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.
But at least it will be a physical piece of paper and not an electronic copy. Experts can determine if it's a forgery or if it's been tampered with if they can examine it.
This is what confused me.
Dr, Edwin Viera who is an attorney and pretty sharp on constitutional issues has said if a scenario likes this plays out - the Joint Cheifs may have to move to have the military remove him from office if he does not resign.
You will also probably have 55% or more of the country wanting him to go. The sooner Judge Carter gets a answer the better because the 2010 elections are coming.
First he has to rule on the defense's motion to dismiss. They submitted that last week, and the judge gave Taitz 30 days to respond. They'll have a hearing on that October 5th and following that the judge will either grant or deny the motion. If he grants it, game over. If he denies it, then discovery can be started in earnest.
I'll “give it a rest” when Hussein provides his ORIGINAL Birth Certificate...and not a second sooner, thank you.
Too bad they were digitized scans from the start! After all, who's good at recognizing a stream of apparently meaningless, inconvenienced electrons zipping around the globe?
Multiple fingerprint experts have already determined that Barry's baby footprint matches the big boy's. Now it's just a question of when the testimony will be heard, hopefully in open court, and appropriately acted upon.
HF
P.S. ...and no, I don't really know this, or at least, "all of it."
Nothing in the Constitution allows for a recall or a new election. Odds are it's President Biden for the duration. And if Biden gets tossed too, then God help us but it's President Pelosi.
I see...thanks for the explanation
Ten and a half months after, you mean.
Last I checked, Judge Carter is part of the “Federal Judiciary”.
Now run along and quit bothering me with your lame posts.
What if there is no proof that Obama is NOT a native born US citizen?
What if no one can decide the definition of “natural born?”
If there is no legal definition, and the case defaults to the law about “native born”, and there’s no way to prove he is NOT, then what?
His mother’s and grandparents residences, attendance at college, and other small items establish Obama’s PRESENCE in the US as an infant. Granted he could have been a week or two old before he actually arrived, but if there’s no way to prove otherwise, then I think it defaults to the US Constitution’s failure to define natural born or to establish a body to oversee eligibility.
All he has to say is “there is no original birth certificate. It was lost. But, we have all this circumstantial and testimonial evidence.”
If this is so important to this judge, I don’t understand that he can’t CLEAR HIS DOCKET to move this along. I know legal things move slowly, but this nation can’t wait much longer!
The Judge is used to being in impossible situations. He was wounded and received a Purple Heart and Bronze Star at Khe Sanh in Vietnam. If anyone knows about that battle, they will understand.
The cat is out of the bag on Obama too. Probably 55% of the population do NOT like him and after last night the number could go higher. He is no longer hip but an embarassing joke.
He will send an order to Hawaii to provide the documents. Obama can try to appeal but once Carter tells HI to pony up the Long Form BC - Hussein is in big trouble. They will try to file a protective order to keep it secret for in-camera examination but why? What is there to hide?
A Writ of Quo Warrento cannot be brought by anyone except the United States in any district court except for the D.C. district.
You are correct! Coffee has not yet kicked in!
[All he has to say is “there is no original birth certificate.]
Then what did he use for passport ID, college applications etc. etc.?
Even if that happens it's 16 months away.
Lawyers can raise issues regardless of merit and tie things up in court for eons. Anyway:
“...discussions in Congress suggest that Quo Warranto does not apply to Constitutional Officers whose election, appointment and removal are explicitly described in the Constitution.”
http://nativeborncitizen.wordpress.com/2009/07/13/quo-warranto-no-applicable-to-the-president/
We have got to pound him with everything we got
How is it that Biden would be appointed as Pres? If Obama is found to be a fraud, then his entire candidacy was fraudulent. Doesn’t that make his election to the presidency fraudulent ex post facto? That should nullify everything and mandate an immediate new vote for president, no?
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