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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: pissant
Carter has had the opportunity to toss it twice now, and hasn’t. That is good news, as far as it goes. Compare that to some of these other ahole judges that snarkily dismissed the cases before them before even reading the materials.

In the Hollister case. The Obot judge wrote this in his opinion, "I Twittered it"

LoL!

61 posted on 09/08/2009 2:56:55 PM PDT by Red Steel
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To: BP2; All

Did he really say that??????


62 posted on 09/08/2009 2:57:58 PM PDT by RightOnline
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To: jessduntno

Would you please repeat the question?


63 posted on 09/08/2009 3:01:24 PM PDT by loungitude (The truth hurts.)
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To: loungitude

“Would you please repeat the question?

why?


64 posted on 09/08/2009 3:03:43 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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To: r9etb
The key point of the article, however, is that the judge has not granted discovery. There's no sense in pretending there will be a trial if she can't jump that obstacle.

Ummmmmmmm, here's the key points:

"Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.

If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later. "

Obviously, the the Obama lawyers didn't make their case today, and motion for discovery or dismiss is still on as is the trial date.

65 posted on 09/08/2009 3:03:52 PM PDT by Red Steel
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To: fieldmarshaldj

are you being called as a witness?


66 posted on 09/08/2009 3:05:13 PM PDT by campaignPete R-CT
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To: BP2
My mother couldn't afford to send me to the school where all the AMERICAN kids went.

Once an Indonesian, always an Indonesian? If he thought of himself as an AMERICAN, he would have said:

WHERE ALL THE OTHER AMERICAN KIDS WENT.

67 posted on 09/08/2009 3:06:28 PM PDT by Fred Nerks (fair dinkum)
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To: BP2

Thanks for update BP2. :-)


68 posted on 09/08/2009 3:06:31 PM PDT by Red Steel
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To: Jmouse007

Actually, Judge Carter, with the agreement of both plaintiff counsel and defendent counsel, set Jan 11 for POSSIBLE pre-trial and Jan 26 for POSSIBLE trial.


69 posted on 09/08/2009 3:08:31 PM PDT by AlexisHeavyMetal1981 (What a view of OC from the ninth floor of the Ronald Reagan building.)
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Comment #70 Removed by Moderator

To: Red Steel
Obviously, the the Obama lawyers didn't make their case today, and motion for discovery or dismiss is still on as is the trial date.

Without an order granting discovery, there's no sense in even pretending there's a trial.

71 posted on 09/08/2009 3:08:37 PM PDT by r9etb
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To: pickyourpoison

bump


72 posted on 09/08/2009 3:08:41 PM PDT by pickyourpoison (" Laus Deo ")
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To: campaignPete R-CT

I can’t imagine why. I’ve never been to Kenya.


73 posted on 09/08/2009 3:09:14 PM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: etraveler13
Stay tuned ladies and gentlemen as the worm turns...

At this point, when there is bad news for Obama, the O'Trolls are awaiting for further orders and reprogramming. ;-)

74 posted on 09/08/2009 3:10:38 PM PDT by Red Steel
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.


75 posted on 09/08/2009 3:11:58 PM PDT by novemberslady
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To: theKid51; Apple Blossom

ping


76 posted on 09/08/2009 3:12:09 PM PDT by bmwcyle (Liberals feed on dead Senators and babies)
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To: r9etb
Without an order granting discovery, there's no sense in even pretending there's a trial.

Well apparently there is a tentative court date set. Of course it depends on what happens on October 5th.

77 posted on 09/08/2009 3:12:45 PM PDT by Red Steel
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To: ComeOnNow

“Everybody calm down...”

Personally, I think we are pretty damn calm for a Republic with a total cipher sitting at the wheel appointing czars faster than Sonia Sotomayor can eat an eclair...


78 posted on 09/08/2009 3:12:56 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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Comment #79 Removed by Moderator

To: ComeOnNow

“So help me out - if he was not a NBC, what kind of citizen is he, and where would the records be for his swearing in? Now, if he is not a citizen at all, how can he be charged with treason against a country he is not a citizen of?”

Congratulations...this is the dumbest post I have read here in five years...what’s the point? As far as helping you out goes, I would if I were a Mod...


80 posted on 09/08/2009 3:16:02 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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