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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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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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