Skip to comments.Shocker! Judge orders trial on eligibility issue
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 ...
WND’s take on it
What are other legal pros saying?
Most legal pros are kneepadding for the boy marxist.
Why not just wait till he is out of office?
How does one tentatively schedule a trial?
LOL. And let the commie stooge continue to pretend to be president?
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!
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.
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?
and to think he could have saved Judge Carter all the grief of a trial and saved the US taxpayers all the $$ if he just put a toll free call into the Hawaii Vital Records Dept.
As always, praying for the best while expecting the worst. I hate to be a pessimist but we have been down this road before and so many people have so much $$ 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.
Guess he needs to "consult" with Grand Poobah Holder, or get the appropiate bribe from Rahm-bo.
“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?
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!
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...
“Why?”, you ask?
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.
Stay tuned ladies and gentlemen as the worm turns...
Naw, he's just starting the countdown clock on bids/bribes.
As pissant posted on the other story about this:
Keyes v Obama Update
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 defenses 9/4/09 MTD. He wants to hear the case on its 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.
Why?, you ask?”
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."
Fortunately I don’t think “personal embarrassment” holds any legal muster to block discovery, however that’s exactly what I anticipate they will try.
Bookmark for later.
Don't kid yourself, he would have first appointed a Czar for that...
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.
But he’s a Marine. Might not work on him.
It has to do with the date. Meaning on or about on that date the court goes to trial.
Welcome to FR. Another day, another troll
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.
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?”
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.
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.
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.
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.
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.
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