Orly Taitz, Lucas Smith - From The Courtroom — The Latest
September 8th, 2009
From The Courtroom — The Latest
The Give Us Liberty blog is blogging from the courtroom. At 9:26 AM there was no visible media turnout for this hearing as in no SatCam uplink trucks.
At 10:02 Justice Carter noting the packed courtroom and overflow crowd waiting in the hallways has ordered a change to a larger courtroom and has taken a 2 hour recess to accommodate the transfer of officers of the court and spectators.
The estimated age range of those present is 18 to 80 — 70% Men — 30% Women — age 60+ seems to be the majority.
Attorney Orly Taitz appeared relaxed — calm cool and collected.
Justice Carter recessed the court at 12.30 pst 9/8/09 — his rulings:
10/5/09 Defense Motion to Dismiss (MTD) to be heard — Judge Carter indicated 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 Motion to Dismiss 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.
…. and from WND:
Shocker! Judge orders trial on eligibility issue
Arguments planned Jan. 11 for challenge to Obama
Posted: September 08, 2009
4:42 pm Eastern
© 2009 WorldNetDaily
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 defendants 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, were restored as plaintiffs.
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.
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.
More to come…
I just received this from one of our Patriots that attended the hearing:
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
Phil over at the Right-Side-of-Life website has an excellent update on the case:
Barnett v. Obama: Judge Sets Conference, Tentative Trial Date
There are MORE photos at the website!
September 8th, 2009 at 9:29 pm
Here is another report from someone claiming to be in court. They posted this on the Orange County Register where the reported appears to be trying to report based on a hatchet job of Orly.
============================
OCReader says:
September 8, 2009 at 6:02 pmHere is a report from an eye witness at the hearing today. It appears Wisckol is brushing over the significance of the outcome of the hearing. The biggest news is that the motion to dismiss was NOT granted and a trial date has been set. This means there must be a “Discovery” phase where Obama’s team will need to produce the proof needed to at least satisfy the courts, even if it doesn’t satisfy the people. We are taking baby steps, but the truth will come out and BO will HAVE TO reveal who he REALLY is!
————————————————————————————–
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!
===================================
I like this report! LOL
September 8th, 2009 at 9:58 pm
http://www.youtube.com/watch?v=YshG_Ok8idc&feature=player_embedded
Alert a must see video!!!
September 8th, 2009 at 10:13 pm
LOL
Good one!
I know that! I agree with you! But the courts don’t! LOL
September 8th, 2009 at 11:44 pm
We are on our way to a new day in the USA! May God bless all those in this case from Dr. Orly Taitz and Judge Carter. May truth will out for We the People!
Thanks Orly for your persistence!
September 9th, 2009 at 12:47 am
I knew there was ONE remaning honest and patriot Judge in your country… lol. I just knew it!
You found it in the Honorable Judge Dave O. Carter. This man will go into History.
Thanks Judge Carter and thanks Dr Orly Taitz, you are great patriots. Bravo!
September 9th, 2009 at 2:11 am
I hope this case covers the issue of Obama’s British citizenship at birth. That’s the most important argument of all.
September 9th, 2009 at 5:56 am
It is not really necessary for the case to go to full trial and the “birth certificate” need not be authenticated. Once the judge grants “discovery” and the sealed documents are entered into evidence, it is over.
Now, let’s see how this affects his proposed “changes” in our system of government. In view of the possibility of his removal, congress will surely be considering him a “lame duck” president.
September 9th, 2009 at 6:54 am
I think Orly and Judge Carter should watch their backs, Obama might try and get some tips from Clinton.
September 9th, 2009 at 6:55 am
The following is seen on the American Grand Jury website:
“During the American Revolution 70% of the people were loyal to the King or apathetic. The other 30% founded a Nation.”
If the upcoming January 2010 trial brings about Barack Obama’s removal, American Grand Jury would justifiably be able to claim:
“During the Barack Obama presidency, 99% of Americans were loyal to Obama or apathetic. The other 1% SAVED a nation.”
September 9th, 2009 at 7:24 am
Well Buck, I think we might be a little more than 1% but I too was wondering what the numbers would look like.
The majority of America may be knocked completely off their feet while a small percentage have dismissed the inferior and biased reporting on this issue in pursuit of actual truth.
How he has been able to get this far without producing ANYTHING is a stunner to me.
Whatever Lucas Smith has come up with - it is forcing the issue in a very big way.
Excellent timing too, with Zero having to face repercussions of embracing a commie truther amidst plummeting ratings.
September 9th, 2009 at 8:11 am
The irony of this decision by Judge Carter is that the MSM cannot attack Carter without reporting that the case is going to be heard.
I feel sure that when this does go to trial, there will be violence around the courthouse. ACORN will bus in enough idiots to fill the jail.
PLEASE, each and every one of you, notify your local newspapers, radio stations and TV stations that this is occurring below their radar…. and send copies of your notification e-mails to everyone on your mailing list. This way, the general public will be enlightened about the media’s complicity in the Obama cover-up.
LOL The Uber Goober is now a Lame Duck. Pass it on!
September 9th, 2009 at 8:44 am
I just sent the following to my local media:
Just thought you might be interested…. Judge David Carter will hear an Obama eligibility case filed in his court. Trial scheduled to begin January 26, 2010. Be sure to NOT report it.
cc: all recipients
September 9th, 2009 at 9:11 am
Orly Taitz said in a recent interview that she encouraging as many people as possible (Legal Persons) file amicus curiæ briefs with the court demanding that case not be dismissed and that discovery to authorized. Orly also encourages ordinary citizens to write to Judge Carter voicing similiar opinions. I encourage everyone to take up Orlys offer. This must not be dismissed and the case must go forward with discovery and a trial to ultimately get to truth of Obamas eligibility.
September 9th, 2009 at 10:01 am
American Grand Jury,
I know Stephen Pidgeon has been doing legal work for Carl Swenson with the submission of the Patriot Heart’s suit for a Federal Grand Jury that was recently filed. Has Stephen Pidgeon considered filing an Amicis Curie Brief on behalf of Orly Taitz in her case? All interested parties should throw their banner of support behind Orly Taitz. Her case seems to have a real chance of proceeding but it must survive the Motion to Dismiss submitted by the Defendents.
September 9th, 2009 at 10:12 am
“I hope this case covers the issue of Obama’s British citizenship at birth. That’s the most important argument of all.”
Not only is he Kenyan born, he isn’t even an American citizen, he’s Indonesian. This man is sending soldiers to war, for heavens sake. How many people will die, because of this fraud, and a complicit Congress, and Supreme Court?
September 9th, 2009 at 11:03 am
My thoughts exactly, NJK. I have a friend whose husband is due to deploy to Afghanistan on October 5. Because she doesn’t use email, she was the first to call me yesterday asking about the outcome of the hearing. She was the first person I told that the case will go forward.
If the post up at the top is correct and Judge Carter does not dismiss, it sounds as if he WILL order discovery. That means the DOJ has four weeks to come up with convincing evidence, not just words, to show that Obama is a natural born citizen. They know they can’t do it, so they all might as well resign now. Their arguments are specious and always state that the plaintiffs don’t have standing, which is ridiculous. Judge Carter seems to believe they DO have standing; otherwise, he wouldn’t be moving forward with this.
I have always believed that the truth, God’s truth, will prevail. It’s taking longer than we would have liked, but it’s happening. And there are millions of us who know that this is the defining issue of our time. We, the spoiled baby boomer generation, have stood up to corruption and deceit and are prevailing. This is what they had to do to break with Great Britain. Stand for something, stand up, and risk your life. Many are doing that. Lucas Smith and Orly are doing that, and we must support them.
I also support any eligibility attorney who is trying to get to the truth: Steve Pidgeon, Phil Berg, Mario Apuzzo, Andy Martin. While some of these people have denigrated Orly and said that she’s going about things incorrectly, apparently that’s not true, as the judge has indicated that he’s proceeding with the case. I no longer visit any website that has insulted Orly and said that they know better than she.
Dr. Orly is one smart lady. And she’s not even a natural-born citizen! We Americans have a lot to learn from her!
September 9th, 2009 at 1:11 pm
Calling All Birthers with Legal Expertise and Background:
Please prepare Amicis Briefs demanding that the Motion to Dismiss of Pamela Barnett et al. vs. Obama et al BE DENIED!!!
September 9th, 2009 at 5:22 pm
Well it will definately give Time Magazine another reason to put BO on the cover again.
Only this time I may actually read it.
Jim D
Des Moines, IA
September 9th, 2009 at 5:24 pm
Kreep is trying to sabotage Orly’s case. She has a very good case and Kreep is arguing with her instead of going along with all her findings. He shouldn’t be there anyway. He had a couple clients who left Orly so he can represent them and they have no business interfering with her case. He doesn’t believe in the part that BO was a british subject a birth no matter where he was born. He only looks at where he was born. That’s not enough.
September 9th, 2009 at 5:58 pm
If this Kreep guy doesn’t believe in the British subject part then this guy is no constitutional lawyer and should remove himself from this case and go file his own.
Why did these other plaintiffs drop Orly to be represented by this guy? What is their reasoning for this? They need to just drop their suit before they cause more damage to this case!
September 9th, 2009 at 6:43 pm
“Why did these other plaintiffs drop Orly to be represented by this guy? What is their reasoning for this?”
Follow the Constitution: September 9th, 2009 at 5:58 pm
You know how it is with attorneys, they usually have big egos. Dr Orly Taitz was bashed many times from the other attorneys. They tried to discredit her so often, maybe that influenced those plaintiffs.
I believe they envy Orly, she is the ONE with all the visibility. If she wins and I think she will, she will be the one going thru History, not them. I could be wrong, but I don’t think so.
September 9th, 2009 at 7:12 pm
Sounds illegal to me if that is why.
September 9th, 2009 at 7:29 pm
Just watched the video after the hearing. Dr. Taitz was ready to have been back in Court on Friday. But because of this thing - “Creep”, who say’s he needs time to review the case, we all have to wait, again till Oct. 5, to know for certain if the case will be heard.
September 9th, 2009 at 7:36 pm
Great article! A MUST read:
Tennessee Grand Jury Joins DOJ in Obstructing Justice
http://canadafreepress.com/index.php/article/14547
The US Constitution and the entire American way of life hang in the balance.
September 9th, 2009 at 9:59 pm
Jim,
Where is the video?
September 10th, 2009 at 9:32 am
“Follow the Constitution” http://www.oilforimmigration.org/facts/?p=3273
September 10th, 2009 at 5:41 pm
The brilliant and passionate lady from California is on a roll. It looks like Kreep and his clients have withdrawn from the case.
http://nativeborncitizen.wordpress.com/2009/09/10/keyesbarnett-v-obama-doc-33-voluntary-dismissal-of-drake-and-robinson/
http://nativeborncitizen.wordpress.com/2009/09/10/keyesbarnett-v-obama-doc-45-ex-parte-application-for-order-dismissing/
Now let’s see if Dr. Taitz can file strong opposition to defendants move for dismissal by the 21 September date set by the court. The period between now and 5 October should be most interesting.
In another development, looks like the new case (Rhodes) will be heard tomorrow in Georgia. This is Cpt Rhodes’ request for a Temporary Restraining Order to hold her deployment. Also, looks like one of the usual problems with standing is being addressed in that this will be done as a class action suit. If the TRO is granted, may make for an interesting news weekend.
http://www.orlytaitzesq.com/blog1/?p=4273
Leon Brozyna
CW2, USA (Ret)
September 10th, 2009 at 7:43 pm
I sent a letter to the editor of my local newspaper telling all about Judge Carters comments and how Oct 5th would be a hearing with a tentative trial date in Jan to hear Obama’s eligibility. I was attacked with liberal comments saying there was not truth to this and that WND is not a reliable source. I then said Canadian Free Press carried the story too. Bottom line unless MSM airs this people will call you a conspiracy nut. Where is the Main stream media? FOX won’t even touch it.
September 10th, 2009 at 9:44 pm
Florida free,
Show them the videos that Jim linked above at comment No. 26.
That should shut them up.
September 12th, 2009 at 4:26 am
if there was a dispute over my citizenship i’d just produce my birth certificate, not go to court. unless i didnt have a birth certificate. drrrr.
September 12th, 2009 at 2:32 pm
IN THE EVENT BO WINS AND THE CASE IS THROWN OUT, HE WILL HAVE TAKEN ONE MORE GIANT STEP AT CANCELLING THE CONSTITUTION. WHY, IF HE HAS A VALID BIRTH CERTIFICATE DOES HE NOT HAVE THE INTESTINAL FORTITUDE TO SHOW IT TO THE AMERICAN PUBLIC. THIS WOULD SAVE MILLIONS OF DOLLARS AND SCADS OF TIME THAT COULD BE BETTER SPENT ELSEWHERE.
September 13th, 2009 at 12:35 pm
To Leon Brozyna:
Plaintiffs Drake and Robinson are still in the case, represented by Attorney Kreep. What happened was that Attorney Taitz filed papers saying that Drake and Robinson wanted to be dropped from the case (Your first link). Drake and Robinson instead just wanted to change counsel, and petitioned the court to be reinstated (your second link.) The judge granted Drake and Robinson’s request to be reinstated to the case with Attorney Kreep, and ordered Attorney Taitz to work with Kreep in this case. 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-
Contraty to popular opinion, this isn’t Attorney Taitz’s case — it’s the Plaintiffs case.
September 30th, 2009 at 11:30 pm
So much legal arguing and words difficult for me to understand, but as a former Marine, I hope and pray Judge Carter will follow his training as a Marine, we were taught to follow orders. But this is what I meant on a former post, two worlds we live in, I have never heard anything about this on the tv, nothing, but on internet, here it is with a little clicking of mouse, you can do most anything, I realize, so much we most taken for granted, but my daughter-in-law said today, they lie on tv. I think everybody lies, and on internet as well, but must learn to sort out the lies and the truth, I hope and pray this happens. God Bless America, oh how do you think Obama and Michelle will spend their time in Denmark, more taxpayer money, 2 plances, fuel was set at 1 1/2 million taxpayer dollars to get him 4 hours to campaign(which he does so well) for Olympics, Malkin said tonight on Hannity, Valerie Jarrett will be able to get rid of her slums filled with poor people from chicago and have them destroyed so she can build elaborate olympic type rooms for the athletics. millions of more dollars for these creeps.
October 6th, 2009 at 7:39 pm
What is the question here? Ethan’s parents had to provide his BIRTH CERTIFICATE for him to enter kindergarten this year. All of this huge family was born Americans never a question. But Obama as president does not have to show a BIRTH CERTIFICATE as President of the United States of America!!!!!
October 21st, 2009 at 3:43 pm
I would hate to be the defence attorneys for Barry Soetoro, because he has no legal paper work in which to defend his sorry behind.
Is he going to say that we need him because of a terrorist attack and because of National Security. He does not know how to do anything but screw up our nation and to open the doors to his Islamic blinded, pagans in our governmental system. Until Islamic people learn to stop wars among their own people and Israel, all of these demented pagans need to catch their fast ticket back to their rag headed homeland.
He is as guilty as O.J. Simpson. If justice does not prevail, Obama will take us to the pits of hell, financially speaking and to death itself for we aging Americans through his National Death Camp Care.
Obama is a malotto; I would gladly switch for Former Ambassador/Dr. Alan Keyes. He is a real Afro-American and we are all proud of him. He is the cream de la cream of American politicians and American men.
December 24th, 2009 at 7:27 pm
WHY WHY IS THIS NOT ON THE FRONT OF EVERY NEWSPAPER IN AMERICA? AND AROUND THE WORLD NEWS SUPPRESSION TIME IS OVER ? COME ON LETS TRY TO DO IT RIGHT? ALL NEWSPAPERS? ALL RADIO STATIONS? ALL TELEVISION STATIONS?NO MORE SUPPRESSION OF THE NEWS TO THE AMERICAN PUBLIC AND WORLD. A BIRTH CERTIFICATE CARRYING LEGAL AMERICAN>>>
January 1st, 2010 at 6:45 pm
LETS ALL THATS BACKING RIGHT FOR AMERICA AND AMERICANS? TRY TO IF POSSIBLE WATCH OUT FOR ANYBODY ON ORLYS TEAM .THIS MYSTERYMAN CHARACTER SHE MESSING WITH MIGHT BE PLAYING MAFIA TACTICS TODAY HE IS FROM CHICAGO RIGHT OR WRONG?LETS TAKE CARE OF THOSE TRYING TO GET AMERICA AMERICAN AGAIN? FUNNY THINGS HAVE HAPPENED IN LAST YEAR PLEASE WATCH OUT FOR THE RIGHT TEAM THANK YOU>>>>>>>>>>>>A BIRTH CERTIFICATE CARRYING LEGAL CITIZEN>>>>>> LETS GET THAT RASCAL IN AN HONEST COURT>