Oh great, here we go, "Fed. Judge Carter sets Trial Date for Obama's Eligibility"

[yeswecanandwedid]

Hot off the repug email lists, websites, etc.

--

Subject: HUGE NEWS! Fed. Judge Carter sets Trial Date for Obama's Eligibility!!!
To: [e-mail]
Date: Tuesday, September 8, 2009, 5:35 PM

The expedited trial has been set for Jan. 26, 2010, just 4 1/2 months from now!



I and many other concerned veterans and citizens attended the hearing today in Federal Court in Santa Ana in the lawsuit against Barack Obama to determine his eligibility to be President and Commander in Chief. About 150 people showed up, almost all in support of the lawsuit to demand that Obama release his birth certificate and other records that he has hidden from the American people.



Judge David Carter refused to hear Obama's request for dismissal today, instead setting a hearing date for Oct. 5, since Obama's attorneys had just filed the motion on Friday. He indicated there was almost no chance that this case would be dismissed. Obama is arguing this lawsuit was filed in the wrong court if you can believe that. I guess Obama would prefer a "kangaroo court" instead of a Federal court! Assuming Judge Carter denies Obama's motion for dismissal, he will likely then order expedited discovery which will force Obama to release his birth certificate in a timely manner (if he has one).



The judge, who is a former U.S. Marine, repeated several times that this is a very serious case which must be resolved quickly so that the troops know that their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war. He basically said Obama must prove his eligibility to the court! He said Americans deserve to know the truth about their President!



The two U.S. Attorneys representing Barack Obama tried everything they could to sway the judge that this case was frivolous, but Carter would have none of it and cut them off several times. Obama's attorneys left the courtroom after about the 90 minute hearing looking defeated and nervous.



Great day in America for the U.S. Constitution!!! The truth about Barack Obama's eligibility will be known fairly soon - Judge Carter practically guaranteed it!



Video from the press conference after the hearing coming soon. Congratulations to plaintiffs attorney Dr. Orly Taitz! She did a great job and won some huge victories today. She was fearless!



Jeff Schwilk, Founder
www.SanDiegoMinutemen.com





http://www.wnd.com/index.php?fa=PAGE.view&pageId=109242

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.

In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had.

[Hepburn]

1. So let's say this goes to trial...

...and the judge (assuming a bench trial) rules Obama is not a U.S. citizen ~~ so what?

:shrug:

[RoccoR5955]

8. Biden would become President, and Pelosi VP

If they thought it was bad now, if they get what they want, it'll be WORSE for them!

[Hepburn]

12. No....

...how the hell would a California District Court enforce that ruling against a sitting POTUS???

Send the federal marshall to remove him, Michelle and the kids from the WH???

LOL...!

[msallied]

15. I don't think it would be that simple.

In fact, I think civil war would be on the horizon.

[RoccoR5955]

56. Civil War is an oxymoron! n/t

[HamdenRice]

20. Point of info: when the president resigns/is removed, the Speaker does NOT become VP

You are confusing the order of succession with what happens on removal/resignation of a president.

The Speaker becomes president if both the president and vice president die, resign, are removed.

But when the president resigns/is removed, the VP becomes president, and the new president appoints a new VP with the consent of the Senate through a vote.

Hence, Nixon appointed Ford and Ford appointed Rockefeller, and the Speaker was never involved.

[RoccoR5955]

57. You are correct, I stand corrected.

I forgot about that.

[jberryhill]

22. No Court Has Power To Remove A Sitting President - end of story

The Constitution provides two mechanisms for removing a president, and neither one involves a court.

[Hepburn]

26. Bingo!

Even if the birthers win, they lose!

LMBO....:rofl:

What a bunch of fucking losers!!!!!

[Splinter Cell]

58. I don't think so...

I think Biden would get to appoint a VP, like Nixon did with Ford. The Speaker only becomes President when both the Pres and VP are not able to serve.

Of course none of this will happen because it's all a bunch of steaming BULLSHIT.

[msanthrope]

24. It's never going to trial. But the Freepers will never, ever realize that.

They think they got a trial date--but they didn't.

What they got, per the FRCP, was a discussion of when the Judge's first available dates were for a possible trial. This they get, but as anyone who has ever been in a federal court will tell you, this is completely meaningless.

Orly was ordered yesterday to be co-counsel with Gary Kreep, whom she hates. She was also told that she didn't get to change the Magistrate at will. She also did not get ANY discovery.****

What Judge Carter is doing is going through the motions--he is treating Orly as if she were a sane, respected member of the Bar. He is getting co-counsel involved, in order to protect her clients*** and he is letting her hang herself with the rope he is doling out to her.

In the meantime, Freepers, who could not find their asses with both hands and a map, will continue to donate to her....



***Orly is inept enough that I suspect that the Judge is forcing a co-counsel in order to protect her clients and the issues that they want litigated. While I do not agree with their issues, they DO deserve a fair read, not mucked up by the incompetence of their attorney.

****Let me edit for clarity--she did not get her extra-special discovery that she asked for--like letters rogatory. She will be entitled to name,rank, and serial number, and a copy of the BC from factcheck.

[Cha]

28. Well, thanks for your

explaination.

We wouldn't want it to be a "kangaroo court".

[msanthrope]

33. It's not a kangaroo court by any means.....

If it was, Carter would have tossed the case on the mere fact that Orly Taitz could not figure out how to serve the Defendants.....which he could have done.

But then Orly would have refiled, and refiled.

What Carter is doing, IMHO, is letting her hang herself. She's going to be treated fairly--but her batshit insane argument isn't going anywhere.

And Carter is providing the State Bar with a valuable record of just how shitty an attorney Orly really is. He's letting her shine....

[Cha]

35. You're making me feel

better about why it's still going on.:)

[jberryhill]

47. Carter is handing out rope to this woman

His most recent order very clearly sets out that she violated the state ethics rules. But since this is a federal court, it's not his job to have her disbarred.

Rest assured, the state bar is perfectly aware of what is in that order.

[msanthrope]

62. Yeah, I smiled when I read that. I think Carter is well aware of

the California Bar investigation.

[Orangepeel]

27. assuming we weren't all killed by the flying pigs...

Obama would resign or be impeached in the House and convicted in the Senate. Biden would become president and choose a new VP that would be confirmed by the Senate.

[TheCowsCameHome]

2. Great news for Minutemen. Four more months of swilling beer and eating Doritos.

There's a silver lining in this after all.

[Sebastian Doyle]

9. Yeah, the Minutemorans..... what a bunch of great patriots they are.......

....NOT!

[Cyrano]

32. Shocking photo. I'm used to seeing these barbarians wearing

sheets and pointy hoods.

But more importantly,the fact that these knuckle draggers are waving American flags is infuriating.

Over the past few centuries, countless Americans of every color and creed have sacrificed their lives, not for the flag, but for what it stands for.

And it sure as hell doesn't stand for the ignorance, or the disease of know-nothingness and endless hatred with which these Nazi-wannabees are infected.

[unhappycamper]

3. Just the set the record straight,

the United States is at occupation, not war.

[TransitJohn]

10. Amen.

I get sick of people neglecting these "little Constitutional nuisances" like Congress abrogating its responsibilities.

[msallied]

4. This fills me with so much rage I can hardly stand it.

WHAT THE FUCK IS THE MATTER WITH THESE PEOPLE???????

[Hepburn]

6. Watching too much Faux Snooze?

:shrug:

Brain dead?

:shrug:

Sheeple?

:shrug:

[msallied]

14. I think it's more pathological than the news.

Though I think the news is definitely the catalyst for many of these cretins.

[Hansel]

45. I agree. There has to be something wrong with one in the 1st place

to get sucked into this crap.

Faux News and company know that there are a lot of not so bright crackpots out there to exploit and make money off of. Instead of going through all of the work of providing quality programming, it's just easier to gin up fear and hate over absolutely irrational and petty things. Guaranteed to double your ratings.

Their audience is basically not very bright and lack any analytical skills at all, so they know there is no risk of them being caught on their con game.

The Republican party itself started recruiting alcoholics, drug addicts and the poor along with other emotionally vulnerable people back in the 1970's through evangelical churches. My neighbor tried to recruit me when I was in a bad relationship and was emotionally vulnerable. I went along with them to "The Jesus Church" one night just to find out what their game was. The vast majority of the night was spent passing out and reading Republican campaign literature and telling us that Liberals are satan's helpers, and that Jesus was their only salvation to escape the destruction of America. There was also a vast amount of gay bashing. It was clearly indoctrination and brain washing of these vulnerable people. This is the reason that all of the bat shit crazy "Christians" are Republicans and why they hate Liberals.

Faux saw the money in going after this ready made audience.

[kid a]

5. "defeated and nervous"...yeah

"The two U.S. Attorneys representing Barack Obama tried everything they could to sway the judge that this case was frivolous, but Carter would have none of it and cut them off several times. Obama's attorneys left the courtroom after about the 90 minute hearing looking defeated and nervous."

bogus

[Cha]

29. Jeff Schwilk is a fooking liar and a brainwashed idiot

so nothing he ever says would even be expected to be true or fact based.

[jberryhill]

7. Misleading

Setting dates is normal.

There is a pending motion to dismiss, which will be heard October 5.

[Hepburn]

11. Yep....

....but I still have no problem if this judge allows it to go to trial.

[jberryhill]

18. The Real Issue Is This....

The game of "let's sue the president" is not really about whatever the claim in the actual lawsuit is about.

The real game is to get into discovery, and then head up a fishing expedition.

Now, Taitz is a birther, and under the Constitution, courts do not the power to disqualify a president. The only mechanisms provided for removal of a president under the Constitution are impeachment and removal by the VP and cabinet in case of incapacity. The issue is what is called "non-justiciable" - i.e. it is beyond the power of courts under the Constitution to decide. Selection of electors for president is delegated to the states and election of the President is done in January when the Electoral College convenes.

That said, if anyone comes up with a suit against the president that survives preliminary motions, the counsel that brought the suit will rapidly be persuaded to let in other attorneys to conduct discovery.

This was the entire point of the Paula Jones suit against Clinton, which was eventually dismissed for lack of merit. In the meantime, though, they got to depose Clinton and play word games which was worked into a perjury charge that formed the basis for impeachment.

[treestar]

59. This issue doesn't give them much space though, does it?

It's all about where Obama was born. Obama can't testify on that.

I suppose they could ask him about what his mother told him. But then why would Obama undo the conspiracy and admit his mother told him he was really born in Kenya?

[jberryhill]

63. Well, no it doesn't...

...and you are correct that Mr. Obama is not competent to testify as to the location of his birth.

Which, of course, loops back to why not a single sane lawyer will touch this with a ten foot pole, but would gladly jump onto something that tangentially leads to a fishing expedition.

[onenote]

54. and even if the motion to dismiss isn't granted

there will a ruling on dispositive motions (such as a motion for summary judgment) before it goes to trial. So, in reality, before this case could ever get to a trial, the plaintiffs have to clear several hurdles. And there is nothing that this judge has written that suggests that he's in any way symptathetic to their case.

[LynnTheDem]

13. LOVE how hyped up they are!!!

Their wee pointy heads are REALLY gonna explode when the judge tosses their silly case.

President Obama is an AMERICAN CITIZEN.

Some day, the racist white trash will just havae to deal with that fact.

[msanthrope]

16. It's sad that Orly does not understand she's being toyed with.

Orly got her ass handed to her yesterday--she's now forced to work with Gary Kreep (co-counsel she hates), she got no discovery, she's stuck with a Magistrate she hates, and, she's facing a dismissal motion that she's ill-prepared for. Carter tied Orly to Kreep because he's tired of her inept filings, and there's real concern that her clients are not getting the legal expertise that anybody retaining a lawyer is entitled to--I mean Christ, this woman couldn't figure out how to serve the other side.

The 'trial date' is not set--it was what Judge Carter said his first available dates were. As anyone who has ever been in a federal court knows, that's pretty much meaningless.

Judge Carter is taking one for the team. If the birther eggs are all going in this handbasket, it's on its way to Hell.

[jberryhill]

19. Reading between the lines of Carter's order is pretty funny...

You are right, she has utterly no clue that he's providing a completely deadpan straight man in this performance.

[msanthrope]

34. Yah know, every single dime she fleeces off the freepers she ought

to have to pay to a legal defense fund to help the indigent.

It's sad, because these guys are really being fleeced. There's a reason why no reputable lawyer will touch any Birther case....Orly has found a hard-core contingent of people who know next to nothing about court procedure, next to nothing about the law, and she's figured out how to extract funds while feeding them utter bullshit.

Now, I don't expect any freeper to believe me...but they don't even believe the Freeper lawyers who patiently post on every single Freeper thread that this is bullshit.

It's like watching a train hit a truck full of chickens--you want to look away, but you can't stop watching it....

[beac]

41. I hope the freeple send that loon BUCKETS of cash.

We get to watch them weep when their money produces NOTHING and less of their wingnut funds will be available for the 2010 elections. Win-win.

[msanthrope]

43. Oh, every dime diverted from RimJob to Orly is a dime well, well

spent.

She's laughing all the way to the bank....

[yeswecanandwedid]

23. got a link?

Do you have a link that will confirm your comments that I can reply back to this email chain with?

[msanthrope]

30. Welcome to DU!

The minutes order that describes what the Court intended the 9/8 hearing to be about.
http://www.scribd.com/doc/18982606/KEYES-v-OBAMA-MINUTES-OF-IN-CHAMBERS-ORDER-by-Judge-David-O-Carter-ORDER-SETTING-SEPTEMBER-8-2009-HEARING-ONMOTIONS-03118632973



Pursuant to that order, the three issues, in turn---

Order denying removal/recusal of Magistrate, and resolving the involuntary dismissal/ex parte matter, joining Kreep as co, and the final service of Process.
http://www.scribd.com/doc/19555119/KEYES-v-OBAMA-58-ORDER-by-Judge-David-O-Carter-DENYING-PLAINTIFFS-MOTION-FOR-MODIFICATION-OF-MAGISTRATE-JUDGE-NAKAZATOS-AUGUST-6-2009-ORDER-AND-

You will note that the reason Orly is so pissed at Nakazato is because he denied her batshit-insane discovery requests--and Carter slaps her for that.

This order also notes a scheduling conference and a motions hearing on the 5th. It also lists the dates to be discussed at the Oct 5 conference. This is formulaic and required per the FRCP, but any attorney who has actually done a federal case will tell you that this is meaningless....you never get those dates. It is NOT a 'trial order'..frak, they haven't even gotten to a scheduling conference yet.

Order setting scheduling conference---
http://www.scribd.com/doc/19547544/KeyesBarnett-ORDER-Re-Scheduling-Conference-57-20090908

[yeswecanandwedid]

39. thx mate! nt

[Thrill]

17. YAWN

[gauguin57]

21. I need a drink.

Who's paying for all these nuisance court actions? Is Orly being ordered to pay all the court costs for her little forays into Fantasyland?

Cuz if it's coming out of MY taxes ....

[countingbluecars]

25. These idiots have to pretend

that this is some kind of victory. They must be feeling pretty down after Obama's wonderful address to students.

[scheming daemons]

31. Sigh.... welcome to DU... thank you for your concern...blah blah blah

We know what you are.

[leftynyc]

36. So we get a few more weeks

of watching the right wing get their hopes up again just to see them crushed under a judicial shoe - is it wrong that I find this delicious to watch?

[msanthrope]

38. I have to admit that I like this better than Top Chef and Project

Runway combined.

Honestly, there are days I read the Freeper threads on the BC issue, and I laugh until tears come to my eyes.

I'm truly not surprised that the people who thought Sarah Palin was presidential material think Taitz is a good lawyer.

[leftynyc]

40. Has it occured to any of them to ask

why a better lawyer has not come forward to help out with these cases? Why the federalist society lawyers, even Ann Coulter and the other blond with a radio show (name escapes me but is a lawyer and I think clerked for a supreme court justice) have stayed clear of this madness? Why do they think it's been left up to this buffoon to handle?

[msanthrope]

42. Oh, they have varying answers for that.

Everything from Obama is so omnipotent that he's been able to control lawyers who would help them to George Soros has threatened to kill anyone who helps them.

But no, it never seems to penetrate their thick skulls that the reason actual lawyers don't touch the case is something called Rule 11.

[leftynyc]

49. What's rule 11?

There are so many Obama hating lawyers out there and yet none of them want to take on a case that, if won, would put them in the history books forever - this fact doesn't give the freepers and the other yahoos out there pause. The lawyers wont touch it, even fox news wont touch it. I'm loving how they get their hopes up time after time and get them crushed. Not a pretty part of my personality but there it is.

[msanthrope]

61. rule 11(b) requires an attorney

to refrain from filing frivolous bullshit. An attorney can be sanctioned and fined by the court for starting or continuing litigation that has no reasonable basis in fact. Both the opposition, and the court itself can move for Rule 11 sanctions.

The rule is more complex than that, but that's the jist.

Ironically, Taitz is trying to get Rule 11 sanctions against Phil Berg, another birther....

[leftynyc]

66. Wow - that reallly does define irony

Thanks for the explanation. But couldn't any defense attorney argue that any lawsuit is frivolous?

[jberryhill]

48. Same Reason Why Nobody Ever Comes Clean About UFO's etc.

There are apparently millions of people walking around who are perfectly aware of many vast conspiracies, and they all maintain silence out of a variety of things like being bought off, protecting their careers, avoiding retaliation, etc.

I swear, the business of "keeping people quiet" must be one of the top ten industries in this country.

[leftynyc]

50. We're talking about a history making case

Any decent lawyer who thought they had ANY chance of winning would be jumping through hoops to get this case. Publicity up the wazoo. But nobody touches it.

[jberryhill]

55. Yep... all silenced by "Obama thugs"

Funny, those "Obama thugs" can't seem to get health reform through Congress, but can silence the entire legal profession.

[Sebastian Doyle]

37. When you read that Judge Carter is "a Marine from Orange County" you might think

..great, here comes another Bush Crime Family appointed right wing lunatic. But that doesn't appear to be the case. Actually, he was a Clinton appointee, and his record wouldn't be at all described as "right wing", in my opinion.

http://en.wikipedia.org/wiki/David_O._Carter

So unless he's a PUMA still holding a grudge over Hillary not getting the nomination, I don't see this guy turning out to be a friend of Oily Twatz and her ilk.

[Catshrink]

44. Obama-birthplace lawsuit in O.C. plagued by infighting (Taitz update)

Obama-birthplace lawsuit in O.C. plagued by infighting

In the federal lawsuit claiming that Barack Obama cannot legitimately be president, today’s hearing in Santa Ana focused not on documents that allegedly prove he was Kenyan-born but on the conflicts of plaintiff’s attorney Orly Taitz.

Judge David O. Carter dismissed Taitz’s motion to have two of her clients removed from the case and also tossed her motion to have Magistrate Judge Arthur Nakazato removed from the case. Carter said there was no basis in Taitz’s complaint that Nakazato was biased against her in an earlier administrative ruling.

Additional, Carter told Taitz that she had no choice but to work with Gary Kreep, the attorney now representing the two clients Taitz wanted removed from the case. Taitz had said she would not work with Kreep because of past conflicts between the two, and because they viewed the case differently.

<sip>

Carter then called a 15-minute recess, and directed Kreep and Taitz to step into the hall and figure out a way to work together. Kreep went into the recess agreeing to work with Taitz and returned with the same position. But, “Ms. Taitz said there is no way she will work with me,” Kreep told Carter when proceedings resumed.

http://totalbuzz.freedomblogging.com/2009/09/08/obama-b... /

(This is the Orange County Register)

[LiberalAndProud]

65. “I’m very visual,” he said. “I need to see you two as one.”

http://belowthebeltway.com/2009/09/09/orly-taitz-and-the-worldnetdaily-birthers-either-delusional-stupid-or-lying/
When court resumed, Taitz lit into Kreep with a litany of ways that she said he had botched the suit against Obama. Carter wasn’t pleased. “I think what I’m going to do is force you two together ,” Carter said. “I don’t know if I can legally do this, you can take it to the 9th Circuit if you like and delay it longer.” He then made the two bickering lawyers move their chairs next to one another. “I’m very visual,” he said. “I need to see you two as one.”

This is funny stuff.
:rofl:

[TheKentuckian]

46. Damn it!!!! I want this distraction to last forever. (nt)

[BlueIdaho]

51. Legislating from the bench...

Ain't the neo-fascists supposed to hate that kind of stuff?

[endarkenment]

52. batshit looney tunes we are!

How batshit crazy is batshit crazy enough to constitute a real threat?

How do we know when we are close to the tipping point from civil society to uncivil? When do we residents of Hotel Rwanda know that they really don't mean 'tall trees'? What was it that alerted those who fled the Wiemar Republic before it was too late?

What are the warning signs?

[BootinUp]

53. oh noes this sounds weal series. nt

[nonsequitur]

60. This will amount to nothing. It is a case of the President against one ...

dim-witted California attorney. Don't give Taitz any more delusions than she's already suffering under. She will fall flat on her face, again. She can always fall back on her dental career.

[krawhitham]

64. Good, let them go to court, let them lose, let the birther movement be over