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To: Red Steel

I get the impression he may be ready to go right into discovery.
The court room statements for Judge 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 his comments about the motion he recieved from the government lawyers on Friday....

“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.”


Yup. Judge Carter said that “90% survive 12(b) motion”.


177 posted on 09/10/2009 10:43:26 AM PDT by AlexisHeavyMetal1981 (oct 5 hearing for MTD, hmmmmm...... Mr. Obama, you're no Mr. October.....)
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To: AlexisHeavyMetal1981; Red Steel
Y'all might want to read what constitutes a 12(b) motion and then read the defense's move to dismiss.

Federal Rules of Criminal Procedure, Rule 12

Defesne Motion to Dismiss

My goodness! A motion to dismiss is not included under Rule 12(b)!

179 posted on 09/10/2009 10:52:08 AM PDT by Non-Sequitur
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