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September 09, 2009
DOJ Urges Judge To Throw Out Obama Birth Suit ~ BUT Calif. Judge Orders Hearing
Barack Obama Kenyan Birth Certificate / Lucas Smith / Coast Province General Hospital
This is his YouTube site
http://www.youtube.com/user/InspectorSmith#play/all/uploads-all/2/AdueOWxo518
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Panic in D.C.? Justice urges birth suit tossed
Late motion filed by feds as case ready for hearing
Sept. 7, 2009
The U.S. Justice Department is urging a federal judge in California to dismiss a lawsuit challenging the constitutional eligibility of Barack Obama to hold the office of president.
The highly anticipated hearing tomorrow morning before Judge David Carter features attorney Orly Taitz and numerous plaintiffs, as well as a document that one person has sworn is the original birth certificate of Obama from Kenya – not Hawaii, where the administration maintains Obama was born.
In a motion filed Friday in Santa Ana, Calif., attorneys for the government did not directly address the merits of Taitz's claims, but instead focused their efforts on technical procedures, suggesting the matter can't be decided in court and that the dozens of plaintiffs cannot demonstrate they have been injured by having Obama in the Oval Office.
"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution's textual commitments, that challenges to the qualifications of a candidate for president can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress," wrote Assistant U.S. Attorneys Roger West and David DeJute. "Therefore, challenges such as those purportedly raised in this case are committed, under the Constitution, to the electors, and to the Legislative branch."
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."
Among the plaintiffs are former ambassador and presidential candidate Alan Keyes and longshot vice-presidential candidate Gail Lightfoot, both of whom ran in 2008.
Justice officials say because neither had a mathematical chance at winning, they were not directly harmed by the election of Obama.
According to the motion, "The [suit] does not allege, nor could it allege, that any of these plaintiffs were even on the ballot in enough states in the year 2008 to gain the requisite 270 electoral votes to win the presidential election."
As WND reported over the holiday weekend, Lucas Smith, the man who tried to sell an alleged Barack Obama Kenyan birth certificate on eBay, filed court papers insisting – under threat of perjury – that the Obama birth certificate in his possession is the genuine article.
Close up of above image:
Taitz posted on her blog Smith's declaration, which claims he obtained the alleged birth certificate from Coast General Hospital in Mombasa, Kenya, and insists it's real.
"The true and correct photocopy of the birth certificate obtained is attached to this affidavit as Exhibit A," the declaration reads. "I declare, certify, verify, state and affirm under penalty of perjury under the laws of the United States of America that the foregoing statements of fact and descriptions of circumstances and events are true and correct."
Smith's affidavit, which includes a copy of the certificate, has been filed with Judge David Carter of the U.S. District Court for the Central District of California. Carter is scheduled to preside over a hearing on the case on Sept. 8.
Taitz told WND she believes the swiftly approaching court date prompted Smith into action:
"He has been in touch with me for quite a while, and he emailed me the document with his signature," Taitz said. "I think he was trying to figure out the most expedient way to bring his message public, and maybe he felt that because I have a hearing coming, that would be the most expedient way."
Taitz hopes the court will order expedited discovery, a ruling that would open many of Obama's currently sealed documents, including his college records and Hawaiian long-form birth certificate, to court scrutiny.
"We'll see what happens on Tuesday. If Judge Carter has the guts, we may move very fast," Taitz told WND. "If expedited discovery is ordered, I'll be dashing to Occidental College and then be on a flight to Hawaii."
In his filing, Smith declares that he traveled to Kenya in February and paid off a military officer in order to obtain a copy of the birth certificate from Coast General Hospital in Mombasa. The declaration also states that the hospital administrator signed and sealed the copy, which indicates Obama's birth in Africa on Aug. 4, 1961, at 7:24 p.m.
As WND reported, Smith released a video of the document he claims is a copy of Obama's hospital birth record, though an investigation by Jerome Corsi maintains the document is a forgery.
WND first reported earlier this year when Lucas Smith, a former resident of Cedar Rapids, Iowa, and known by the eBay handle "colmado_naranja," claimed to have a document proving Obama's birth in Mombasa, Kenya.
After promising to reveal the document to WND, Smith then dropped communications with a team of people offering to help him verify the document, only fueling the belief the sale – and therefore the alleged document – was a scam.
WND followed Smith's ongoing saga as "colmado_naranja" as he attempted several times to sell the document, or photos and stories surrounding it, on eBay, only to have the auctions repeatedly removed by site administrators.
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UPDATE....September 8, 2009 : ...so far the first HONEST Judge.
Shocker! Judge orders trial on eligibility issue
Arguments planned Jan. 11 for major Obama challenge
10/5/09 Defense Motion to Dismiss to be heard. Carter indicted only a very strong compelling reason would move him to dismiss at this point. He will review the defense’s 9/4/09 MTD. He wants to hear the case on it’s merits. Discovery to be ordered 10/5/09 if MTD is thrown out.
1/11/10 Pre Trial Set- procedural for other motions, depositions, scheduling, etc
1/26/10 Trial Date Set- Earliest available date for Justice Carter.
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.
In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case.
But the judge did not immediately rule on Taitz' motion to be granted discovery – that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case.
The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they 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.
If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later.
The case would be the first time, according to Kreep, that the actual merits of the dispute will have been heard in open court. 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."
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This LINK is was the DOJ Last Minute Demands to Judge Carter, And all the arguments that the DOJ made lead to only one outcome and that is we the people of the United States are now considered slaves to the government that has been usurped by a Foreigner.
http://birthers.org/misc/DOJreply.htm
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Wild Thing's comment.......
Why are DOJ lawyers involved? Why isn’t Obama paying his own lawyers to fight this? So now the DOJ feels they can walk in and tell a judge what to do? It’s amazing the DOJ even knows anything about this suit. They clearly have been following it and are worried.
I would think this is huge.
This would be Eric Holder doing this I would think.
"dozens of plaintiffs cannot demonstrate they have been injured by having Obama in the Oval Office."
What about the troops that are troops dying because of his orders. So, yes people are not just hurt, they're dying because of his orders.
The UPDATE in the second of this post is the farthest it has gone so far, the others been promptly denied. So Oct. 5 is a huge day for all of this.
Regarding Lucas Smith guy with the certificate. I don't know if he is a liar or not. But he can't be that stupid not to realize if he is a liar he can go to jail. And the fact that he is risking all of that has got to be putting Obama and his lawyers very much in the concerned mode.
Robert O’Brien, Afghan Attorney General Abdul Jabar Sabit, and Judge David Carter at the Attorney General’s Office in Kabul.
Judge Carter has a little more prespective on who has standing and the Constitution then some slimy DOJ attorneys.
I posted about this Judge before but here is a recap of what my post said.
1. He graduated from college and volunteered for the Marines and enlisted as an officer during Vietnam.
2. He fought at Khe Sahn and received a Purple Heart and bronze star. If you do not know what happened at Khe Sahn - google it. It was no party and Marines fighting there know a bit about defending the Republic then illegal alien Kenyans.
Judge Carter went to Afghanistan recently and talked to fellow young Marines. The young AMERICAN soldiers are not too happy with the usurper’s ROE where our Marines and Army cannot fire at the Taliban unless they are sure they are bad guys.
It seems the Norweginas did not get that ROE or memo because the 20 year old female Norge soldier girl gunner took out 20 Taliban with her 30 MM on her tank.
My guess is Judge Carter thinks the American people have “standing” when the possible usurper is giving our Army and Marines chickens*it Rules of Engagement.
STANDING - The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.
....Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67
Posted by Wild Thing at September 9, 2009 06:49 AM
Comments
I certainly hope Ms. Taitz has her ducks in a row. The other side is going to have their sharpest people on the case. This is being kept under wraps apparently. Google and Bing had little on it yesterday. Ask.com had a bit more.
Posted by: Jim at September 9, 2009 03:20 PM
As far as I have read, the burden of proof is in obama's court. Orly Taitz wants them to show he is a legitimate citizen. Which he has failed to do. They can dodge the question as they have been doing for the past year and a half maybe now the judge will force them to 'fish or cut bait'.
Posted by: Mark at September 9, 2009 04:05 PM
One of these lawsuits has to stick and become a public case. Just the fact obama has spent almost a million$$ on defending his hidden BC makes the cases worth the effort.
Posted by: TomR at September 9, 2009 07:36 PM
Jim,I agree, and I hope Orly has protection
too.
Posted by: Wild Thing at September 9, 2009 08:16 PM
Mark, I am so excited, but also holding
my breath.
Posted by: Wild Thing at September 9, 2009 08:17 PM
Tom, that is such a good point, an innocent
man he is not.
Posted by: Wild Thing at September 9, 2009 08:18 PM
