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Shocker! Judge orders trial on eligibility issue
WND ^ | 9/8/09 | staff

Posted on 09/08/2009 2:15:45 PM PDT by pissant

A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution.

If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to one of the attorneys working on the issue.

In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had.

In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent defendants Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, were restored as plaintiffs.

But the judge did not immediately rule on Taitz' motion to be granted discovery – that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case.

(Excerpt) Read more at wnd.com ...


TOPICS: Breaking News; Crime/Corruption; Extended News
KEYWORDS: article2section1; barackobama; bho44; birthcertificate; birthers; certifigate; colb; communistcoup; larrysinclairlsover; naturalborn; obama; obamanoncitizenissue; orlytaitz; truthers
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Hopefully, Carter will justify WND's optimistic headline.
1 posted on 09/08/2009 2:15:46 PM PDT by pissant
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To: LucyT

WND’s take on it


2 posted on 09/08/2009 2:16:07 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

What are other legal pros saying?


3 posted on 09/08/2009 2:19:07 PM PDT by woofie
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To: woofie

Most legal pros are kneepadding for the boy marxist.


4 posted on 09/08/2009 2:20:09 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Ruh-roh!


5 posted on 09/08/2009 2:21:18 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant

Why not just wait till he is out of office?


6 posted on 09/08/2009 2:22:08 PM PDT by Hattie
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To: pissant

How does one tentatively schedule a trial?


7 posted on 09/08/2009 2:22:29 PM PDT by brewcrew
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To: Hattie

LOL. And let the commie stooge continue to pretend to be president?


8 posted on 09/08/2009 2:23:09 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant
Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government , following discussion over Taitz' challenge to the work of a magistrate in the case.

What business is it of the "U.S. Government"? This case is against Obama as an individual. Why should our tax money and resources be used to defend a possible criminal who has plenty of his own money to spend and numerous lawyers to defend his position? That STINKS!

9 posted on 09/08/2009 2:23:18 PM PDT by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: pissant
Hopefully, Carter will justify WND's optimistic headline.

It looks to me that WND's article is accurate as to the headline. As I said in the Keyes v Obama thread, if these court reports are accurate, then this is a very significant move forward.

10 posted on 09/08/2009 2:24:11 PM PDT by snowsislander (NRA -- join today! 1-877-NRA-2000)
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To: pissant

Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.”

So, Oct 5, the Judge can dismiss...pertaining to the motion to dismiss, on what grounds, besides deity? are there any docs out there to look at?


11 posted on 09/08/2009 2:24:23 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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To: Don Corleone

and to think he could have saved Judge Carter all the grief of a trial and saved the US taxpayers all the $$ if he just put a toll free call into the Hawaii Vital Records Dept.


12 posted on 09/08/2009 2:25:06 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant
WOW!!! So the judge (a Clinton appointee heard enough to not grant dismissal. KEWL! Now we've gotta wait another month for the next hearing before Judge Carter. Patience, folks. All the more time to present rock solid arguments.
13 posted on 09/08/2009 2:25:22 PM PDT by Diver Dave (Of all the things I've ever lost, I miss my mind the most)
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To: pissant

For reference:

http://en.wikipedia.org/wiki/David_O._Carter


14 posted on 09/08/2009 2:25:34 PM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: pissant

As always, praying for the best while expecting the worst. I hate to be a pessimist but we have been down this road before and so many people have so much $$ invested in Hussein-Soetoro.
I fear the judges inability to rule on the MTD telegraphs his intent to wriggle out of this if the heat gets to be too much.
*fingers crossed*


15 posted on 09/08/2009 2:25:58 PM PDT by JerseyDvl (Since they call Bush, "Dubya" then I must insist on calling Barry, "Hussein" *2009=1984 on steroids*)
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To: pissant
But the judge did not immediately rule on Taitz' motion to be granted discovery ... Nor did Carter rule immediately on a motion to dismiss the case...

Guess he needs to "consult" with Grand Poobah Holder, or get the appropiate bribe from Rahm-bo.

16 posted on 09/08/2009 2:26:01 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant

“President Obama’s defenders also said they would file a motion seeking to block any discovery of evidence at this point.”

WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY? WHY?


17 posted on 09/08/2009 2:26:25 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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To: pissant
Whoo Hoo! Praise the Lord, another VICTORY; this is a direct answer to prayer. Finally a judge who has the courage to uphold the U.S. Constitution!!!!!!!!!!!!!!!!!!

I know a lot can happen between now and the trial but the good news is this ruling forces Obama the Kenyan to PROVE that he is a NATURAL BORN American citizen as required by the Constitution of the United States! No more hiding his $15 long-form birth certificate, no more hiding behind $1.5 MILLION DOLLARS in lawyer fees just to keep it hidden!

18 posted on 09/08/2009 2:27:17 PM PDT by Jmouse007 (Thank you)
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To: pissant

Actually...ordering a trial is good news...since the judge believes that there is merit to the case

Puzzled as to why he did not allow discovery, yet. Discovery on this case would immediately open up those files Obama wants to keep sealed.

He may want to do discovery rulings on each item....birth cert., hospital records, school records. The release of some items have more individual rights protections than others (school records are the toughest)

The REAL good news is that we will learn, from Obama’s lawyers filings....what Obama REALLY wants to hide. A permitted lawsuit will make these filings public...


19 posted on 09/08/2009 2:27:34 PM PDT by UCFRoadWarrior (Isolationism and Protectionism make a stronger nation than Idealism and Globalism)
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To: jessduntno

“Why?”, you ask?


20 posted on 09/08/2009 2:28:15 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: brewcrew
How does one tentatively schedule a trial?

That's actually not too uncommon .. trial dates can move a lot, depending on a lot of factors.

The key point of the article, however, is that the judge has not granted discovery. There's no sense in pretending there will be a trial if she can't jump that obstacle.

21 posted on 09/08/2009 2:29:11 PM PDT by r9etb
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To: jessduntno

Stay tuned ladies and gentlemen as the worm turns...


22 posted on 09/08/2009 2:29:26 PM PDT by etraveler13
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To: pissant
So the judge's family name is Carter? How...ironic.
23 posted on 09/08/2009 2:29:55 PM PDT by sourcery (Obama Lied. The Constitution Died!)
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To: UCFRoadWarrior
Actually...ordering a trial is good news...since the judge believes that there is merit to the case

Naw, he's just starting the countdown clock on bids/bribes.

24 posted on 09/08/2009 2:30:32 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant
There's about ten steps between now and a trial. With a legal IED under each one.
25 posted on 09/08/2009 2:30:39 PM PDT by hinckley buzzard (truth--the liberal's kryptonite.)
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To: Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; MeekOneGOP; ...

As pissant posted on the other story about this:

Keyes v Obama Update
http://www.freerepublic.com/focus/bloggers/2334836/posts

10/5/09 Defense Motion to Dismiss to be heard. Carter indicted only a very strong compelling reason would move him to dismiss at this point. He will review the defense’s 9/4/09 MTD. He wants to hear the case on it’s merits. Discovery to be ordered 10/5/09 if MTD is thrown out.

1/11/10 Pre Trial Set - procedural for other motions, depositions, scheduling, etc

1/26/10 Trial Date Set - Earliest available date for Justice Carter.

So yes, discovery in less than a month is very, very good.

Perhaps that's why when reading from the teleprompter, Obama said in the speech to schoolkids today:

My mother couldn't afford to send me to the school where all the AMERICAN kids went.

26 posted on 09/08/2009 2:31:54 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: LaybackLenny

“Why?”, you ask?”

Yeah...too much?


27 posted on 09/08/2009 2:32:01 PM PDT by jessduntno ("Integrity is the lifeblood of democracy. Deceit is a poison in it." - Ted Kennedy (D-HELL)
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To: pissant
The trial will never take place. Baraq O Bamah will declare marial law before that happens and our Constitution will officially be scrubbed.

Revelation 12:12 "Therefore rejoice, ye heavens, and ye that dwell in them. Woe to the inhabiters of the earth and of the sea! for the devil is come down unto you, having great wrath, because he knoweth that he hath but a short time."

28 posted on 09/08/2009 2:32:31 PM PDT by The Anti-One (So likewise ye, when ye shall see all these things, know that it is near, even at the doors.)
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To: pissant
I predict Judge Carter will wake up with a bloody horses head in his bed, in just about 7 days.

Case dismissed.

29 posted on 09/08/2009 2:32:45 PM PDT by Licensed-To-Carry (Time to dig out the pitchforks and torches...............)
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To: pissant

Fortunately I don’t think “personal embarrassment” holds any legal muster to block discovery, however that’s exactly what I anticipate they will try.


30 posted on 09/08/2009 2:32:47 PM PDT by SpaceBar
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To: pissant

Bookmark for later.


31 posted on 09/08/2009 2:32:51 PM PDT by Churchillspirit (9/11/01...NEVER FORGET.)
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To: jessduntno

LOL!


32 posted on 09/08/2009 2:33:10 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant
and to think he could have saved Judge Carter all the grief of a trial and saved the US taxpayers all the $$ if he just put a toll free call into the Hawaii Vital Records Dept.

Don't kid yourself, he would have first appointed a Czar for that...

33 posted on 09/08/2009 2:33:21 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: pissant

Did you see the footprint on the alleged Kenyan birth certificate? Obama will not be able to walk barefoot anywhere for fear that someone will get his imprint or picture.

If he were into Bimbos that would be an avenue. Some hot chick could just offer to massage his feet. Yuk. That took me down a picture avenue I just can’t back out of fast enough.


34 posted on 09/08/2009 2:35:06 PM PDT by Truth is a Weapon (Truth, it hurts soooo good!)
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To: Licensed-To-Carry

But he’s a Marine. Might not work on him.


35 posted on 09/08/2009 2:35:32 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant
No shock here. I suspected the reports that this judge was not going to let the Obots and Obama off the hook on silly technicalities were accurate.
36 posted on 09/08/2009 2:35:55 PM PDT by Red Steel
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Comment #37 Removed by Moderator

To: brewcrew
How does one tentatively schedule a trial?

It has to do with the date. Meaning on or about on that date the court goes to trial.

38 posted on 09/08/2009 2:39:16 PM PDT by Red Steel
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To: ComeOnNow; Admin Moderator

Welcome to FR. Another day, another troll


39 posted on 09/08/2009 2:39:42 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant
WND’s take on it.

Exactly! Both WND and Oily Taitz have a practice of turning the most routine and benign court proceedings into a major victory that is certain to lead to the disqualification of the TOTUS. Those of us who regularly practice law in the Federal Courts understand, however, that this is SOP: In nearly every case, the Federal District Court will issue a scheduling order, without regard to the actual merits of the claim(s) and defenses, setting deadlines for the completion of pre-trial disclosure, adding or dropping parties, and making dispositive motions, etc., as well dates for status conferences, the date of the pretrial conference, and the trial ready date. In addition, Federal District Courts routinely hold oral argument on motions to dismiss without regard to the significance of the case, the merits of the claims, or the likelihood of ultimate success.

40 posted on 09/08/2009 2:39:51 PM PDT by Labyrinthos
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To: pissant

Judge Carter needs to ask the DOJ attorneys “What actual and specific harm will be done by allowing discovery and letting the case move forward in the interest of justice and transparency?”


41 posted on 09/08/2009 2:41:18 PM PDT by Two Kids' Dad (((( ))))
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To: Labyrinthos

Carter has had the opportunity to toss it twice now, and hasn’t. That is good news, as far as it goes. Compare that to some of these other ahole judges that snarkily dismissed the cases before them before even reading the materials.


42 posted on 09/08/2009 2:41:37 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Sounds good.

I’m a bit skeptical that the trial will see completion.

They’d just as soon pull the house down on his ears, too, first.


43 posted on 09/08/2009 2:42:46 PM PDT by Quix (POL Ldrs quotes fm1900 2 presnt: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: Diver Dave
"All the more time to present rock solid arguments. "

Also more time for the Alinsky acolytes in the WH (Whore House now) to dredge something on the judge.....or for ACORN to threaten some of his friends or family.

44 posted on 09/08/2009 2:43:25 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: jessduntno
So, Oct 5, the Judge can dismiss...pertaining to the motion to dismiss, on what grounds, besides deity? are there any docs out there to look at?

He's giving Obama the opportunity to come clean and/or evidence to prove his case, and Taitz to argue to keep the tentative trial date. Still in pretrial mode until the actual court date.

45 posted on 09/08/2009 2:43:56 PM PDT by Red Steel
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To: ComeOnNow
...yet do not know the basics on trial practice and motions practice.

Call me cynical(!), but I do know the basics of O-bummer "justice." i.e., the rules don't apply to him, and no stinkin' piece of paper (the way he views the Constitution) is gonna get in his way.

46 posted on 09/08/2009 2:44:14 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant

LOL!


47 posted on 09/08/2009 2:45:42 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: Licensed-To-Carry
Just got a chill down my spine ,I pray God protects these Lawyers and dare I say Judge in this case Our country is being turned into a 3rd world country and Judges who oppose Leaders in 3rd world countries get knocked off regularly
48 posted on 09/08/2009 2:47:50 PM PDT by drumr337 (I voted 4 Palin)
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To: Licensed-To-Carry

camel’s head.


49 posted on 09/08/2009 2:49:08 PM PDT by bobby.223
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To: Licensed-To-Carry

I heard he eats bloody horse heads, along with Chuck Norris, for breakfast every third Saturday, after Chuck jogs from Texas to the judges courtroom in So Cal. /h


50 posted on 09/08/2009 2:49:14 PM PDT by IllumiNaughtyByNature
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