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 ...
Who’s the troll in the middle? Aaaaaaaaaaaagh!
He could have done that back in July because Taitz was so inept that she never properly served the defendant. But he didn't. He didn't dismiss today because Taitz is entitled to put together a reply to the motion to dismiss. He might well do it on October 5th, and if he does you will no doubt accuse him of bullshit logic.
But I keep saying Taitz. It's now the Orly Taitz and Gary Kreep show, isn't it? What a circus that was. Two different attorneys representing two different sets of plaintiffs in one trial, and neither one is on speaking terms with the other. A dismissal might be a blessing to them both.
CS has been full of BS. I’m sure he’ll congratulate Orly for her tenacity when Obama is finally forced to trial. Or more likely will be crying in his/her/its beer.
Thanks for the ping!
Nonsense. The very first link I gave you was based on a MTD.
In Hamblin, McCain filed a motion to dismiss on May 29. Hamblin filed his opposition on 6/12. McCain filed his reply on 6/19. Hamblin filed an opposition to McCain’s reply on 07/06.
Therefore, it is not a case where the judge acted on a motion to dismiss without giving the plaintiffs an opportunity to respond.
The other attorney is there because his two clients, Wiley Drake and Markham Robinson, sued to get out from Orly's representation. So you now have two attorneys representing different clients in the same suit, and they refuse to work together. Oh yes, something to be elated about by all means.
I just read the Court order and there is one part that stands out as NOT good at all.
Judge Carter has ordered that Magistrate Judge Nakazato will still be handling the matter of discovery.
The only hope is that Judge Carter expresses that he is dealing closely with Nakazato on this issue.
As posted by Sibre Fan the link to the Court Order:
That would be as ludicrous as expecting integrity from either of you.
So you now have two attorneys representing different clients in the same suit, and they refuse to work together. Oh yes, something to be elated about by all means.
Nonsense. He could have pulled a fast one just like the Wash Supreme Court did to Steve Pidgeon.
You worried about discovery?
I just read the Court order and there is one part that stands out as NOT good at all.
Touche. I hope you will understand that I instinctively distrust anything/everything/everyONE even REMOTELY associated with Klintoon. My faith in ANY civilian branch of the government is at low ebb.
The judge denied Taitz's request so discovery hasn't begun yet. And why should I worry? I'm not named in the case.
Nonsense is believing that he could have or would have.
“On the face of it, it is incredible. The President being sued by the people to prove he is eligible, because he refuses to show the documentation”
NAH, this happens all the time. That’s why the MSM isn’t covering it.
Well there is plenty that I have read as being good. Like the fact that this judge wants to give this case a chance to be head on it’s merits. Like the fact that he included the fact that he would closly work on the issue of discovery with the other judge. etc....
This case is still moving on.
Nakazato simply followed the rules and as Carter pointed out, Nakazato did not dismiss the motions with prejudice.
Then again, Obama can settle the case by admitting he is ineligible.
No, not him. His granddaughter’s bed. And some nasty pictures will be arriving at his doorstep in 5, 4, 3, 2...
Yea right. We all have seen some outrageous behavior by judges involved with this case already. You can form your own opinions on this case but I do not agree with your accessment that Nakazato had no bias.
Of course I still respect that this judge was not going to make that accusation and recuse Nakazato as of yet.
[[ But the State of Hawaii did certify it to be a true copy of the original COLB.
474 posted on Monday, September 07, 2009 10:08:30 PM by Non-Sequitur ]]
Understood. Can’t say I haven’t been there myself. It’s easy to be a pessimist. There are plenty around here, that’s for sure.
Like I said, you are the one that has been crowing like a chinslurp about all the quick dismissals. You must be getting a bit nervous now that carter sounds at least semi interested in some resolution.
Of course he could very well grant the DOJ and Perkins Coie’s circular arguments about standing. Or he could be a patriot as his Marine background suggests.
I’m not named in the case.
I sincerely hope Judge Carter stays out of dark alleys and small airplanes.
If someone told me a month or so ago that I would be ‘praying for Carter’ I would have told them they were full of it.
LOVE your tagline.
Carter said. “I don’t know if I can legally do this, you can take it to the 9th Circuit if you like and delay it longer.
interesting comment...might be a thrown lifesaver later....
I’m not named in this case
I wholeheartedly believe it!
I'd love to see Obama out of the White House, his socialist plans for America gone with him but this fantasy that Orly's lawsuits are going to end with Obama in handcuffs and the Executive Office turned over to John McCain who promptly falls over dead leaving Sarah Palin as our President is just that, a fantasy. A Birther delusion
Obama and his ilk will be forced to vacate when and only when conservatives nurture and support electable conservative candidates whose messages and plans towards prosperity and individual freedom resonate with American voters.
Booting Obama out on his ass doesn't change the fact that 65 million Americans bought the crap he was selling and what this says about the current state of conservatism in America is depressing to think about. It means conservatism has a tough road ahead and conservatives have a lot of work changing the entitlement mentality that has taken over this country.
But, there's plenty of good news on the entertainment front. In 25 years of practice, I've never heard a judge (or even heard about a judge) tell to two lawyers, on the same side, to "push their chairs closer together" - in open court, no less. C'mon, that's comedy gold and surely a story to be told to every 1L in the country.
Not banned yet.
I think it’s a higher-up salaried one.
Although, I'm not quite as pessimistic as you. I still believe a sizable people voted for the guy "who wasn't George Bush" and "wasn't older than dirt". I still think more than a third of the country isn't smart enough to understand the difference between conservative or liberal - they just vote for the guy (or gal) who looks, speaks and smiles the best, for whatever that's worth.
1. Not being a US citizen at all
2. Not being born in the US of A
3. Not being a natural born citizen because of his dad. BUT supreme court would have to rule on this and we already know which way they would vote, so actually there are only 2 ways.
So you signed up today to save FR from itself because of optimism?
Way to go n00bie!
See post #365, my response to Deepest End.
Chinslurp and his buddies might jump him.
You talking about Jerome Corsi?
Carter was nominated by President Bill Clinton
Not the same as saying he was nominated by Barack Obama.
Also Bill Clinton is looking better and better to me
Then I suppose I’ll post my standard IB4TZ post for the Viking Kitties.
Sung to the tune of Oh! Susanna, dont you cry for me. .... Oh, no Bama, please dont lie to me... for Im off to Free Republic with a laptop on my knee.
I come from Minnesota with my laptop on my knee; | Im goin to Free Republic my true love for to see. | It rained all night the day you left, | the weather it was dry; | The sun so hot you froze to death, | Obama dont you lie. | | Oh! No Bama, dont you lie to me; | I come from Minnesota, with my laptop on my knee.
I had a dream the other night, | When everything was still; | I thought I saw Obama dear, | A-coming for The Hill. | The smearing lie was in Duluth, | The croc tear in his eye, | Said I, Im coming for the truth | Obama dont you lie. | | Oh! No Bama, dont you lie to me; | Im off to Free Republic, | with my laptop on my knee.
I fight in my pajamas, | Its plain for all to see. | I aim to be the next Buckhead; | The media all hate me. | I fell in love with Sarah | When my sister bit a moose. | The Guvnors family ate it up | And then they set it loose. | | Oh! No Bama, dont you lie to me; | Im off to Free Republic, | with my laptop on my knee.
She loves her sons, she likes her guns, | and Triggernometry. | The media will jump the shark | When she makes history. | Well, JimRob knows shell pave the trolls | So controversially, | And Berg will knock Obama down | With friends of Hillary. | | Oh! No Bama, dont you lie to me; | Im off to Free Republic with a laptop on my knee.
I soon will be in Hawaii, | And then Ill look all round, | And when I find his birth record, | Ill fall upon the ground. | But if I do not find it, | This Freeperll surely die, | And when Im dead and buried, | Obama dont you lie. | | Oh! No Bama, dont you cry for me; | Im off to Free Republic with a laptop on my knee.
33 posted on Tuesday, September 09, 2008 9:46:19 AM by Kevmo (Obama Birth Certificate is a Forgery. http://www.freerepublic.com/tag/certifigate/index?tab=articles)
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Obama was not vetted int eh fourth estate sense of that word. The actual truth about this lying SOB's marxist/fascist associates was not allowed to surface by the enemedia, so many of those moderate voters were actually tricked in their votes. I believe it is these folks who are joining the consewrvatives at Tea Parties and object at Townhall meetings.
But your insight on the entitlement mentalityfestering in this country is spot on, Drew. [ Now, don't get all upset that I agreed with you, anti-birther. ;^) ]
If this judge orders discovery on October 5th then this case is already over.
Obama can not submit to discovery or he will be ruined
EXACTLY this is all about discovery.
Would filing as Barak Obama when his legal name is Barry Soetoro still, as an Indonesian citizen disqualify him on grounds of fraud to gain the nomination and win the election?