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 ...

[STARWISE]

On his site .. and unless his site was hacked, and there's ANY possibility Taitz misinterpreted and misunderstood the language that came from the Judge's office .. at least he apparently believes it. So, we wait.

[Smokeyblue]

If (most assuredly in my opinion) Nancy Pelosi is complicit in the fraud, she should not be allowed to take the office even temporarily.

[Dewey Revoltnow]

Just a prediction, but I bet Pelosi and Reid would immediately rush to their bodies of congress and attempt to push an emergency legislation changing(clarifying) what an NBC is per what they will claim is authority to do so in Article 1, Section 8, Clause 4. (not saying it is right, just predicting their justification) Of course, it would be retroactive. I also bet a lot of R's would go along with it for the sake of 'unity'.

Not necessarily. If pelosi thinks she'll become president even as an interim, she'll push through a vote for impeachment in no time flat.

[Vendome]

You know whether this is good news or not, has it been confirmed?

Now I will read the other posts.

[Sibre Fan]

Not quite.

You can read the official Minutes of the Oct. 5 Hearing here.

What you will see is that the court recorded that: Cause called and counsel state their appearances. Argument by counsel. Motion taken under submission. The court then noted, with respect to the case management dates: On September 8, 2009, the Court previously set tentative case management dates. The Court now orders those dates be made final. ... In other words, IF the case goes forward, the previously agreed upon dates will apply to the case. This Minute Entry says nothing, explicit or implicit, about how the Court will rule on the Motion to Dismiss.

It's a standard minute entry about what was said at the Hearing. (And, indeed, according to the report from the hearing, (a) the motion to dismiss was heard and taken under advisement; and (b) the Judge said that he would stick to the previously-established case management dates.)

[STARWISE]

Three of the plaintiffs are AIP.

~~~~

What do you mean ?

[stockpirate]

My questin now is this.

Will conservative talk radio and Fox News talk about this case?

Let’s hear it from Rush!

[rolling_stone]

I don’t believe it has been confirmed yet.

[Hostage]

I doubt scotus would find the congress acted unconstitutionally. They most certainly carried out their duties under the constitution.

Even Pelosi I think cannot be held responsible as she could have been duped. I don’t think she had info that Obama would possible not qualify as an NBC. So she rubber-stamped him through.

So I don’t see congress being struck down by scotus even though I believe congress needed to be more discerning. IF all this pans out that Obama is not an NBC, then I can see a spate of new laws passed governing how congress reviews the qualifications of candidates.

IF again this were to pan out to be that Obama is not an NBC, then the case would focus on Obama and what he knew/when he knew it, and others who were in on it.

However, the question is interesting as to whether he would be ‘removed’ or ‘deposed’. I can see the White House security locking him out and all government departments refusing to recognize him.

It’s anyone’s guess how the country would find and elect a new president. It seems Biden might make a claim, but I see IF it occurs, I see it would be a constitutional crisis with scotus deciding how to proceed forward.

[rolling_stone]

I agree its not confirmed and dated oct 5.

[Vendome]

If it is determined that he is not eligible there will be enough political pressure, that he will be seen leaving in one of those crappy yellow cabs, that feel like they are coming apart.

It won’t be 24 hours and he can forget the appeal.

[STARWISE]

Nothing there.

[browardchad]

What's posted to Pacer today is as follows (emphasis added). Note: there is no "statement" or ruling on motion to dismiss:

 

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
CV-90 (12/02) CIVIL MINUTES - GENERAL Page 1 of 1
Case No. SACV09-0082 DOC (ANx) Date October 5, 2009
Title CAPTAIN PAMELA BARNETT, ET AL. V. BARACK HUSSEIN OBAMA, ET AL.

Present: The Honorable David O. Carter, U.S. District Judge

Kristee Hopkins   Deputy Clerk

Debbie Gale Court Reporter / Recorder Tape No. N/A

Attorneys Present for Plaintiffs:
Orly Taitz
Gary Kreep

Attorneys Present for Defendants:
David DeJute, AUSA
Roger West, AUSA

Proceedings:

1. MOTION BY DEFENDANTS TO DISMISS CASE
2. SCHEDULING CONFERENCE
Cause called and counsel state their appearances. Argument by counsel. Motion taken under submission.

On September 8, 2009, the Court previously set tentative case management dates. The Court now orders those dates be made final.
Case Management dates are as follows:

Motion for Summary Judgment Hearing December 7, 2009, at 8:30 a.m.
File Motion for Summary Judgment November 16, 2009
Opposition to Motion for Summary Judgment November 26, 2009
Reply to Motion for Summary Judgment November 30, 2009
Final Pretrial Conference January 11, 2010, at 8:30 a.m.
Jury Trial January 26, 2010, at 8:30 a.m.

[MHGinTN]

[EternalVigilance]

Plaintiffs Alan Keyes, Markham Robinson and Wiley Drake are all AIP people. AIPNews.com is the AIP news outlet. That’s my only point.

[kidd]

20th Ammendment applies.

Biden becomes acting POTUS until a real POTUS can be chosen.

I believe that Pelosi would be in legal trouble herself, seeing that she would have broken Hawaiian state laws by certifying that Obama.

As Robert Byrd has severe health problems and may be deemed unfit to serve, that would put Hillary Clinton a heartbeat away from the acting-Presidency.

[Cletus.D.Yokel]

Some time ago, someone offered a plausible summary using on e of the clauses in the Constitution (don’t rightly recall the cite).

Obama will have been found not qualified to hold the office. Biden will assume the presidency (and appoint a VP?, not sure) until such time that a qualified person can be elected.

Up-shot: New elections with Biden as temporary POTUS. YMMV

The difficult thing will be when we get to all the things that he did as POTUS-poseur.

[EternalVigilance]

After seeing it, I agree.

[novemberslady]

bttt

[RebelTXRose]

Thanks for the explanation.