Skip to comments.Judge Carter, 3 sheets to the wind..
Posted on 01/01/2010 6:27:46 AM PST by USALiberty
Folks, I often wondered what possessed Judge Carter in California to tell the world he wanted to try this case on its merits and then do a sudden 180 by dismissing the case with prejudice? Does the word arrogance come to mind? Did the justice system in California just reach the bottom of the barrel? The performance of Judge Carter was totally disgusting to watch.. Oh, and this whoop-ti-do you heard from folks that Carter would do the right thing because he is an EX-Marine.. what happened? Did honor and his oath get flushed on the way to the bench?
I went back and read some of Carters words and was stunned by his lack of knowledge of the Constitution or even a basic understanding of what is really going on here.
(Excerpt) Read more at americangrandjury.org ...
If you live (permanently ?) in another country you have to follow that country’s laws, NOT U.S. laws!!!
I'm sure he'd be comfortable with Murtha.
Don’t step in the troll...
It seems to me that both extremes are wrong. No, Judge Carter can’t just remove a sitting president because some people—quite a lot of people, in fact—think that he is guilty of criminal fraud and never was constitutionally qualified to be President.
But, yes, Judge Carter has the right, it seems to me, to examine the evidence before him and, if the evidence is persuasive enough, to demand that Obama should prove that he is a Natural Born citizen. Was he born in Hawaii or not? Which hospital? He has never actually produced any evidence as to his birth, since the online COLB is a forgery AND he has never explicitly said that it is his COLB. Someone else put it out there, not Obama.
Ultimately, it would be for SCOTUS to resolve the question. But I see no reason why Judge Carter should not have acted—other than tremendous pressure on him not to.
In the headline.
Thus, it is important to have the right people put in the right place to do the right thing, investigate the facts, and impeach and/or prosecute if and when the proof of the fraud is obtained.
But please stop crying about a judge who did his job and followed the law. And if you cant understand how his opinion was following the law, go back, reread it, and research the limitations on federal judicial power that Judge Carter so painstakingly explained.”
From what I have learned, you are correct in your post above. Judge Carter did follow the law and Leo Donofrio explained it very clearly on his website some time ago.
Once Obama was sworn into office, the process to remove him must be done through quo warranto proceedings. As we speak this process is in the works and I believe will be successful. God bless Leo Donofrio and Steve Pigeon for their actions to defend the rights of the Chrysler Dealers and to uphold our constitution as they work to take the proper actions to remove the usurper from our White House!
Case in point:
Q: Is it possible that Obama traveled with a U.S. Passport in 1981?
A: No... It is not possible. Pakistan was on the U.S. State Departments no travel list in 1981.
There was no such State Department listing. Pakistan was on a travel advisory list. It was dangerous for Americans, and especially for non-mohammedan Americans to travel there at that time.
The question still remains, why did anyone travel to Pakistan during a time of islamist fueled civil unrest?
For jihad, maybe?
They got something on him.
Thanks for the explanation.
Now that Obama has been sworn in, the case described above is a quo warranto, which Taitz even admitted. Judge Carter, per statute, has no jurisdiction over quo warranto, which can only be brought in the DC Circuit, if indeed it even applies to a POTUS (not yet determined by SCOTUS).
Fraud is criminal, but the case that Judge Carter had before him was civil, not criminal and there was no evidence meeting the FRE presented under the FRCP sufficient to justify a fraud trial in his court or criminal referral by the judge.
Judge Carter had to examine whether he had the right plaintiff in the right court with a cause of action that his court could remedy. Judge Carter decided that the cases, as presented by Kreep and Taitz for all plaintiffs required him to dismiss all the complaints.
As disappointing as this was to me personally, I believe Judge Carter acted well within the requirements of the law. Carter referred Taitz and Kreep to the DC Circuit for their quo warranto claim questioning Obama’s NBC status (dual citizen issue and birth location issue). The DC Circuit is the court that by Taitz and Kreep’s own admission was the correct court for that claim. Judge Carter can hardly be faulted for booting the case on this issue.
On the issue of whether the candidate plaintiffs such as Keyes, had standing to to challenge a winning but potentially ineligible candidate Obama prior to the inauguration, the facts before Judge Carter showed that Taitz and Kreep had failed to “perfect” their filing of the case on a timely basis, which includes failure to properly serve the defendants before the inauguration, which they did not.
Taitz and Kreep also failed to state a monetary claim that the court could actually remedy without violating constitutional separation of power to directly remove the POTUS.
Judge Carter's dismissal order was clarified to be “with prejudice” (don't come back) but Taitz and Kreep might still be able to file a new monetary damages claim in Judge Carter's court that was missing from the prior filing, but they could only do that for their candidate plaintiffs, not the military ones who were in the wrong court altogether.
Indeed, he should have acted. Although he does not have the authority to oust a sitting "president", he could find that the occupier of the White House failed to prove his bono fides and demand that they be produced.
There are only a few moves at that point for Team 0bama (Obama, Fvck Ya!):
Put up or
Show their contempt of court or
I don't think they can put up.
Contempt of court? Dunno, I think he has some immunity as long as he is in office.
An appeal would garner more daylight than the cockroaches can tolerate. Besides, it might actually get to the Supreme Court.
Carter should have 'kicked it upstairs', IMHO
And the secondary effect ois that folks are re;uctant to post because they will be attacked by a bunch of Obama d*ck sucking trolls.
Its actually a laugh.
When Obama shows why he has spent 2 million bucks in defending cases designed to keep his defacto borth information secret, then I will be happy. These trolls can eat it now, and get out of town. Its only a matter of time now.
Spelt cheque is my friend
"A criminal cannot profit from his own misdeeds." has been a basic holding in all courts.
If I scam 100K, play the ponies or markets and gain 1Million before I get caught on the original 100K, I cannot use the 900K to effect my defense.
Soetoro is a fraud; by allowing him to use the restrictions necessary for a validly seated President allows him profit from his crime. As he is not valid as President, he cannot use the Presidency as a shield against his arrest and trial as a criminal.
Judge Carter could not make this finding because what you have described is the definition of “quo warranto”. Under separation of powers, quo warranto is reserved to Congress which has delegated its quo warranto authority to only the DC Circuit, not to any other federal circuit court, such as Judge Carter's.
Taitz and Kreep even admitted this, but unrealistically (or disingenuously) thought they could persuade Carter that he should hear a quo warranto claim because in their view, the DC Circuit had shown bias. I'm not a lawyer, but I don't think any federal judge would grant jurisdiction based on such a vague, unsubstantiated allegation by a plaintiff against a fellow sitting federal judge.
Now, with D’Onofrio’s impending quo warranto filing in the DC Circuit for the Chrysler dealers, we have potentially the right plaintifs in the right court with an available remedy, if SCOTUS will agree ultimately, that quo warranto applies to POTUS.>
Exactly. All he had to do was require that Obama make his birth information available to the court. If Obama denies that the Kenyan birth certificate is legimate, then he can prove it by providing his Hawaiian birth records to the court.
That is not unreasonable. It would be required in almost any situation where the facts are in question. For example, Obama’s birth records were provided to the divorce court judge when his mother divorced his father, although they have since mysteriously disappeared from the divorce file.
Providing proof of birth is a routine matter.
Quo warranto is an alternative legal path. It is not the only path.
Sorry, too hurried! Spelt check ins indeed my fiend.
Worthwhile points ... yet I will continue to have serious issues with factors in this entire dark chapter, until the entire truth is revealed ... and it always is eventually.
* the repercussions the citizenry would have a
right to expect could accrue to any perpetrator
who could have purposely submitted false information
on official candidacy documents (be that at
state or federal level), even if that information
was discovered after the fact.
We have noted the onus is on the state secs of state,
election boards and parties (which is no credible
onus at all), but IF any crime were committed in that
process, is that crime simply absolved and voided
because no one was diligent enough to uphold their
sworn oath of responsibility, do their job and require
conclusive verification of submitted facts?
* the very fact that Siddharth Velamoor, a legal grunt
from Robert Bauer’s Perkins Coie law firm, (Bauer being
the DNC attorney, Obama personal attorney, and now
WH counsel and a very aggressive and threatening shark),
was ‘coincidentally’ assigned as a clerk to Judge Carter
in the WEEK before the Oct. 5 hearing reeks of Chicago thug
politics ..the very in-your-face brand this crew employs.
I don’t believe there are coincidences with these cretins,
and I would find it fantasy to believe that Judge Carter
didn’t know that well-known fact. It appears he
deliberately chose to discard that unethical issue and
permitted that smelly connection to be associated with his
Albeit, dealing with the theatrics and frequently
outlandish courtroom antics of Taitz were challenging
and fractious mazes to traverse, he is still responsible
entirely for his judicial sector and its integrity, if
his judgments are to be accepted with total trust and
confidence from the citizenry, which is vital for an
orderly government to exist.
The following is information I was able to cull readily from the official Federal Elections Commission website for disbursements from the Obama campaign to the law firm of Perkins Coie, which is or did represent Obama in various eligibility suits. The FEC links follow the entries.
Perkins Coie 314,018.06
July 2009 quarterly:
Perkins Coie 270,754.18
Perkins Coie 688,316.42
Perkins Coie 173,052.52
Amended post-general election:
Perkins Coie 205,323.00
That adds up to $1,651,464.18
Perkins Coie does not appear in the pre-general election filing or a few others I checked randomly. You are free to pursue any further information that is of interest. But one would assume that the official FEC website to which the Obama and other campaigns must report their financial activity would be taken by even the most skeptical among us as valid documentation of the reported $1.4 or $1.8, or anything in between, figure expended to defend the eligibility suits.
This information is about the legal fees only of that one law firm, not the DOJ attorneys, court time, or other related costs.
“Don’t think we’re not keeping score, brother.” That’s what President Barack Obama said to Rep. Peter DeFazio in a closed-door meeting of the House Democratic Caucus last week, according to the Associated Press.
As yet unproven, but it’s an issue that won’t die, that is for sure.