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.

[pissant]

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

[txhurl]

You worried about discovery?

[Sibre Fan]

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.

[kellynla]

Marine Bump!

[LaybackLenny]

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.

[Non-Sequitur]

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.

[Non-Sequitur]

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.

[faucetman]

“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.

[TheBigIf]

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.

[SeaHawkFan]

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.

[SeaHawkFan]

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

[rolling_stone]

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.

[Kevmo]

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

[TheBigIf]

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.

[MHGinTN]

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 ]]

[Deepest End]

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.

[pissant]

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.

[rolling_stone]

I’m not named in the case.

hmmm...

[deport]

Here's another take:

The second issue was a snit on the plaintiff's side. Taitz had originally worked with attorney Gary Kreep in Wiley Drake's lawsuit against Obama, the case that has since blossomed into Barnett v. Obama. At some point, Kreep, Drake and co-plaintiff Markham Robinson decided to part ways with Taitz. Taitz refused to sign a change-of-attorney form, and then filed a motion stating Drake and Robinson's desire to be removed from the lawsuit. Those two plaintiffs say they authorized Taitz to do no such thing. Carter, very much taking the tone of a teacher scolding children, called a 15-minute recess and told Taitz and Kreep to work it out. When court resumed, Taitz lit into Kreep with a litany of ways that she said he had botched the suit against Obama. Carter wasn't pleased. "I think what I'm going to do is force you two together [in one lawsuit]," 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." He then made the two bickering lawyers move their chairs next to one another. "I'm very visual," he said. "I need to see you two as one."

Orly Taitz's Day in Court

[mkjessup]

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.