Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220 ... 301-315 next last
To: justiceseeker93; AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; ...

Thanks justiceseeker93.


181 posted on 09/10/2009 2:40:34 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 177 | View Replies]

To: Bubba Ho-Tep

Oh really! Thank you for that information. Now I wish I hadn’t clicked to see the article itself!!


182 posted on 09/10/2009 2:47:13 PM PDT by Actually_in_Tokyo (ahead of the game)
[ Post Reply | Private Reply | To 133 | View Replies]

To: kellynla

Thank God for the Marines.


183 posted on 09/10/2009 2:47:35 PM PDT by smoothsailing
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

Honestly, if the goverment grinds to a complete halt until the next election, I see this as better than a McCain victory.


184 posted on 09/10/2009 2:47:51 PM PDT by dangerdoc (dangerdoc (not actually dangerous any more))
[ Post Reply | Private Reply | To 120 | View Replies]

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.

185 posted on 09/10/2009 2:50:18 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 71 | View Replies]

To: El Gato; concerned about politics

What would happen if Obama is affirmed a usurper and must be removed from office? (Probably by the military under orders from the Supreme Court - just as in Honduras.)

Precedence was set in the U.S. Senate when two elected Senators were discovered to be foreign nationals, not U.S. citizens. Those elections were declared VOID - struck from the records as though they had never occurred and new elections were held. It should be expected that this will set precedence in this case.

If it happens with Obama I presume that the Houses of Congress will vote for a new President. God help us!

This could be dicey as the Democratic Party chiefs in both houses were involved with the Obama candidacy and knew about his ineligibility (Pelosi filled out paperwork for Obama as the Decmocratic Party’s candidate. She left out the part about eligibility verification - she is toast if she knew beforehand that he was ineligible! It means prison time.)

As for Senator John McCain; he was born in a public hospital in the city of Colon, Republic of Panama, three years before the U.S Navy Hospital would be built.

He is a citizen by statute as his parents were both U.S. citizens and he was born abroad (jus sanguinis).

He is not a natural born citizen, as he was not born in the U.S.A. to citizen parents.

Oddly enough when the Constitution was first written there was an inclusion (1790) allowing children born overseas to U.S. citizen parents to be considered natural born citizens, but it was repealed by 1795.

I hope this helps clear any confusion you both might have on this subject.
Natural born citizenship established by natural law is not found in any legal statutes concerning citizenship. It is the only type of citizenship that cannot be conferred by law, only by birth. This concept was very familiar to our founders.


186 posted on 09/10/2009 2:56:39 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
[ Post Reply | Private Reply | To 176 | View Replies]

To: Actually_in_Tokyo

Welcome to the Wild West of new media. I’m not saying that’s what happened in this case, but the trick is to write something, then drop it into as many discussion boards as you can, driving eyeballs to your page. The longer you make them stay, the more they click through to something else from that site, the more money you get. It’s all very democratic and free enterprise, but it doesn’t necessarily make for quality.


187 posted on 09/10/2009 3:01:17 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
[ Post Reply | Private Reply | To 182 | View Replies]

To: kellynla

It’s not even at ‘Check’, let alone ‘Checkmate’. Way too much needs to happen yet.

Big step, no doubt, but a long way from over.


188 posted on 09/10/2009 3:07:12 PM PDT by RinaseaofDs
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins; Drew68

People may or may not be able to prove Obama is a native citizen and not foreign-born, evidenced by his actual birth certificate, wherever that may be.

An easier route to establish his disqualification for the Presidency (keeping in mind his father was a British/Kenyan citizen) is to state Obama is not a natural-born citizen according to what that phrase meant at the time it was written. So please read the following link...

http://puzo1.blogspot.com/2009/08/law-of-nations-and-not-english-common.html


189 posted on 09/10/2009 3:09:42 PM PDT by Dr. Eckleburg ("I don't think they want my respect; I think they want my submission." - Flemming Rose)
[ Post Reply | Private Reply | To 135 | View Replies]

To: xzins; algernonpj

Ping to 142.


190 posted on 09/10/2009 3:13:17 PM PDT by Dr. Eckleburg ("I don't think they want my respect; I think they want my submission." - Flemming Rose)
[ Post Reply | Private Reply | To 142 | View Replies]

To: Frantzie

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


Not according to Hawaii statutes they won’t. However the Attorney General of the state of Hawaii could have and still can issue(d) a subpoena for Obama’s long form birth certificate at any time under Hawaii statutes.
The Attorney General of Hawaii is a Republican and his name is Mark Bennett.
The relevant statute under Hawaii law is HRS 338-18(b)(9).
You can google it and read it for yourself.


191 posted on 09/10/2009 3:18:24 PM PDT by jamese777
[ Post Reply | Private Reply | To 161 | View Replies]

To: kellynla

The first thing Obama did after taking office was pass 800 billion dollars in monies that are still largely in the hands of this administration. Throw in the leftovers from his 600 million dollar campaign fund, and I would be willing to bet you that Team Obama and their army of lawyers and paid off judges can get this case thrown out.


192 posted on 09/10/2009 3:19:12 PM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeaHawkFan

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


A sworn affidavit from the Director of the Hawaii state Department of Health is NOT hearsay.


193 posted on 09/10/2009 3:20:02 PM PDT by jamese777
[ Post Reply | Private Reply | To 155 | View Replies]

To: Gay State Conservative
You are correct. The California Supreme Court is very liberal. If this gets to the CSC, they will reverse any decision made against Hussein Obama. This case, if it gets very far, will never ever see the light of day at the SCOTUS. Truly sad times for out Republic.
194 posted on 09/10/2009 3:24:08 PM PDT by Mr. Wright
[ Post Reply | Private Reply | To 4 | View Replies]

To: jamese777

It will not be controlled by HI state statute.


195 posted on 09/10/2009 3:27:05 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
[ Post Reply | Private Reply | To 191 | View Replies]

To: jamese777; SeaHawkFan
It would, however, violate Rule 1002 of the Federal Rules of Evidence, which states in full :

To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided by these rules or by Act of Congress.

196 posted on 09/10/2009 3:31:09 PM PDT by Mr. Lucky
[ Post Reply | Private Reply | To 193 | View Replies]

To: Bubba Ho-Tep
What you posted is definitely possible and certainly more thoughtful than my post. Thanks for that.

However, I have learned that a COLB from Hawaii in the early 1960s is no guarantee that the holder of that COLB was born in Hawaii.

And Obama Sr. being African, especially if he had no intention of becoming an American citizen, would mean obama could not be a natural born citizen.

197 posted on 09/10/2009 3:41:33 PM PDT by GBA
[ Post Reply | Private Reply | To 166 | View Replies]

To: justiceseeker93

She said exactly what she needed to say — that the CoLB took place in Hawaii, not the birth itself. See? Truth wins out again. ;’)


198 posted on 09/10/2009 3:43:10 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 177 | View Replies]

To: Mr. Wright

The case is in U.S. Federal Court not state court. It would go to the Ninth Circus eventually then SCOTUS.

Orly needs to resist any attempt by Obama to put a seal on the evidence. Judge Carter will probably decide in her favor because he based on his statements - the public and soldiers need to know.


199 posted on 09/10/2009 3:43:26 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
[ Post Reply | Private Reply | To 194 | View Replies]

To: El Gato

i once saw a documentary about Khe Sanh. It made the final scene of Platoon look like a tea party.

I did not know his wounds there were that serious. Some how I think Judge Carter takes The Constitution and defending our soldiers VERY seriously.


200 posted on 09/10/2009 3:46:31 PM PDT by Frantzie (Lou Dobbs & Glenn Beck- American Heroes! Bill O'Reilly = Liar)
[ Post Reply | Private Reply | To 174 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220 ... 301-315 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson