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      10-05-2009, 02:50 PM   #155
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Today is supposed to be the day we find out whether the case in California will be dismissed or not. At this hour, I don't see an answer to that. http://www.aipnews.com/talk/forums/t...d=8670&posts=7

The best indication here was this:
Uncorroborated report:

11:50 am PST

Gary reported the court is in recess and finished for the day.

Intially Judge Carter was leaning to dismiss the case and accept Defendant’s Motion to Dismiss, however, Orly Taitz and Gary Kreep made a very impassioned argument and the gallery burst into applause, the Marshals did not stop the outburst, and it was felt Judge Carter was swayed by the outburst to not throw out the MTD but rather reconsider his decision.

He advised both parties no matter his ruling, both would be able to appeal to a higher court.
The wording in this report is contradictory. What would move this thing forward is if the MTD were denied.
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      10-05-2009, 03:57 PM   #156
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The surprise would be if the case were not to be dismissed. Some interesting notes from the courtroom:
Anonymous said...

The Post & Email just spoke with a secretary of Mr. Charles Lincoln about the hearing, and publishes this summary:

It was a long hearing from about 8:30 AM to 11:45 AM Pacific time, with only a 20 minute recess. More than 100 persons attended. There was an overflow room with video hookup to accomodate everyone.

Judge David O. Carter issued no ruling on the Motion to Dismiss, nor to grant discovery. He cited his need to sort out the complex legal issues, consider all the arguments carefully.

During the hearing the specific agenda disscussed was as follow (this is not in chronological order):

Judge Carter denied Attorney Gary Kreep’s Motion for Severance, which would have created a parallel case, for his clients.

Judge Carter questioned the Defense’s counsel, regarding the method of impeachment and how that would address this controversy.

Attorney Gary Kreep argued that the case does not involve impeachment; since Obama has entered office unlawfully.

Judge Carter questioned on what basis his court could issue a quo warrento proceeding, when the D.C. court had jurisdiction over this kind of proceeding. Dr. Orly Taitz responded by citing precedents in the 9th Circuit, that allowed quo warrento proceedings to be held in California, rather than in Washington, D.C., in account of the great distance to the other side of the continent.

When questioned about the injury suffered by other candidates on the ballot in California, Attorney Kreep explained the injury they suffered and the Judge responded thoughtfully to his arguments.

Regarding military plaintiffs, Judge Carter mentioned that there was a ruling in the 9th circuit which denied standing to oath takers on the basis that this was not a particularized injury.

In all, Judge Carter was very concerned about standing claims and wanted to know what the actual injuries were, and how standing was being justified.

The Defense argued that the Court had no authority to hear the case, and that claims were political in nature and therefore not for the Judiciary to adjudicate.

Judge Carter pointed out that the case was unique and that there were no precedents to guide him thoroughly.

The Post & Email will interview Mr. Charles Lincoln live, and post this in a separate report in about 3 hours.

http://thepostnemail.wordpress.com/2...carters-bench/

October 5, 2009 1:01 PM
Posted 2009-10-05 1:35 PM (#24863 - in reply to #24848) By: Philomena
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      10-05-2009, 11:51 PM   #157
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Here are some select quotes from an interview with Charles Lincoln III on the motion to dismiss that was considered today:
link

MR. CHARLTON: What questions did Judge Carter ask regarding the standing of political candidates, who were on a state ballot together with another candidate who was not eligible according to the U.S. Constitution? What kind of responses did he get from both sides?

MR. LINCOLN: I think he was sympathetic with this issue and that the Defense’s position was static and mean spirited; their argument that minor party candidates could not have won, missed the point, the people were entitled to vote in a fair and honest election; Plaintiffs argued that could anyone really say that if BO could not run for US Senate, that Keyes would not have taken that seat; and had he been the rising start of the black candidate, Keyes might have higher standing in the recent presidential election; Judge Carter did not like foregone conclusion argument used by the Defense that, what happened should be the rule looking forward.

MR. CHARLTON: Was Flast vs. Cohen discussed, regarding tax-payer standing?

MR. LINCOLN: If he accepts case at all it will be on general principles on Flast vs Cohen or 9th amendment standing, and is one point in which Attorney Taitz and Attorney Kreep agree, constitutional suits by citizens must be allowed.

MR. CHARLTON: Does Judge Carter seem to be an originalist, or a living-Constitution theorist?

MR. LINCOLN: I got not feel for originalism from him at all, but neither that the Constitution is a colony of amoeba which grows; he feels the fixed nature of the Article II is a valid point; that Congressional inaction or action cannot amend the constitutional. He not a Larry Tribe nor a Carl Sustein, nor is is a Bork he is a moderate.
This interview had the first reference I saw to this:
"...11th page of the Dunham-Obama Divorce filing; ...citing a foreign birth?" I'll have to see if I there is any other information on the web about this.

Another something I found interesting: "The British citizenship of Obama Sr. was not discussed by anyone."
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      10-06-2009, 12:21 AM   #158
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Quote:
Originally Posted by scottwww View Post
I've been wondering if Mr. Obama is hiding his long form birth certificate because he was born on the sea, rather on the island of Hawaii. Born on a ship, you are not a natural born Citizen of the United States [in 1790 before it was repealed one could declared a natural born citizen with other qualifications (see the Naturalization Acts of 1790 and 1795)]. Since 1795, when born on the sea, the best you can be is a naturalized citizen.

have you ever thought he is hiding something else? like who is the real father or that he was born a bastard?
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