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I see four avenues that Judge Carter left open or are still open:

1. Re-file tort claim with Keyes or other political plaintiff asking only for narrow monetary remedy.

2. Quo Warranto in DC with qualified “interested party” which D’Onofrio and others appear to be preparing.

3. 9th Circuit or SCOTUS may reverse Carter on his ruling that once inaugurated even an ineligible usurper is not just de facto but also de jure president. The 9th or SCOTUS may not be willing to cede the power to rule on pre-election fraud of the judicial branch if they believe it belongs to them. 9th or SCOTUS may not agree that an ineligible fraudulent POTUS can only be removed by impeachment and may rule that an ineligible POTUS was never POTUS and can simply be replaced with VP under 25A.

4. 9th Circuit or SCOTUS may not agree with Judge Carter's page 22 footnote where he claims that Vattel, Jay and Bingham _alone_ aren't sufficient to overcome the history of congressional legislation defining citizenship and naturalization. Carter appears to be conflating the definition and rights of citizens (whether born or naturalized) with the constitutional requirement that POTUS candidates meet a totally separate and distinct requirement at birth of having two US citizen parents having nothing to do with otherwise equal rights of citizens. Ark clearly distinguishes 14A citizens from NBC and Minor affirms there is no doubt regarding two citizen parents.

Adding to the list in my prior post...

5. 9th or SCOTUS may reject Judge Carter's attempt to pre-judge the veracity of HI birth records compared to Kenya birth records without allowing discovery to go forward. For Judge Carter to rule for the MTD, he had to find that “even if the allegation of the plaintiffs were true” they could not prevail. Carter unfairly disadvantaged plaintiffs IMHO by claiming that even if Lucas Smith's Kenya BC were validated it couldn't overcome a validated HI BC.

Carter presumes to know the outcome of the discovery that the plaintiffs are requesting. The 9th or SCOTUS could reverse Carter on this if they thought there was a remedy of removal of an ineligible usurper that didn't require impeachment because the usurper was never POTUS.