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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: pissant

Judge Carter needs to ask the DOJ attorneys “What actual and specific harm will be done by allowing discovery and letting the case move forward in the interest of justice and transparency?”


41 posted on 09/08/2009 2:41:18 PM PDT by Two Kids' Dad (((( ))))
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To: 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.


42 posted on 09/08/2009 2:41:37 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Sounds good.

I’m a bit skeptical that the trial will see completion.

They’d just as soon pull the house down on his ears, too, first.


43 posted on 09/08/2009 2:42:46 PM PDT by Quix (POL Ldrs quotes fm1900 2 presnt: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: Diver Dave
"All the more time to present rock solid arguments. "

Also more time for the Alinsky acolytes in the WH (Whore House now) to dredge something on the judge.....or for ACORN to threaten some of his friends or family.

44 posted on 09/08/2009 2:43:25 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: jessduntno
So, Oct 5, the Judge can dismiss...pertaining to the motion to dismiss, on what grounds, besides deity? are there any docs out there to look at?

He's giving Obama the opportunity to come clean and/or evidence to prove his case, and Taitz to argue to keep the tentative trial date. Still in pretrial mode until the actual court date.

45 posted on 09/08/2009 2:43:56 PM PDT by Red Steel
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To: ComeOnNow
...yet do not know the basics on trial practice and motions practice.

Call me cynical(!), but I do know the basics of O-bummer "justice." i.e., the rules don't apply to him, and no stinkin' piece of paper (the way he views the Constitution) is gonna get in his way.

46 posted on 09/08/2009 2:44:14 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: pissant

LOL!


47 posted on 09/08/2009 2:45:42 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: Licensed-To-Carry
Just got a chill down my spine ,I pray God protects these Lawyers and dare I say Judge in this case Our country is being turned into a 3rd world country and Judges who oppose Leaders in 3rd world countries get knocked off regularly
48 posted on 09/08/2009 2:47:50 PM PDT by drumr337 (I voted 4 Palin)
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To: Licensed-To-Carry

camel’s head.


49 posted on 09/08/2009 2:49:08 PM PDT by bobby.223
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To: Licensed-To-Carry

I heard he eats bloody horse heads, along with Chuck Norris, for breakfast every third Saturday, after Chuck jogs from Texas to the judges courtroom in So Cal. /h


50 posted on 09/08/2009 2:49:14 PM PDT by IllumiNaughtyByNature
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To: BP2
Thanks BP2.

Just wish Judge Carter didn't allow so much wiggle room.
51 posted on 09/08/2009 2:49:38 PM PDT by BIGLOOK (Government needs a Keelhauling now and then.)
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To: LaybackLenny

The Constitution is a flawed document, according to barney Obamarama.


52 posted on 09/08/2009 2:50:13 PM PDT by wxgesr (I want to be the first person to surf on another planet!)
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To: ComeOnNow
"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."

Darn straight, newbie!
(Except you forgot to include treason, bribery, reverse racism, and deviant sexual behaviour.)

53 posted on 09/08/2009 2:50:40 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: pissant

SITREP


54 posted on 09/08/2009 2:52:07 PM PDT by LiteKeeper (When do the impeachment proceedings begin?)
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To: ComeOnNow

Just signed up today, huh?

Considering in the past we’ve gotten a-hole judges who consider “twittering” as evidence and vetting.

This judge appears to be a stand up guy. We are cautiously optimistic.

Now go and rain on someone else’s parade.


55 posted on 09/08/2009 2:52:28 PM PDT by Smokeyblue
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To: bobby.223

LOL!


56 posted on 09/08/2009 2:52:55 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

The Networks are air-dropping in hundreds of reporters and stringers to cover this, just like they did for sarah Palin’s announcement, RIGHT???


57 posted on 09/08/2009 2:53:09 PM PDT by tcrlaf ("Hope" is the most Evil of all Evils"-Neitzsche)
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To: wxgesr
The Constitution is a flawedirrelevant document, according to barney Obamarama.

...what he really meant.

58 posted on 09/08/2009 2:53:26 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: Licensed-To-Carry; All

> I predict Judge Carter will wake up with a bloody horse
> head in his bed, in just about 7 days. Case dismissed.

He's went against the Aryan Brotherhood and Mexican Mafia and didn't flinch throwing their asses in the slammer.

He's also support the Gay-Straight Alliance to meet on campus in Orange County. So he's "balanced" for a California judge — not a right-wing activist judge as will soon be claimed by the Left.

http://en.wikipedia.org/wiki/David_O._Carter

All things consider, I don't think the Cook County goon squad will intimidate him either.


59 posted on 09/08/2009 2:53:46 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: tcrlaf

Be lucky if it makes page d16 of the Wash Post.


60 posted on 09/08/2009 2:54:23 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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