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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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1 posted on 09/10/2009 4:54:48 AM PDT by kellynla
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To: kellynla

Sweet!

Let the forgeries begin. (again)


2 posted on 09/10/2009 4:58:55 AM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: kellynla

Can’t be said enough: This is hugh!


3 posted on 09/10/2009 4:59:20 AM PDT by Road Warrior ‘04 (I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
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To: kellynla
“He (the judge) is determined to get Obama to prove he is eligible,” Schwilk explained. “Things are going to move very fast.”

This won't go anywhere.Some higher court will put a stop to it.

4 posted on 09/10/2009 4:59:31 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: kellynla

MSM? ::crickets::


5 posted on 09/10/2009 5:00:06 AM PDT by Slapshot68
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To: kellynla
His lawyers will attempt to derail the discovery portion, ideally that will be most likely in the form of some manufactured "National Emergency"!

Call me cynical

6 posted on 09/10/2009 5:00:28 AM PDT by SERE_DOC (My Rice Krispies told me to stay home & clean my weapons! How does one clean a phase 4 plasma rifle)
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To: kellynla

Judge Carter was nominated by President Bill Clinton in 1998.


7 posted on 09/10/2009 5:02:23 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: kellynla

Should be interesting. Dont get your hopes up to high.


8 posted on 09/10/2009 5:03:27 AM PDT by sickoflibs (Socialist Conservatives: "'Big government is free because tax cuts pay for it'")
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To: kellynla

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

Obama: “No.”

Then what?


9 posted on 09/10/2009 5:04:01 AM PDT by IamConservative (I'll keep my money. You keep the change.)
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Comment #10 Removed by Moderator

To: wolfcreek

One big clue would be to turn the document over and see where it was made...

Made in Kenya

Made in China (they bought it in WalMart)

If it has some invisible ink, then it is probably a clue that will lead you to another clue, to another clue...You know the drill...

Thats kinda what they want to have happen now...


11 posted on 09/10/2009 5:04:25 AM PDT by stevie_d_64
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To: kellynla

I had to look at the source to see if the first two sentences were written as shown above. It is unbelievable that such poor writing would appear in a major newspaper. Ugh.


12 posted on 09/10/2009 5:07:22 AM PDT by Actually_in_Tokyo (ahead of the game)
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To: F15Eagle
Or Barry’s shell game will put us into a gigantic Constitutional crisis.

I was pondering this earlier. 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?

13 posted on 09/10/2009 5:08:19 AM PDT by rarestia (Confutatis maledictis, voca me cum benedictis)
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To: kellynla
I think this issue is moot. With a Supreme Court that's unwilling to entertain the argument and a Democratically controlled Congress and Senate, there's no way it will result in anything. Even if the President fails to provide proof, there's nothing the judge can do to him because of executive privilege. If they could prove he's not legal it would take an impeachment to remove him and that's not going to happen.
14 posted on 09/10/2009 5:09:02 AM PDT by mbynack (Retired USAF SMSgt)
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To: kellynla

Hmmmm, let’s see, in about a year and three months, they will find the birth certificate on an upstairs table at the White House.


15 posted on 09/10/2009 5:09:04 AM PDT by BigLittle
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To: rarestia
What happens if he IS found to be a fraud?

Watts riots times 100!

16 posted on 09/10/2009 5:11:58 AM PDT by sonofagun
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To: wolfcreek
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.
17 posted on 09/10/2009 5:13:05 AM PDT by dblshot
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To: kellynla

The Obama strategy will be quite simple. Prove nothing. Provide nothing. Lose. Appeal. Win.


18 posted on 09/10/2009 5:15:52 AM PDT by InterceptPoint
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To: IamConservative
Judge: “President Obama, show the court proof you are eligible.”

Obama: “No.”

Then what?

Technically, a failure to provide the required information would be a legal admission of the claim against him. More likely, the court would grant full discovery to the plaintiffs, including a court order to the state of Hawaii to disclose the "long form" birth certificate to the plaintiffs.

That is, assuming it ever gets that far. Which, given the way this has unfolded before, is very unlikely.

19 posted on 09/10/2009 5:16:09 AM PDT by kevkrom (Obama's Waterloo: a "hockey mom" with a laptop and a Facebook account)
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To: IamConservative
Contempt of court.

Judge declares plaintiffs win by default, and president is considered unqualified.

Military has reasonable cause and duty to stand down until situation changes.

20 posted on 09/10/2009 5:16:23 AM PDT by PA-RIVER
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