News from Alan Keyes: Judge Confirms Eligibility Trial to Proceed

AIPNews.com ^ | October 7, 2009 | Alan Keyes

[EternalVigilance]

By Alan Keyes
October 7, 2009
Loyal to Liberty

 

I just received a call from Orly Taitz, my attorney in the case seeking proof of Obama's eligibility for the Office of President of the United States. Judge Carter has released a statement declaring that the dates he set for the hearing and trial on the eligibility issue are confirmed, and it will move forward as scheduled. Apparently he was not swayed by the Obama lawyer's arguments.

Loyal to Liberty ...

[pissant]

Didn’t stop idiots like David Weigel and our resident trolls from running with it.

[bvw]

Pelosi will run to the job. Tipping point stuff.

[Sibre Fan]

There is an order within this release today. He ordered that the dates were no longer tenative.

Correct, to the extent you are saying that today's Minutes reflect the order he entered on MONDAY that the previously-tentative dates are now set.

[OafOfOffice]

I gotta say, freepers are onto big things that scare the hell out of liberals. I had not been in for awhile and I see all the usual trolls and many others.

[Professional Engineer]

Ping

[Pilsner]

Your non-substantial reply has been noted. I've never had a meretorious substantial reply from a Birther, but I reckon that those who are attempting to use reasoned arguments are open to reason. As for the rest of you... Well, there was a time in my life when a couple of guys on the radio got me all riled up about the Council on Foreign Relations, and the Bildebergers. So there is hope.

[Lurking Libertarian]

What’s up with the “Motion for Summary Judgment”? Filed by the government defendants? If so, what’s their strategy, other than delay? Seems as if their motion for dismissal has been denied, and, since summary judgment requires even a stricter standard on the part of the defense than dismissal does, the defendants - absent additional evidence on their behalf - have no case for summary judgment.

1. The motioin to dismiss hasn't been denied; it hasn't been ruled on yet.

2. No one has made a motion for summary judgment. The judge is merely setting a schedule for when such a motion should be heard, if it gets to that.

[shotdog]

I cut her some slack. She is using English as her second or maybe her third language. HEr website is a disaster, but she’s doing yeoman service in getting this ball over the goal line. I think we can infer that the judge has sanctified the next step. sd

[El Gato]

U R WRONG. McCain is FOREIGN BORN, PERIOD. He was born in a foreign country. He CAN’T be a natural born citizen. He IS NOT and never can be one. This is not even in question. there is NO DOUBT.

Plenty of doubt, the two leading "authorities" of the time, Blackstone and Vattel, while sometimes at odds, in this case both have exemptions for children born of citizen/subject parents born outside the country when the parent(s) is in the service of the country. That includes both both military and diplomatic service. McCain's father was stationed at Coco Solo as exec of a submarine. His grandfather was the Admiral in command of the Coco Solo Naval Air Station.

Vattel Book I § 217. Children born in the armies of the state.

For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

Blackstone Volumne 1, Chapter X, footnote 1.

[1 ] Natural-born subjects are persons born within the allegiance, power, or protection of the crown of England, which terms embrace not only persons born within the dominions of his majesty, or of his homagers, and the children of subjects in the service of the king abroad, and the king’s children, and the heirs of the crown, all of whom are natural-born subjects by the common law...

[ClayinVA]

I agree with you, this case is not going anywhere until the court posts “The motion to dismiss is denied”. I think she has a good case, but a bad lawyer. I was a party to a case that did not finish for over 5 years and I got a copy of every single proceding which now fills up a cardboard box.

[shotdog]

I’m using an imac, so I don’t think it’s an issue with my machine. Her site has been under attack for weeks. Some folks have proceeded past the “notice” with no ill effects, although I’m not one to suggest you do that. The essence of her post is that the judge did not grant bho’s motion to dismiss. HE laid out the path for ultimate trial. Motions and discovery are scheduled and the trial to begin 1/26. God grant that it happens. ds

[bvw]

How a about a class action civil suit versus the Democratic Party, ACORN, SEIU, George Soros, NEA (teacher’s) and other parties to the grand conspiracy to defraud America?

Go for the Geesh!

[justlurking]

Only one problem with this. Vattel & Blackstone aren't mentioned in the constitution.

Vattel wrote the "Law of Nations", Blackstone wrote a series of "Commentaries on the Laws of England". Both are considered to be the origin of many concepts in the US Constitution, and have been frequently consulted by the Court to determine the original intent of the Framers. This is first-year Constitutional law.

However, the poster is wrong about Vattel, as he wrote: "The natives, or natural-born citizens, are those born in the country, of parents who are citizens." On the other hand, Blackstone did provide an exception that would include McCain.

[XenaLee]

"Seems as if their motion for dismissal has been denied, and, since summary judgment requires even a stricter standard on the part of the defense than dismissal does, the defendants - absent additional evidence on their behalf - have no case for summary judgment."

Uh...since when has that ever stopped lefties....or even slowed them down? That would require logic on their part.

[bvw]

All lot of upwind legs in the race before that height is gained.

[bvw]

I agree, none of these actions arise out the Office.

[El Gato]

After they finish rolling on the floor, I wish they'd post it. I suspect Orly won't. :-)

She did.

[XenaLee]

Forget Bush. I’m praying for Cheney!!!

[rxsid]

Do any Pro Obama people here think this is a appropriate?

Would you buy such a desecrated flag of the United States of America?

"This Obamanation was spotted on a street in Kokomo, IN -- It's the real McCoy -- NOT A PHOTOSHOP! -- You can buy these flags on eBay.com."http://www.theobamafile.com/ObamaLatest.htm

[Candor7]

MoSumJgmnt is standard form in the profession. Its filed just to make sure defense attorneys are not liable for malpractice claims by extending an unnecessary trial to ostensibly inflate legal fees ( a thing some lawyers liked to do in the past and some in the present.)

And they are often just as summarily dismissed by judges, but often there is not a prima facie case established and the judge dismisses.