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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: stevie_d_64
I don’t know if anyone actually cast a vote for Joe Biden...I could be wrong...

About 69.5 million did.

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...

He was on the ballot I cast. I didn't vote for him but I did see his name there.

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...

Read the Constitution and point out to me where that scenario is supported please.

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...

No, we don't. We will in 2010 though.

121 posted on 09/10/2009 8:30:52 AM PDT by Non-Sequitur
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To: Non-Sequitur

Another kewl way of giving President Zero the “byrd” as he is dragged out of the Whitehouse.


122 posted on 09/10/2009 8:41:29 AM PDT by GYPSY286 (Politicians must USE their heads or Americans will LOSE their heads.)
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To: kellynla

Posted on Examiner.com comments 9/10/09

On August 25, 2009, Wiki had a color-coded global map of countries using different date formats (search wiki date format) and Kenya jumped out all by itself (in purple) as using two formats, one of which matched Lucas Smith’s Obama Kenya Birth Certificate.

List of the world locations by date format in use as of (8/25/09) was:
Kenya (d/m/yyyy and m/d/yyyy)

On August 27, 2009 an Obama supporter named Mystlylplx edited the Wiki date format page to show Kenya as only using dd/mm/yyyy and admitted it in Lucas Smith’s video comments. The Mystlylplx edits are also recorded in the Wiki record of edits for the date format page. As of today, the dual date formats for Kenya have been restored to the dual dates that had been shown August 25, 2009:
Kenya (dd/mm/yyyy)or (mm/dd/yyyy)and the map on the page shows Kenya in purple as a dual date format country.

I suspect that Obama supporters will continue to attempt to edit the Wiki page to undermine the Lucas Smith BC.


123 posted on 09/10/2009 8:51:37 AM PDT by Seizethecarp
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To: kellynla

My prediction: The Obama team disregards this case and a summary judgment is made in favor of the plaintiff. This judgment is immediately appealed. The Court of Appeals in California overrules the decision on some technicality in civil procedure. The case will proceed to the U.S. Supreme Court. Much deliberation will ensue over whether or not Obama appointee Sotomayor will recuse herself from the case. After much delay, the Court will be split down the middle, with one Justice recused, and unable to reach a decision. Thankfully, 2010 elections will have swept a considerable portion of the socialist trash out of the Whitehouse. The upcoming elections are critical. We must elect Constitutional conservatives, not RINO's. Remember, the victors write the history books. Keep your powder dry.


124 posted on 09/10/2009 8:53:23 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Non-Sequitur

I would assume it has to do with how each state draws up their ballot for that election then...

I do not recall seeing any other names but Barack Obama and John McCain, lemme go check the talley sheet I have locked up here at the house...

I’ll let you know...


125 posted on 09/10/2009 9:07:08 AM PDT by stevie_d_64
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To: algernonpj
Of course Zero could be an illegal alien, as far as we know.

Or just 'alien'.


126 posted on 09/10/2009 9:20:20 AM PDT by UCANSEE2 (Where's this tagline thing everyone keeps talking about?)
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To: RummyChick
He should also know he was never a UK citizen since he is a lawyer..unless he had been born in Kenya . He certainly knows that supposed marriage to his mother was Void Ab Initio - IF IT EVER TOOK PLACE.

Correct me if I am wrong, but didn't Obama Sr. already have (at least) one wife?

127 posted on 09/10/2009 9:21:58 AM PDT by UCANSEE2 (Where's this tagline thing everyone keeps talking about?)
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To: kellynla

Obama’s attorneys won’t have to produce anything in court other than a sworn affidavit from the Director of the Hawaii State Health Department, Dr. Chiyome Fukino.
Dr. Fukino is already on the public record with the following statement:
“I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barrack Hussein Obama was born in Hawaii and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago...”


128 posted on 09/10/2009 9:36:15 AM PDT by jamese777
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To: All; DungeonMaster

I suspect even this will end leaving most birthers still dissatisfied.

In other words, I’m not getting my hopes up.


129 posted on 09/10/2009 9:46:27 AM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: rarestia

Unfortunately, the US Supreme Court has determined that a politician has the legal right to lie as protected by the 1st Ammendment.

If he is impeached because he was never eligible(not because he lied), I don’t think we can hope for more than a wounded Biden presidency. But on the bright side, Free Republic and the talk shows should be very enteraining until 2012, after all, Biden is the gift that keeps on giving.


130 posted on 09/10/2009 9:54:22 AM PDT by dangerdoc (dangerdoc (not actually dangerous any more))
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To: xzins; P-Marlowe; blue-duncan; Calvinist_Dark_Lord; 1000 silverlings
If native-born and natural-born are interchangeable, then why the need for two different terms?

Read up on Alexander Hamilton. That's why the natural-born, two citizen parents clause was written into the Constitution -- to prevent the divided loyalty that may result when one parent is a citizen of a foreign country.

131 posted on 09/10/2009 10:09:04 AM PDT by Dr. Eckleburg ("I don't think they want my respect; I think they want my submission." - Flemming Rose)
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To: kellynla
I hope Judge Carter stays away from parks and stays safe until this is over..........


132 posted on 09/10/2009 10:13:38 AM PDT by OB1kNOb (Citizens should not fear their government. Government should fear its citizens. - V)
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To: Actually_in_Tokyo
It is unbelievable that such poor writing would appear in a major newspaper. Ugh.

It didn't. examiner.com is a glorified blog. Just about anyone can post an article, and you're paid based on page views.

133 posted on 09/10/2009 10:21:58 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: MrB

Newt Gingrich was sending the Marshalls to get Clinton when he refused to comply with the court-there is precedent.Clinton decided he’d comply after all


134 posted on 09/10/2009 10:23:38 AM PDT by 19D
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To: Dr. Eckleburg

What matters is the law. If “natural born” is not defined legally, then it means nothing in this discussion. That’s the point.

What is defined is “native born” (iirc.) It has to do with age, years residence, etc.

The truth is that one month after his birthdate, his mom was enrolled in college on the west coast, Washington, I think.

That means that if born in Kenya, someone’s gonna have to come up with a plane ticket to prove it.

Can YOU prove that Obama is NOT a native born citizen?


135 posted on 09/10/2009 10:25:34 AM PDT by xzins
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To: Uncle Chip
It has already gone somewhere --

... at least until the judge receives that dead fish in the mail ...

136 posted on 09/10/2009 10:26:26 AM PDT by glennaro
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To: GBA
And his mother's race is Caucasian?....what country is "Caucasia"?

The Nordyke twins long forms, the authenticity of which I haven't heard challenged, show the parents race as "Caucasian," too.

So does this example from 1963:


137 posted on 09/10/2009 10:29:09 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Dr. Eckleburg

Irregardless, it’s clear that Obama is not an American. Being American is more than claiming birth somewhere— he doesn’t love our country, our people, black or white or all variations, he doesn’t love grandma or apple pie. He comes right out and tells us all the time. Actions speak louder than words, and he gives us both. When somebody doesn’t love you, break off the relationship, it’s toxic


138 posted on 09/10/2009 10:32:31 AM PDT by 1000 silverlings (everything that deceives, also enchants: Plato)
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To: UCANSEE2

ROFL and hearing ‘Thriller’ in my head!


139 posted on 09/10/2009 10:34:03 AM PDT by algernonpj (He who pays the piper . . .)
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To: Seaplaner
I do believe it quite curious, however, that Marxist Obama doesn't produce a birth certificate, if it would embarrass his political enemies.

What political enemies? What conservatives leaders--real leaders--are taking up the subject?

140 posted on 09/10/2009 10:36:01 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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