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Birthers Get Their Day in Court – Obama Must Now Prove His Citizenship
examiner.com ^ | September 9, 2009 | Kimberly Dvorak

Posted on 09/10/2009 4:54:47 AM PDT by kellynla

Americans’ who do not believe President Obama is a U.S. citizen won a huge decision in California as a judge set three court dates, one of which will require the President to prove his citizenship.

The case will be heard by U.S. District Judge David Carter in Southern California, it is the first time the merits of the President’s citizenship will be argued in open court.

The first obstacle the plaintiffs will have to overcome is an October 5 motion to dismiss as well as the arguments on the issue of discovery. From there the plaintiffs will have to navigate a pretrial hearing before Judge Carter will hear the case tentatively set for January 26, 2010.

According to Jeff Schwilk, who was in the courtroom, the judge was solid as a rock. “The audience of about 45 was nodding and giving thumbs up to each other on almost all of his decisions.”

“He (the judge) is determined to get Obama to prove he is eligible,” Schwilk explained. “Things are going to move very fast.”

However, Judge Carter hasn’t ruled on the discovery motion, which is the right to see the President’s still-concealed records. Judge Carter didn’t rule on the motion to dismiss either.

The next few weeks will tell if the California plaintiffs will actually be able to challenge President Obama in open court.

The lawsuit claims President Obama is actually a citizen of Indonesia or Kenya. This would violate the U.S. Constitution, Article 2, Section 1, it says, “No person except a natural born citizen, or a citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the office of the President.”

The records put forth by the President show that President Obama’s Certificate of Live Birth took place in Hawaii.

“It’s pretty close to check mate, but of course the Obama team will try to come up with something to get their way,” Schwilk finished.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; colb; eligibility; obama; obamanoncitizenissue
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To: MortMan
Well, with Byrd’s knack for renaming things, it might be interesting to have the “Byrd House” on Pennsylvania Avenue! ;-P

And the presidential bathroom would be the "Byrd Bath". State dinners would be "Byrd Feeds". The opportunities are endless.

101 posted on 09/10/2009 7:10:29 AM PDT by Non-Sequitur
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To: 19D

He would have to be impeached, I believe.
I don’t think this would happen, even if the judge found him in contempt.


102 posted on 09/10/2009 7:11:28 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: kellynla
Now run along and quit bothering me with your lame posts.

Stop being a jerk. Judge Carter is a Clinton appointee, and my merely stating that fact turns you rancid?

Hmmm. Clinton appointee, insulting aggression over the mildest inquiry... looks like there's more here than first meets the eye.

Thanks for confirming my suspicions, though - it brings up the next questions: why would the Clintons want Obama's birth record reviewed in court? And how could they bring such a thing about?

Don't be shy - feel free to speak up if you have any ideas. I mean, these are such tough, unexpected, difficult, obscure questions that we're all going to have to work really, really hard to figure them out.

103 posted on 09/10/2009 7:11:34 AM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: Non-Sequitur

And his cabinet advisers would be “Byrd Brains”!


104 posted on 09/10/2009 7:11:41 AM PDT by MortMan (Stubbing one's toes is a valid (if painful) way of locating furniture in the dark.)
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To: kellynla
Do you have a point to make or are you just practicing posting...

It's just an observation. Kind of like observing that you tend to be a dick for no particular reason.

It's just a statement of fact.

105 posted on 09/10/2009 7:20:06 AM PDT by TankerKC (USAF...retired.)
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To: kellynla

Is the judge married? Does he have kids? He’ll fold.

(OTOH if he has a wife but the marriage isn’t going well...)


106 posted on 09/10/2009 7:25:30 AM PDT by ladyjane
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To: mbynack
If they could prove he's not legal it would take an impeachment to remove him and that's not going to happen.

My understanding is if a person is shown to be ineligible to serve as president after reaching office, he is simply removed from office as a foreign userper. No vote for impeachment. Everything said individual did in office would be nullified.

107 posted on 09/10/2009 7:33:31 AM PDT by IYAS9YAS (The townhalls were going great until the oPods showed up.)
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To: Non-Sequitur

Not if Biden is there long enough to have to appoint a new Vice President.


108 posted on 09/10/2009 7:35:05 AM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: kellynla

Not CITIZENSHIP.....ELIGIBILITY!!!

Can’t anyone get this right?


109 posted on 09/10/2009 7:36:09 AM PDT by Uncle Miltie (Which was the lie, 0bummer: 47 or 30 million uninsured?)
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To: PA-RIVER

“Military has reasonable cause and duty to stand down until situation changes.”

This won’t happen. The military does not function that way. Until POTUS Obama is impeached, then tried and found guilty in the Senate, the military has to still continue to comply. We don’t do “coups” in this country. After a sitting POTUS is removed, then the military follows the next POTUS picked in accordance with the constitution. The military never “stands down”, the chain of command just changes.


110 posted on 09/10/2009 7:39:42 AM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Sloth
Um... neither African nor Caucasian is a nationality. I don't know where you picked this delusion up. And Caucasus is a region between the Black and Caspian Seas in southeastern Europe.

***No, really?***

My post to you was somewhat sarcastic. You apparently haven't seen the COLB you referred to. It has Obama Sr.'s race as being "African" rather than what would have been used at the time. In other words, that COLB is probably a FRAUDULENT document and I hope they bring it to court as proof.

111 posted on 09/10/2009 7:47:28 AM PDT by GBA
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To: Non-Sequitur
...under the laws in effect at the time he did not gain natural born citizenship status through his mother's nationality.

I believe that is true - technically. However, it is only true because of her age, and also by current law he would have been natural born. So it is something of a technicality and probably not important enough to remove a sitting President.

However, his credibility and trustworthiness, already damaged, would be totally shot.

112 posted on 09/10/2009 7:53:54 AM PDT by expatpat
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To: wolfcreek
Let the forgeries begin. (again)

Ah, but even good looking forgeries could not withstand a proper forensic analysis.

We are talking paper that is most likely no longer milled and certainly aged, inks of chemical composition that could be quite difficult to simulate (and what about oxidation?), and even the ages of the finger smudges. What about font styles? (We here at FR know all about that one, nyuk, nyuk, nyuk)

Then, there are other corroborating bits of evidence. Yeah, newspaper birth announcements say Hawaiian birth, but those could have been fairly easy for a well-connected grandfather to secure.

Hypothetically, if someone were to try to forge a very old official document, that person would do everything to avoid a through forensic analysis.

All this said, I am not a 100% "birther". I do believe it quite curious, however, that Marxist Obama doesn't produce a birth certificate, if it would embarrass his political enemies.

Good on the judge for wanting to settle this the correct way.

.

113 posted on 09/10/2009 7:59:17 AM PDT by Seaplaner (Never give in. Never give in. Never...except to convictions of honour and good sense. W. Churchill)
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To: Non-Sequitur

I don’t know if anyone actually cast a vote for Joe Biden...I could be wrong...

I actually voted FOR Sarah Palin, John McCain just happened to be on the ticket...

Therefore, if by some impeachable or ineligability offense, Obama would therefore be removed from office and Biden would vacate the Naval Observatory because he was on the ticket...Not on the ballot...

So I believe in a legal proceeding the line of succession goes to Madam Speaker in this case, and so on and so forth...

And it would only be for the time until a special election is conducted, and at the completion of that, she would revert to her position in Congress...

But, in reality, we all know nothing will come from any of this...

Would you agree that we need to consentrate on the local elections (You have those in your state don’t you this year “Non-Sequitur”, I’m just asking, not sure of the scope in your neck of the woods) and get the turnaround started this year...Then its on to November 2010...

2012 will probably take care of itself for a variety of reasons...


114 posted on 09/10/2009 8:04:09 AM PDT by stevie_d_64
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To: Talisker; kellynla

Depends on what the definition of “hmmmmm” is...

(I couldn’t resist)


115 posted on 09/10/2009 8:06:49 AM PDT by stevie_d_64
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To: kellynla
Never happen. January may as well be 1,000 years from now.
116 posted on 09/10/2009 8:07:41 AM PDT by mad_as_he$$ (Nemo me impune lacessit The law will be followed, dammit!)
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To: rarestia

It’s not that clear at all. I have never seen a legal provision for a presidential redo.

If the president is unable to fulfill the his duties for any reason, the presidency falls upon the vice-president. Unless you can produce a law that would supercede this dictum, I don’t see how you get around it.

I didn’t vote for him but Biden’s name was on the ballot when I voted last year.


117 posted on 09/10/2009 8:17:11 AM PDT by dangerdoc (dangerdoc (not actually dangerous any more))
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To: American Constitutionalist

How in the world would you shame Biden or Pelosi? Especially Nancy, that woman is shameless, there is nothing in the world that would cause her to resign. If impeached, there would be artificial nails embedded in the doorjams for tourists to look at for the next 200 years.


118 posted on 09/10/2009 8:21:31 AM PDT by dangerdoc (dangerdoc (not actually dangerous any more))
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To: F15Eagle
This is the first time we have something that will hang the Messiah. What I like about the Smith guy is that he is not politically motivated. For all I know he may well have voted for Obama. He did it simply to make money, and used criminal methods (bribery) to get the certificate.

I believe this is the only way to get to the truth : Watergate style of burglaries at Occidental College, Columbia, Harvard... to get the documents that the Messiah is hiding.

119 posted on 09/10/2009 8:23:00 AM PDT by Drtender
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To: dangerdoc

I understand what everyone’s saying, and now I understand the law in the light of the Constitution. My contention is/was that Obama lied to everyone from the beginning, he should’ve never been vetted by Congress (from my understand, he wasn’t anyway), thus his entire candidacy was fraudulent. People voted for someone on a ballot that should’ve never been disseminated due to questions of Constitutional validity.

I think the point to this thread is that no one can necessarily fathom the Constitutional quagmire this country would be in if he’s found to be a fraud.


120 posted on 09/10/2009 8:28:57 AM PDT by rarestia (Confutatis maledictis, voca me cum benedictis)
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