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Judge Carter Ruling on MTD
scribd ^ | 10/29/09 | Judge Carter

Posted on 10/29/2009 10:19:10 AM PDT by Elderberry

Judge Carter Ruling on MTD


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: article2section1; birthcertificate; birthers; carter; certifigate; naturalborncitizen; nbc; obama; obamaisfafraud; obamathugs; orly; orlytaitz; romney4obama; romneyantigop; romneybotshere; romneybotsvsbirthers
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To: mlo
The judge did enforce the constitution.

Then why has Hussein spent $1.7 million to date to keep his birth information secret, and how can the judge rule on the question without demanding to see personally the documentation that 0bama is in fact, "natural born"?

221 posted on 10/29/2009 12:28:25 PM PDT by The Sons of Liberty (FUBO - When 0bama Fails, Freedom Prevails!)
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To: Elderberry
The hearings have been interesting to say the least. Plaintiffs’ arguments through Taitz have generally failed to aid the Court. Instead, Plaintiffs’ counsel has favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning. While the Court has no desire to chill Plaintiffs’ enthusiastic presentation, Taitz’s argument often hampered the efforts of her cocounsel Gary Kreep (“Kreep”), counsel for Plaintiffs Drake and Robinson, to bring serious issues before the Court. The Court has attempted to give Plaintiffs a voice and a chance to be heard by respecting their choice of counsel and by making every effort to discern the legal arguments of Plaintiffs’ counsel amongst the rhetoric.

This Court exercised extreme patience when Taitz endangered this case being heard at all by failing to properly file and serve the complaint upon Defendants and held multiple hearings to ensure that the case would not be dismissed on the technicality of failure to effect service. While the original complaint in this matter was filed on January 20, 2009, Defendants were not properly served until August 25, 2009. Taitz successfully served Defendants only after the Court intervened on several occasions and requested that defense counsel make significant accommodations for her to effect service. Taitz also continually refused to comply with court rules and procedure. Taitz even asked this Court to recuse Magistrate Judge Arthur Nakazato on the basis that he required her to comply with the Local Rules. See Order Denying Pls.’ Mot. For Modification of Mag. J. Nakazato’s Aug. 6, 2009, Order; Denying Pls.’ Mot. to Recuse Mag. J. Nakazato; and Granting Ex Parte App. for Order Vacating Voluntary Dismissal (Sep. 8, 2009). Taitz also attempted to dismiss two of her clients against their wishes because she did not want to work with their new counsel. See id.

Taitz encouraged her supporters to contact this Court, both via letters and phone calls. It was improper and unethical for her as an attorney to encourage her supporters to attempt to influence this Court's decision. Despite these attempts to manipulate this Court, the Court has not considered any outside pleas to influence the Court's decision.

Additionally, the Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves. This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court.

While the Court seeks to ensure that all interested parties have had the opportunity to be heard, the Court cannot condone the conduct of Plaintiffs’ counsel in her efforts to influence this Court.

222 posted on 10/29/2009 12:28:57 PM PDT by mlo
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To: Brown Deer

LOL! (Sgt.) Carter gets the phone call he can’t refuse!


223 posted on 10/29/2009 12:29:03 PM PDT by exit82 (Sarah Palin is President No. 45. Get behind her, GOP, or get out of the way.)
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To: Elderberry

This is such a load of BS. We were told by the coursts we had to wait until he was elected, now we are told he is elected and it is too late.

“Where Justice Ends Tyranny Begins”

There is no justice in the land and the people lament.


224 posted on 10/29/2009 12:29:23 PM PDT by stockpirate ("if my thought-dreams could be seen. They'd probably put my head in a guillotine" Dylan)
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To: The Sons of Liberty
The judge has a lot of very good prose, but it is all an elaborate dance to avoid the real question - Is Barrack Hussein 0bama a natural born citizen and is he qualified under The Constitution of The United States of America to hold the office of President?

At this point, the only body with the Constitutional right to address that question is congress - not the court.

225 posted on 10/29/2009 12:29:37 PM PDT by lucysmom
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To: MHGinTN

“Voters trump Constitution” was my characterization of what Carter’s statement implied. I understand his position on standing (which I don’t really agree with) and on separation of powers (which I certainly don’t agree with, since Congress in this case is complicit). But his statement about the millions of voters who pulled the lever for Barry was neither here nor there.


226 posted on 10/29/2009 12:29:53 PM PDT by Genoa (Luke 12:2)
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To: MHGinTN

Completely wrong ... voters do not trump the Constitution. The people can change the Constitution, in a preascribed manner, but the majority opinion is not the rule of law in America. So if Carter has stated this erroneous notion, he is in fundamental error toward the oath he took.


He didn’t say they did and others are misreprenting his use of the voter statement. jmo.

You need to go read the p. 29 of the Order to see what the Judge said and the reasoning he used to reach that decision.

Click the following link, grab the scroll bar on the right side of the order and pull it down to the Disposition: page 29 and read what he said.

http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD


227 posted on 10/29/2009 12:30:08 PM PDT by deport
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To: Candor7

Well, looks like you have it all figured out then.

Though, by the way...

That kind of hyperbole is, at best, unhelpful.


228 posted on 10/29/2009 12:30:30 PM PDT by El Sordo
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To: mlo

It’s just too bad that everyone that knew Obama wasn’t eligible before he was elected didn’t follow the guidelines of the constitution.


229 posted on 10/29/2009 12:31:19 PM PDT by usmcobra (Your chances of dying in bed are reduced by getting out of it, but most people still die in bed)
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To: LibertyRocks
So, in your opinion absolutely no 3rd party candidates would have any standing at all at any time? Really?

No, I take it back-- between the nominating conventions and election day, any candidate on enough state ballots to potentailly win enough electoral votes to be elected would probably have standing.

230 posted on 10/29/2009 12:32:11 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian; LucyT

Here we go, ready???


231 posted on 10/29/2009 12:33:06 PM PDT by danamco
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To: chris37
Interesting.

But irrelevant to the comment.

The logical end to the non-stop encroachment of government into the lives of the citizenry by both major political parties is a very different thing from whether or not this judge was correct in this ruling.

Standing is a very well defined judicial concept. To make the claim that a correct application of the concept is fascism because it doesn't produce the results you want isn't a very convincing argument.

232 posted on 10/29/2009 12:38:59 PM PDT by El Sordo
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To: Elderberry

Civil war is coming...prepare your family...these actions only move us toward the inevitable result at warp speed.

It is unfortunate...if Obama had nothing to hide he could show is birth certificate and this would be over and he would gain huge cred...but since he doesn’t you know there is a smoking gun here and the masses will understand this soon enough and there will be no stopping the public outrage...


233 posted on 10/29/2009 12:39:13 PM PDT by surfer
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To: Non-Sequitur

Dude, you crack me up. A tiny green buoy of reason in this giant frothing soup o’crazy...


234 posted on 10/29/2009 12:39:26 PM PDT by Pale
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To: lucysmom
"He is not accusing her of perjury, he is says that others have accused Orly of asking them to perjure themselves."

Why does it matter if there was perjury involved? IOW, if Judge Carter wanted the truth then he would not have dismissed the case. He has no proof there was any perjury because obama has not released his long form BC.

Or, does this leave an open door for Dr Orly to pursue the BC issue to prove herself innocent?

On another note, I think Lucas should be Joe Plummered. How much and by whom was lucas paid for his complaint against Dr Orly?

Did Judge Carter pull an Alinsky on Dr Orly? accusing her for what zero has been doing.

235 posted on 10/29/2009 12:39:43 PM PDT by 1_Rain_Drop
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To: Lurking Libertarian

Do I take that your attorney mind is extremely gleeful that the usurper in the W.H. is skating again and have free hands of continue to dismantle the country WE love???


236 posted on 10/29/2009 12:41:49 PM PDT by danamco
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To: etraveler13

I think this increases the chances that Obama will NOT seek another term.

If Obama runs again, he is open to a court challenge of his elligibility. If he is found inelligible, all his acts are null and void.


237 posted on 10/29/2009 12:42:42 PM PDT by kidd (Obama: The triumph of hope over evidence)
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To: Grunthor
Try this, Pages 28-29 (citations removed):

The hearings have been interesting to say the least.

Plaintiffs’ arguments through Taitz have generally failed to aid the Court. Instead, Plaintiffs’ counsel has favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning.

While the Court has no desire to chill Plaintiffs’ enthusiastic presentation, Taitz’s argument often hampered the efforts of her cocounsel Gary Kreep (“Kreep”), counsel for Plaintiffs Drake and Robinson, to bring serious issues before the Court.

The Court has attempted to give Plaintiffs a voice and a chance to be heard by respecting their choice of counsel and by making every effort to discern the legal arguments of Plaintiffs’ counsel amongst the rhetoric. This Court exercised extreme patience when Taitz endangered this case being heard at all by failing to properly file and serve the complaint upon Defendants and held multiple hearings to ensure that the case would not be dismissed on the technicality of failure to effect service.

While the original complaint in this matter was filed on January 20, 2009, Defendants were not properly served until August 25, 2009. Taitz successfully served Defendants only after the Court intervened on several occasions and requested that defense counsel make significant accommodations for her to effect service.

Taitz also continually refused to comply with court rules and procedure. Taitz even asked this Court to recuse Magistrate Judge Arthur Nakazato on the basis that he required her to comply with the Local Rules. Taitz also attempted to dismiss two of her clients against their wishes because she did not want to work with their new counsel.

Taitz encouraged her supporters to contact this Court, both via letters and phone calls. It was improper and unethical for her as an attorney to encourage her supporters to attempt to influence this Court's decision. Despite these attempts to manipulate this Court, the Court has not considered any outside pleas to influence the Court's decision.

Additionally, the Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves. This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court.

While the Court seeks to ensure that all interested parties have had the opportunity to be heard, the Court cannot condone the conduct of Plaintiffs’ counsel in her efforts to influence this Court.

No sanctions, though. (Yet.)

238 posted on 10/29/2009 12:43:41 PM PDT by browardchad ("Everyone is entitled to his own opinion, but not to his own fact." - Daniel P Moynihan)
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To: kidd
"If he is found inelligible, all his acts are null and void."

And you base this on what legal principle? Here's a hint, look up De Facto Officer Doctrine.

Whatever appoints Obama has made, whatever laws or Executive or Military orders he has signed will have the full force of law (when applicable), even if at some later date he is found by the Congress to have committed perjury and fraud when obtaining his office. and subsequently removed from that office by Impeachment in the House and conviction in the Senate.

This is a well-settled principle of American jurisprudence.

239 posted on 10/29/2009 12:48:52 PM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: MHGinTN

believing they cannot be deceived, it is impossible to convince them when they are deceived.


240 posted on 10/29/2009 12:49:14 PM PDT by kukaniloko
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