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Fair enough! I'll eat a little crow, now. I think it will still get tossed. |
Posted on 09/09/2009 8:57:44 PM PDT by kellynla
SANTA ANA, Calif. – On Sept. 8, U.S. District Court Judge David O. Carter ordered a scheduling conference for Oct. 5, 2009, allowing the Obama eligibility case filed by Dr. Orly Taitz, Esq. on behalf Captain Pamela Barnett, Alan Keyes and others to proceed.
Carter wrote, “The responsibility for the progress of litigation in the federal courts falls not only upon attorneys in the action, but upon the court as well. Accordingly, the court issues this order.”
Taitz filed a declaration of Lucas Daniel Smith with an exhibit on Friday.
Smith, a 29-year-old American citizen from Iowa, signed an affidavit, under penalty of perjury, stating he “traveled to Kenya and Mombasa, in particular, with the intent to obtain the original birth certificate of Barack Hussein Obama,” as he was told previously it was on file in the hospital and under seal, due to the fact the Kenyan Prime Minister is Obama’s cousin.
Smith states he visited Coast General Hospital in Mombasa, Kenya on Feb. 19, 2009, accompanied by a citizen of the Democratic Republic of Congo, and said he had to pay a cash “consideration” to a Kenyan military officer on duty to look the other way while he obtained the copy of the birth certificate.
According to Smith, the copy was signed by the hospital administrator and contains the embossed seal. As an exhibit, Smith provided the “true and correct photocopy of the birth certificate obtained.”
Meanwhile, defendants filed a motion to dismiss stating, “Plaintiffs ask this Court to entertain a challenge to the 2008 election of President Barack Obama by requiring the President to disprove, in this Court, their innuendo alleging that he is not a ‘natural born citizen’ within the meaning of the United States Constitution. Plaintiffs cannot use this Court to investigate and decide the President’s fitness for office or their related claims …
“Plaintiffs also seek to litigate in this court a variety of vaguely-defined claims purportedly related to a hodgepodge of constitutional provisions, civil and criminal statutes, and the Freedom of Information Act. These claims are equally flawed ...”
Jeff Schwilk, founder, San Diego Minutemen, attended the Sept. 8 hearing and reported back, “Judge David Carter refused to hear Obama's request for dismissal today, instead setting a hearing date for Oct. 5. He indicated there was almost no chance that this case would be dismissed. 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.
According to Schwilk, Carter, a former U.S. Marine, repeated several times that this case is very serious and must be resolved quickly so that the troops know their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war.
“Plaintiffs’ Attorney Dr. Orly Taitz did a great job, winning some huge victories today,” said Schwilk, adding, “She was fearless!”
Carter requested all counsel familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California in order “to secure the just, speedy and inexpensive determination of every action.”
Carter admonished counsel that a continuance of a scheduling conference is rarely granted and a continuance will only be granted only for good cause.
He would not be ordered to produce it, heaven forbid. No the State of Hawaii's Vital Statistics office would be so ordered, as their law provides. Barry would not be involved.
“But...Could Obama appeal?”
No.
If the judge does not dismiss the case and allows discovery, bam can’t do squat.
They are moving the goal posts...again. :-)
Septemeber/September.
I am sooo tired.
That will be the State of Hawaii not Obama.
Here is a transcript of the court order.
http://www.scribd.com/doc/19547072/03118728478
I hope so, but I’m going Missouri on it.
Will the Hawaiian Department of Health do the same? How about Obama's admission documents from his Hawaiian school Punahou or Occidental College?
How about when the judge sends over the US Marshals to enforce the court order(s)?
I hope Scwilk and others have not embellished about Judge Carter implying that dismissal is very very remote. Any legal beagles care to comment. I would guess a judge would have a hearing on the dismissal then a later hearing on discovery. I get the impression though I may be wrong that Judge Carter is saying show up on Oct 5(?) for the hearing on the dismissal (which he will wave away) and let's get down to business with discovery. Discovery meaning it is time for obama to pony up his BC among other docs. I get the impression that if Judge Carter does not see proof that O is natural born or born in America that he will rule he is ineligible. It appears the Judge already "gets it" on how an AMERICAN is eligble and ineligible to be TOTUS.
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Fair enough! I'll eat a little crow, now. I think it will still get tossed. |
It will amount to pleading guilty because the other side properly presented their evidence and it was not refuted. Preponderance of evidence will be on plaintiffs' side.
If that happens probably there will be no open revolt, but after listening one-on-one to a hundred important people in the country the President will have no options left but to resign.
So, IMO, if this case is not dismissed *and* if Obama has nothing to show then most likely the necessary documents will be conveniently found in archives and the FBI lab will vouch for their authenticity.
Well you are obviously not familiar with Judge Carter.
But I will be happy to put you on my “Steak Dinner Winner” list. BIG SMILE
My fellow Marine, Judge Carter, who also served in Viet Nam & also received a Purple Heart is gonna get to the bottom of this issue...come hell or high water!
Point, Game, Set, Match!
Semper Fi,
Kelly
this is the baffling idea ..... the judge gets the docs from the source, not from the defendant.
The other baffling concept: that the courts will find the authority to remove Obambi from office.
There is the attorney with a AB, BS, JD and PhD from Harvard who writes a web column. I forget his name but he was on Plains Radio a few times. He is big on getting rid of the Fed. Dr. Edwin Viera I think.
His analysis is The Joint Chiefs of Staff may have to send the military over to remove Hussein.
I view Judge Carter as the little boy in the Emperor Has No Clothes. No judge has had the guts to speak out. Carter, it appears, sees it as a cut and dry case like a traffic ticket or landlord dispute. Let’s see the evidence and I will make my ruling.
“Oh and by the way I take this very seriously because our troops are involved.”
This is NOT a man who will rule that our troops have “no standing.”
He has more credibility than Obama does.
Smith went to the Federal Court in CA to be deposed about Obama's Kenyan birth certificate, and made himself available to answer questions to the general public.
Smith's Obama birth certificate has been entered as evidence. Where is the Obama Certification of Live Birth that Crissy Mathews waved to his audience and O'Reilly said say Obama was born in Honolulu, Hawaii. Hmmmmmmmmm?
Pssssssst, it's nowhere to be seen in court. LoL!
Here he is outside the court house Tuesday.
Oh, looky, he has it in his hand.
It is my understanding the judge denied the motion to dismiss
It isn’t clear at all what the plaintiff’s are asking the court to do? Remove the Obama California ELECTORS who have already cast their votes? Invalidate the California vote result?
In any event, the DEMS have a serious problem.
I’m pretty sure he can’t use Executive Privilege because he was not president at the time of birth. The way I read the Executive Order, there is no mention that if the Court orders the documents he doesn’t have to comply. They can fle appeals if they want. The appeals can be denied or thrown out. Please don’t rain on my parade. :-)
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