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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: kellynla

“We Marines, includi”ng Judge Carter, don’t take orders from usurpers, thank you”

neither do we cavalrymen


141 posted on 09/10/2009 10:36:44 AM PDT by 19D
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To: Dr. Eckleburg
...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.

Exactly! I was born a citizen in NYC and although one of my parent's family has been in the country since the early 1800's, the other parent was a legal resident green card. Although born a citizen, I am eligible for dual passports, and not eligible to run for president.
142 posted on 09/10/2009 10:39:32 AM PDT by algernonpj (He who pays the piper . . .)
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To: UCANSEE2

That is why the marriage was Void Ab Initio.

Sr could not make a valid marriage contract in Hawaii.


143 posted on 09/10/2009 10:42:46 AM PDT by RummyChick
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To: Bubba Ho-Tep

You do have a point.


144 posted on 09/10/2009 10:49:54 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: glennaro
at least until the judge receives that dead fish in the mail ...

Yeh, fresh filet of sole of Kenyan foot??? to be subsequently grilled, of course.

145 posted on 09/10/2009 10:56:21 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: algernonpj

That is what I am truly hoping for. Then we deport Nobama back to Indonesia at minimum or Kenya and take his aunt that is in Boston with him.


146 posted on 09/10/2009 11:12:02 AM PDT by Eric Roelfsema
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To: Bubba Ho-Tep
Of course. That would be correct and consistent. Caucasian is a race.

My point in my original somewhat sarcastic post to "Sloth" was that the FAKE COLB posted on the 'net to prove obama was born in Hawaii and therefore a NBC, has Obama Sr.'s race as "African" which is a nationality, not a race.

"African" was not what was listed for Race on forms, even those in Hawaii, in the 1960s for black Americans.

147 posted on 09/10/2009 11:33:53 AM PDT by GBA
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To: sonofagun
What happens if he IS found to be a fraud? Watts riots times 100!

And we differ from some third world African country how?

148 posted on 09/10/2009 11:33:56 AM PDT by ladyjane
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To: Bubba Ho-Tep
Here is post #37:

To: Sloth

So Obama provides the same COLB that’s already out there, the judge (correctly) rules it valid

Are you talking about the COLB that says Obama Sr.'s race is African? And his mother's race is Caucasian? I didn't realize nationality was considered to be race in the 60s...what country is "Caucasia"?

Personally, I hope, hope, hope obama provides that forgery as evidence in a court of law. Boy howdy, would that be some fun!

149 posted on 09/10/2009 11:37:10 AM PDT by GBA
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To: sonofagun

Maybe not if the FBI is ready for the communist community leaders and organizers who will orchestrate racist rage and riots.

Van Jones, Waters, Sharpton, Union members, etc. should all be forewarned that if they or their commie buddies incite riots, ring leaders will be prosecuted. The “mainstream” media as well must be warned that if they incite racist hate and violence in reaction to the enforcement of the constitution, they too will be held accountable for their actions.

Their employers should be warned that they will all be held accountable for civil penalities should their employees incite race hate and violence against the US government and constitution. That goes for all the foundations that fund community organizers who incite riots and violence.

We should be ready! We need to keep careful records of riot leaders in the press and in the communities. We should report these ring leaders of violence to the FBI.

We should also be ready to file a class action law suit against the Congress and the DNC and the GOP for committing treason and damaging the taxpayers, US citizens and the country. Soros should be named as well as he has funded the whole unconstitutional operation.

GE and all the networks management should be sued for putting out a demand of silence to employees forbidding the investigation of Obama’s citizenship and harming the republic in a conspiracy to cover up the fraud and violate the constitution and civil rights of all Americans.

In other words, the Left has to be put on notice immediately that they have screwed up big time and they can only make it worse for themselves by carrying it further into a civil war.


150 posted on 09/10/2009 12:03:24 PM PDT by SaraJohnson
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To: American Constitutionalist

My thoughts EXACTLY ! What could possibly take priority over a monumental case like this ? Ironically, Judge Carter was willing to decide on the Motion to dismiss TOMORROW (9/11)! but Kreeps wanted “more time” ! ! ! No wonder Orly wants him off the case...according to her, he is the reason the Lightfoot vs. Bowen case was not resolved — he went on vacation and did not return in time to go forward with the case... she actually stated recently that she wasn’t sure if he even represented the defendants since he causes all these delays ! We do NOT need any reasons to postpone this any longer than necessary....TIME IS OF THE ESSENCE ! A LOT of “behind the scenes” things can be perpetrated between now and Oct 5th hearing. VERY frustrating !


151 posted on 09/10/2009 12:17:12 PM PDT by rocco55
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To: Bubba Ho-Tep

Yes..and all the garbage about the newspapers proving BO was born in HI because the Dept of Health sends all of the birth announcements to local newspapers. This CANNOT be true because these twins were NEVER in any of the local Hawaiian newspapers, nor in any microfilm records of any local HI newspapers ! So the argument that he “must have been born in HI” because of the newspaper ads is TOTALLY without merit !


152 posted on 09/10/2009 12:29:20 PM PDT by rocco55
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To: kellynla; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; MeekOneGOP; ..
The site pests are busy . . . just sayin'

Image and video hosting by TinyPic

153 posted on 09/10/2009 12:36:17 PM PDT by LucyT
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To: rarestia

“That should nullify everythi”ng and mandate an immediate new vote for president, no?”

no,it would be McCain/Palin,as they recieved the most votes of any LEGAL candidates


154 posted on 09/10/2009 12:36:25 PM PDT by 19D
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To: jamese777

An affidavit would be hearsay and not the best evidence. If it goes to discovery the actual document will have to be produced.


155 posted on 09/10/2009 12:40:52 PM PDT by SeaHawkFan
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To: LucyT

Particularly where?

Heading off to pottery shortly.


156 posted on 09/10/2009 12:41:18 PM PDT by Quix (POL Ldrs quotes fm1900 2 presnt: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: Eric Roelfsema

“Then we deport Nobama back to Indonesia at minimum or Kenya and take his aunt that is in Boston with him.”

Gitmo,or Marion Federal penitentiary would be better


157 posted on 09/10/2009 12:43:42 PM PDT by 19D
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To: LucyT

The site pests and tr*ols better enjoy their time because October 5th is coming soon. If Judge Carter does not dismiss the case then discovery starts the same day.


158 posted on 09/10/2009 12:47:23 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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To: IamConservative

That little scenario is not that unlikely IMHO. We’ve argued all along that Obama’s ineligibility is a national security risk. What’s to stop him from using the same argument from the other side?


159 posted on 09/10/2009 12:53:03 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: Dr. Eckleburg
That's why the natural-born, two citizen parents clause was written into the Constitution

Where in the Constitution is "natural born" defined as having two citizen parents?

160 posted on 09/10/2009 1:06:22 PM PDT by Drew68
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