If someone already made this point, please forgive me:
Assuming that Obama has real eligibility problems, Obama’s team MUST take every action they possibly can to avoid making this a test of whether he can prove eligibility based on natural born citizen status. In practical terms, they need to avoid discovery which compels them to produce his birth records or other proofs of his natural born status. Likewise, they need to do everything possible to block Taitz’s ability to obtain any documentation that proves the contrary.
This may sound like an oversimplification, but it is useful for trying to anticipate Obama’s strategy. They must try to block discovery any way they can. First, they must attempt to have the motion to dismiss heard before any discovery takes place. If the motion is denied, they will move for reconsideration, and/or seek to take an appeal to the Federal Circuit Court and from there, to the Supreme Court. All the while, they will be fighting for a stay of discovery to block it while the questions of standing, jurisdiction, justiciability and so on are being adjudicated.
A second line of attack is to seek to obstruct any discovery that is allowed. For example, they will file motions for protective orders barring whatever discovery they can. Typically, the court is supposed to give broad latitude for discovery of any information that is likely to be relevant or to lead to relevant evidence regarding the issues in the case. For those of us who remember the Clinton litigations, they can still use this kind of motion practice to obstruct and delay the issue for months and years, including attempts to appeal every ruling along the way.
I’m not saying this to be discouraging. To the contrary, I’m trying to provide an outline of what to expect as these people are fighting a political life and death struggle for 0. The stakes are the highest imaginable, except possibly treason. Anticipating what they will do will enable us to know how patient and determined we have to be and how Ms. Taitz will possibly need support over the long haul.
One positive note shines through from Judge Carter’s comments: he seems inclined to have the issue determined as soon as possible because the unresolved question is disrupting confidence in the President’s legitimacy at many levels, most crucially the military. If Carter is true to his Marine background (and I have to assume so, even if there are also Murtha’s out there), he may insist that any motions are disposed of quickly and a trial held as soon as possible. He must be strong, because Obama’s got the biggest law firm in the world on his side.
I’d love to hear some feedback on this, especially from FReeper members of the bar.
The thing to remember is that even if we get to discovery in any of these cases (a long-shot in my view), discovery is not a fishing expedition.
I have no doubt that Orly - being Orly - would use the opportunity to ask for God knows what.
But, my suspicion is that if it gets to discovery, Obama will produce the certified COLB and say that is enough. And, frankly, it may be.
I don’t think Discovery is the danger that everyone else thinks it is.