BORN IN THE USA? -
Shocker! Judge Orders Trial On
Arguments planned Jan. 11 for major
By Jerome R. Corsi ~ 8 Sept, 2009 ~
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.
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.
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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 pre-trial 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
WND has reported on dozens of legal challenges to Obama's status
as a "natural born citizen." The Constitution, Article 2,
Section 1, states, "No Person except a natural born Citizen, or
a Citizen of the United States, at the time of the Adoption of
this Constitution, shall be eligible to the Office of
Some of the lawsuits question whether he was actually born in
Hawaii, as he insists. If he was born out of the country,
Obama's American mother, the suits contend, was too young at the
time of his birth to confer American citizenship to her son
under the law at the time.
Other challenges have focused on Obama's citizenship through his
father, a Kenyan subject to the jurisdiction of the United
Kingdom at the time of his birth, thus making him a dual
citizen. The cases contend the framers of the Constitution
excluded dual citizens from qualifying as natural born.
Complicating the situation is Obama's decision to spend sums
estimated over $1 million to avoid releasing a state birth
certificate that would put to rest the questions.
WND has reported that among the documentation not yet available
for Obama includes his kindergarten records, Punahou school
records, Occidental College records, Columbia University
records, Columbia thesis, Harvard Law School records, Harvard
Law Review articles, scholarly articles from the University of
Chicago, passport, medical records, files from his years as an
Illinois state senator, his Illinois State Bar Association
records, any baptism records, and his adoption records.
In the U.S. Justice Department's motion to dismiss, attorneys
didn't address the concerns directly, 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
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probes this unprecedented presidential eligibility mystery.
"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."
President Obama's defenders also said they would file a motion
seeking to block any discovery of evidence at this point.
Kreep said his addition to the case probably will mean
additional arguments over the president's eligibility.
Among the long list of 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
But among the issues that appear to be looming is a claim that
Obama's actual birth certificate from Kenya has emerged.
Read the rest of WND's news article here:
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