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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: jamese777

Keep dreaming. Hawaii will have to produce what the plaintiff asks for.


161 posted on 09/10/2009 1:13:18 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
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To: kellynla

After death threats made to Joe Wilson for calling Obama a liar, I can only imagine the war this will cause if he is ineligible.

That does not stop me from wanting a court to make sure he is eligible. Posting a url as ‘proof’ isn’t anything. It wouldn’t work for any of us to prove our citizenship as required by law before starting a job, and it shouldn’t work for the guy with the nuke codes.


162 posted on 09/10/2009 1:16:22 PM PDT by autumnraine (You can't fix stupid, but you can vote it out!)
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To: 19D

Oh good LORD!! Can you imagine the bald liberals after pulling their hair out to LOSE Obama and GAIN Sarah?


163 posted on 09/10/2009 1:17:43 PM PDT by autumnraine (You can't fix stupid, but you can vote it out!)
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To: IamConservative

“Then what” is how we will see why Obama is using his authority in the US to punish Honduras for upholding their own consitution.


164 posted on 09/10/2009 1:18:46 PM PDT by autumnraine (You can't fix stupid, but you can vote it out!)
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To: Drew68
Where in the Constitution is "natural born" defined as having two citizen parents?
Where in the Constitution is "natural born" defined AT ALL?

You're saying that you think that despite all evidence to the contrary (Vittel, Blackwell, and the various letters and notes the founding fathers left) that just anyone can be president?

165 posted on 09/10/2009 1:24:56 PM PDT by null and void (We are now in day 232 of our national holiday from reality. - 0bama really isn't one of US.)
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To: GBA
I didn't realize nationality was considered to be race in the 60s...what country is "Caucasia"?

See also: Asian. Or were they still using "Mongoloid" in Hawaii in 1961?

Some Health Dept spokesman has stated that they accept whatever is submitted. It wouldn't surprise me if Obama Sr. wrote "African" in the "other" blank at the bottom of the list rather than check "Negro" or whatever the standard checkbox was. Africans saw themselves as better than American blacks and a Kenyan going to college in America is being groomed as the new ruling class of a decolonized nation. And what does the registrar care anyway? Is the registrar going to physically look at every father? His clerk accepts what's in the blank.

The story of "African" isn't the giveaway clue in a massive conspiracy. It's at least just as likely a very vaguely interesting story of black-on-black racism in the 1960s and bureaucratic laziness.

166 posted on 09/10/2009 1:29:32 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Talisker
Judge Carter was nominated by President Bill Clinton in 1998.

That could be good.

167 posted on 09/10/2009 1:42:17 PM PDT by giotto
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To: kellynla
The records put forth by the President show that President Obama’s Certificate of Live Birth took place in Hawaii.

His lawyers actually put forth records, pieces of paper with raised seals? Or is this a referance to the image on Daily KOS?

168 posted on 09/10/2009 1:43:04 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: IamConservative
Then what?

The court won't order him to do that, it will issue a suponae for the "birth records" to the State of Hawaii. I'll bet not everyone there is going to be willing to fall on their sword for The One.

169 posted on 09/10/2009 1:45:09 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: rarestia
What happens if he IS found to be a fraud? Does that reset everything back to 19 Jan 2009? All laws, all Supreme Court assignments, all AGs? Is there any jurisprudence on this?

Nope, not a thing. My prediction, and I'm not a lawyer although my daughter and her husband are (they ask me about the Constitution):

All Hell Breaks Loose!

That's a very specific engineering term, not a legal one. :)

170 posted on 09/10/2009 1:48:18 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Sloth
So Obama provides the same COLB that’s already out there, the judge (correctly) rules it valid, and the case is over.

Which one is that, the one where the seal and folds aren not visible, the one where the seal is barely visible, or the one where the fold and seal are hyper visible?

AFAIK, only "images" are "out there", fraudulant images most likely.

But the judge won't take a document submitted by the Obama or DOJ side, he'll order up a new one, likely the long form, directly from the State of Hawaii.

171 posted on 09/10/2009 1:53:01 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: sonofagun
We have jurisdiction and separation of powers arguments that will take years to get through before some CA judge gets to haul the President of the United States into court.

That's already been settled, Jones vs Clinton.

Besides the judge is a Federal Judge, who happens to serve in US District Court for the Central District of California.

172 posted on 09/10/2009 1:55:48 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Bubba Ho-Tep

I knew a well educated and well spoken US College Professor from Zaire (Africa) who told about his chances were either to work in the diamond mines like his brothers(and try to steal some diamonds)or go to school. He came to America and he had total contempt and disgust for most of the local “African-Americans” who would not use the advantages they had for education and employment and he plain out called them lazy. Yes I can see the pride in “African”


173 posted on 09/10/2009 1:56:30 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: DJ Frisat
This gives the goons nearly 4 months to lean on the judge. I think you can count on that. He’ll fold.

He's a former Marine officer who earned a Silver Star at Khe Sanh in the Central Highlands of Vietnam. He was critically wounded during the battle. He's unlikely to take lightly being leaned on by some Chicago thugs.

174 posted on 09/10/2009 2:11:37 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: autumnraine

“Oh good LORD!! Can you imagine the bald liberals after pulling their hair out to LOSE Obama and GAIN Sarah?”

it’ll be a replay of 2004 when all the leftist freaks were running off to the shrink


175 posted on 09/10/2009 2:12:41 PM PDT by 19D
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To: concerned about politics
A presidential recall and new election. In the meantime, we'd have president Biden.

The Constitution does not provide for either. It does provide for vacancies in the office of President. Most of those provisions speak of the removal of the President, or the death of the President. But if a person never qualified, and so was never legally President, it's a slightly different situation. By a combination of Section 3 of amendment XX and amendment XII, plus a bit of "English', a likely outcome would be for the House to pick a new President, from among the top three eligible electoral vote getters, per the That would be McCain, McCain and McCain. :)

But it that were to happen, McCain is challenge-able as well, not having been born in the US, but rather on the Coco Solo naval base in the Panama canal zone, where his father was the exec on a sub. (Some say he was born in Colon panama, which would definitely make him not Natural Born, and even being born on a US Naval base outside the US is questionable (although the base and the canal zone were under US control at the time).

176 posted on 09/10/2009 2:24:28 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: kellynla; BP2; pissant; LucyT; Calpernia; Fred Nerks; null and void; SatinDoll; SunkenCiv; ...
Would anyone be capable of identifying Jeff Schwilk, the man quoted in the article, as to what his legal expertise expertise is? It's strange that the authoress would quote someone about the judge and the case and not tell us who that person is.

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

That sentence is totally absurd. No document can "take place" in a geographical location. Furthermore, Obama never put forth a "Certificate of Live Birth." Rather, an image of a (forged) "Certification of Live Birth" was posted on a web site connected to the Obama campaign.

Clearly, this babe's journalistic talents leave much to be desired.

177 posted on 09/10/2009 2:25:32 PM PDT by justiceseeker93
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To: GBA
I didn't realize nationality was considered to be race in the 60s

African is not a nationality either. Kenyan is, British is, but not African.

178 posted on 09/10/2009 2:25:54 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: justiceseeker93

“Clearly, this babe’s journalistic talents leave much to be desired.”

The Obots are desperate - there must be a lot of nervous Democrats out there, knowing that there guy is liar and a scam artist.


179 posted on 09/10/2009 2:32:51 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: xzins
All he has to say is “there is no original birth certificate.

He won't be tasked to provide it, the state of Hawaii's Vital Statistics office will be. The head of the Health Department, of which Vital Statistics is a part, has already said they have "birth records". I doubt if she wants to be going to federal prison for contempt of court, or likely worse.

180 posted on 09/10/2009 2:34:31 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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