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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: IamConservative
Forfeiture of all pay.
81 posted on 09/10/2009 6:29:37 AM PDT by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: xzins
What if no one can decide the definition of “natural born?”

If he wasn't born in Hawaii as claimed then that kind of decides the issue right there.

82 posted on 09/10/2009 6:29:55 AM PDT by Non-Sequitur
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To: DJ Frisat
If anything " FISHY " were to happen to Judge Carter or Glen Beck, the spot light of suspect will be on Obama and his henchmen....
Do they ( Obama and his henchmen ) actually think that they will get away with this if anything were to happen to both of them and not have the public suspecting them of being the guilty party ?

83 posted on 09/10/2009 6:30:36 AM PDT by American Constitutionalist
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To: RebelTXRose
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!

He's actually moving at a pretty good clip as these things go. But Tatitz and Kreep are entitled to respond to the defense's motion to dismiss and the judge gave them 30 days to do it. I doubt he'll delay on issuing his decision after the hearing on the 5th. We should know one way or the other within a very few days following that.

84 posted on 09/10/2009 6:32:54 AM PDT by Non-Sequitur
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To: rarestia
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?

No. Article II, the 20th Amendment and the 25th Amendment of the Constitution as well as the Presidential Succession Act of 1947 all lay out what would happen.

85 posted on 09/10/2009 6:35:39 AM PDT by Non-Sequitur
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To: RetSignman; P-Marlowe; blue-duncan; Dr. Eckleburg

The COLB would be legal for those purposes.


86 posted on 09/10/2009 6:36:08 AM PDT by xzins
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To: Non-Sequitur

Thank you


87 posted on 09/10/2009 6:36:58 AM PDT by rarestia (Confutatis maledictis, voca me cum benedictis)
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To: Non-Sequitur; P-Marlowe; blue-duncan; Dr. Eckleburg

No, the debate is whether the “native born” law is interchangeable with the discussion regarding “natural born.” I believe the courts will rule that it is.

It then becomes an issue of how old his mother was, how long she’d been in the US, how long outside the US, etc. Only one parent has to be a US citizen per the “native born” law.


88 posted on 09/10/2009 6:40:01 AM PDT by xzins
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To: DJ Frisat; Non-Sequitur
[Judge Carter] is up against forces unlike any he's ever seen, and they may destroy him.

If this is the status of things with the legal system in America, it needs to play out in the clear light of day so we may all see.   If Judge Carter is in any way to be taken down other than through due process, we dearly need to see how this can happen, and eradicate such "forces" with extreme prejudice, not have patriots on FR be told to "give it a rest," when the country needs them never to shy away from expressing the truth.

Plus, Non, Biden may have to think long and hard about simply re-approving all 0bambi put forth, and I doubt he could do that retroactively and without hiccup. If such decisions "lie" before him prior to the 2010 election, flippantly, arrogantly or reflexively doing so could easily deep six the democrats for decades.

If there were massive fraud in the 2010 election after such a move, huge numbers of Americans would "not stand for it," to far more tangible effect than the Iranians were able to muster after their most recent foray into fraudulent elections.

HF

89 posted on 09/10/2009 6:41:18 AM PDT by holden
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To: Non-Sequitur
Hopefully, both Biden and Pelosi will also be complicit in this whole scam and be forced to resign.

90 posted on 09/10/2009 6:41:40 AM PDT by American Constitutionalist
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To: American Constitutionalist
Hopefully, both Biden and Pelosi will also be complicit in this whole scam and be forced to resign.

Oh great. President Bob Byrd.

91 posted on 09/10/2009 6:42:15 AM PDT by Non-Sequitur
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To: xzins
No, the debate is whether the “native born” law is interchangeable with the discussion regarding “natural born.” I believe the courts will rule that it is.

And if this thing ever goes to trial then no doubt Taitz and/or Kreep will try and make that part of their case. So the judge may rule once and for all. If it goes to trial.

It then becomes an issue of how old his mother was, how long she’d been in the US, how long outside the US, etc. Only one parent has to be a US citizen per the “native born” law.

My understanding is that if Obama was not born in the U.S. then under the laws in effect at the time he did not gain natural born citizenship status through his mother's nationality.

92 posted on 09/10/2009 6:45:07 AM PDT by Non-Sequitur
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To: RebelTXRose
Could another judge take on those other cases so Judge Cater can clear the docket and get this case expedited on the fast tract ?
93 posted on 09/10/2009 6:46:09 AM PDT by American Constitutionalist
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To: Non-Sequitur

You are mistaken. Petitions for writs of quo warranto within the District of Columbia must be filed in the U.S. District Court for the District of Columbia and not in a municipal court.


94 posted on 09/10/2009 6:52:35 AM PDT by SeaHawkFan
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To: Non-Sequitur
" Oh great. President Bob Byrd. "

I know, it get's worse and worse.


95 posted on 09/10/2009 6:55:02 AM PDT by American Constitutionalist
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To: Non-Sequitur

It’s so hard to be patient!

Praying for everyone’s health!


96 posted on 09/10/2009 7:02:16 AM PDT by RebelTXRose
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To: kellynla
The records put forth by the President show that President Obama’s Certificate of Live Birth took place in Hawaii.

His certificate sure did. What I want to know is if his actual birth took place somewhere else. That is ALL I ask.

97 posted on 09/10/2009 7:04:07 AM PDT by Colonel_Flagg (No apologies.)
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To: Non-Sequitur

Well, with Byrd’s knack for renaming things, it might be interesting to have the “Byrd House” on Pennsylvania Avenue! ;-P


98 posted on 09/10/2009 7:07:00 AM PDT by MortMan (Stubbing one's toes is a valid (if painful) way of locating furniture in the dark.)
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To: SeaHawkFan
You are mistaken. Petitions for writs of quo warranto within the District of Columbia must be filed in the U.S. District Court for the District of Columbia and not in a municipal court.

The Supreme Court has ruled that absent any legislation Writs of Quo Warrento can only be filed by the United States. The only place that has a law in place allowing for individuals to file such a writ is D.C. And they require it be filed in the D.C. Dstrict Court.

99 posted on 09/10/2009 7:08:42 AM PDT by Non-Sequitur
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To: IamConservative

“Judge: “President Obama, show the court proof you are eligible.”

Obama: “No.”

Then what?”

then the US Marshall service arrests him


100 posted on 09/10/2009 7:09:39 AM PDT by 19D
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