Skip to comments.Judge Carter Ruling on MTD
Posted on 10/29/2009 10:19:10 AM PDT by Elderberry
Judge Carter Ruling on MTD
Yes. There's a whole section on "Conduct of Plaintiffs' Counsel". See pages 28 and 29.
What a surprise./sarcasm
Is this the 'royal' we? These people took oaths to uphold and defend the Constitution. IF they knowingly LIED then they will be held to account. NOT by me or you but the ONE that bestowed the blessing on this nation so many snuff at and elect a stranger to rule over them.
His 2012 opponents likely have standing on certain causes of actions pre-election.
Now we attack all Natural Born Americans.
That’s a shocker. /s
I’m sure the appeal will be filed withing days
“For there is nothing covered, that shall not be revealed; neither hid, that shall not be known” Luke 12:2.
Did he really say that? That's pretty bizarre- if 69 million people voted to murder someone, would that make it OK?
What does it matter what one or 69 million people think- the constitution can be overridden because 69million people want to? Doesn't that require a CONSTITUTIONAL CONVENTION?
Yeah it’s not funny... I guess the guest on o’reilly was correct. It was litigated before it was. Sheesh...
If I were a bookie, I'd start taking odds on how long it will take Orly to get disbarred.
“This cut and run call to lay down arms and leave this country defenseless is an effort by Plaintiffs to emasculate the military. “
OIC....you were injecting religion into the story...sorry I am a little slow on the uptake today.
no need to insult Sgt Carter.
No question. If the RNC or the Republican nominee wanted to explore this controversy, and to litigate it, standing,justiciability to include the courts ability to provide a remedy, would all easily be met. The case would be heard and decided entirely on its merits. And, it's a case that could be hear in either federal courts, or any of the other 50 state courts. Challenges to ballot access are litigated all the time.
Seems rather convoluted to me to state you’re honoring the Constitution by ignoring it’s tenets regarding eligibility as it relates to the presidency.
As for other courts and their rulings, they were tasked with making judgments based on the facts before them. So is Judge Carter. What those other judges decided, has no bearing on this case.
Either the facts support the plaintiff’s argument, or they don’t. That’s all the judge should address here.
This guy was looking for any excuse. His Constitutional argument was silly. I believe his admonition regarding other courts was also silly.
“But your honor, here’s the video of the defendant plunging the knife into the victim’s back with his own hand.”
“Look, other courts have acquitted murder defendants. Aren’t you disrespecting those courts by bringing this case before me? Why yes, I believe you are. Dismissed.”
When it comes to the top officials in this nation, there really isn’t any governing law. They can do whatever they please. In this case our Constitution was given the same weight as any worthless bit of paper in the local dump.
Plaintiff Keyes was a candidate.
Are we certain this is real? It's not like we haven't seen forgeries and other false documents in these cases. Nothing at http://www.orlytaitzesq.com/ yet.
So what happens if Superbozo runs for a second term? Will we get to prevent him from taking office then since we seem to have no standing now? Or will he get to run purely and merely because he completed a first term, albeit fraudulently in the minds of many people?
We need to start work on changing the election laws in as many states as possible to require more than just a signed statement certifying that candidates are eligible. We need some kind of independent verification process outside of the parties (DNC, RNC, etc.).
The country is defenseless.
We are done, stick a fork in us.
Yes! I propose a Clarion Call to a huge Patriotic Group of Constitutional Attorneys to band together and put the egos and petty differences aside and get an office in D.C. and start a huge concentrated effort to process the Quo Warranto Law and confront Obama. Start the process and go up to SCOTUS again, or have it dealt with through Congress, whatever the path is. I make a plea for Leo Donofrio, Ed Vieira, Orly Taitz, Gary Kreep and any other Patriotic Conservative attorneys to band together, pool their talents and resources and start the Quo Warranto process as soon as possible. I'm thinking a major push, a Ken Starr Special Prosecutor type effort to push this along. Get 50 attorneys, 100 paralegals, get a huge office in Washington D.C. and give it the biggest full court press you can. If the word got out this was happening, people would donate a Lot.
Is this an extreme idea? Was it extreme that the MSM and the powers at be elected a Manchurian Candidate communist last November who is constitutionally not qualified to serve as President of the United States and be Commander in Chief of our Armed Forces? Is your Country worth it? Does the Constitution still matter? I look at my 10 yr old Grandson and think what is the country going to be like when he's my age if this communist "progressive" system takes over the country?
It says “ Defendants motion to dismiss is granted.”
I only read parts of the ruling.
This court considers Obama to be POTUS, solely because he was sworn in as POTUS. (I disagree with the judge, but the judge puts a LOT of emphasis on the swearing-in ceremony). Obama’s removal would then have to be by Congress. Because Obama is now POTUS (in this court’s opinion), Alan Keyes no longer can demonstrate injury, and thus does not have standing.
There are some very positive things here, things that will work in favor of discloure of the BC in an appeal.
First - the case was dismissed because this judge felt that he lacked jurisdiction to take action against another branch of the government. Implication is that a higher court might have jurisdiction.
Second - he discusses that, as a candidate, Alan Keyes, DID have standing, even though he was a minor candidate. The judge seemed particularily concerned that this suit wasn’t filed until after the swearing-in ceremony (Orly and Kreep are responsible for this delay). IMHO - This will make it very difficult for Obama to run in 2012 without disclosing his BC.
Ouch! That's gotta sting.
Have a little bit more optimism for your country and the military protecting us.
Sounds like Judge Carter was more of a political patsy than a Marine. Bet the Obama Admin found out everything that was in Carter’s closet...must be some underage boys somewhere
There is nothing more BS than “standing” or “not having standing” in a court of law. Anyone who voted in the last election would have standing in a case regarding Obama’s birth certificate.
As a former attorney-colleague told me regarding to “standing” in the courts: “Depends how much drinking the judge did the night before”
I am sure all those ENABLING OBAMA are a little more happy now....nothing like faux-cons who do everything to keep a non-qualified person in the White House. Anyone who smites or criticizes those who want to know the truth about Obama’s birth is ENABLING OBAMA
Maybe Orly will see if she can earn herself $20,000 in fines from Judge Carter as well.
And now the tough gutsy marine judge will be called a spineless sellout who was intimidated by the Obama machine.
It’s all ok:
I just received a call from Orly Taitz, my attorney in the case seeking proof of Obama’s eligibility for the Office of President of the United States. Judge Carter has release a statement declaring that the dates he set for the hearing and trial on the eligibility issue are confirmed, and it will move forward as scheduled. Apparently he was not swayed by the Obama lawyer’s arguments.
Alan Keyes, October 7, 2009
Thanks for the update, LucyT.
I believe any one of his primary opponents will have standing to litigate his eligibility during the primaries (if any Dem runs against him and gets on the ballot), and that the Republican candidate will have standing after the conventions and before the general election. I don't think anyone else has standing at any other time.
What shall we bet on now?
Let see, we have used the soapbox, ballot box and are being denied access to the jury box. So, let guess what the next box is? Here is something that is very related to the topic.
IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America
hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefit of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies
For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
Josiah Bartlett, William Whipple, Matthew Thornton
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry
Stephen Hopkins, William Ellery
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross
Caesar Rodney, George Read, Thomas McKean
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton
William Hooper, Joseph Hewes, John Penn
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton
Button Gwinnett, Lyman Hall, George Walton
I wasn't particularly, and then I read your rabid, mouth-foaming, POS post and I realized that as long as there are Birthers then there will be people around here to laugh at.
“The inclusion of the First Lady in this lawsuit, considering she holds no constitutional office, is baffling.”
Well as it is written there is some soil wherein it is not the place to plant the seeds of truth of what is to be. And the Heavenly Father did through His only Begotten Son and holy prophets did foretell what would be.
Just as was predicted, dismissed. With a pretty hard smack down at the end.
Because, after all, the other appeals have been so successful...
It is NOT religion it is reality. Watch and learn.
Why the hell not. She will be vindicated at the end.
I was wrong - a little - when I said to you that Smith's declaration probably wasn't delaying the decision. We can tell from the two page smack-down of Taitz that's included in the decision, that Carter was in receipt of that statement, and at least one other, and that he was disturbed by them. So, to the extent that it took Carter some time to address this specific issue in his order, there was at least some delay in his decision.
Since he doesn't level any sanctions at Taitz, my guess is he's looking at other, perhaps more serious, forms of discipline.
In his ruling he quite clearly states that the Plaintiff was asking the court to set the Constitution aside and do something the court had no Constitutional authority to do.
But not a credible one.
Are we certain this is real?
Yes. It's also on the Central District website: Link
Some are going to have to learn the hard way. They are blind as to what is literally taking place and there is nothing you or I can say that will change their minds... They will have to live it before they will accept they were ever wrong.
Be sure and let us all know how that works out for you.
“She will be vindicated at the end.”
The end of what exactly?
“Anyone who smites or criticizes those who want to know the truth about Obamas birth is ENABLING OBAMA”
Quite simply...bull!~ As has been brought up repeatedly, there is plenty of room to critize the use of tactics that consistently lead to it being easier to marginalize those who oppose Obama.
Remember the beginning of this month when Taitz was sending out announcements about how this case was going to trial, having trial dates, and Keyes posted the announcement to his twitter account? And just the past few days where Taitz was issuing press releases and announcements about her ‘upcomming trial’.
You don’t think the liberal media and the Obama supporters are going to be using those now to make us all look bad???