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KEYES|BARNETT v OBAMA - 87 - REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hill

Is this typical judicial conduct for DOJ ?

1 posted on 10/23/2009 2:30:00 AM PDT by STARWISE
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To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

~~Ding!


2 posted on 10/23/2009 2:30:39 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: STARWISE
doesnt sound good, this was from comments at article link.

..Also on 10/22 glenn beck show, beck strongly hinted that bob bauer is getting white house job, possibly the new obama white house counsel!!

3 posted on 10/23/2009 2:44:44 AM PDT by opentalk
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To: STARWISE
Is this typical judicial conduct for DOJ ?

It's typical, and proper, conduct for any attorney arguing a case in federal court. It's simply a matter of fowarding a decision recently made in another federal court case that has elements in common with the case being decided, and asking the judge to "notice" the ruling.

If Kerchner had been decided in favor of the plaintiffs, Orly could/should have done the same.

5 posted on 10/23/2009 3:18:47 AM PDT by browardchad ("Everyone is entitled to his own opinion, but not to his own fact." - Daniel P Moynihan)
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To: STARWISE

FYI - The Kerchner lawsuit was in NJ not GA.


7 posted on 10/23/2009 4:01:12 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: mlo; Non-Sequitur; parsifal; Pilsner; Drew68; curiosity; Sibre Fan; El Sordo; MilspecRob; ...

Ping to article questioning DOJ actions.


8 posted on 10/23/2009 4:08:00 AM PDT by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: STARWISE
-- Is this typical judicial conduct for DOJ? --

Yes. When handling multiple cases stemming from the same complaint or cause of action, the party that gets good treatment in another venue brings that fact into each affected case. The DOJ did this with the multiple lawsuits that challenged the president's authority to conduct the Terrorist Surveillance Program and other assorted warrantless surveillance.

12 posted on 10/23/2009 4:23:21 AM PDT by Cboldt
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To: STARWISE
Can anyone here speak English?

13 posted on 10/23/2009 4:30:03 AM PDT by conservatism_IS_compassion (Anyone who claims to be objective marks himself as hopelessly subjective.)
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To: STARWISE

Did the DOJ go to CA for a cup of coffee?......... Then that maybe worth a line or two on some blog......


18 posted on 10/23/2009 6:49:56 AM PDT by deport
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To: STARWISE

I’m starting to wonder if Judge Carter is putting this off until it becomes moot.


22 posted on 10/23/2009 8:09:06 AM PDT by El Sordo
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To: STARWISE
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.

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").

24 posted on 10/23/2009 10:57:37 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: STARWISE

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...


27 posted on 10/23/2009 12:20:20 PM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: STARWISE

obumpa


30 posted on 10/23/2009 12:55:30 PM PDT by Dajjal (Obama is an Ericksonian NLP hypnotist.)
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To: All
Diverging tangent apologies.

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.

34 posted on 10/23/2009 1:38:15 PM PDT by ecinkc (Socialism: America's Darkest Hour)
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