Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-50 ... 301-350351-400401-450 ... 851-871 next last
To: txhurl

Who’s the troll in the middle? Aaaaaaaaaaaagh!


351 posted on 09/08/2009 7:39:42 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 271 | View Replies]

To: pissant
But Carter could have used the exact same BS logic as the other judges.

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.

352 posted on 09/08/2009 7:39:55 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 343 | View Replies]

To: MHGinTN

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.


353 posted on 09/08/2009 7:41:03 PM PDT by pissant (THE Conservative party: www.falconparty.com)
[ Post Reply | Private Reply | To 347 | View Replies]

To: pissant; ComeOnNow; Admin Moderator
Before we all go getting our knickers in a twist, how about everyone here who actually passed CivPro raise your hand.

Bueller? Anyone...?

354 posted on 09/08/2009 7:41:48 PM PDT by Tenniel2 (Memo to politicians: Don't worry about "shovel-ready." Worry about "pitchfork-ready.")
[ Post Reply | Private Reply | To 39 | View Replies]

To: FARS

Thanks for the ping!


355 posted on 09/08/2009 7:42:25 PM PDT by Alamo-Girl
[ Post Reply | Private Reply | To 150 | View Replies]

To: pissant

Nonsense. The very first link I gave you was based on a MTD.


Yes that case was based on a Motion to Dismiss. BUT, the motion was was not granted UNTIL the Plaintiff (Hamblin) filed his response(s).

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.


356 posted on 09/08/2009 7:43:15 PM PDT by Sibre Fan
[ Post Reply | Private Reply | To 350 | View Replies]

To: SeaHawkFan
Orly has done well to get the case this far, but I am ELATED this other attorney has been allowed to represent his clients in this case.

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.

357 posted on 09/08/2009 7:43:27 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 346 | View Replies]

To: Sibre Fan

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:

http://ia301520.us.archive.org/2/items/gov.uscourts.cacd.435591/gov.uscourts.cacd.435591.58.0.pdf


358 posted on 09/08/2009 7:44:18 PM PDT by TheBigIf
[ Post Reply | Private Reply | To 318 | View Replies]

To: MHGinTN; pissant
Anty, chinslurp has tried to float lies on the BC threads. Do you expect integrity from such an one? ;^)

That would be as ludicrous as expecting integrity from either of you.

359 posted on 09/08/2009 7:44:22 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 347 | View Replies]

To: Non-Sequitur

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.


And you have a judge order that Orly’s actions were improper and objectionable.


360 posted on 09/08/2009 7:44:35 PM PDT by Sibre Fan
[ Post Reply | Private Reply | To 357 | View Replies]

To: Non-Sequitur

Nonsense. He could have pulled a fast one just like the Wash Supreme Court did to Steve Pidgeon.


361 posted on 09/08/2009 7:45:10 PM PDT by pissant (THE Conservative party: www.falconparty.com)
[ Post Reply | Private Reply | To 352 | View Replies]

To: Non-Sequitur

You worried about discovery?


362 posted on 09/08/2009 7:45:40 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
[ Post Reply | Private Reply | To 344 | View Replies]

To: TheBigIf

I just read the Court order and there is one part that stands out as NOT good at all.


I read pretty much the whole order as “not good” for Orly at all. She lost every motion she filed. The judge characterized her actions as “improper.” The judge forced her to file a “joint opposition” to the motion to dismiss with Kreep. The judge said that the parties agreed on tentative schedule (he didn’t order it). I mean, I can’t find any good news for Orly in the Order.


363 posted on 09/08/2009 7:46:50 PM PDT by Sibre Fan
[ Post Reply | Private Reply | To 358 | View Replies]

To: pissant

Marine Bump!


364 posted on 09/08/2009 7:47:19 PM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Deepest End

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.


365 posted on 09/08/2009 7:48:42 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
[ Post Reply | Private Reply | To 342 | View Replies]

To: txhurl
You worried about discovery?

The judge denied Taitz's request so discovery hasn't begun yet. And why should I worry? I'm not named in the case.

366 posted on 09/08/2009 7:49:40 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 362 | View Replies]

To: pissant
Nonsense. He could have pulled a fast one just like the Wash Supreme Court did to Steve Pidgeon.

Nonsense is believing that he could have or would have.

367 posted on 09/08/2009 7:50:21 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 361 | View Replies]

To: PA-RIVER

“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.


368 posted on 09/08/2009 7:50:24 PM PDT by faucetman (Just the facts ma'am, just the facts)
[ Post Reply | Private Reply | To 267 | View Replies]

To: Sibre Fan

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.


369 posted on 09/08/2009 7:50:59 PM PDT by TheBigIf
[ Post Reply | Private Reply | To 363 | View Replies]

To: Non-Sequitur
Just elated in the sense that I have much more confidence in Kreep than Taitz, who is clearly inept even if her intentions are good. I think we should all be thankful for Judge Carter since a judge less interested in the truth could have easily tossed this case out earlier without pretty much telling Taitz how to do her job.
370 posted on 09/08/2009 7:51:18 PM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 357 | View Replies]

To: TheBigIf

Nakazato simply followed the rules and as Carter pointed out, Nakazato did not dismiss the motions with prejudice.


371 posted on 09/08/2009 7:52:36 PM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 358 | View Replies]

To: Sibre Fan
The good news is the judge didn't give Orly any special treatment but the case is proceeding. Yes Orly didn't get her petty motions, so what? She can refile the previously dismissed motion re the BC, which apparently she has already done. The court is being fair and following the rules and making the attys follow the rules, that's all we can ask. If they get past the motion to dismiss then there will be a trial lacking an unforeseen and unlikely summary judgment.

Then again, Obama can settle the case by admitting he is ineligible.

372 posted on 09/08/2009 7:54:25 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
[ Post Reply | Private Reply | To 363 | View Replies]

To: Licensed-To-Carry

No, not him. His granddaughter’s bed. And some nasty pictures will be arriving at his doorstep in 5, 4, 3, 2...


373 posted on 09/08/2009 7:54:36 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
[ Post Reply | Private Reply | To 29 | View Replies]

To: SeaHawkFan

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.


374 posted on 09/08/2009 7:54:57 PM PDT by TheBigIf
[ Post Reply | Private Reply | To 371 | View Replies]

To: Non-Sequitur
Well, lickspittlist, here's your recent lie on another BC thread. Evidence is a tough thing to ignore, you despicable liar.

[[ 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 ]]

375 posted on 09/08/2009 7:55:19 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
[ Post Reply | Private Reply | To 359 | View Replies]

To: LaybackLenny

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.


376 posted on 09/08/2009 7:55:30 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
[ Post Reply | Private Reply | To 365 | View Replies]

To: Non-Sequitur

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.


377 posted on 09/08/2009 7:55:51 PM PDT by pissant (THE Conservative party: www.falconparty.com)
[ Post Reply | Private Reply | To 367 | View Replies]

To: Non-Sequitur

I’m not named in the case.

hmmm...


378 posted on 09/08/2009 7:55:53 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
[ Post Reply | Private Reply | To 366 | View Replies]

To: Sibre Fan
Here's another take:


379 posted on 09/08/2009 7:56:27 PM PDT by deport
[ Post Reply | Private Reply | To 363 | View Replies]

To: pissant

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.


380 posted on 09/08/2009 7:57:36 PM PDT by mkjessup (Hey Comrade 0bama? No documentation = No eligibility, ok? Now GTF out of OUR White House!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Deepest End

LOVE your tagline.


381 posted on 09/08/2009 7:58:07 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
[ Post Reply | Private Reply | To 376 | View Replies]

To: ComeOnNow

IB4TZ


382 posted on 09/08/2009 7:58:53 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
[ Post Reply | Private Reply | To 79 | View Replies]

To: deport

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....


383 posted on 09/08/2009 7:59:09 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
[ Post Reply | Private Reply | To 379 | View Replies]

To: rolling_stone

I’m not named in this case


hmmmmm

Exactly. He sure spends a lot of man-hours for a guy not named.


384 posted on 09/08/2009 8:00:16 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
[ Post Reply | Private Reply | To 378 | View Replies]

To: LaybackLenny
"It is the duty of the patriot to protect his country from its government." - Thomas Paine

I wholeheartedly believe it!

385 posted on 09/08/2009 8:01:07 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
[ Post Reply | Private Reply | To 381 | View Replies]

To: PA-RIVER
Tell the truth, your tune in hoping that it cracks wide open and Obama flees in the middle of the night....

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.

386 posted on 09/08/2009 8:02:06 PM PDT by Drew68
[ Post Reply | Private Reply | To 317 | View Replies]

To: Sibre Fan
"I mean, I can’t find any good news for Orly in the Order."

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.

387 posted on 09/08/2009 8:02:29 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
[ Post Reply | Private Reply | To 363 | View Replies]

To: Kevmo

Not banned yet.

I think it’s a higher-up salaried one.


388 posted on 09/08/2009 8:04:32 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
[ Post Reply | Private Reply | To 382 | View Replies]

To: Drew68
"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."

Hear, hear.

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.

389 posted on 09/08/2009 8:06:23 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
[ Post Reply | Private Reply | To 386 | View Replies]

To: TheBigIf
Indonesia only applies if Obama WASN'T born in Hawaii and or if Barry renounced (proof?) his US citizenship. A technicality of using the wrong name won't get him removed from office. What WILL do him in is

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.

390 posted on 09/08/2009 8:07:48 PM PDT by faucetman (Just the facts ma'am, just the facts)
[ Post Reply | Private Reply | To 292 | View Replies]

To: ComeOnNow

So you signed up today to save FR from itself because of optimism?

Way to go n00bie!


391 posted on 09/08/2009 8:07:51 PM PDT by Eaker (If you have a problem and If explosives are an option then explosives are THE answer.)
[ Post Reply | Private Reply | To 37 | View Replies]

To: afnamvet

See post #365, my response to Deepest End.


392 posted on 09/08/2009 8:08:59 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
[ Post Reply | Private Reply | To 306 | View Replies]

To: mkjessup

Chinslurp and his buddies might jump him.


393 posted on 09/08/2009 8:09:30 PM PDT by pissant (THE Conservative party: www.falconparty.com)
[ Post Reply | Private Reply | To 380 | View Replies]

To: SeaHawkFan
I have been a long time observer,and as of this evening, a first time poster. The thread that I've been seaching for all day concerns the passport of the gent who claims to have gone to Mombassa to retrieve the Kenyan BC. Does anyone know if his passport has been checked to confirm the trip to Kenya? If it does, it would add a great deal of credibility to his claim of being in possession of a legitimate BC. As his attorney,this would be the first question I would have asked. Hopefully, she did.
394 posted on 09/08/2009 8:09:30 PM PDT by AFret.
[ Post Reply | Private Reply | To 346 | View Replies]

To: AFret.

You talking about Jerome Corsi?


395 posted on 09/08/2009 8:11:10 PM PDT by txhurl (Obama went 1st After our Money, then after our Health, and now after our Kids. Put/keep pressure on.)
[ Post Reply | Private Reply | To 394 | View Replies]

To: ~Kim4VRWC's~

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


396 posted on 09/08/2009 8:12:53 PM PDT by faucetman (Just the facts ma'am, just the facts)
[ Post Reply | Private Reply | To 303 | View Replies]

To: little jeremiah; ComeOnNow

Then I suppose I’ll post my standard IB4TZ post for the Viking Kitties.

Sung to the tune of “Oh! Susanna, don’t you cry for me.” .... “Oh, no Bama, please don’t lie to me... for I’m off to Free Republic with a laptop on my knee.”

I come from Minnesota with my laptop on my knee; | I’m 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 don’t you lie. | | Oh! No Bama, don’t 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, I’m coming for the truth | Obama don’t you lie. | | Oh! No Bama, don’t you lie to me; | I’m off to Free Republic, | with my laptop on my knee.

I fight in my pajamas, | It’s 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 Guvnor’s family ate it up | And then they set it loose. | | Oh! No Bama, don’t you lie to me; | I’m 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 she’ll pave the trolls | So controversially, | And Berg will knock Obama down | With friends of Hillary. | | Oh! No Bama, don’t you lie to me; | I’m off to Free Republic with a laptop on my knee.

I soon will be in Hawaii, | And then I’ll look all ‘round, | And when I find his birth record, | I’ll fall upon the ground. | But if I do not find it, | This Freeper’ll surely die, | And when I’m dead and buried, | Obama don’t you lie. | | Oh! No Bama, don’t you cry for me; | I’m off to Free Republic with a laptop on my knee.

http://www.freerepublic.com/focus/chat/2073903/posts?page=30#30

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)
[ Post Reply | Private Reply | To 31 | View Replies | Report Abuse]


397 posted on 09/08/2009 8:12:57 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
[ Post Reply | Private Reply | To 388 | View Replies]

To: Drew68
"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." Excellent observation, Drew. But a large number of those who voter for the Obammer did so thinking they were getting a moderate.

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. ;^) ]

398 posted on 09/08/2009 8:13:21 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
[ Post Reply | Private Reply | To 386 | View Replies]

To: TheBigIf

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.


399 posted on 09/08/2009 8:16:28 PM PDT by faucetman (Just the facts ma'am, just the facts)
[ Post Reply | Private Reply | To 307 | View Replies]

To: faucetman

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?


400 posted on 09/08/2009 8:18:03 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
[ Post Reply | Private Reply | To 390 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-50 ... 301-350351-400401-450 ... 851-871 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson