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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: dblshot
Not going to happen. 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.

It sure would cripple his agenda though.

21 posted on 09/10/2009 5:16:45 AM PDT by sonofagun
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To: stevie_d_64

I see Barry’s lawyers slapping down the same bogus piece of paper he posted on his website and saying this is it, you get no more.

Then the Judge will have to do his job.


22 posted on 09/10/2009 5:17:38 AM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: sonofagun
Watts riots times 100!

The blacks would riot? Are you serious? I would think there'd be a giant power vacuum in DC, and methinks that Obama and his ilk would hunker down in the White House. I don't think they'll give up power.

Question is: will the military stand up to their duty to protect us against domestic enemies (i.e. Obama)?

23 posted on 09/10/2009 5:18:39 AM PDT by rarestia (Confutatis maledictis, voca me cum benedictis)
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To: kevkrom
That is, assuming it ever gets that far.

My thought as well.

It is a very interesting constitutional entanglement should it proceed though.

24 posted on 09/10/2009 5:19:19 AM PDT by IamConservative (I'll keep my money. You keep the change.)
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To: dblshot

If the magnitude and uniqueness of this case are considered, I believe people will insist on a *quicker* verdict.

Hell, we’re paying his legal bills NOW! get’r done


25 posted on 09/10/2009 5:21:19 AM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: Gay State Conservative

“This won’t go anywhere.Some higher court will put a stop to it.”

Care to put your money where your mouth is? BIG SMILE


26 posted on 09/10/2009 5:24:32 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kevkrom
If he refuses to cooperate with such a simple and lawful request, he's going to spark a bonfire that he cant put out.

America will not tolerate a king. Period.

27 posted on 09/10/2009 5:24:40 AM PDT by PA-RIVER
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To: kellynla

It will be interesting to see how much longer the socialist media can remain silent. I tried to discuss this issue with a local radio talk show host who claims to be conservative. He interrupted me twice before hanging up on me.


28 posted on 09/10/2009 5:25:27 AM PDT by Man50D (Fair Tax, you earn it, you keep it! FairTaxNation.com)
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To: Talisker
“Judge Carter was nominated by President Bill Clinton in 1998.”

So...

Do you have a point to make or are you just practicing posting...

29 posted on 09/10/2009 5:25:52 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla

This gives the goons nearly 4 months to lean on the judge. I think you can count on that. He’ll fold.


30 posted on 09/10/2009 5:26:08 AM PDT by DJ Frisat (How's that change workin' out for ya, Obama voters?)
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To: mbynack
“there’s no way it will result in anything.”

Well, you’re entitled to be as wrong as the next guy. LOL

Sooner or later, Hussein is gonna have to show his ORIGINAL Birth Certificate...it may not be before his reelection run in 2012 but folks are not gonna tolerate much more of his Bravo Sierra.

31 posted on 09/10/2009 5:29:54 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla
However, Judge Carter hasn’t ruled on the discovery motion, which is the right to see the President’s still-concealed records

Not going to get too excited until I see the judge rule for discovery to get under way. Wonder why he didn't rule on this motion? The case can't move forward without discovery...

32 posted on 09/10/2009 5:31:44 AM PDT by NMEwithin
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To: wolfcreek
If the magnitude and uniqueness of this case are considered, I believe people will insist on a *quicker* verdict.

A presidential recall and new election. In the meantime, we'd have president Biden.

If Oboma turns out to have duo citizenship or is not an American citizen, hopefully the American people will rise up and demand a correction. We have laws in this country.

Oboma is not - contrary to what the democrats would like to have people believe - our God.

33 posted on 09/10/2009 5:32:01 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: kellynla

SMOKING GUN!


34 posted on 09/10/2009 5:34:30 AM PDT by maineman (BC EAGLES FAN)
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To: DJ Frisat
“He’ll fold.”

You don't know Judge Carter's reputation do ya...

35 posted on 09/10/2009 5:34:48 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla

“FREE THE LONG FORM!”


36 posted on 09/10/2009 5:40:51 AM PDT by Dryman ("FREE THE LONG FORM!")
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To: kellynla

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


37 posted on 09/10/2009 5:44:04 AM PDT by Sloth (Ted Kennedy's brain tumor has killed more people than my gun.)
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To: Man50D

Yes, many of these hosts seem afraid to even bring it up. I have lost respect for several of my formerly favorite hosts, and have switched stations.


38 posted on 09/10/2009 5:46:13 AM PDT by cvq3842 (Countless thousands of our ancestors died to give us the freedoms we have today. Stay involved!)
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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.”

And you're allowed to be as wrong as the next guy. LOL

39 posted on 09/10/2009 5:50:10 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: mbynack

It doesn’t matter if Obama is ever in court. What matters is the discovery.

The discovery will destroy him.

He swore that he was a natural born citizen on a document he signed. Unfortunately, born in Kenya to a US citizen IN HIS MIND..may make him a natural born citizen.

There has never really been a definition that would exclude those circumstances.

However, claiming he was born in Hawaii when not..shows him up to be a liar. It should have been for the courts to decide whether he was eligible. He was a Constitutional professor as he likes to claim.

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.


40 posted on 09/10/2009 5:54:06 AM PDT by RummyChick
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