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.
“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.”
I have to tell you, this guy seems really nice. I’ve been told that the majority of fed judges are stickler for rules, extremely formal, less patient and do not offer advice like that. I’m impressed again. :-)
I talked to Polarik about this months ago in a private email and he said dummying up a long form BC would be impossible. I am not so sure. Other evidence would be needed to help Orly.
Kenya will be in O’s corner. I wonder if that Kenya copy is good enough to show his foot print.
Hawaii has not really vouched for him being born there.
The natural born arguement disqualifies Obama but is tougher arguement but birth in Kenya would be a slam dunk.
The same Dr. Viera who predict it would/may take many BC/NBC lawsuits that were dismissed before this case would be heard by the courts, but it would be eventually heard. Yeah, he's one of the good guys. ... It figures some Commie is after him.
If he can’t/won’t produce the evidence to prove he’s legit, wouldn’t impeachment be the next step?
>>> If the case goes forward, I’m betting that Obama will simply ignore the court’s order to produce the birth certificate.
Thats exactly what Obama did before, and it worked for him.
Because after Obama’s direct defiance of the court order to respond, the judge just threw the case out. Then he was just a candidate... now he is the president.
You may have a good bet.
Executive priveledge will not work as the basic question is whether he is qualified to be president. If your not qualified, you have no executive priveledge.
He would not be involved in discovery. The judge would order all seals removed for discovery on all of his documentation.
The only thing Obama can do, is voluntarily bring forth his documentation to the court.
So in that regard, IMO he would not show up. But rest assured, IF the judge orders it, the documents WILL be made available.
Hmmmm...How about The Revolution begins and The One Declares himself the True Messiah after sending in the storm troopers. Or maybe "The Night of the Long Knifes Part Duex". Then there is always, I'm feeling Hawkish and let's go to war with the ChiComs for not being Green, that'll keep everyone busy.
I suppose he will try but EOs only cover the Executive Branch. And I suppose Obama will do his best to enlarge the jurisdiction with his obstruction of justice EO, but will fail in the end.
If I remember correctly (or maybe not) a judge ordered Nixon to turn over tapes, and when they got them there was 18 minutes missing and I think that started the process to impreach him...but he quit....
Yeaaaaaaaaaaaaa...Ann Coulter has been reeeeeeeeeeeeeeeel quiet since yesterday now hasn't she...
Glenn is going to have some HUGE announcement tomorrow...er...today, Septemeber 10. he hasn’t said what it is, only that no one will be talking about healthcare after whatever it is.
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Wow! Thanks MestaMachine
He can’t appeal until he loses
Thanks for the heads up on Beck.
The Judge said he would rule on the dismissal at the next hearing and be ready to go into discovery.
I get the impression he may be ready to go right into discovery.
Does it taste like chicken? ;^)
The question then becomes what next? Does Tailgunner Joe take over? Or is he disqualified because he was on the ticket and heaven forbid Nancy Marx take office?
The worst scenario is that we wind up in a Constitutional Convention and now the Dems with unstoppable majorities rewrite the whole thing.
The GOP needs to have a game plan, because the Law of Unintended Consequences can be a bitch.
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