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 ... 241-260261-280281-300301-315 next last
To: rarestia
In the event that Obama’s Kenya BCs are validated and the HI BC proves to have been a falsifiable report of a home birth, it may be that Judge Carter could simply find Obama to have been ineligible to be on the CA ballot opposite Keyes and fashion a personal monetary remedy in favor of Keyes.

Judge Carter might be able to make such a judgement for Keyes without issuing any order to remove Obama as POTUS. Recognizing that the constitution does not give that power to the judiciary, Carter might just leave it to Congress to affirm or refute his federal court finding of Obama’s eligibility.

Both the US AG and Congress would be hard pressed to ignore the finding of a federal court, upheld by SCOTUS, that Obama was ineligible and fail to do their sworn duty to remove him either by declaring the presidency vacant, impeachment if fraud was suspected, or through quo warranto in the case of the US AG.

261 posted on 09/10/2009 7:25:35 PM PDT by Seizethecarp
[ Post Reply | Private Reply | To 13 | View Replies]

To: rarestia

NS is either a madman (madlady) who merely enjoys tormenting with stupidity the rational freepers on these threads, or could be an Obama supporter. Or both. Don’t ever ask him/her a question unless you want a s**t sandwich of lies that have been proven wrong hundreds of times.


262 posted on 09/10/2009 7:36:19 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
[ Post Reply | Private Reply | To 80 | View Replies]

To: kellynla
hey, missy, you’re on the “renege list”...get lost

Coward.

263 posted on 09/10/2009 7:37:12 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 204 | View Replies]

To: xzins

In one of Obama’s “autobiographies” he writes about finding his birth certificate, vaccination records and so on in his grandmother’s apartment, I don’t know how old he supposedly was. I never read the things. Someone would know.

So there was supposedly at one time an actual birth certificate. Says he. So he can’t lie now and say there isn’t one.


264 posted on 09/10/2009 7:38:34 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
[ Post Reply | Private Reply | To 86 | View Replies]

To: El Gato
I think you'll find they voted for the Obama-Biden ticket. No choice to say vote for McCain for President and Biden for VP.

Nor could you vote for McCain and not Palin, or Obama and not Biden. A vote for one was a vote for the other.

265 posted on 09/10/2009 7:39:44 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 222 | View Replies]

To: American Constitutionalist

If 0bama is out and is proven fraudulent, the Dem party and all those who kissed his a** will be neutered.


266 posted on 09/10/2009 7:39:50 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
[ Post Reply | Private Reply | To 95 | View Replies]

To: Bubba Ho-Tep

On one of the gazillion threads several weeks ago, someone researched what the names for various races were on HI state forms in the mid-sixties. “Negro” was the term for black, there was no name “African”. Unfortunately I have no link and can’t remember who posted that bit of info. All I have is my memory and I noticed it because I have been rather obsessive with these threads, when I have time.


267 posted on 09/10/2009 7:48:07 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
[ Post Reply | Private Reply | To 166 | View Replies]

To: Dryman

“FREE THE LONG FORM!”


lol — perfect.


268 posted on 09/10/2009 7:50:54 PM PDT by Yardstick
[ Post Reply | Private Reply | To 36 | View Replies]

To: El Gato

There are several problems with a marriage in Kenya.

A later law passed in the UK addressed marriages before 1971 or 1972 It would not have been considered valid if someone was domiciled in the UK or similiar country - such as the US.

I have no idea how this would effect someone who had already registered the UK citizenship and was a bona fide UK citizen. I doubt they would revoke it. But what about someone who had never registered if registration was required. I can’t remember if registration would have been required if born in the US under these circumstances.

Another problem is the fact that Ann was white. I saw a reference that there was a law that she would have had to get approval and register a marriage in kenya if marrying a black Kenyan. I haven’t looked to see if that is true or how that effects the law about no mixing of customary and statutory marriages.


269 posted on 09/10/2009 8:09:12 PM PDT by RummyChick
[ Post Reply | Private Reply | To 241 | View Replies]

To: little jeremiah

DITTOS !!


270 posted on 09/10/2009 9:12:12 PM PDT by American Constitutionalist
[ Post Reply | Private Reply | To 266 | View Replies]

To: El Gato

Thank you.


271 posted on 09/10/2009 9:20:20 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
[ Post Reply | Private Reply | To 256 | View Replies]

To: SatinDoll

Found it. Again from the Washington Post's Dobbs

The birth certificate was signed by Captain W. L. Irvine. I have now checked that name against the Naval Register for 1936, and I find that William Lorne Irvine was director of the medical facility at the submarine base hospital in Coco Solo, Panama Canal Zone, during that time period. You can see the entry here.

It's a pdf file or I'd post the image. This provides support to McCain being born on the base, and proves that there was at least a doctor on the base in 1936.

But not having been born in Colon Panama, but rather on the US Navy base, may or may not be enough. He'd certainly have a better shot than someone born with a foreign citizen father. And way more than someone born overseas with a foreign citizen father, or to an unwed mother.

272 posted on 09/10/2009 9:45:19 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 259 | View Replies]

To: Bushbacker1
This is hugh!

And series too!

273 posted on 09/10/2009 9:49:39 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
[ Post Reply | Private Reply | To 3 | View Replies]

To: little jeremiah

On one of the gazillion threads several weeks ago, someone researched what the names for various races were on HI state forms in the mid-sixties. “Negro” was the term for black, there was no name “African”. Unfortunately I have no link and can’t remember who posted that bit of info. All I have is my memory and I noticed it because I have been rather obsessive with these threads, when I have time.


The spokeswoman for the Hawaii Department of Health, Janice Okubo addressed that issue months ago. Hawaii has always allowed parents to choose their own racial designation. There are no set races listed on their Certifications of Live Birth. Barack Obama Senior selected “African” as his racial designation which is consistent with persons of sub-Saharan African origin not using American terms like “Negro” “black” or “colored” because those terms are most often associated with Americans not Africans.


274 posted on 09/10/2009 9:50:26 PM PDT by jamese777
[ Post Reply | Private Reply | To 267 | View Replies]

To: xzins
Humans are totally depraved

Yep. And this culture isn't doing much to disprove that fact.

"Therefore, my beloved brethren, be ye stedfast, unmoveable, always abounding in the work of the Lord, forasmuch as ye know that your labour is not in vain in the Lord." -- 1 Corinthians 15:58

275 posted on 09/10/2009 10:06:54 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 224 | View Replies]

To: kellynla

Frankly, IMO, even if it came to light...even if BO were to make a prime-time televised speech to inform the country that he was, in fact, NOT a natural born citizen, there would be nothing we could do.

There are far to many powerful people, left wing extremist organizations, anti-constitution and communist organizations, ... not to mention more than half of the voting citizens, who would insist he remain POTUS. They worship him...literally. IMO, only our military could pry his commie backside out of the WH.


276 posted on 09/10/2009 10:07:38 PM PDT by Kimberly GG (Boycott Obama TV!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kimberly GG
Frankly, IMO, even if it came to light...even if BO were to make a prime-time televised speech to inform the country that he was, in fact, NOT a natural born citizen, there would be nothing we could do.

I've been wondering about the "end game" if definitive proof is found that Obama wasn't really born in Hawaii. By "proof", I mean that not only is the Kenyan BC validated, but his "long form" BC in Hawaii is also found to be insufficient to establish his birth in Hawaii.

If that occurs, I wouldn't expect Obama to resign. He will have been perpetuating this subterfuge for a long time, hoping that no one would figure it out until it was "too late". He wouldn't just throw in the towel.... he would hang on as long as he could.

I wouldn't expect the Supreme Court to do anything, either. I think they would consider this an issue to be settled by Congress under the articles of impeachment in the Constitution. Yes, I know that Obama wouldn't be eligible, but he was sworn in, and I think the Court would wash their hands of it. And even if they didn't, it wouldn't be resolved until after the 2012 elections rendered it a moot point.

Of course, I wouldn't expect the current Congress to do anything. As many have already pointed out, at least some of the Congressional leadership would have to already known what has happened, and would have even participated in this hypothetical subterfuge.

If it becomes widely known that Obama wasn't eligible to be President, and that he intentionally concealed it, the backlash would be tremendous. Of course, there will be the 20-30% that will support him, no matter what. But, the reaction of the rest will range from "I wish he would just leave" to "get the hell out, now!".

If that happens, the civil unrest would be unlike anything we have seen in the past few generations. The anti-war protests of the 60's would be nothing in comparison. There would be monthly (or more often) protests in Washington that fills the Mall from the Capitol to the Lincoln Memorial. If nothing else, it would really boost the hospitality industry in and around DC, as all the hotels would be full.

The Democrats would try to pretend nothing is wrong. And therein would lie the opportunity for the Republicans: All they have to do is run a candidate for every seat in the House of Representatives on a platform of "Impeach Obama". And do the same for every Senate seat.

The results would exceed the 1994 election. The only question would be: would the Republicans (again) squander the opportunity to restore some fiscal sanity to the US government?

277 posted on 09/10/2009 11:14:17 PM PDT by justlurking (The only remedy for a bad guy with a gun is a good guy with a gun.)
[ Post Reply | Private Reply | To 276 | View Replies]

To: rarestia; kellynla

“What happens if he IS found to be a fraud?”

Will he still be eligible for Obama care? Will Obama be allowed to vote for himself? Will the Winter White House be a mud hut in Nairobi?


278 posted on 09/10/2009 11:42:46 PM PDT by haroldeveryman
[ Post Reply | Private Reply | To 13 | View Replies]

To: Talisker

So? The judge was a Marine infantry platoon commander in Vietnam with First Bn, Ninth Marine Regiment. I met him once at the funeral of another Marine, and ALL the 1/9ers I’ve talked with swear by him. I believe he’ll do what’s RIGHT, not what’s “expedient.”

Even Bubba got a FEW things right!!! In my never to be humble opinion, appointing David Carter to the Federal bench was one of them!!!


279 posted on 09/11/2009 2:41:10 AM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: little jeremiah; Dr. Eckleburg

Of course he can. He can say simply that he lost it.

I always wondered why Nixon didn’t deep six the tapes. Obama won’t make that mistake.


280 posted on 09/11/2009 3:28:52 AM PDT by xzins
[ Post Reply | Private Reply | To 264 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 241-260261-280281-300301-315 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