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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: FARS
Perhaps you could help me understand why a person would want to have several social security numbers. How would a person use those in some process to scam money from banks or government programs?

Would having numerous social security numbers aid someone in making campaign contributions to self or other?

Could someone deposit funds in banks using the designee social security numbers under which the accounts would be available, then someone else later withdraw these funds using that designated social security number?

Are social security numbers a data point for passport apps? For wire transfers of funds?

701 posted on 09/09/2009 1:05:31 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: mojitojoe
Non-Sequitur has said many times that he enjoys causing arguments with fellow FReepers and that he comes to the Civil War and BC threads to call people names and fight. Dissension is not a bad thing, but staying on FR because you get your jollies from fighting and flooding threads where other FReepers are doing serious investigating is not fair and should be addressed by the mods and owners. NS is a very somewhat slick, but very obvious Obama fan.

That makes sense. One Zero supporting another.
702 posted on 09/09/2009 1:06:16 PM PDT by mkjessup (You're either with the Constitution, or you're with the Liars, Enablers & that EmEFin 0bama! CHOOSE!)
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To: mojitojoe
YES you are and your past posts are being copied one by one, and will be sent to JR.

Then I will leave my fate in Jim Robinson's hands. Better his than someone like you.

703 posted on 09/09/2009 1:09:12 PM PDT by Non-Sequitur
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To: RummyChick
Just because he was being investigated by the FBI doesn't mean he wasn't also being paid by the CIA...

anyone figure out how a man with a 19 year old FBI investigation with 600 pages ends up having a son that worked in the Defense Intelligence Agency???

704 posted on 09/09/2009 1:25:12 PM PDT by Plummz (pro-constitution, anti-corruption)
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To: Windflier
Could you characterize this further, or provide a link? Thanks.

That being said, he definitely gave Orly a dressing down in the courtroom yesterday. He didn't pull any punches doing it, either.

705 posted on 09/09/2009 1:31:21 PM PDT by Plummz (pro-constitution, anti-corruption)
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To: mojitojoe; little jeremiah; mkjessup; MHGinTN; STARWISE; FARS; LucyT; Non-Sequitur
“Non-Sequitur has said many times that he enjoys causing arguments with fellow FReepers and that he comes to the Civil War and BC threads to call people names and fight.”

Those of us (like myself) who haven't followed the bickering in depth would have no clue about that information. That's despicable, and I would NEVER support that cept for maybe a thread created by a troll where the viking kitties were playing. I hope I've not offended anyone by suggesting people stop...while it is distracting, following it on this thread was informative because is provided some good summary of history as well as new information. With that said, I've mostly been a lurker, because I didn't have time to do all the researching that you guys have done. Support the efforts 100%. (Side note: When alan keyes jumped in, I was thrilled)

706 posted on 09/09/2009 1:32:02 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: FARS
So you would prefer she drop the case and let you handle it?

No, she filed it so she can handle it.

At least she has carried the ball at her own expense - in many ways - to where it now has a chance of getting the Defense to have to show some documents.

She has a huge hurdle to overcome on October 5th before she can hope to see any documents.

The blocking of discovery motion as Sibre Fan crows about as a negative, has not been granted. Obamabots are trying their best to derail anything they can.

Well don't get your hopes up too high. Any discovery to be done prior to October 5th will be done under Rule 26(a) which limits the type of information either side has to provide the other. There will be no subpoenas for Obama documents until after the motion to dismiss is dealt with.

I wonder if Kreep is as straightforward as he claims and not runing interference.

I don't know the man, but have no reason to believe that he intends to do anything other than represent his clients to the best of his ability.

You might both ant to hold back on MOnday morning quarterbacking and rooting for the opposing team.

I'm entitled to my opinions, and FR is an open forum.

707 posted on 09/09/2009 1:40:03 PM PDT by Non-Sequitur
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To: AmericanVictory

If the DOJ is appearing, they absolutely SHOULD be open about it. They need to file an appearance and they need to include their name, etc. on the signature block of any papers that they are signing. However, I just checked very single page of the Appellee Brief in the Hollister appeal and I cannot find R. Craig Lawrence’s name anywhere. I must be working from an incomplete copy.

I repeat - if they are appearing and signing their name, then the signature should be in print that is visible, and their appearance should be open. On that, we agree 100%.


708 posted on 09/09/2009 1:44:30 PM PDT by Sibre Fan
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To: Non-Sequitur

https://secure.freerepublic.com/donate/pledge

https://secure.freerepublic.com/donate/pledge

https://secure.freerepublic.com/donate/pledge

Use it.... USER~ and abuser


709 posted on 09/09/2009 1:50:39 PM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: mojitojoe
Use it....

What makes you think I haven't?

710 posted on 09/09/2009 1:56:21 PM PDT by Non-Sequitur
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To: Plummz

Yep


711 posted on 09/09/2009 1:57:15 PM PDT by RummyChick
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To: Plummz

Btw, how come those weather underground people didn’t go to jail..except for a couple that got pardoned by Clinton.


712 posted on 09/09/2009 1:58:32 PM PDT by RummyChick
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To: Plummz
Could you characterize this further, or provide a link?

The full text of Judge Carter's remarks to Orly Taitz in yesterday's proceedings were posted on a blog where several people were capturing the live activity inside the courtroom.

Someone posted a link to that blog on one of the three threads running last night. That's where I read all of his remarks. I don't know if that link was on this thread, or one of the others.

I'll poke around a bit and see if I can find it, but a couple of these threads ran into the hundreds of posts overnight. It might be tough to find.

713 posted on 09/09/2009 2:13:19 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: Non-Sequitur

Just a hunch


714 posted on 09/09/2009 2:59:52 PM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: mojitojoe
Just a hunch

Well there's nothing I can do to convince you. As you well know you have to choose to have you name listed among the contributors.

715 posted on 09/09/2009 3:14:18 PM PDT by Non-Sequitur
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To: Non-Sequitur; MHGinTN; LucyT

I hope you do, everyone should. I just wonder who pays it for you. Are our tax dollars paying it. The DNC? Who?


716 posted on 09/09/2009 3:53:11 PM PDT by mojitojoe (Socialism is just the last “feel good” step on the path to Communism and its slavery. Lenin)
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To: PA-RIVER

The plaintiff would not win by default, but the effect would be the same. It would be more akin to a summary judgment based on discovery violations.

If that were to happen, Obama would have forfeited his opportunity to prove his right to the office of President and would not be allowed to offer evidence of his eligibility in an appeal. Whatever evidence he wants to present must be presented to the trial court.


717 posted on 09/09/2009 4:21:54 PM PDT by SeaHawkFan
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To: Sibre Fan

I had not previously looked at the appellee’s brief and just have and do not see the signature. But it was on the statements of issues presented and other preliminary filings filed by the appelees, which I had looked at previously. Did your pals slip up?


718 posted on 09/09/2009 4:48:45 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Non-Sequitur
You: The U.S. Attorneys submitted a motion for dismissal just prior to the hearing. About the only people clueless enough to expect that to have been granted or denied right off the bat are you and pissant. Taitz has the right to respond to the defense's motion, which is why there will be another hearing on October 5th.

I'm hardly clueless. Yeah, on Friday as I recall they submitted their motion to dismiss.

The judge could have granted it on Tuesday but he didn't, in fact, he hasn't even read it as of yesterday.

The judge obviously wasn't going to dismiss this case. What he wants from Obama is to respond to the charges that he's not a natural born citizen. The judge is giving Obama time to respond, the sooner the better, and that he is serious about this case so he better be.

You: The fact is that other than the motion to dismiss, the defense had not filed any motions, only an order noting that the plaintiff had failed to effect service of process but saying that they would accept service on September 8th. I assume somewhere in that circus yesterday that was done.

The silly dilly-dallying by Obama lawyers have now admitted to Judge Carter that they have accepted the service. The "circus" was mostly about the cheap delaying tactics by Obama's silly lawyers which didn't work.

Since you soooooooo ignored what Judge Carter's profound words here they are again:

Carter, “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

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 obvious conclusion from Judge Carter's statements are the onus or burden of proof, is on Obama to convince the judge why he should dismiss this case and not grant discovery to the plaintiff. Spin your spin 180 degrees.

You: No, I read transcripts. And we'll see sometime on or shortly after October 5th whether there will be a trial or not.

Apparently, you missed Judge Carter's statements posted in bold above. Your turn to obfuscate and ignore the obvious.

719 posted on 09/09/2009 5:26:02 PM PDT by Red Steel
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To: Red Steel
The judge could have granted it on Tuesday but he didn't, in fact, he hasn't even read it as of yesterday.

Why would he grant it without giving the other side a chance to respond? Are you sure you aren't clueless?

The judge obviously wasn't going to dismiss this case.

Not on Tuesday, no.

What he wants from Obama is to respond to the charges that he's not a natural born citizen. The judge is giving Obama time to respond, the sooner the better, and that he is serious about this case so he better be.

Respond to what? His own motion to dismiss?

The silly dilly-dallying by Obama lawyers have now admitted to Judge Carter that they have accepted the service. The "circus" was mostly about the cheap delaying tactics by Obama's silly lawyers which didn't work.

Because Taitz has been too inept to do it properly in the past 8 months.

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.

I'm betting that you haven't read the motion, either. Well, keep telling yourself that stuff and we'll see what happens in October.

720 posted on 09/09/2009 5:37:14 PM PDT by Non-Sequitur
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