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

No, I don't and I don't mean to demean him in any way, and I dearly hope to be wrong. But he's only one man, and he's up against unimaginably powerful forces. The pressure against him (and, probably, his family) is going to be immense.

They will find some way to break him, just as they will eventually find a way to get Glenn Beck. It may be a trumped-up scandal, it may be an incident from long ago that is real, but that they feel is too embarrassing for disclosure. This could cause either to 'compromise.'

I admire and respect both the Judge and Beck as respecters and adherents of the truth. They are American heroes if they can cling to it, in spite the eventual outcome of this mess we're in.

41 posted on 09/10/2009 5:54:18 AM PDT by DJ Frisat (How's that change workin' out for ya, Obama voters?)
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To: mbynack

Remember the court date is 1/26/10. The election is just prior to that date. I’m sure there will be big changes in the House and Senate with the 2010 vote.


42 posted on 09/10/2009 5:56:21 AM PDT by Bluebeard16
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To: IamConservative
Good question, interesting speculation. I suppose it would make his orders to executive branch officials illegal for one. Hmm, what about our military? I suspect our senior military officials would stand aside unless Hussein attempts to use them to hold on to power.

Banana Republic here we come (are?).

43 posted on 09/10/2009 5:57:13 AM PDT by Jacquerie (More Central Planning is not the solution to the failure of Central Planning.)
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To: kellynla
Well, you’re entitled to be as wrong as the next guy. LOL

I'm not saying that the point isn't valid, I'm just saying that even if they prove he's illegal, there isn't much we can do about it without support from at least one branch of the government.

His reelection might be a another matter, especially if we can regain control of the House and the Senate next term.

44 posted on 09/10/2009 5:57:40 AM PDT by mbynack (Retired USAF SMSgt)
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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. By howdy, would that be some fun!

45 posted on 09/10/2009 5:58:37 AM PDT by GBA
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To: kellynla

The author does not address ‘citizen’ vs ‘natural born citizen’ as mandated in the constitution. Of course Zero could be an illegal alien, as far as we know.


46 posted on 09/10/2009 5:59:10 AM PDT by algernonpj (He who pays the piper . . .)
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To: DJ Frisat
“No, I don't”

Then I suggest you do a little homework before you make predictions about Judge Carter.

For starters, you can begin by researching Judge Carter's meritorious Viet Nam war combat record.
Then go to his record as Judge presiding over the Aryan Brotherhood Trials & the Mexican Mafia Trials.

47 posted on 09/10/2009 6:01:15 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla

Some states have already started working on the solution (which should have been in place all along.) They’ve written laws requiring proof of citizenship prior to being declared eligible for the state election.


48 posted on 09/10/2009 6:02:20 AM PDT by mbynack (Retired USAF SMSgt)
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To: Bluebeard16

uh . . the 2010 elections occur in November of 2010.


49 posted on 09/10/2009 6:06:12 AM PDT by pilipo (GOP=Gutless Old Party)
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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.

his is in essence a quo warranto action against Obama, and as such, is a lawsuit against him in his personal capacity so there are no separation of powers or jurisdictional issues.

50 posted on 09/10/2009 6:07:24 AM PDT by SeaHawkFan
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To: mbynack
Yea, well WHEN Judge Carter rules that Obama MUST provide the court with his ORIGINAL Birth Certificate...then Hussein's “jig is up”...My gut tells me that Hussein is phony as a 3-dollar-bill!

We Marines, including Judge Carter, don't take orders from usurpers, thank you.

Semper Fi,
Kelly

51 posted on 09/10/2009 6:07:35 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla
So... Do you have a point to make or are you just practicing posting...

Oh, I don't know. The entire Federal Judiciary can't find any possibility of standing for this case, but Judge Carter somehow gets phaser lock despite all the cloaking devices.

So, it makes me wonder about Judge Carter.

As Bogart said in the Big Sleep:

Phillip Marlowe: "Hmmm."

General Sternwood. "What does that mean?"

Phillip Marlowe:: "It means, hmmm."


52 posted on 09/10/2009 6:08:32 AM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: GBA
Are you talking about the COLB that says Obama Sr.'s race is African?

Yes.

And his mother's race is Caucasian? I didn't realize nationality was considered to be race in the 60s...what country is "Caucasia"?

Um... neither African nor Caucasian is a nationality. I don't know where you picked this delusion up. And Caucasus is a region between the Black and Caspian Seas in southeastern Europe.

53 posted on 09/10/2009 6:08:35 AM PDT by Sloth (Ted Kennedy's brain tumor has killed more people than my gun.)
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To: Gay State Conservative
This won't go anywhere.Some higher court will put a stop to it.

It has already gone somewhere --

54 posted on 09/10/2009 6:09:13 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: kellynla
Birthers Get Their Day in Court – Obama Must Now Prove His Citizenship

Not yet, no. Formal discovery won't start until the judge rules on the motion to dismiss. That happens on October 5th or shortly thereafter.

Still want to bet that steak?

55 posted on 09/10/2009 6:09:26 AM PDT by Non-Sequitur
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To: mbynack
I'm not saying that the point isn't valid, I'm just saying that even if they prove he's illegal, there isn't much we can do about it without support from at least one branch of the government.

What about the million or more armed citizen that would crash the gates to the White House if he didn't leave?

56 posted on 09/10/2009 6:09:29 AM PDT by SeaHawkFan
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To: kellynla
Please, can you give it a rest? I have read about the Judge's record and I have a healthy respect for it. I've said that I hope to be wrong. I've said that he could be a true American hero, in the literal sense. He is up against forces unlike any he's ever seen, and they may destroy him. I sincerely hope not.

Your opinion is no more valid than mine, despite what 'you know.' We will both see how this shakes out. I don't care whether you are correct, or I am correct. I only stated my opinion and why I feel that way. There is no point in arguing about this, because NEITHER OF US KNOWS ABSOLUTELY WHAT WILL COME OF IT.

57 posted on 09/10/2009 6:09:38 AM PDT by DJ Frisat (How's that change workin' out for ya, Obama voters?)
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To: pilipo

Yes they are. With a Republican controlled House and Senate we might just get justice. (I’m thinking positively here.)


58 posted on 09/10/2009 6:10:06 AM PDT by Bluebeard16
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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? Any legal FReepers?

President Biden will retroactively approve all that Obama did.

59 posted on 09/10/2009 6:11:36 AM PDT by Non-Sequitur
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To: sonofagun
It sure would cripple his agenda though.

He's doing a pretty good job of crippling his agenda as it is.

60 posted on 09/10/2009 6:12:52 AM PDT by Non-Sequitur
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