Insert photo caption or credit here
Today California judge David Carter scheduled a tentative trial date for the case that is before the court, a case challenging Barack Obama's qualifications to be president. The trial date has been set for January 26, 2010.
If the case does in fact go to trial it will be the first time that such a case has been argued in open court.
Today's hearing was highly anticipated and long awaited by birthers. The hearing had several motions that were heard, including a resolution to long standing questions about whether Orly Taitz properly served notice to the defendants .
In another ruling, Carter ruled that attorney Gary Kreep can be added to the case to represent Wiley Drake and Markham Robinson. Both of whom had been removed by an earlier court. Drake, was a Vice Presidential candidate for the American Independent Party and Robinson is the party's chairman.
However the judge did not rule on a motion by Taitz to be granted discovery, which is the right to see the records in contention. He also did not rule on a motion to dismiss the case entirely. That motion was submitted by the U.S. government, after a discussion over Orly Taitz' challenge to the work of a magistrate in this case.
Judge Carter did not comment that if there are legitimate constitutional questions about Obama's eligibility, that they would need to be addressed and resolved.
Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.
To meet the January trial date, the case still needs to survive the October 5th hearing. If it does in fact survive, it would go to a January 11th pretrial hearing and finally the trial two weeks after that.
The case would be the first time that the merits of such a case will have been heard in court. There have been a number of cases that have been dismissed by various state and federal courts, including the U.S. Supreme Court.
I will be posting a special commetary on the subject later on.
If you have a comment please post it or e-mail it to me directly, I love to hear from you all.
For more information please contact: Ruben Christopher, e-mail ruben.christopher@ymail.com
Comments
yawn...let me go back to Globe, they have better articles than this crap...
i just read the orders from today. Taitz lost on everything. The only birther victory was that the two plaintiffs Taitz fraudulently dismissed were let back into the case. (The order provides more than enough grounds for her to lose her law license.)
The questions won’t go away until obama releases his hidden records. All he has to do is make the following official public statement,
"I Barack Obama authorize the State of Hawaii to release and make public all of my records on file."
That's it. Issue over. But he won't because he's a fraud!! Obama knows that millions of citizens want to see it yet he continues to hide it. What and why is he hiding?
And maybe more disturbing is why don't BHO's supporters want to know the whole truth, especially since there's a reward that continues to be increased (currently $25 million) for proof that Obama is a "natural born" citizen of the United States? The answer is that Obama’s very own supporters also know he’s a fraud but choose to overlook it for political agenda reasons!
Link to current lawsuit. . .(very thorough).
http ://69.66.218.3/public/patriotsHeartVsObama/PatriotsHeartVsSoetoro.pdf
OBAMA, STOP HIDING. SHOW US YOUR LONG FORM BIRTH CERTIFICATE AND OTHER RECORDS!
The obots are biting their fingers 'til October 5th!! Nice!
Ya betcha they know he is illegal too, BUt for some strange reasons they keep on protecting him like he is GOD; oh wait...HE IS THE MESSIAH no wonder!!!
A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution. If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to one of the attorneys working on the issue. The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed. A multitude of such disputes have been rejected out of hand by various state and federal courts. Even the U.S. Supreme Court repeatedly has rejected urgent appeals to hear the evidence. The suit alleges Obama is actually a citizen of Indonesia and "possibly still citizen of Kenya, usurping the position of the president of the United States of America and the commander-in-chief."
You copied this word for word from WND! Come on Ruben can't you write anything of your own? Maybe you're too busy crying about the small court win. When you do write something original it's all about crack smoking, pill popping hate filled trash. You need to get off of here man.
Americans should not fear the truth. Discovery is the key here, where records can actually be reviewed and verified. These questions need to be answered, if not for today then from a Constitutional standpoint for our children. For over a year the Obots have said he is eligible and ridiculed those that questioned. Discovery should give evidence to those claims.
Tony - if Taitz lost on everything, why has Carter scheduled three further court dates? If on 5th of October he rejects the Motion To Dismiss and orders discovery, Obama HAS to release his records at this point. It is likely game over for him from there - they may not even need the January sessions since once his info is in the public domain, likely proving he is ineligible, public pressure will probably force him to step down, or he may even do so off his own accord! Who knows! I think Berg has a couple of cases due in October also? And Apuzzo/Kechner etc are still waiting to hear back from the court regarding theirs which is now a few weeks overdue. Pressue is mounting it seems. Perthaps you should read the government Motion To Dismiss by the way - they are not trying to dismiss it arguing he is eligible, they are trying to dismiss it saying it doesnt matter and no one has standing to question the issue..
'Taitz lost on everything'
Are you joking??? Judge Carter continually rejected Obama's lawyers requests and they left dejected and nervous.
Barring a dismissal (which isn't going to happen) Obama is going to have to prove his eligibility.
I hope Taitz does win discovery - but either way Zero is going to have to produce more than that silly COLB posted online.
My 'Kenyan birth probability meter' has gone from less than 10% to 25% (based on Zero's hiding of documents) to greater than 50%. Zero needs to release his $#!%. This has gotten ridiculous.
He needs to live up to his promise of transparency and release his college transcripts, his birth certificate, the whole deal.
His story is a lie, his rhetoric is a lie.
Show me the birth certificate.
If Taitz does win discovery and Obamacare doesn't pass soon, I fear his own people will martyr him.
I don't understand why you liberals just don't say OK, enough is enough, Obama release the BC........... You must realize that he is not a citizen?
bout time!
its really just a question of human nature - why work so hard at hiding something that, as they claim, has nothing wrong with it?
his supporters cannot answer this because there simply isn't a logical answer. if its so utterly insane why not simply say "here's my records, knock yourselves out." mccain did it at the very notion that some doubted him, as other candidates have done in the past. but what does obama do? he hires an army of lawyers and seals up every scrap of paper with a connection to his past, with the exception of that inspiring work of fiction he still peddles as his life story.
these are not the acts of an innocent man, but the deeds of someone trying desperately to conceal and contain something incriminating.
They have released the records!!! Go to Chicago and take a look!
The fact remains that there still is no "THERE" there!
But hey, y'all keep screaming for tort reform while supporting these nutcases and their frivolous lawsuits!
==="He also did not rule on a motion to dismiss the case entirely"===
That is the key, once again, right there.
Every case so far has been dismissed based on the lack of standing for the plaintiffs.
This one will be also.
It is extremely unlikely that the judge will reverse years of precedence to grant this case standing.
Even if he did, it is even more unlikely that such a ruling would withstand an appeal.
It is hugely amusing to watch the birthers gin themselves up over this, just like they did for the fake Kenyan BC. . .
Capital G says: “Barring a dismissal (which isn't going to happen) Obama is going to have to prove his eligibility.”
Wrong, the case will be dismissed. The plaintiffs have no standing.
bob says: “Tony - if Taitz lost on everything, why has Carter scheduled three further court dates?”
====== ========
Because that is court procedure. Even Berg made it that far in his suits.
OK, let’s just suppose, hypothetically speaking here, let’s just suppose that for some bizarre reason this goes forward to the next step.
Orly Taitz want’s the official record of the state of Hawaii For Obama. Fine. They give her her very own certified copy of the COLB to frame in her office. The state will not release any other document without a court order. In order to get that, Orly will have to prove to the court that the state certified COLB (the very same one that Obama has posted on-line) is NOT valid, otherwise the court is obliged to accept this document as proof that Obama was born in Hawaii.
How is she going to do that?
She can’t
Case closed. Orly loses (again)
It's funny how liberals always have the same canned answers and talking points. Snopes, Move-on and Fact-Check are not legal authorities; they are politically motivated Obama supporters. Be honest with yourself and ask yourself this one question and really come up with a legitimate answer. Why would any person spend so much money, time and legal effort to keep something hidden if there is nothing to hide? He could make all of these questions go away if he would just release all of his documents. The above-mentioned websites have never released any actual document, just a computer image. This isn't a Republican or Democrat issue it's our Constitution. Not yours or mine but ours. And it's what our country is based upon. If you don't agree with the Constitution or our way of life, then please, GET OUT. Obama said "The USA is the greatest country on the planet' and then he said "We're going to change it from the ground up" WHAT KIND OF SENSE DOES THAT MAKE??? WAKE UP AMERICA !!!
Sounds like anti-birther's cheese is about to slide off his/her cracker.
OBAMA SHOW US YOUR RIGHT FOOT! The US attorneys just need to come into that October court appearance with a print of the usurper's right foot. Compare it to the one on that KENYAN birth certificate. End of story. Right? Real f@cking simple.
randwulf, and if the prints don't match, what are you going to say? That he's a fake or the "Kenyan BC" is a fake?
So Anti-birther, I'll ask you yet again. Who, out of the entire population of the US today WOULD in your opinion, have "STANDING" in regard to questioning Obama's eligibility as POTUS? I want you to answer that specifically.
"randwulf, and if the prints don't match, what are you going to say? That he's a fake or the "Kenyan BC" is a fake?"
Yes, well, if they don't match, the BC will obviously be a fake. But if they do match, then the question suddenly becomes, "How the hell would anyone outside of some Hawaiian hospital have gotten a baby footprint that matches the adult BHO? Unless he was born outside of the Hawaiian hospital, like say, in some other hospital? Perhaps one in Africa?" I wonder why the entire internet "news" web hasn't already pounced on this Kenyan BC to prove it is invalid. 24 hours after the Australian forgery appeared, there were literally hundreds of sites posting images of it. On this one with the foot print and the accompanying affidavit, deafening silence. Crickets.
The Federal court system doesn't have authority to remove a sitting president. Read the next section of the Constitution after eligibility. The only way to remove a president is through impeachment proceedings. You would need two thirds of both houses of Congress to vote President Obama out, including half of all Democrats. If you could even prove he's ineligible, which you haven't been able to do in two years.
These so called "Birthers" are just so entirely pathetic. Listen, if Obama wasn't born in the USA, don't you think the Bulldog Hillary would have found it out? I mean she was gasping at anything and everything to try to derail him. She has connections. Do you really think Obama is so smart and so clever he can hide his true citizenship for everybody and anybody who has vetted him? Why don't you people use your energy for good instead of your bigoted hate based issues.
Good grief birther - there is absolute proof Obama was born in Hawaii, which by the way, in case you don't know, is in fact, part of the "United" States. 1-the Hawaiian birth certificate; 2-announcement in Hawaiian newspaper in 1961 detailing Obama, jr's birth. 'Cos, you know, Barack Obama is such a common name there just might be two Barack Obama's born at the same time. What do you think? Someone paid the paper to publish a fake birth announcement, knowing that in 47 years he would run for POTUS. Can't see the forest for the trees... it's really quite sad.
hey anyone can bring anything to court and if the judge is as bigoted as the birthers they aren't, then of course the judge is gonna listen - you know, just in case. It's so sad you people are spending so much time on something so ridiculous.
Oh but remember McCain? Now he was not born in US, but for some reason, nobody is questioning that. Yea, he was a military brat and on base, but just the same....he WASN'T born in the USA. Nobody ever brings that up.
Look at it from the perspective of an impartial observer. According to you, Obama is an ursurper,traitor,Muslim,homosexual,murderer,communist,socialist,Marxist, Ineligible to be president because he was born in Kenya, Canada, England... You can't even agree on what a natural born citizen is, or quote a 16th century Dutch writer to prove he's not eligible. You say he spent millions defending himself from lawsuits, then say he's using taxpayer money for it. He plans to enslave dissenters and white people into concentration camps and kill Grandma through his "death panels". Recently, some of you even started bringing his penis into the debate.
I don't understand how you can collectively look at all these comments and not see them as completely insane.
Obama will remove himself. He is now below 50% at the polls and falling fast. I expected as much the usurper.
Obama should simply produce the original vault birth certificate or the vault records, which he has refused to do. From the evidence provided, a picture of a Certification of Live Birth posted on Factcheck, it does not arise to evidence. Further, due to the massive immigration fraud and the ability of someone to get a birth certificate in Hawaii in 1961 on their word alone, there is the possibility that the vault records will not confirm that Obama was born in the hospital he states he was. If the vault records instead say he was born at home without further evidence it is a problem for Obama and raises the question about why he would lie.
I hope the Court allows discovery to open and for all of these records to be made public as they should have been long ago.
This is not a "birther" issue. This is a slap in the face to the American people both by the Democratic Party for their failure to vet Obama and Obama for refusing to produce legitimate evidence before the primaries.
To Antibirther: Orly and Kreep will have to file a motion for out of State discovery. If granted there will be a document production sent to the State of Hawaii for the vault records the State has been kind enough to announce they are holding. Under the full faith and credit doctrine the State of Hawaii will have to produce the vault records.
But there will also be discovery sent to the various schools, the Illinois State Bar, passport office and other sources. It should only take about 90 days to obtain the records and we can all have an answer to this question that should have been done by the Democratic Party and Obama before they placed his name on the primary ballot.
Jen, Take a moment to educate yourself on the McCain family tree. His father was an Admiral in the Navy and serving his Country overseas when John was born. On the other hand we have Obama's family who may have committed some kind of fraud to register his birth in Hawaii.
McCain produced his birth records. Obama has not and his first official act after being sworn in was to seal his records.
If Obama HAD a genuine LONG-FORM USA birth certificate, WE WOULD HAVE ALL SEEN IT BY NOW!!! Obama is NOT a "natural born citizen" of the USA and therefore INELIGIBLE to SERVE as President, much less us having to serve him.
==="On the other hand we have Obama's family who may have committed some kind of fraud to register his birth in Hawaii.
"===
you have absolutely no evidence whatsoever to make that claim.
Pete wrote: “To Antibirther: Orly and Kreep will have to file a motion for out of State discovery. If granted there will be a document production sent to the State of Hawaii for the vault records the State has been kind enough to announce they are holding. Under the full faith and credit doctrine the State of Hawaii will have to produce the vault records.”
=== === ===
Pete, the so called “Vault” in Hawaii is the electronic database. That is the official state record of birth, not the archaic paper forms (or the microfilm copies thereof) which are no longer maintained as official records.
If you ask for the official “vault” record, you will get a copy of the COLB.
LOL!!!!
I know that this is a difficult concept for some of you to grasp, but the official record is the electronic database. All other archaic forms of records are no longer official records and can not be certified as such.
If you want a certified copy, then you have to accept the COLB.
The COLB is sufficient for the court, no other records would be necessary.
===But there will also be discovery sent to the various schools, the Illinois State Bar, passport office and other sources. It should only take about 90 days to obtain the records and we can all have an answer to this question that should have been done by the Democratic Party and Obama before they placed his name on the primary ballot. ===
You seem to be confidant that the court will grant Orly's motion. I find it highly unlikely.
===From the evidence provided, a picture of a Certification of Live Birth posted on Factcheck, it does not arise to evidence===
So, if the lawyers produced the same COLB that is in those pictures and presented it to the court, what do you think the court would do?
It would accept that COLB as prima facie evidence that Obama was born in Hawaii.
What evidence does Orly have to dispute that?
None, Nada.
Case dismissed, Orly loses
antibirther says: "So, if the lawyers produced the same COLB that is in those pictures and presented it to the court, what do you think the court would do?
It would accept that COLB as prima facie evidence that Obama was born in Hawaii."
It would be accepted as "evidence" YES, but NOT PROOF! It is up to a judge, jury and court to decide if the "evidence" presented in a case is valid OR NOT.
Just check ANY dictionary: like the business dictionary online:
prima facie evidence
Hide links within the definitionShow links within the definition
Definition
Evidence that (1) establishes a fact but is not a conclusive evidence of its existence, or (2) supports a judgment until contradictory evidence is produced in its rebuttal. Also called presumptive evidence. See also prima facie case.
Prima Facie: Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted.
“unless rebutted”
What has Orly got to rebut it, a fake Kenyan BC?
===It would be accepted as "evidence" YES, but NOT PROOF! It is up to a judge, jury and court to decide if the "evidence" presented in a case is valid OR NOT. ===
Nope, unless Orly can rebut it, it will stand as proof.
Orly ain't got nothing, you lose.
antibirther, it is beyond obvious at this point that King Obama is naked...he is not wearing any clothes. Even a child knows if Obama was legit, he would present the long form genuine birth certificate AND open all his sealed records about his schooling etc.
Obama hiding behind his false legal arguments and gettiing his followers to do the same has stopped working. We all know what the truth is and that will prevail.
The COLB is ONLY evidence and very weak evidence at that. The COLB is NEVER defined as proof.
antibirther, you say, "Orly ain't got nothing"...
LOL this is much bigger than just Orly...Obama has done this TO HIMSELF. Obama is the only one to blame for not clearing up the situation. No one else is responsible, ONLY Obama.
Obama is going down! Republicans need to push this NOW! Call your representatives to inform them that the courts are no longer protecting BO! The usurper shall be overthrown!
Whether or not he was born in Hawaii is not the issue for me. What is the issue is why he will not show his birth cerificate?
Can all you anti-birthers tell me why? I have several ideas but I would like to hear your resons first.
So the Certificate of Live Birth, authenticated by Hawaiian government officials, is NOT believable....
But two obvious forgeries presented by Orly Taitz ARE???
Moonbats.... nothing but moonbats.
We need one of our OWN KIND in the White house! Vote Republican in 2010 and impeach if fraudster BO birth details are not revealed by then.
Libertarian, it ONLY matters what the courts decide is VALID, not "believable". Anything can be presented to look "believable", my friend.
ONLY the Court (and NOT snopes or factcheck) has the POWER and AUTHORITY to accurately investigate and decide this issue for America.
Pete, McCain's birht records only muddy the issue: He was born outside the USA and has what is called 'derivative citizenship.'
And the Supreme Court has NEVER issued a ruling on what constitutes "natural born citizen" under the Constitution - so whether or not derivative citizenship does is still in question.
Why do you think the Senate bothered to pass a 'Sense of the Senate" resolution - including backing by Obama and Clinton - saying they felt McCain met the requirement? (A resolution is NOT a law, BTW.)
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