Posted on 10/23/2009 2:29:59 AM PDT by STARWISE
This is news .. the DOJ has officially notified CA Judge David Carter, presently reviewing his next move in the Keyes et al v. Obama et al lawsuit ... of a GA judge's decision in the Kerchner v Obama lawsuit.
______________________________________________________
It clearly shows that Judge Carter doesn’t deserve to be addressed as such the guy is looking for the easy way out while making sure not to upset the Usurper-in-Chief. I may be wrong but Carter has sold out.
-David Crockett
Maybe Judge Carter was waiting for Judge Simandle’s ruling granting dismissal in the Kerchner case. It came down Tuesday and the DOJ just made Judge Carter officially aware of it.
I believe Judge Carter must be waiting for something because after reading more of the court proceedings it’s become clear he would find it hard to rule against barry no matter where his birth. So why else is he delaying his ruling?
“He should and has to recuse himself from the case at once if not then we need to go stand in his front yard day and night and protest.”
Good lord.
Yeah, go do that, and have a good time.
I’m starting to wonder if Judge Carter is putting this off until it becomes moot.
Dr. taitz, Esq. has also filed a request for Judicial Notice in the same manner the DOJ has.
How does the action of the DoJ say much of anything about Judge Carter, rather than aobut the slime at the DoJ? It's not like he could prohibit them from filling the request for judicial notice.
It might even backfire. I know it would tick me off. "See, here's what that Judge in NJ ruled". My answer would be: "That's his court, this is MY court, and I will decide based on MY understanding of the law and the facts" (IOW, "and the camel you rode in on").
Yes
Without attorneys from both sides being involved?
No, her filings contained evidence of service to the DOJ attorneys, I don't see any such notice on the DoJ Filing. Maybe they did, maybe they didn't.
LOL; no sign of a trend reversal either
I think the longer it takes, the better it is for Taitz’ case.
I may be wrong but typically if a judge thinks a case is frivolous, he or she issues a short and quick opinion agreeing with the usual motion to dismiss.
The longer the wait, the more “meat” in the issuing opinion that could reasonably be expected from both sides, one way or another.
The more “meat” in the issuing opinion, the more chance Carter exposes himself to being overturned, unless the arguments are airtight.
I think given the lack of case history of cases of this type, the latitude for a reasoned decision may be somewhat broad either way.
In such circumstances, Carter could perform a favor to the country by simply issuing a opinion denying the motion to dismiss and letting the 9th circuit court of appeals handle the legal backlash that would surely come.
(1) the case falls squarely into a legal flaw in the constitution itself, a flaw that needs to be plugged one way or another
(2) it puts the federal government on notice that no one is above the law
(3) Obama can hardly claim he is not responsible for the constitutional crisis since it is he who is avoiding making public the $12 certificate.
(4) any flawed decision will be overviewed by the appeals courts and corrected.
Finally I think the notion that the long distance to file a Quo Warranto in DC court and the attendant anticipated inconvenience to the plaintiffs have both historical and contemporary merit.
If Carter decides to grant the motion to dismiss, and recommend to Taitz where to bring the suit properly, it is a problem because really no court wants this politically charged hot potato case. Carter can’t really claim to speak for another court with any veracity so making such a recommendation will probably satisfy no one. If Taitz takes such a recommendation and it is refused in the next court, it could lead to widespread civil unrest depending on circumstances and if that happens, it could lead to a general devaluation of the court system in the public eye.
So the more time elapses, I think the better Taitz’ chances are.
I think the DOJ lawyers have to be at this point more nervous than Taitz on the outcome...
1) the case falls squarely into a legal flaw in the constitution itself, a flaw that needs to be plugged one way or another
~~~~~~
Isn’t THAT the incontrovertible, undeniable
and vital TRUTH!
Thank you for your well-reasoned post ... ;)
I don’t believe putting it off makes it moot though! What it does is brings us closer to the dates that are already on the docket to hear the case. Maybe he is just going to let this go since the dates are set in stone.
This is my hope and in by no means anything other than my hope! :)
obumpa
IF Judge Carter were to deny the motion, would the Taitz camp then be immediately free to file and receive discovery materials so far being hideena nd withheld by Obama? ... Could the judge allow discovery and make the ninth circuit liberal spittlefest moot by allowing the truth to be ‘discovered’ regardless of the liberla ninth shutting down the case later?
Meant to ping you folks to my queries ...
I wonder, as the date for trial gets closer, could Carter be holding his denial of the MTD so that it coems out so close to trial that the DOJ cannot squelch it on appeal due to shortage of response time?
Did anyone notice on Rush today that after he read the quote from Zero's Columbia thesis and played the old clip from some public radio interview, he pointed out that our so-called pres has always and continues to be an adversary to the Constitution?
In the same breath he went on to say as he trailed away into the break something about being interested in a number of lawsuits that were on the way related to The One’s attacks on the US Constitution. I immediately thought about eligibility suits when he said that, but that may say more about my interests than it does about what was on his mind?
Does anybody know what litigation he was referencing? Did it sound like eligibility stuff to anyone but me?
I wonder if Rush may already be or may be considering becoming a silent patron for one or more of the eligibility suits.
I heard Rush, and I noticed he said something about things bubbling up or coming to a head out there and there was something else he said that gave it a very optimistic feel.
It was vague and nonspecific, but he sounded like he might have noticed a glimmer of hope about something. Who knows.
Thanks, it would be cool if somebody had the exact quotes from that segment (maybe a 24/7 subscriber) and could post that for us to kick around a bit.
Also, according to Hawaii's Laws, once Obama posted that notorious COLB, he waived any right to privacy over the supporting documents. The Hawaiians stonewalling of requests for Obama documents has been bullshiite from the git-go. Now they are caught good and proper.
They are not going down easily, but they are going down. It's a big step ... and speed counts!
Ask on the Rush daily thread .. just do
a search for keyword Rush .. top right.
Lucas Daniel Smith 10.12.09 new Declaration SACV09-00082-DOC (Anx)
http://www.scribd.com/doc/21451147/Lucas-Daniel-Smith-10-12-09-new-Declaration-SACV09-00082-DOC-Anx
Thanks. I have done so now. Perhaps someone will help out. I’m often curious about where Rush is on this issue. It intrigues me how he always keeps it at arm’s length, but occaisionally throws out a tantalizing reference to it.
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