Shocker! Judge orders trial on eligibility issue

WND ^ | 9/8/09 | staff

[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.

[AuntB]

“attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent defendants “

Gary Kreep!!! What a perfect lawyer name. LOL

[fieldmarshaldj]

Well, as they say, it’s good to get head.

[Albion Wilde]

Everybody calm down - this is not a VICTORY as some think. Many judges schedule trials long before dispositive motions have been filed and fully briefed. It is fairly common that judges grant motions for summary judgment the day before a trial is set to go. All this means is that there is a date. That is all.

As for delaying a ruling on the Motion to Dismiss that was expected considering the Department of Justice (who represents the federal government and the President) filed the motion last Friday. Orly has a right to respond with an opposition, and the DOJ gets a final right to file a reply. In many cases, as in this case, the Judge granted a hearing on the motion.

So on October 5 there will be a hearing, and the judge will subsequently make a ruling from the bench or not. Who knows.

But to get excited is premature. I find it odd that so many on these boards claim to know the ins and outs of federal law, particular constitutional law and what the Constitution requires, yet do not know the basics on trial practice and motions practice.

Then again, it looks like some of you have already decided any ruling outside what you want the ruling to be is the result of fraud, coercion, consipracy, etc.

Newbie opinion.... FR sign-on date: today.

[mcshot]

Good point Fred...but unfortunately logic doesn’t seem to apply these days.

[STARWISE]

Major Mega WOO HOOs!!!

"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.

The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved.

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

If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later.

The case would be the first time, according to Kreep, that the actual merits of the dispute will have been heard in open court. A multitude of such disputes have been rejected out of hand by various state and federal courts. Even the U.S. Supreme Court repeatedly has rejected urgent appeals to hear the evidence."

[Myrddin]

Assuming Obama continues to try to block discovery, that should be front page news daily. Focus on it. Don't give him the least break on the issue until he coughs up the docs. Ridicule him if necessary. He gets a full Alinsky instead of a Lewinsky.

[tet68]

marial law

I am reminded of when a friend and his wife went to a local
college to teach martial arts. they showed up and everyone
was in pajamas and they said, let’s take the mats out and practice on the lawn and everyone gave a gasp of surprise,
it turned out the flyer the college put out had misprinted the word as Marital Arts.

[jessduntno]

“It would be helpful would it not for a few attorneys to offer pro bono services to assist in this case? Such a case has the potental of being the most important one of the twenty first century.”

One thing that the new echoey sounding new guy has right, is that the next date is going to be pretty perfunctory...and, he has it right that the discovery is what will kill this ahole in the WH...I remain, like others here, cautiously optimistic...the warning not to get TOO excited or to celebrate a VICTORY, outside of being weird, was not too reflective of what I have read here...going back to post #2, I think we have all recognized that the whole thing was pretty routine and what we expected, EXCEPT most of him and his little buddies were telling us it would be dismissed...the Judge didn’t dismiss, which the Zero team wanted...we’ll find out more on Oct 5...plenty of time to bulk up a legal team, because they aren’t anywhere near doing anything but waiting for decisions on going forward or not and when...

[STARWISE]

Don't you just love the aroma of n@@bies on a pleasant afternoon ?

[SeaHawkFan]

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.

This schedule is rather quick. Could be the judge is going to make sure there are no procedural issues that can be successfully appealed.

Obama will be getting very nervous very soon. If discovery is allowed to proceed, Obama will produce the evidence he is qualified to be president within days if he is qualified in order to put this case behind him. Any attempts at further delay will almost be an admission that his is not constitutionally qualified.

[Dr. Bogus Pachysandra]

That was a kinda obscure reference to an ancient Mad Magazine! It was from Mad that I learned of Judge Crater,,,, and axolotyls!

[Straight Vermonter]

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.

So these two are defendants AND plaintiffs?

[woofie]

I can tell ......you are part of the conspiracy

[Two Kids' Dad]

Since it’s 0bama that’s hiding all of his records, perhaps you should direct your question at him.

My opinion is that he could be a naturalized citizen, he could be a non-citizen, he could be a NBC... though the last option is definitely arguable and that’s why we’re all discussing the subject.

Remember, the NBC clause was added to specifically preclude a president holding the office if he had divided (or dual) loyalties. 0bama’s dad was Kenyan and was a British subject at the time of his birth. 0bama’s mother wasn’t of sufficient age to automatically confer NBC-ship on him (even if we overlook the father’s ‘foreigner’ problem), so we want answers. WE WANT THE TRUTH!

Why don’t you direct your questions to this administration and ask them to provide the long-form birth certificate instead of spending HUGE sums of money to hide it? Remember, FReepers don’t claim to have all the answers, we just have facts and opinions and are pushing to get at the answers.

[jessduntno]

“Assuming Obama continues to try to block discovery, that should be front page news daily. Focus on it. Don’t give him the least break on the issue until he coughs up the docs. Ridicule him if necessary. He gets a full Alinsky instead of a Lewinsky.”

Exactly...the more they doth protest too much the more it hurts them...plus, Bammy will have to write another book pretty soon to cover these legal bills...unless his pal Georgie Soros can give him some more spending money...

[campaignPete R-CT]

DREW! You are out of order!

[LaybackLenny]

Not sure what you’re asking...but my response was reflective of my cynicism toward a) the generally corrupt libtard judiciary and its constant genuflecting to the b) Messianic One.

[pissant]

No. Typo

[etraveler13]

Its gonna get sticky...

[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.

The first oppurtunity for a judge to toss a lawsuit in Federal Court is generally on a motion to dismiss. Carter hasn't tossed this case yet because Zero's motion to dismiss has not been fully submitted to the Court for consideration. That will happen at the earliest after oral argument is held on October 5th. My point is Oily Taitz and World Nut Daily have a habit of exaggerating the significance of routine court proceedings, such as the scheduling of oral argument on a motion to dismiss, the pretrial conference, and the trial ready date.