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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: SaraJohnson

I never said the left would eliminate him, I said IMO he would be eliminated. It would be by those who orchestrated the changes. If they don’t and he is removed, all the changes will be backed out. If he is killed, those programs stay and Biden takes over per succession of an assassinated President. That is my point. It has nothing to do with what the left or right think, it is an agenda above us all.


421 posted on 10/29/2009 3:09:41 PM PDT by etraveler13
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To: plenipotentiary
"Grounds for appeal."

You're going to base an appeal on dicta?

The chances of prevailing on an appeal that is based solely on dicta within a judicial opinion, are exactly 0.0%.

422 posted on 10/29/2009 3:09:43 PM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: El Sordo
This kind of hyperbole is, at best, unhelpful.

So is denying folks access to the next to last box. That's not helpful at all.

423 posted on 10/29/2009 3:10:30 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: woofie
Can Orly finish working on my teeth before she appeals?

Don't worry. She'll have plenty more time to devote to her dental practice after she's been disbarred.

424 posted on 10/29/2009 3:10:51 PM PDT by Drew68
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To: plenipotentiary
At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.

The defendants had not been properly served until July. Long after Obama was sworn in.

425 posted on 10/29/2009 3:10:52 PM PDT by Non-Sequitur
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To: BP2

I think D’Onfrio might be able to get there, but they will not hear the case.


426 posted on 10/29/2009 3:11:50 PM PDT by vikk
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To: plenipotentiary

Well then Orly has nothing to worry about and she’ll win on appeal, wont’ she? What is the date of appointment are you using? He was elected by the Electoral College in Dec. 08 and the votes certified by the Congress in Jan. and sworn in Jan. 20 with another swearing on Jan. 21.

The ‘elected by the people’ was only one of other things written in the section by the Judge.


427 posted on 10/29/2009 3:12:08 PM PDT by deport
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To: etraveler13
If they don’t and he is removed, all the changes will be backed out.

No, that is not true. Read up on the de factor officer doctrine.
428 posted on 10/29/2009 3:16:53 PM PDT by BigGuy22
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To: browardchad

When I see an obscenity like you or the other obamanoids, I name it. Next question?


429 posted on 10/29/2009 3:17:23 PM PDT by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: The Sons of Liberty
The oaths are different, but unless you are an Officer who swore in enlisted personnel on enlistment, or re-enlistment, you might not have ever noticed the differences.

Oh, please, officer are *taught* the differences. At least I was. I also gave briefings, to mixed enlisted and officer groups, about the need to disobey unlawful orders, that is that the enlisted oath to "obey orders" only means "lawful orders".

430 posted on 10/29/2009 3:18:23 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Genoa
Why not judicial review of a presidential election if the candidate might not have been constitutionally qualified?

The Court pointed out in its opinion that the outcome may have been different had plaintiffs not waited around until after Obama was sworn in to bring their claim. Yet another screw up from plaintiffs' counsel.

431 posted on 10/29/2009 3:21:11 PM PDT by Publius Valerius
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To: lucysmom

No. Judge Carter induced Orly to do a revised service. It was never found that the original service was faulty. The Defence and Judge want it so, cos then they could treat Obama as a sitting President, and not as nomineee.


432 posted on 10/29/2009 3:26:09 PM PDT by plenipotentiary (Obama was a BRITISH SUBJECT at birth, passed to him via Pops, can't be NBC)
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To: Non-Sequitur

No. Judge Carter induced Orly to do a revised service. It was never found that the original service was faulty. The Defence and Judge want it so, cos then they could treat Obama as a sitting President, and not as nomineee.


433 posted on 10/29/2009 3:26:59 PM PDT by plenipotentiary (Obama was a BRITISH SUBJECT at birth, passed to him via Pops, can't be NBC)
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To: deport

21st Jan he completed a correct Oath of Office.


434 posted on 10/29/2009 3:28:03 PM PDT by plenipotentiary (Obama was a BRITISH SUBJECT at birth, passed to him via Pops, can't be NBC)
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To: vikk

OK.

That one’s funny.


435 posted on 10/29/2009 3:28:22 PM PDT by El Sordo
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To: jayg
Judges must follow the law and they can not decide to ignore the Constitution which gives the power to remove a sitting president SOLELY to the congress.

Actually it says that the House has the "sole Power of Impeachment", and that the Senate has the "sole Power to try all Impeachments". But it also says: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

It no where says that ineligible persons can *be* President. If someone is not eligible, they can't be President, in spite of any oath taking or electing to the contrary. If they aren't President, then Impeachment cannot be the proper remedy.

Secondly, which of the causes for impeachment listed above does "not eligible?" come under? It's a not a crime to not be eligible, not even a misdomeanor. It's not Treason to not be eligible, and there have been no formal accusations of Bribery.

436 posted on 10/29/2009 3:30:30 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: lucysmom
At this point, the only body with the Constitutional right to address that question is congress - not the court.

Congress has no rights, only powers. They have the power to impeach and try a President, but not an ineligible usurper. They could hold hearings on the matter, issue subpoenas and so forth. But they won't.

437 posted on 10/29/2009 3:33:24 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: MHGinTN

438 posted on 10/29/2009 3:35:50 PM PDT by vikk
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To: usmcobra
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.

Guidlines? It's bright line law, by it's own terms, the Supreme Law.

439 posted on 10/29/2009 3:36:28 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Drew68
Don't worry. She'll have plenty more time to devote to her dental practice after she's been disbarred.

No, I'll tell you what she needs to do.

She needs to make a TV show modeled on "Judge Judy," called "Judge Orly."

She judges civil disputes, and then gives a anesthesia-free root-canal to whoever loses.

Can you imagine the ratings she'd get for that?

I'd watch it!

440 posted on 10/29/2009 3:39:53 PM PDT by curiosity
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