breaking point and armed conflict erupted. It CAN happen again. Maybe it should. What is happening now IS tyranny.

[Non-Sequitur]

You sir are a plant.

Whatever.