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Judge Carter Ruling on MTD
scribd ^ | 10/29/09 | Judge Carter

Posted on 10/29/2009 10:19:10 AM PDT by Elderberry

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To: Cicero
As for that forged COLB posted on-line, we don’t know where it came from or who obtained it. Obama has NEVER personally said that it was real, because he wants deniability.

Can that be said of everyone who was working for his campaign or who funded his campaign? Can it be said that those who funded organizations that supported his campaign that they were unaware that documents being displayed over the Internet and represented to prove his birth in Hawaii were not such documents?

201 posted on 10/29/2009 12:11:18 PM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: pissant

“Don’t worry, there are always patriots willing to protect the oblivious masses.”

Unfortunately there are also always individuals who can cause a fair bit of trouble when they become emotionally enmeshed in issues and do not think clearly.


202 posted on 10/29/2009 12:12:16 PM PDT by El Sordo
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To: PigRigger
As Carter pointed out — even if you have standing the court still needs to consider to justiciability — that is can the court grant relief.

As he noted the only way to give the candidate plaintiffs relief if indeed Obama was found not to be a NBC was for him to order to removal of the president and order a new election

He then pointed out THE CONSTITUTION CLEARLY ONLY GIVES CONGRESS SOLE THE RIGHT TO REMOVE THE PRESIDENT. One branch of our government can not usurp the other branch's power.

Carter, believing in the constitution in essence is saying, “According to the Constitution I, as a judge, have no role to play here. Even if you are correct, I can not order the removal of the president and order a new election. Therefore because I can not redress any injury you might have, I can not hear this case because there is NOTHING I CAN DO FOR YOU. You must go to the Congress and get them to act.”

Judges must follow the law and they can not decide to ignore the Constitution which gives the power to remove a sitting president SOLELY to the congress. And regardless of what one might think, Obama was elected by the Electoral College and therefore is President no matter how he got there. Therefore Congress must be the one to remove him. It's that simple. Some of us actually believe in the Constitution and that it needs to be followed. If you want Obama removed lobby your Representatives to take up their Constitutional role and remove him.

203 posted on 10/29/2009 12:12:23 PM PDT by jayg
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To: Candor7

“ENOUGH ALREADY, JUST STFU! TAKE YOUR CHARACTER ASSASSINATION OVER TO DU.

YOU ARE JUST LIKE THE PRIGS WHO CONTINOUSLY DENIGRATE SARAH PALIN.”

That is ridiculous, I love Sarah Palin. Pointing at the village idiot and questioning his or her competence is not character assassination, it is imperative.


204 posted on 10/29/2009 12:13:44 PM PDT by Grunthor (Thank YOU George Bush, for giving us the GOP of today!)
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To: Genoa
"If he stated that the voters trump the Constitution (in effect), then he’s not the upright jurist everyone was saying. Mob rule."

He didn't state anything like that.

205 posted on 10/29/2009 12:13:49 PM PDT by mlo
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To: LucyT; SaraJohnson

If litigation over the allegation happens, I can’t wait to see the witsses themselves put under the microscope... ;-) ya know what I mean? They better be squeaky clean and have no ties to acorn, dnc et al. Ha!


206 posted on 10/29/2009 12:14:26 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: pissant
I find it hard to believe that Judge Carter would state allegations of perjury in his response to MTD. For that reason and a couple of other strange aspects to this 'response', I'm not ready to believe this is a genuine court release. Has anyone verified it with the Santa Ana court site?
207 posted on 10/29/2009 12:16:07 PM PDT by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: El Gato
Am I correct in understanding that the 9th Circuit must take the appeal?

Yes, if Orly files the Notice of Appeal within the next 30 days.

208 posted on 10/29/2009 12:17:58 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: The Sons of Liberty
"So, to you, enforcement of The Constitution, is akin to placating a "howling mob"? "

The judge did enforce the constitution.

209 posted on 10/29/2009 12:18:23 PM PDT by mlo
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To: UCFRoadWarrior
I am sure all those ENABLING OBAMA are a little more happy now....nothing like faux-cons who do everything to keep a non-qualified person in the White House.

Orly Taitz and her lickspittles are an embarrassment to conservatives. She got the smackdown she deserved.

210 posted on 10/29/2009 12:20:18 PM PDT by Drew68
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To: rhombus
Motion to dismiss is granted.

No way!!!!

211 posted on 10/29/2009 12:20:36 PM PDT by Neets (Go Yankees!!!)
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To: mlo
He didn't state anything like that.

Note my "in effect."
Judge Carter's desire for constitutionality was entirely focused on the separation of powers idea. The constitutionality of Barry in the Oval Office is what I was referring to. Voters trump Constitution. Why else refer to the millions of people who voted for the (possibly unqualified) candidate?
212 posted on 10/29/2009 12:21:31 PM PDT by Genoa (Luke 12:2)
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To: Candor7
Sarah Palin was competent.

At least with her, the left had fabricate inane statements.

Tatiz supplies her own. And quite generously.

213 posted on 10/29/2009 12:22:33 PM PDT by El Sordo
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To: El Sordo

There’s nothing hyperbolic about it at all.

read and learn:

David Kaiser is a respected historian whose published works have covered a broad range of topics, from European Warfare to American League Baseball. Born in 1947, the son of a diplomat, Kaiser spent his childhood in three capital cities: Washington D.C. , Albany , New York , and Dakar , Senegal .. He attended Harvard University , graduating there in 1969 with a B.A. in history. He then spent several years more at Harvard, gaining a PhD in history, which he obtained in 1976. He served in the Army Reserve from 1970 to 1976.

He is a professor in the Strategy and Policy Department of the United States Naval War College . He has previously taught at Carnegie Mellon, Williams College and Harvard University . Kaiser’s latest book, The Road to Dallas, about the Kennedy assassination, was just published by Harvard University Press.

Dr. David Kaiser

History Unfolding

I am a student of history. Professionally, I have written 15 books on history that have been published in six languages, and I have studied history all my life. I have come to think there is something monumentally large afoot, and I do not believe it is simply a banking crisis, or a mortgage crisis, or a credit crisis. Yes these exist, but they are merely single facets on a very large gemstone that is only now coming into a sharper focus.

Something of historic proportions is happening. I can sense it because I know how it feels, smells, what it looks like, and how people react to it. Yes, a perfect storm may be brewing, but there is something happening within our country that has been evolving for about ten to fifteen years. The pace has dramatically quickened in the past two.

We demand and then codify into law the requirement that our banks make massive loans to people we know they can never pay back? Why?

We learned just days ago that the Federal Reserve, which has little or no real oversight by anyone, has “loaned” two trillion dollars (that is $2,000,000,000,000) over the past few months, but will not tell us to whom or why or disclose the terms. That is our money. Yours and mine. And that is three times the $700 billion we all argued about so strenuously just this past September. Who has this money? Why do they have it? Why are the terms unavailable to us? Who asked for it? Who authorized it? I thought this was a government of “we the people,” who loaned our powers to our elected leaders. Apparently not..

We have spent two or more decades intentionally de-industrializing our economy.. Why?

We have intentionally dumbed down our schools, ignored our history, and no longer teach our founding documents, why we are exceptional, and why we are worth preserving. Students by and large cannot write, think critically, read, or articulate. Parents are not revolting, teachers are not picketing, school boards continue to back mediocrity. Why?

We have now established the precedent of protesting every close election (violently in California over a proposition that is so controversial that it simply wants marriage to remain defined as between one man and one woman. Did you ever think such a thing possible just a decade ago?) We have corrupted our sacred political process by allowing unelected judges to write laws that radically change our way of life, and then mainstream Marxist groups like ACORN and others to turn our voting system into a banana republic. To what purpose?

Now our mortgage industry is collapsing, housing prices are in free fall, major industries are failing, our banking system is on the verge of collapse, social security is nearly bankrupt, as is Medicare and our entire government. Our education system is worse than a joke (I teach college and I know precisely what I am talking about) - the list is staggering in its length, breadth, and depth.. It is potentially 1929 x ten...And we are at war with an enemy we cannot even name for fear of offending people of the same religion, who, in turn, cannot wait to slit the throats of your children if they have the opportunity to do so.

And finally, we have elected a man that no one really knows anything about, who has never run so much as a Dairy Queen, let alone a town as big as Wasilla , Alaska .. All of his associations and alliances are with real radicals in their chosen fields of employment, and everything we learn about him, drip by drip, is unsettling if not downright scary (Surely you have heard him speak about his idea to create and fund a mandatory civilian defense force stronger than our military for use inside our borders? No? Oh, of course. The media would never play that for you over and over and then demand he answer it. Sarah Palin’s pregnant daughter and $150,000 wardrobe are more important.)

Mr. Obama’s winning platform can be boiled down to one word: Change. Why?

I have never been so afraid for my country and for my children as I am now.

This man campaigned on bringing people together, something he has never, ever done in his professional life. In my assessment, Obama will divide us along philosophical lines, push us apart, and then try to realign the pieces into a new and different power structure. Change is indeed coming. And when it comes, you will never see the same nation again.

And that is only the beginning..

As a serious student of history, I thought I would never come to experience what the ordinary, moral German must have felt in the mid-1930s In those times, the “savior” was a former smooth-talking rabble-rouser from the streets, about whom the average German knew next to nothing. What they should have known was that he was associated with groups that shouted, shoved, and pushed around people with whom they disagreed; he edged his way onto the political stage through great oratory. Conservative “losers” read it right now.

And there were the promises. Economic times were tough, people were losing jobs, and he was a great speaker. And he smiled and frowned and waved a lot. And people, even newspapers, were afraid to speak out for fear that his “brown shirts” would bully and beat them into submission. Which they did - regularly. And then, he was duly elected to office, while a full-throttled economic crisis bloomed at hand - the Great Depression. Slowly, but surely he seized the controls of government power, person by person, department by department, bureaucracy by bureaucracy. The children of German citizens were at first, encouraged to join a Youth Movement in his name where they were taught exactly what to think. Later, they were required to do so. No Jews of course,

How did he get people on his side? He did it by promising jobs to the jobless, money to the money-less, and rewards for the military-industrial complex. He did it by indoctrinating the children, advocating gun control, health care for all, better wages, better jobs, and promising to re-instill pride once again in the country, across Europe , and across the world. He did it with a compliant media - did you know that? And he did this all in the name of justice and .... . .... change. And the people surely got what they voted for.

If you think I am exaggerating, look it up. It’s all there in the history books.

So read your history books. Many people of conscience objected in 1933 and were shouted down, called names, laughed at, and ridiculed. When Winston Churchill pointed out the obvious in the late 1930s while seated in the House of Lords in England (he was not yet Prime Minister), he was booed into his seat and called a crazy troublemaker. He was right, though. And the world came to regret that he was not listened to.

Do not forget that Germany was the most educated, the most cultured country in Europe . It was full of music, art, museums, hospitals, laboratories, and universities. And yet, in less than six years (a shorter time span than just two terms of the U. S. presidency) it was rounding up its own citizens, killing others, abrogating its laws, turning children against parents, and neighbors against neighbors.. All with the best of intentions, of course. The road to Hell is paved with them.

As a practical thinker, one not overly prone to emotional decisions, I have a choice: I can either believe what the objective pieces of evidence tell me (even if they make me cringe with disgust); I can believe what history is shouting to me from across the chasm of seven decades; or I can hope I am wrong by closing my eyes, having another latte, and ignoring what is transpiring around me..

I choose to believe the evidence. No doubt some people will scoff at me, others laugh, or think I am foolish, naive, or both. To some degree, perhaps I am. But I have never been afraid to look people in the eye and tell them exactly what I believe-and why I believe it.

I pray I am wrong. I do not think I am. Perhaps the only hope is our vote in the next elections.

David Kaiser
Jamestown , Rhode Island
United States


214 posted on 10/29/2009 12:24:24 PM PDT by chris37
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To: Lurking Libertarian

So, in your opinion absolutely no 3rd party candidates would have any standing at all at any time? Really?


215 posted on 10/29/2009 12:24:49 PM PDT by LibertyRocks ( http://LibertyRocks.wordpress.com ~ ANTI-OBAMA STUFF : http://cafepress.com/NO_ObamaBiden08)
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To: deport
The judge has a lot of very good prose, but it is all an elaborate dance to avoid the real question - Is Barrack Hussein 0bama a natural born citizen and is he qualified under The Constitution of The United States of America to hold the office of President?

I have serious doubts, and given that 0bama has spent $1.7 million to keep the details of his birth secret, there is ample reason to believe that he is not qualified.

216 posted on 10/29/2009 12:25:18 PM PDT by The Sons of Liberty (FUBO - When 0bama Fails, Freedom Prevails!)
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To: Genoa

Completely wrong ... voters do not trump the Constitution. The people can change the Constitution, in a preascribed manner, but the majority opinion is not the rule of law in America. So if Carter has stated this erroneous notion, he is in fundamental error toward the oath he took.


217 posted on 10/29/2009 12:25:36 PM PDT by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: UCFRoadWarrior
"Sounds like Judge Carter was more of a political patsy than a Marine. Bet the Obama Admin found out everything that was in Carter’s closet...must be some underage boys somewhere..."

Or how about this? Maybe the judge followed the law and the constitution, which is his job, and ruled correctly.

218 posted on 10/29/2009 12:26:09 PM PDT by mlo
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To: MHGinTN

Orly Taitz Lawsuit Thrown Out

Huffington Post (blog) - Rachel Weiner - ‎35 minutes ago‎
Judge Carter wrote in his decision that the plantiffs were asking the Court "to effectively overthrow a sitting president who was popularly elected by We ...

219 posted on 10/29/2009 12:27:29 PM PDT by deport
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To: El Sordo; chris37; LucyT; Fred Nerks
This kind of hyperbole is, at best, unhelpful.>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Who in HELL do you think you are?

The censor of these lists. You sound like an OBOT troll. dictating what and what is not proper speech HERE on this conservative site.

There is a very deep and wide body of research and a growing list of fact which points eactly to such hyperbole as you call it.

Mental giants like you advanced the cause of national socialism in Europe in the 1920's and 1930s, pseudo intellectuals who thought that the warnings of conservatives then were also "hyperbole"

The list of fascist tendencies of the Obama Junta is growing, larger and larger, giving heavy credence to the substantial historical evoloution of liberalism into national socialism and fascism, as resistance grows.

So you can take your hyperbole and shove it as far up your butt sideways, as you can reach, and if you need a little help with it, I will add my boot to your effort.

Chris is entirely correct. The 4th Reich is not too far away, one election cycle to be exact. After that we will either be victorious, or we will be doing what US patriots have always done.And you? What will you do? Bask in hyperbole? Buahahahahahaha! You will have to allow Chris to believe what he wants with out your OBOT TROLL style political correctness censorship. Are you that NEW here that you don't know whats UP or DOWN?

Read a little or take your priggish political correctness elsewhere:


220 posted on 10/29/2009 12:27:41 PM PDT by Candor7 (The effective weapons against Fascism are ridicule, derision, and truth (Member NRA)
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