Orly Taitz Files a Motion for Reconsideration in the California Obama Eligilibity Case

The birth certificate lawsuit widely thought to be the most likely to go to trial was dismissed October 29, 2009 by Judge David Carter of the District Court of the Central District in California.   Now attorney Orly Taitz is trying to revive it in her trademark style.  She has filed a motion for reconsideration where she argues multiple points including a possible conflict of interest, personal and professional attacks on her character, evidence, delays in discovery, and precedence.  It's a great read.  The lady doesn't hold back.

KEYES|BARNETT v OBAMA - 90 - NOTICE OF MOTION AND MOTION for Reconsideration - Gov.uscourts.cacd.435591.90.0

It's All Over But the Crying - Judge Carter Dismisses Obama Birth Certificate Lawsuit

In a devestating turn of events Judge Carter has dismissed the case against Barack Obama challenging his status as a natural born citizen.  This was the Santa Ana case with attorney Orly Taitz that already had a trial date set, the only birth certificate lawsuit to ever get that far.  Judge Carter says that this should be handled by Congress.  It won't be, there's no way Pelosi will hear this.  This is a huge blow for the birther movement.  Obama is clearly hiding something and we are not going to be allowed to know what, not now.
Judge Carter Ruling on MTD

The DOJ Provides Judge Carter with Notice of New Jersey Court's Ruling

Judge Carter of the Central District of California is taking his time deciding whether or not to dismiss the case against Barack Obama, challenging his claim that he is a natural born citizen.  The plaintiff's lawyer in that case is Orly Taitz.  A person must be a natural born citizen to hold the office of President.  The New Jersey court's decision absolutely does not mandate what Judge Carter will decide, but the decision can be admitted to show what a court with a similar case has decided.  Here's the request for judicial notice.
KEYES|BARNETT v OBAMA - 87 - REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hillary Rod...

New Jersey Obama Eligilbity Birth Certificate Case Dismissed

A New Jersey case challenging Obama's eligibility has been dismissed due to lack of subject matter jurisdiction.  The court said that the plaintiffs had no standing because there was no injury.  I tend to disagree, given the state of our country.

This case is not to be confused with the birth certificate lawsuit in front of Judge Carter with attorney Orly Taitz representing Alan Keyes, among others.  That case is still waiting on a decision by Judge Carter on whether or not to dismiss, it has been 16 days now. 

Smoking Gun? Missing Document to Tie Obama To Kenya?

Probably not.  This is likely a hoax.  Would be nice to compare Obama's Grandma's signature though.  click to see the entire image.

Obama's Fist Executive Order

Sealing his records.  Something to hide? 

For Your Viewing Pleasure - The Declaration that Was Filed with the Obama Kenyan Birth Certificate

It's a good read.  Filed with the court 09/04/2009.
KEYES v OBAMA - 55 - NOTICE Declaration regarding Kenian Hospital Birth Certificate of Barack Obama

Obama Eligibility Case - Affidavit of Obama Misuse of Social Security Number

Why would Obama need to 'borrow' someone else's social security number?  This guy is our President?  What is is Obama hiding?
KEYES v OBAMA - 78.4 - Exhibit Affidavit PI Susan Daniels-Obama's use of SS number of the deceased)(Taitz, ...

Motion to Expedite Discovery in Obama Eligibility Case Denied

Judge Carter denied Orly Taitz's motion to expedite discovery today pending his ruling on the dismissal motion. None of the attorney's were present.  If the dismissal motion is denied discovery will commence.  This ruling changes nothing.  Discovery was not yet allowed before, it is still not yet allowed.  It's now past 5 pm in California.  Maybe Judge Carter will rule on this issue tomorrow.  Good things come to those who wait, hopefully.

At Least One Outlet is Reporting that Judge Carter has Made a Decision on Obama Eligibility

What appears to be Alan Keyes website is reporting that the case is moving forward.  This means that Judge Carter has in fact denied the dismissal motion.  Reports are out that Orly Taitz has also hinted at this in the last hour on her website, but her website gives me a warning message which I am choosing not to ignore at this time.

This hasn't been carried on any major news networks as of yet, but that is typical when decisions go in favor of people challenging Obama's eligibility.  It seems only decisions against the 'birthers' are reported.  I'm working hard to confirm, but wanted to update.

Judge Carter Still Hasn't Issued a Decision in Obama Birth Certificate Dismissal

His docket showed his last case today at 10am, so hopefully he has plenty of time to issue the decision today on the motion to dismiss.  If not, we wait.  Sadly, no one has any control over when judges release decisions.  

Politijab Unofficial Transcript of Obama Eligibility Court Proceedings

Here is an eyewitness account, or unofficial transcript, if you will, from Politijab.  

Barnett v. Obama - Report on 10-5 Hearing

Further Analysis of Obama Birth Certificate Hearing - No Decision Yet

There has not been a decision issued on the dismissal hearing today.  Judge Carter has previously indicated that he wants to hear this case on the merits, that it would be good for the country.  It seems that someone has gotten his ear or he's gotten scared of the case.  After hearing multiple accounts from people who were in the courthouse it seems that Judge Carter was gearing up to wash his hands of this case. 

Judge Carter focused in on jurisdiction.  It seems he has all but decided that this isn't the job of a court, but rather of Congress, because only Congress can impeach a sitting President.  What he's missing is that Congress is completely unwilling to even investigate the issue, and it is an issue.  There will be no justice if it is left to Congress. 

If the President is willing to fight this hard to keep his documents private, including his long form birth certificate and school records, among other documents, one has to wonder what he has to hide.  He's spent untold amounts of taxpayer money trying to avoid the disclosure of identity documents. 

Carter did also mention that he has no precedent to go by in this case.  Then there were the usual discussions about standing.  Were any of the plaintiff's really harmed?  Would they have won the election in any case?  Does that even matter? 

One of the plaintiff attorney's, Gary Kreep, made an very decent argument on the Congress/Impeachment issues.  He said that if Obama was not validly elected he could not be impeached, so therefore impeachment is irrelevant. 

Clearly, this case could lead to Obama's removal if it is proven that he is not a natural born citizen.  That's a lot on Judge Carter's shoulders.  I hope he cares about upholding the Constitution and getting to the bottom of this polarizing issue.  We will see what he decides. 

Obama Birth Certificate Hearing - October 5, 2009

UPDATE 2:  The court is done for the day.  Judge Carter has not issued an opinion yet.  He is going to look over all the documents and decide on the motion to dismiss.  I don't know how long that will take, it could be hours or days.  There are reports of spontaneous applause after Orly Taitz's argument in the courtroom.  There was no decision made on discovery either, which makes complete sense.  Now we must wait.  

Update: The hearing did get started about five minutes late and it is still going on!  This is probably very good news.  If the case was dismissed we would have probably heard by now.  I'll keep you posted.

This is a big day for the Obama Presidential eligibility case in the U.S. District Court in California.

The hearing for today is scheduled for 8:30 am PST, there are two other matters for unrelated cases on Judge Carter's docket, one at 7:30am, one at 8:00am.  The delay for these matters, if any, should be minimal.  The next case on Judge Carter's docket is scheduled for 10:00am.  We may have our answer by then.

Keep Your Eyes and Ears Open Tommorow - Birth Certificate Hearing

October 5, 2009 Judge Carter will be holding a hearing regarding discovery and the motion to dismiss.  This is the first birth certificate lawsuit that has gotten to the point where a trial date has been set.  That trial date is set for January 26, 2010.  There is also a pretrial hearing set for January 11, 2010.  Please see my initial post on this subject to learn more.  At issue is Obama's eligibility to serve as President, specifically whether he is able to fulfill the Natural Born Citizen requirement.    

As I had previously reported, the discovery process has been delayed by a stay of court pending the hearing set for tomorrow.  This may result in a delayed trial date.  Judge Carter will also be ruling on the Department of Justice's motion to dismiss.  Both parties have been instructed to prepare for full discovery following this hearing, if the motion to dismiss is denied.  If this case makes it through tomorrow, and I believe it will, discovery is likely to be quite swift with Judge Carter. 

Check back here for updates!

Obama Birth Certificate Lawsuit - Discovery Delayed by Stay of Court

The citizenship eligibility lawsuit that has been making the news lately is not the one that I had spoke of before in this blog, just to erase any confusion that might understandably arise.  There is an issue with a birth certificate lawsuit in the District Court in Columbus, Ohio.  It has been thrown out of court.  The judge, Clay Land, called the case frivolous.  Another federal judge threw out a similar case because the issue had been blogged, texted, twittered, and massaged to death and therefore it was frivolous.  I missed when public opinion and blogging became the equivalent of legal opinion...Federal District Court judges are appointed for life and can only be involuntarily removed under the impeachment process.  This explains their behavior in these cases.  Absolute power corrupts absolutely.  In the Judge Land case there was also an apparent breakdown in the attorney/client relationship as well as the attorney/judge relationship.  Read about it here.

The case that I had spoke about before, in the District Court in California, is still on.  It's the only case to have a trial date set.  There is another hearing on October 5 regarding discovery and a motion to dismiss.  Recently the judge in that case reportedly told lawyers challenging Obama's citizenship and thus eligibility to be President that they cannot start the discovery process yet, responding to a stay requested by the government.  In case it wasn't clear before, the government is defending Mr. Obama's decision not to produce his records, so we are paying for this, as taxpayers.  If Congress had insisted on verifying Obama's citizenship status before the election it would not have fallen on our shoulders.

The Judge in this trial, Judge Carter, has decided to grant a temporary stay in the production of discovery and has told lawyers that the court, not the defendants, will determine what evidence would be pertinent to the case and if the plaintiffs are hampered by the time frame imposed by the court, he will hear "any proposed new trial dates" during the Oct. 5 hearing.

Obama Birth Certificate Lawsuit Trial Date Set

There are been several lawsuits filed in an attempt to get President Obama to prove that the is a Natural Born Citizen - a Constitutional requirement to be President. Up until now they have all been dismissed before a trial date was even set because no one who had brought a lawsuit was found by the courts to have legal standing. Basically, the plaintiff must be able to prove that they are (or imminently will be) harmed to prove standing. Although I believe that all the citizens are being harmed by this man being in office the court has not seen it this way. Now, with a different combination of plaintiffs, including former Presidential candidate Alan Keyes standing appears to be within their grasp.

There is a lawsuit in the district court in California challenging the President's citizenship. A copy of a Kenyan Birth Certificate, proported to be Obama's, has been submitted to the court as evidence. Judge Carter has ruled that a trial on the merits is set to begin January 26, 2010. This is the first time in any of these lawsuits that a date has been set to hear the merits of the case. This is a major legal victory. Plaintiff's attorney is Dr. Orly Taitz.

There is another motion to dismiss set to be ruled upon on October 5th, along with discovery motions. If the motion to dismiss is denied we should see a trial in the new year. No wonder Obama is trying to hurry along the Universal Health Care vote. His time in office may be quite limited.

If Obama was born in the US and has nothing to hide then why is he wasting taxpayer money by having the Department of Justice defend him in these lawsuits instead of paying $12 for the long form birth certificate? It doesn't make sense.

A Glimmer of Hope - Obama's Birth Certificate

Trent Franks of Arizona may be the first member of Congress to bring a lawsuit compelling President Obama to produce his long form Birth Certificate. See the condescending, liberally biased article here. The main problem with these lawsuits, so far, is standing. Being a taxpayer and voter has been deemed by the courts to not be enough to create standing. Would a Congressman have standing? I think so. Standing is determined by whether a plaintiff is or imminently will be harmed. I would argue that we are all being harmed by Obama being in office, but a Member of Congress would likely been seen as having a significant connection to the issue in question, and thus more likely to have standing then an ordinary citizen.

I don't know what is on Obama's birth certificate. The only reason I am becoming in the least bit suspicious is because Obama seems to be hellbent on keeping it from the public, oh and the fact that his grandmother claimed she was present at his birth, in Kenya. He does seem to be rather secretive, despite his campaign promises to have a transparent white house. We have no long form birth certificate, no school records, nothing really. It's amazing how quickly he's destroying the country, it's like watching a train wreck, from the train.