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Judge Carter Grants Motion to Dismiss
http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD ^

Posted on 10/29/2009 9:09:12 PM PDT by humble and shy

Well, it appears Orly Taitz's latest challenge against Pres. Obama's birth certificate has been thrown out of court.

Judge David. O. Carter's decision was announced Thursday morning. Judge Carter wrote in his decision that the Plaintiffs had asked the court to "effectively overthrow a sitting president who was popularly elected by We the People, sixty-nine million of the people."

I am heartbroken. No one is willing to stand up against this man. Here was a judge who said virtually nothing would stop this case from moving forward, yet now...it is clear someone got to him. I am losing hope for this great country that my father fought and died for, that our sons and daughters are fighting and dying for. I have no words except to say,

Dear Heavenly Father, please help us, save us. We need Your divine intervention for there are those of us who love You and hold You dear to our hearts. This man and those that surround him are not true to You. Please, we ask you Dear Lord, to guide us and show us the way and remove this man from power before he destroys what is left of what You gave us and blessed us with. Please, Lord, please, bring us into the light. Your children need you now. Please hear my prayer and save our great nation. In Your name I pray, Amen.


TOPICS: News/Current Events
KEYWORDS: birthcertificate; birthers; certifigate; orlytaitz; whackamole
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To: humble and shy
Well the facts remain that:

I still wonder, if any Congressman, couldn't unilaterally subpoena the records and start a congressional investigation.

21 posted on 10/29/2009 10:18:40 PM PDT by DannyTN
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To: Humal
"Wish I knew what was behind his decision."

Might I suggest that if you want to know, read the decision. It was well written and very clear.

22 posted on 10/29/2009 10:26:01 PM PDT by JustaDumbBlonde (Southern by choice ... American by the grace of God)
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To: humble and shy
See Leo Donofrio's comments on Carter and Quo Warranto: Judge Carter: “The writ of quo warranto must be brought within the District of Columbia because President Obama holds office within that district.”

So, is a D.C. Quo Warranto possible? 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 a large Patriotic group together, get an 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. .

23 posted on 10/29/2009 10:31:40 PM PDT by Art in Idaho
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To: DannyTN

“I still wonder, if any Congressman, couldn’t unilaterally subpoena the records and start a congressional investigation.”

Don’t you remember those dumba$$ hearings Conyers used to hold in a room in the basement of the Capitol when the Dems were in the minority? The equivalent of one of those is all you could possibly get in a heavily Dem majority Congress.

Unless (and even if) one of the remaining eligibility cases achieves success, the GOP has to get its act together by this time next year and hopefully provide a serious checkmate to the Obama & Co agenda. They could then also introduce language specifically stating that all candidates running in primaries for the office of POTUS provide verifiable proof of eligibility before filing and that the various state electoral boards require same before putting the candidate’s name on the ballot.


24 posted on 10/29/2009 10:38:52 PM PDT by EDINVA
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To: DannyTN
Well the facts remain that:

Don't forget to add that Obama's opponents failed us by never challenging his eligibility during a two year long, multi-million dollar campaign for the party nomination and the presidency.

Maybe they forgot.

25 posted on 10/29/2009 10:45:21 PM PDT by Drew68
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To: JustaDumbBlonde
Might I suggest that if you want to know, read the decision. It was well written and very clear.

Yeah, but it's really long has lots of citations and other boring legal stuff. I'd rather think that AG Holder met with Judge Carter at Starbucks and threatened his family. That must've been it!

26 posted on 10/29/2009 10:47:50 PM PDT by Drew68
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To: Drew68

LOL!


27 posted on 10/29/2009 10:52:37 PM PDT by JustaDumbBlonde (Southern by choice ... American by the grace of God)
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To: EDINVA
Yeah, but if they could supoena the records, that goes a long way, at least revealing why Obama is hiding his records.

The other problem is getting states or anybody at this point to consider the real meaning of Natural Born. Even Judge Carter wasn't willing to accept "Natural Born" as meaning what we are sure it was supposed to mean.

The candidates are at fault, yes. But I'm not sure you can blame Hillary, if the DNC was allowing Obama to run.

And I'm not sure you can blame McCain. Frankly, he didn't have much time from the Democratic conference, to the election, and even if he was successful, he would turn around and lose to Hillary on a backlash.

It's really congress fault for never having set up a process to check.

28 posted on 10/29/2009 10:55:35 PM PDT by DannyTN
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To: Drew68

That bastard didn’t bow to the King of Saud for nothing.


29 posted on 10/29/2009 11:04:18 PM PDT by eyedigress
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To: All
"effectively overthrow a sitting president who was popularly elected by We the People, sixty-nine million of the people."

Doesn't this assume that that the substantive issue if resolved would be adverse to Obama? And accordingly the only thing that can preserve the 69M vote is to do a procedural dismissal? Seems to me the judge is saying the evidence is against Obama so we shouldn't look at it.

30 posted on 10/30/2009 12:52:03 AM PDT by AlienCrossfirePlayer (Press abandons objectivity; courts abandon substantive justice; not the change I was hoping for.)
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To: EDINVA

Not to get into an argument with you (as we are all entitled to our opinions), I feel like many that something is not right about this. Not ONE judge is willing to hear the case on it’s merits and there is something ‘fishy’ about that.

Judge Carter knew in advance from Orly’s first court action that the case was not filed in CA BEFRORE Obama was elected. He KNEW she didn’t submit the paperwork in DC until Jan 20, and yet he let the case move forward. If he knew this was enough to throw out the case, why did he let it move forward and use up more of tax payer dollars in CA? He should have dismissed this case in the beginning.

I am hurt over his decision, not angry. I am hurt because once again, no one is demanding Obama produce documentation that will prove he is eligible. They would rather a possible ineligible man serve as President that upset the applecart and do what is right. THAT is my issue. I expected more from an ex-Marine who swore to protect this country and it’s Constitution and while I think he believes he is upholding the Constitution (though only a small portion of it), I don’t, and until this country is turned into the marxist state Obama wants, I am entitled to that opinion. Judge Carter did not step up to the plate, in my opinion, and ask for proper documentation to be submitted that would put this matter to rest. If our own judicial system, which we know is tainted, cannot defend us against domestic enemies, how in the heck is it going to defend us in any other way?

And yes, I believe Obama is a domestic enemy and I believe he is hurting this country exponentially every day. I, an American citizen, have standing because I am being directly hurt, my family is being directly hurt, by this man’s overspending of money, putting more burdens up me and my family financially. He has lied (like most every policitian in office right now) and is putting our troops in danger in Afghanistan.

I am not a birther. I just want him to produce his documents - that’s all. Transparency, my butt. The only thing that is transparent is that all the millions he obtained illegally from his election is going to fight the truth about his past, whatever that is. So I ask, what is one stupid little American like me supposed to think? Coincidence? No. Carter clearly said it - he doesn’t want to turn this country upside down and leave it defenseless. Judge Carter - we’re already defenseless.


31 posted on 10/30/2009 4:03:48 AM PDT by humble and shy (Taking our country back, one corrupt politician at a time)
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To: humble and shy
My feeling is no matter if there is a valid case or not there will NEVER be a court case on this issue.

And I am saying this because I surmise BOTH political parties will put a stop to it.

After all, as far as the Political Elite is concerned they can't allow the common people ANY power over those same Political Elite and allowing a court case to challenge POTUS eligibility would open up a huge can of worms they definitely don't want opened!

32 posted on 10/30/2009 4:11:10 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
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To: John Valentine
Really, you read this “opinion” he says that someone who is ineligible has to be removed BEFORE being sworn in, because afterword the ineligible has somehow overcome his ineligibility and become eligible, and can only be removed by impeachment and conviction.

This has already been ruled on by the Supremes. Google "de facto officer doctrine". Or start here.

33 posted on 10/30/2009 4:19:37 AM PDT by altair (All I want for Christmas is NO legislation passed for the rest of the year)
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To: AlienCrossfirePlayer
Doesn't this assume that that the substantive issue if resolved would be adverse to Obama?

Most likely. It still doesn't leave him any less protected by the de facto officer doctrine.

34 posted on 10/30/2009 4:22:34 AM PDT by altair (All I want for Christmas is NO legislation passed for the rest of the year)
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To: humble and shy

Someone from the Dept. of Justice took Carter to a coffee shop for a cup of coffee. Do you wonder why Beck and the rest of Fox never bring it up? They were probably told not to or they would lose their FCC license.


35 posted on 10/30/2009 6:07:07 AM PDT by goldi (')
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To: JustaDumbBlonde
So, if I understand this, because the plaintiffs filed after Obama was sworn in (the first time), they over-stepped their bounds by wanting the court to remove a sitting president? That would require the court to over-step its bounds.

I wonder if the plaintiffs had filed before the oath was given, if the judge wouldn’t have said they didn’t have standing to do so because they hadn’t been harmed.

The perfect storm.

36 posted on 10/30/2009 6:13:22 AM PDT by Humal
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To: Art in Idaho

The problem with getting Kreep, Taitz, Donofrio, etc. together is that they don’t all seem to get along, and have bickering amongst each other for a while.
There’s been a lot recrminations going back and forth. It’s pretty hard to have a unified front, when the principals hate each other.


37 posted on 10/30/2009 7:19:03 AM PDT by vikk
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To: vikk
The problem with getting Kreep, Taitz, Donofrio, etc. together is that they don’t all seem to get along, and have bickering amongst each other for a while. There’s been a lot recrminations going back and forth. It’s pretty hard to have a unified front, when the principals hate each other.

Let's hope for the Counrty's sake, they'll put the differences aside and work together on this oh, so important, issue. Go Quo Warranto! Join together and Fight!

38 posted on 10/30/2009 7:48:20 AM PDT by Art in Idaho
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To: altair

Even if the actions of Obama might be considered retrospectively as de facto legitimate does not imply that he was retrospectively qualified to the office at any time, implying removal by impeachment. Quite the contrary, it only acts to prevent invalidation of official act in office.

I do not believe that you are interpreting the de facto officer doctrine correctly, but are in fact suggesting that it be extended and enlarged.


39 posted on 10/30/2009 7:55:46 AM PDT by John Valentine
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To: Art in Idaho
“So, is a D.C. Quo Warranto possible?”

Yes!

This is the gist of the order. Judge Carter stated that none of the plaintiffs had standing because they could not show they had suffered specific injury EXCEPT the third party candidates.

So, the third party candidates where injured, but the judge ruled that there was nothing his court could do. Since Obama had already been sworn in, the only way to remove him is either thru congress, or a writ of quo warranto. So, since his court did not have the jurisdiction to do what the paintiffs wanted (remove Obama from office), there was no standing to move forward. IE. why go forward since the court, even if you won, couldn't give you what you want?

Had the case been brought (just started) before Obama was sworn in - he would have had jurisdiction, but since Obama was already sworn in when the case was initiated, he didn't have jurisdiction.

On Oct 5th, the judge knew this would be the main issue, and brought up the issue of quo warranto, the DOJ argued that since Obama was already sworn in, a writ of quo warranto was not possible, and impeachment was the only way to remove a sitting president - judge Carter clearly disagreed with this! He clearly stated that a quo warranto writ from the DC District Court could remove a sitting president.

So - Orlys case was brought to late for judge Carters court to be able to do anything. BUT, he clearly stated that the DC District Court could!

IMHO, if Orly wants to get rid of Obama, she needs to forget about SSN’s, and fraud, and all of that, and go to the DC District Court, and say -

“President Obama has presented a birth certificate from the state of Hawaii showing that he is the son of a non citizen. And thereby thru both the precedent of US v. Wong Kim Ark in which the SCOTUS determined that the child of a non US citizen, born in the US is a citizen BUT NOT a ‘natural born’ citizen:

“The foregoing considerations and authorities irresistibly lead us to these conclusions…Every citizen or subject of another country, while domiciled here… if he hath issue here… his child… ‘If born in the country, is as much a citizen as the natural-born child of a citizen…’”

and, the intentions of the writers of the constitution as their contemporary Vattel defined.

Obama does not fulfill the ‘Natural Born Citizen’ requirement of Article 2, and therefore the court must order a writ of quo warranto to remove president Obama from the office of POTUS”.

40 posted on 10/30/2009 8:33:14 AM PDT by MMaschin
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