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Judge Carter, 3 sheets to the wind..
American Grand Jury ^ | December 29th, 2009 | Bob Campbell

Posted on 01/01/2010 6:27:46 AM PST by USALiberty

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The 2010 New Year's resolution of all good conservatives should be to achieve the goal of restoring the U.S. Constitution this year. If the Kenyan Usurper is still in office a year from now, we will have failed.
1 posted on 01/01/2010 6:27:49 AM PST by USALiberty
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To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

“Here is the stunner.. the Judge is truly preaching to the liberal loonies when he made this statement:

“There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office.

However, on the day that President Obama took the presidential oath and was sworn in, he became president of the United States.

Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a president, either through impeachment or the succession process set forth in the Twenty-Fifth Amendment.”

The Judge forgot to mention the fact that Obama committed FRAUD when taking office. Obama knowingly defrauded the public when he placed his name on the ballot and again when he the took the Oath of Office. Obama is a USURPER, not a legal President. The Constitution is VERY CLEAR, no man can serve or be elected to the Office of the Presidency unless he is a “natural born” citizen. The election is basically “null and void.”

Judge Carter can preach till he is blue in the face about Obama being sworn in and now it’s too late. NO SIR, it is never to late to convict Obama for election fraud, even treason. Obama can be removed just as quickly as he took office.

All it takes is a criminal prosecution and the Secret Service can march this lying sack of humanity right out of the White House into a 5×8 cell where he so prominently belongs.


2 posted on 01/01/2010 6:32:47 AM PST by STARWISE (They (LIBS-STILL) think of this WOT as Bush's war, not America's war- Richard Miniter)
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To: USALiberty

Someone, not me, made him an offer that he couldn’t refuse.


3 posted on 01/01/2010 6:36:12 AM PST by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: USALiberty
Even the President, once he is sworn in, is entitled to due process under the procedure for presidential removal (impeachment) in the US Constitution. Use it, or lose it.
4 posted on 01/01/2010 6:37:28 AM PST by Rapscallion (They really did pledge their lives, fortunes, and sacred honor. How now?)
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To: USALiberty

And why was Robert Bauer’s associate assigned as Judge Carter’s clerk 5 days before the last hearing?

http://www.theobamafile.com/_associates/RobertBauer.htm#TheFixIsIn


5 posted on 01/01/2010 6:41:29 AM PST by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: STARWISE

Great catch Star, IMHO someone got to him.


6 posted on 01/01/2010 6:41:36 AM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: USALiberty

So tell me this: Could a liberal Clinton appointee to the District Court in California have decided that President Bush was not constitutionally qualified to be President of the United States in 2002 and unilaterally order him removed from office?

Judge Carter would say no. And Judge Carter would be (and was in this case) right. Judge Carter’s order respectfully considered the arguments raised and rejected them on the basis of law and precedent. To slander this judge by calling him drunk and not knowing what he was doing is something that reflects poorly on the attempts to get to the truth of Barack Obama’s true origins.

It was the Congress’ job and the State Board of Elections jobs to examine Obama’s constitutional qualifications. They refused to do their job in the 2008 elections. Some states might actually make him show his birth certificate the next time around. If the Republicans win the Senate or House of Representatives in 2010, they can issue subpoenas, and get to the bottom of where he was born.

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 can’t 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.


7 posted on 01/01/2010 6:45:54 AM PST by The Man
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To: The Man

Bingo.


8 posted on 01/01/2010 6:53:18 AM PST by 1rudeboy
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To: STARWISE; LucyT

Happy New Year Ping!

White washing and judicial “punting” before 4th down by a veteran Marine you would expect would defend and uphold the Constitution against an enemy “WITHIN,” unlike his fellow Marines defending our Constitution from battles overseas!!!


9 posted on 01/01/2010 6:55:31 AM PST by danamco
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To: USALiberty
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?

What happened is that he did the right thing, as a Marine should be expected . . . so Mr. Campbell is left to call him a drunk.

10 posted on 01/01/2010 6:56:03 AM PST by 1rudeboy
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To: USALiberty

I respect the practice of (liberal) law about as much as I respect the practice of astrology.


11 posted on 01/01/2010 6:57:57 AM PST by Da Coyote
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To: USALiberty
RENUNCIATION FOR MINOR CHILDREN
Parents cannot renounce U.S. citizenship on behalf of their minor children. Before an oath of renunciation will be administered under Section 349(a)(5) of the INA, a person under the age of eighteen must convince a U.S. diplomatic or consular officer that he/she fully understands the nature and consequences of the oath of renunciation, is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her U.S. citizenship.

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA).
12 posted on 01/01/2010 7:03:16 AM PST by SvenMagnussen (Clever tagline can only be seen on the other internet.)
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To: Don Corleone

"I make him an offa he don't refuse"

That's what I thought as well.

13 posted on 01/01/2010 7:03:55 AM PST by Semper Mark ("Brevity is the soul of wit." Besides, I only have so much tagline space.)
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To: USALiberty; All

USALiberty
Since Oct 6, 2009

Personally I think you guys are being played here. Shrill hysterical overkill.


14 posted on 01/01/2010 7:05:51 AM PST by tlb
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To: Beckwith
I knew the fix was in when I read that. It was very disappointing. No conflict of here. No siree! (/s)
15 posted on 01/01/2010 7:11:14 AM PST by wintertime
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To: Beckwith

How can Judge Carter look another Marine in the eye?


16 posted on 01/01/2010 7:12:08 AM PST by wintertime
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To: The Man; USALiberty
It was the Congress’ job and the State Board of Elections jobs to examine Obama’s constitutional qualifications. They refused to do their job in the 2008 elections. Some states might actually make him show his birth certificate the next time around.

Which means that a fraud/crime had then been committed when the usurper submitted sworn applications to the partners involved and they then submitted sworn affidavits to SoS and others within DNC!

All this happened when the American people was kept in the darkness before the election!!

How do we deal immediately with such crimes, if not through courts???

DNC = Congress are in the majority, so the chain on the "football" field would NOT be moved forward even after the 1st down, regardless of the referee's demand to do so!!!

17 posted on 01/01/2010 7:16:08 AM PST by danamco
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To: SvenMagnussen

Countries Which Prohibit Dual Citizenship:

Austria, Belgium, Brunei, Burma, Chile, China, Denmark, Ecuador, Fiji, Finland, Germany, Iceland, India, Indonesia, Iran*, Japan, Kenya, Kiribati, Korea, Malaysia, Mauritius, Nepal, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Singapore, Solomon Islands, Thailand, Venezuela, Vietnam, Zimbabwe.

* Iran does not recognize dual citizenship but continues to recognize its citizens as Iranian. * Note that Germany has recently amended its citizenship laws so that in some exceptional circumstances, dual citizenship is now allowed. Consult the German Foreign Office web site for details. * Also, India announced on 8 January 2002 that it will shortly change its law to allow dual citizenship for Indians settled outside India.
18 posted on 01/01/2010 7:22:18 AM PST by SvenMagnussen (Clever tagline can only be seen on the other internet.)
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To: SvenMagnussen

What;s your point???


19 posted on 01/01/2010 7:22:36 AM PST by danamco
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To: USALiberty; All

Did anybody else see this? It came by e-mail?

*****************************************************

VERY QUIETLY OBAMA’S CITIZENSHIP CASE REACHES THE SUPREME COURT
AP- WASHINGTON D.C. - In a move certain to fuel the debate over Obama’s qualifications for the presidency,the group “Americans for Freedom of Information”
has Released copies of President Obama’s college transcripts from Occidental College . Released today, the transcript school indicates that Obama, under the name Barry
Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate at the The transcript was released by Occidental College in compliance with a court
order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for
foreign students from the Fulbright Foundation Scholarship program. To qualify, forthe scholarship, a student must claim foreign citizenship.
This document would seem to provide the smoking gun that many of Obama’s detractors have been seeking. Along with the evidence that he was first born in Kenya and there is no record of him ever applying for US citizenship, this is looking pretty grim. The news has created a firestorm at the White House as the release casts increasing doubt about Obama’s legitimacy and qualification to serve as President article titled, “Obama Eligibility Questioned,” leading some to speculate that the story may overshadow economic issues on Obama’s first official visit to the U.K. In a related matter, under growing pressure from several groups,

Justice Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear arguments concerning Obama’s legal eligibility to serve as President in a case brought by Leo Donofrio of New Jersey . This lawsuit claims Obama’s dual citizenship disqualified him from serving as president. Donofrio’s case is just one of 18 suits brought by citizens demanding proof of Obama’s citizenship or qualification to serve as president.

Gary Kreep of the United States Justice Foundation has released the results of their investigation of Obama’s campaign spending. This study estimates that Obama has spentupwards of $950,000 in campaign funds in the past year with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records. Mr.. Kreepindicated that the investigation is still ongoing but that the final report will be provided to the U.S. attorney general, Eric Holder. Mr. Holder has refused to comment on the matter.
LET OTHER FOLKS KNOW THIS NEWS, THE MEDIA WON’T !

Subject: RE: Issue of Passport?

While I’ve little interest in getting in the middle of the Obama birth issue, Paul Hollrah over at FSM did so yesterday and believes the issue can be resolved by Obama answering one simple question: What passport did he use when he was shuttling between New York , Jakarta , and Karachi ?

So, how did a young man who arrived in New York in early June, 1981, without the price of a hotel room in his pocket suddenly come up with the price of a round-the-world trip just a month later?

And once he was on a plane, shuttling between New York , Jakarta , and Karachi , what passport was he offering when he passed through Customs and Immigration?

The American people not only deserve to have answers to these questions, they must have answers. It makes the debate over Obama’s citizenship a rather short and simple one.

Q: Did he travel to Pakistan in 1981, at age 20?
A : Yes, by his own admission.

Q: What passport did he travel under?
A: There are only three possibilities.
1) He traveled with a U.S. . Passport,
2) He traveled with a British passport, or
3) He traveled with an Indonesia passport.

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
Department’s “no travel” list in 1981.
Conclusion: When Obama went to Pakistan in 1981 he was
traveling either with a British passport or an Indonesian passport.
If he were traveling with a British passport that would provide proof that he was born in Kenya on August 4, 1961, not in Hawaii as he claims. And if he were traveling
with an Indonesian passport that would tend to prove that he relinquished whatever previous citizenship he held, British or American, prior to being adopted by his Indonesian step-father in 1967.

Whatever the truth of the matter, the American people need to know how he managed to become a “naturalborn” American citizen between 1981 and 2008..

Given the destructive nature of his plans for America , as illustrated by his speech before Congress and the disastrous spending plan he has presented to Congress,the sooner we learn the truth of all this, the better.


20 posted on 01/01/2010 7:32:38 AM PST by jackv (The darkness hates the light!)
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To: jackv

It’s old, it’s fake, and you’ve been had again. Here’s a tip: Stop believing people who have little education and know nothing at all about the matters on which they pontificate. If you believe everything you hear, you are just like the airheads who support Obama.


21 posted on 01/01/2010 7:38:49 AM PST by Technical Editor
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To: danamco

Re ... What;s your point???

I like to post information related to the topic of the thread. Why does that offend you?


22 posted on 01/01/2010 7:42:29 AM PST by SvenMagnussen (Clever tagline can only be seen on the other internet.)
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To: 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?

Because he didn't say that.

Does the word “arrogance” come to mind?

No, the words that come to mind are "crass stupidity" and "incompetence" and those can best be applied to Orly Taitz.

23 posted on 01/01/2010 7:54:53 AM PST by Non-Sequitur
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To: jackv
A: No... It is not possible. Pakistan was on the U.S. State Department’s “no travel” list in 1981.

Your email falls apart right there. Pakistan was not and has never been on a State Department no-travel list.

24 posted on 01/01/2010 7:56:25 AM PST by Non-Sequitur
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To: SvenMagnussen
Assume we accept everything you say (I haven't investigated it, so I'll do so). If Obama obtained an Indonesian passport at any time, and Indonesia does not accept dual citizenship, then he must perforce have been naturalized as an Indonesian citizen. The US statutes you refer to state:

"Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);"

The acceptance of an Indonesian passport is prima facie evidence for the relinquishment of US citizenship.

25 posted on 01/01/2010 7:57:42 AM PST by Doug Loss
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To: wintertime
How can Judge Carter look another Marine in the eye?

Very easily. IMHO, of course.

26 posted on 01/01/2010 7:58:54 AM PST by Non-Sequitur
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To: SvenMagnussen

Can you point out how Indonesian law can supersede U.S. law?


27 posted on 01/01/2010 8:01:23 AM PST by Non-Sequitur
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To: STARWISE

The judge ruled correctly. If Obama committed fraud in gaining office then the remedy is to impeach him. The election has been certified and cannot be overturned, just as the 2000 election of Bush could not have been overturned if it were proved he was fraudulantly elected. Once the toothpaste is out of the tube it is hard to get it back in. Obama could possibly be prohibited from running again if he can be shown to be ineligible.


28 posted on 01/01/2010 8:02:18 AM PST by mono
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To: jackv

I find it both interesting and revealing that he was a recognized Kenyan during his Senate run yet now a Hawaiian.


29 posted on 01/01/2010 8:05:07 AM PST by mcshot (Son of Liberty.)
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To: Doug Loss
"Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship..."

What you failed to include is those acts must be performed as an adult. A minor child cannot relinquish U.S. citizenship and they cannot have it relinquished by someone on their behalf.

Also, had Obama been adopted by Soetoro then under the Indonesian law in effect at that time he was most likely too old to have Indonesian citizenship granted to him. He would have had to apply for naturalization when he became an adult. By that time he'd been living in the U.S. again for years.

30 posted on 01/01/2010 8:05:23 AM PST by Non-Sequitur
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To: STARWISE

IOW, “The King Can Do No Wrong” philosophy.


31 posted on 01/01/2010 8:10:01 AM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: Non-Sequitur
A minor child cannot relinquish U.S. citizenship and they cannot have it relinquished by someone on their behalf.
Not true. You're confusing a situation where a minor is still living in the U.S.A with a minor who has permanently moved to a country outside of the U.S.A. It's xenophobic to assume a U.S. citizen would never renounce their citizenship to become a citizen of the country they are living in. Minors have as much right to pursue citizenship outside of the U.S. as an adult.
32 posted on 01/01/2010 8:25:12 AM PST by SvenMagnussen (Clever tag line can only be seen on the other Internets.)
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To: Non-Sequitur

I think that’s one thing people fail to grasp. The Republic of Vanuatu could pass a law declaring every member of FR its citizens, and that would not mean we “relinquish” our original citizenships.


33 posted on 01/01/2010 8:27:52 AM PST by 1rudeboy
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To: The Man

Excellent points. Carter is an outstanding judge.


34 posted on 01/01/2010 8:28:23 AM PST by uscabjd
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To: 1rudeboy
Mr. Campbell is left to call him a drunk.

Where was that mentioned???

35 posted on 01/01/2010 8:31:15 AM PST by danamco
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To: USALiberty

Judge is an Ex-Marine. Former Marine. Once a Marine, always a Marine. I know a few Marines, and the “once a Marine, always a Marine” aura don’t seem to be all taht strong. And thoroughly-corrupt, Ex-Marine, Western-Pennsylania Congressman Murtha comes to mind, too.


36 posted on 01/01/2010 8:33:51 AM PST by flowerplough ( Pennsylvania today - New New Jersey meets North West Virginia.)
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To: jackv
“...leading some to speculate that the story may overshadow economic issues on Obama’s first official visit to the U.K.”

I have a cousin who has taken the bait and sent this hoax to me at least four times , each with a new, different “tempting” headline.

The line above included in all versions so far is the dead giveaway that the story (even if it wasn't a hoax) is not current, as Obama’s first UK visit was near April Fool's day 2009 when the hoax story first appeared.

http://www.telegraph.co.uk/finance/financetopics/g20-summit/5080893/US-President-Barack-Obama-UK-visit-follows-weeks-of-meticulous-planning.html

37 posted on 01/01/2010 8:35:47 AM PST by Seizethecarp
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To: jackv; USALiberty; All

I didn’t know that we are now using January 1at for April 1st fools and hoaxes???


38 posted on 01/01/2010 8:37:25 AM PST by danamco
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To: SvenMagnussen

I like your post 18 better!!!


39 posted on 01/01/2010 8:39:39 AM PST by danamco
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To: 1rudeboy
I think that’s one thing people fail to grasp. The Republic of Vanuatu could pass a law declaring every member of FR its citizens, and that would not mean we “relinquish” our original citizenships.

No, but it would mean you relinquish your original citizenship if you subsequently apply for a Vanatuan passport.

40 posted on 01/01/2010 8:42:28 AM PST by Doug Loss
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To: Non-Sequitur; SvenMagnussen

If you live (permanently ?) in another country you have to follow that country’s laws, NOT U.S. laws!!!


41 posted on 01/01/2010 8:48:23 AM PST by danamco
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To: wintertime
How can Judge Carter look another Marine in the eye?

I'm sure he'd be comfortable with Murtha.

42 posted on 01/01/2010 8:49:52 AM PST by null and void (We are now in day 345 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void; malkee; STE=Q; rocco55; thouworm; rxsid; GOPJ; Fred Nerks; stockpirate; george76; ...

Don’t step in the troll...


43 posted on 01/01/2010 8:55:41 AM PST by null and void (We are now in day 345 of our national holiday from reality. - 0bama really isn't one of US.)
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To: The Man

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.


44 posted on 01/01/2010 9:08:47 AM PST by Cicero (Marcus Tullius)
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To: danamco

In the headline.


45 posted on 01/01/2010 9:10:44 AM PST by 1rudeboy
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To: The Man; STARWISE; LucyT; Brytani; Rafterman; katiekins1; BP2; rodguy911; roaddog727
“It was the Congress’ job and the State Board of Elections jobs to examine Obama’s constitutional qualifications. They refused to do their job in the 2008 elections. Some states might actually make him show his birth certificate the next time around. If the Republicans win the Senate or House of Representatives in 2010, they can issue subpoenas, and get to the bottom of where he was born.

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 can’t 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.
http://naturalborncitizen.wordpress.com/

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!

46 posted on 01/01/2010 9:18:17 AM PST by seekthetruth (PLEASE PRAY FOR OBAMA, former cocaine user ---- PSALM 109:8)
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To: jackv; Technical Editor
As TE says, it's fake. Between the Birthers who enthusiastically grab anything that seems to support the truth, and the 0bots who deliberately lie, obfuscate and half-truth to create a cloud of confusion, this is going to be a difficult gordian knot to unravel.

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 Department’s “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?

47 posted on 01/01/2010 9:20:36 AM PST by null and void (We are now in day 345 of our national holiday from reality. - 0bama really isn't one of US.)
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To: wintertime

They got something on him.


48 posted on 01/01/2010 9:21:25 AM PST by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: seekthetruth

Thanks for the explanation.


49 posted on 01/01/2010 9:38:18 AM PST by reasonisfaith (When liberal ideology is put into practice it accomplishes, universally, the opposite of its claims.)
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To: STARWISE
“The Judge forgot to mention the fact that Obama committed FRAUD when taking office. Obama knowingly defrauded the public when he placed his name on the ballot and again when he the took the Oath of Office. Obama is a USURPER, not a legal President. The Constitution is VERY CLEAR, no man can serve or be elected to the Office of the Presidency unless he is a “natural born” citizen. The election is basically “null and void.”

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.

50 posted on 01/01/2010 9:39:37 AM PST by Seizethecarp
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