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Damn! Judge Carter DIDN'T dismiss Taitz's case today!

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Rwalsh Donating Member (153 posts) Send PM | Profile | Ignore Tue Sep-08-09 09:20 PM
Original message
Damn! Judge Carter DIDN'T dismiss Taitz's case today!
Excerpts from today's decision:

Defendants have filed a Motion to Dismiss.

This Motion will be heard on October 5, 2009.

Plaintiffs’ Joint Opposition will be due by September 21, 2009.

Defendants’ Reply will be due by September 28, 2009.

The Court will also hear a Scheduling Conference on October 5, 2009.

iii. Scheduling

The parties tentatively agreed on the following dates, which will be confirmed at the October 5 Scheduling Conference:

Hearing on Dispositive Motions – December 7, 2009

Pretrial Conference – January 11, 2010

Trial – January 26, 2010

Full decision:

http://ia301520.us.archive.org/2/items/gov.uscourts.cacd.435591/gov.uscourts.cacd.435591.58.0.pdf

WTF?:mad:

How could this happen?

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Bicoastal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:24 PM
Response to Original message
1. Who cares?
Despite the variety of beginnings, we all know by now how these things end. And Orly royally screwed herself for doubling down on an obvious forgery only a few months ago.

Don't worry about it.
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Rwalsh Donating Member (153 posts) Send PM | Profile | Ignore Tue Sep-08-09 09:40 PM
Response to Reply #1
7. "Don't worry about it"
I will worry about it, thank you.

For the past 9 months, there has been a determined effort by some to stop Obama by whatever means necessary.

They are: birthers, townhall meeting disruptors, teabaggers, people openly carrying guns to Obama events, death threats utterers.

They're even threatening civil war!

We should ALL be worrying.

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scheming daemons Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:00 PM
Response to Reply #7
11. Not worried about Orly Taitz

I know what you're trying to do.


Doesn't work on sane people.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:06 PM
Response to Reply #7
12. You need to understand the strategy on this
Edited on Tue Sep-08-09 10:09 PM by WeDidIt
The first thing in any suit is to determine standing. If a plaintiff does not have standing, that is always the first route to killing a case.

From a poilitical standpoint, it keeps the insane people insane and drives their paranoid delusions, and obviously the White House knows this. So the legal team takes the same tack every time as it keeps the crazy people visible and exposes the insanity of the president's political enemies. In essence, the White House is giving more visible opponents enough rope to hang themselves on this shit (like JEan Shmidt was caught on tape doing just today).

The ace in the hole is a document that is prima facie evidence to the fact of birth in any court at any level, and the White House knows it, but as soon as they play the summary judgement card with the birth certificate everybody has seen entered into evidence, the visibility factor goes away.

When you have a procedural hearing, you work within the confines of procedure. It's too soon to request summary judgement and the judge will rule on the motion to dismiss in about a month. If the judge follows the law, he will dismiss because neither Keyes, nor the other two defendents have standing. The only body that had standing constitutionally was the United States Congress on January 6, 2009. They verified the results of the electoral college. Had anybody really questioned the legality of Barack Obama, a Congressperson would have had to object with a Senator joining them. Otherwise, no court in the land has jurisdiction and no person in the land has standing to object.

If Carter refuses to follow established law on standing, the White House submits the document that everybody has already seen and Carter has no choice but to rule summarily in favor of the defendents, making a de facto declaration that in the eyes of the court Barack Hussein Obama is a natural born citizen. There is no denyng their hole card and it is a death knell for these cases.

Politically, for now, it's better that the crazies continue with their insanity.
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KingFlorez Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:24 PM
Response to Original message
2. It will probably end up dismissed later on
Or if it isn't, it could be a good thing if this whole thing is played out in court and the right-wing is exposed as the frauds they are.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:27 PM
Response to Original message
3. Dude, this was a procedural hearing
Edited on Tue Sep-08-09 09:27 PM by WeDidIt
no way was it going to be dismissed today.

And Carter may not dismiss it at all, at which point the white house puts the birth certificate that everybody has seen into evidence and files a motion for summary judgement against the plaintiffs based upon the merits of the case.

Carter will have no choice at that time but to rule summarily that Barack Hussein Obama is a natural born citizen based upon the merits and it's over.
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Tansy_Gold Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:55 PM
Response to Reply #3
9. They found Judge Crater????!!!!???
Oh, oh, Judge Carter.

Oh, never mind.






Tansy Gold, who just needed that little bit of a chuckle
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:16 PM
Response to Reply #3
15. Civilians think a motion
can be dismissed right away, as soon as it's filed. Especially if it has to do with something the civilian doesn't like.

But what's odd is that the OP contains information on the date of the hearing.

So, what's the disconnect? The DUer doesn't know what that date means, that a motion gets argued?

Instead, just leap to an unfounded conclusion and act all outraged?

Ah, jeez, this willful ignorance gets tiring, and good for you to take the time to explain it. It seems to me that in our society, people should know basic stuff like this.

Maybe I expect too much........................
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:20 PM
Response to Reply #15
16. There's more to the OP than that
The OP is series because this Birther shit is Hugh. I worry that the OP may think I'm casting asparagus.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:26 PM
Response to Reply #16
18. There is that, true .............
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madmax Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:34 PM
Response to Original message
4. Is anyone other than the 200% bonafide
batshit crazy wingnuts paying any attention at all to this? Nah.
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:34 PM
Response to Original message
5. OH NOOOOO!!!!! WE"RE DOOOMED!!!!elevens!!!!
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Thrill Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:38 PM
Response to Original message
6. Democrats help push this dumbshit. Stop paying attention to this garbage.
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niceypoo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:44 PM
Response to Original message
8. Let them spin their wheels
Let them continue to make asses of themselves.
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scheming daemons Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 09:59 PM
Response to Original message
10. You think by adding "WTF?" and "How could this happen?" to the OP that we won't know what you are?



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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:16 PM
Response to Reply #10
13. Off topic
That's one of the better DDMs.

I like this one, too:



He reminds me of John McCain:

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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:16 PM
Response to Original message
14. You obviously didn't bother to read the decision you linked
The decision is largely procedural and largely rules against the plaintiff at every turn. In fact the only thing that the plaintiffs won was their motion to vacate the voluntary dismissal of their case that was filed by crazy Orly Taitz in total derogation of her responsibilities as an attorney. The defendant (i.e. the President) has filed a motion to dismiss that hasn't been heard yet, so a schedule was set for briefing and argument on that motion in early October. In the event that motion is not granted, a schedule for dispositive motions (eg motion for summary judgment) and if were to get to it, a trial, were set, which isn't unusual.

Before getting hysterical, read the case and ask (calmly) someone who understands to explain things. You'll live longer.
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GrantDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:20 PM
Response to Original message
17. GOOD...
The more publicity these wackos achieve the more they isolate themselves. It forces the GOP to make a choice; accept their base or dismiss their base as fringe dwellers. Moderates/Independents see these irrational zealots for what they are.
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Mayberry Machiavelli Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-08-09 10:32 PM
Response to Original message
19. LOL
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