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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: kukaniloko
The oral oaths are ceremonial. There is a written oath signed shortly before the inauguration.

Got a reference to that? First I've ever heard of any written oath, for the President and VP that is. My oath was done that way. Written and oral, belt and suspenders. I've posted that observation several times, and no one ever brought up any Presidential written oath. I thought there should be one, executed any time after the counting of the electoral votes and before noon on January 20th, so I'd be anxious to see evidence that there really is a written version, presumably on file somewhere.

501 posted on 10/29/2009 6:06:29 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: kukaniloko

You know what koo koo - you are a plant. You have only been here since October. We have NOTHING to learn from you. CO


502 posted on 10/29/2009 6:06:48 PM PDT by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: pissant

Feeding a t.... is wasting time!!!


503 posted on 10/29/2009 6:08:43 PM PDT by danamco
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To: mlo

It’s YOU that doesn’t have an arguement. YOU cannot explain why this blank slate will NOT reveal a single thing about himself. That speaks volumes alone. You are clearly an Obama supporter and I understand that but your reasoning makes NO sense. WHY would you not be interested in the truth if you care about your country? Because, you drank all the Kool-Aid and now you just parrot the left’s talking points. Good luck with your future. CO


504 posted on 10/29/2009 6:13:49 PM PDT by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: kukaniloko

There is a written oath signed shortly before the inauguration.


Can you link or cite where this comes from.


505 posted on 10/29/2009 6:14:55 PM PDT by deport
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To: Cicero

There are a few working on prying the Hawaiian door wide open at this time. Hawaii has some ‘splaning to do!!!


506 posted on 10/29/2009 6:15:48 PM PDT by danamco
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To: Canadian Outrage

Hi CO!! Thank you and good to hear from you! I’d like to trade a few squatters here in USA - do nothings - for a few Canadians! Come on down.


507 posted on 10/29/2009 6:16:49 PM PDT by presently no screen name
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To: El Gato
"You did not answer the question. Those cases all had to do with local rules and procedures being followed or not. Not injury to opposing candidates, even though they might be the ones challenging access."

First, many of these kinds of cases fall to specific eligibility requirements of the candidates themselves. For instance, an opponent may challenge that another candidate hasn't met the residency requirements specified in a state or local law. While signatures on petitions are the most common grounds for these challenges, they aren't the only grounds for challenges on ballot access.

Be that as it may, McCain's "injury" in last years election, or the injury in any other election contest would most likely be based in the equal protection clause of the 14th Amendment. In other words, the challenger would argue, "If an eligibility requirement applies to me, it must also equally apply to my opponent." That would easily meet the requirement of specific and unique injury that a plaintiff must meet for a case to be heard.

508 posted on 10/29/2009 6:20:20 PM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: presently no screen name

LOL right now, I think I’ll stay put. We have a Christian Conservative Prime Minister right now and Canada is doing the best it has ever done. I will NEVER forget the 13 years of true RED Liberalism under Chretien and ALL the damage they did. It is still evident in our young folks today. What a terrible thing has happened to your country. CO


509 posted on 10/29/2009 6:20:25 PM PDT by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: Neidermeyer
Who’s been denied this?

Lack of "standing" is lack of a chance to prove your case before a jury. The jury box is the next to last box.

510 posted on 10/29/2009 6:20:27 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CJacobs
After the swearing in, it is learned that the Chief Justice didn’t ask the age of the Speaker of the House, and just assumed that they were old enough per the Constitution.

Much more likely would a Speaker who was a Naturalized citizen, but naturalized as a child as part of their parents naturalization. (per 8 USC 1401 for example) That fact could easily get lost in the case of the Member of the House, who need not be a natural born citizen, especially if the child was quite young at the time of naturalization.

511 posted on 10/29/2009 6:25:40 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Neidermeyer
You could also make an argument for the armed Black Panthers standing guard outside polling places as being sufficiently intimidating to people unlikely to be Obama voters.

Wrong box, the ballot box is the second box, or 3rd from the last.

But of course denying it isn't too helpful either.

512 posted on 10/29/2009 6:28:35 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

I had ‘em switched too.

Thought you meant ballot box.


513 posted on 10/29/2009 6:32:42 PM PDT by El Sordo
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To: MHGinTN

An interesting take, haven’t thought about that, but one should not be surprise when you see what Glenn Beck has dished up???


514 posted on 10/29/2009 6:33:37 PM PDT by danamco
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To: thecraw

Yes - an Orly thread is feeding time for the Obots. Their leader - who promised transparency to his groupies; yet hides who he is. They are still in the state of adoration and just as twisted as he is.


515 posted on 10/29/2009 6:33:58 PM PDT by presently no screen name
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To: OldDeckHand
Be that as it may, McCain's "injury" in last years election, or the injury in any other election contest would most likely be based in the equal protection clause of the 14th Amendment. In other words, the challenger would argue, "If an eligibility requirement applies to me, it must also equally apply to my opponent." That would easily meet the requirement of specific and unique injury that a plaintiff must meet for a case to be heard.

Would that also not equally apply to Keyes or any other candidate on the ballot?

Problem is, there is no requirement, except in Hawaii, for candidates for the general election to certify that they meet the Constitutional requirement in order to appear on the ballot. So, in not doing that, Obama was not treated any differently than McCain or Keyes, who also were not required to certify eligibility, although IIRC, the Republicans did it anyway.

516 posted on 10/29/2009 6:35:33 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
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.
"Other high Crimes and Misdemeanors" is a very broad ground for accusation, including obstruction of justice for Nixon and perjury for Clinton. The other "high crime" which would presumably provide grounds for impeachment of Obama would be some variety of fraud, which would be the appropriate charge if Obama claimed to be eligible to be President, when he in fact was not. Ultimately, though, since the House has the sole ability to impeach, it also has the sole ability to define the grounds for impeachment. The House then, of course, must persuade the Senate to convict.
517 posted on 10/29/2009 6:40:01 PM PDT by MN Doc
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To: Elderberry
Leo Donofrio is impressed with Judge Carter's ruling. He said all along this case of Orly's would fail, and now it's quo warranto time. His blog is here: http://naturalborncitizen.wordpress.com/2009/10/29/judge-carter-the-writ-of-quo-warranto-must-be-brought-within-the-district-of-columbia-because-president-obama-holds-office-within-that-district/

(From Leo's blog) Here is Judge Carter’s correct ruling on the quo warranto issue:

C. Quo Warranto Claims…
The writ of quo warranto must be brought within the District of Columbia because President Obama holds office within that district. The quo warranto provision codified in the District of Columbia Code provides, “A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military.” D.C. Code §§ 16-3501 – 16-3503. Should a person other than the Attorney General of the United States or the United States Attorney wish to bring a quo warranto claim, that person must receive leave of court to do so. Id. at § 16-3502. This leave of court must be granted, according to the text of the statute, by the District Court for the District of Columbia.

Nothing in today’s ruling appears to question the power of the DC District Court to issue a writ of quo warranto to President Obama which would require him to prove his eligibility to hold the office of President. I must commend Judge Carter for his exercise of judicial restraint on this issue.

518 posted on 10/29/2009 6:46:42 PM PDT by thecraw (God allows evil...God allowed Hussein...Lord willing he'll give us Sarah to clean up the huge mess.)
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To: Canadian Outrage
What a terrible thing has happened to your country. CO

Well, we kinda knew it would happen but didn't know how. I had no idea how clueless some Americans are - and some here. However, I'm more concerned about our military than these useless idiots here.

We have a Christian Conservative Prime Minister right now and Canada is doing the best it has ever done.

That's good news!! That's why you are blessed and highly favored now - the voters did the right thing! When there is evil at the top, we are cursed - and we can see it all being played out. Voters fell for the deception and some here are still gleeful about it.

On this conservative site and in our political arena - one can see who is wheat and who is chaff. May God continue to bless you, CO, and Canada!
519 posted on 10/29/2009 6:48:17 PM PDT by presently no screen name
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To: danamco

Just so. The more different routes we pursue, the better. Those who think that this distracts from more important issues, are, IMHO, mistaken.

Of course we should be concerned about healthcare. But it helps us with healthcare when Obama’s numbers drop, and one of the many things that are making his numbers drop are doubts about his past which the press managed to cover up earlier.


520 posted on 10/29/2009 6:49:44 PM PDT by Cicero (Marcus Tullius)
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