yep good observation, that's ALL they've got!
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.
There have been 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 President."
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 to be approaching $2 million to avoid releasing a state birth certificate that would put to rest the questions.
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 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."
Obama's defenders also said they would file a motion seeking to block any discovery of evidence at this point.
Kreep said 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 Keye|||To trevor..i hope you read this...i'm not on either side...i wanted to hear the good and bad things people had to say. on the other side i got the same blank answers as to why they don't support obama. i really wanted to hear honest opinions to bad you had to make it into something rude or hateful.
Report Abuse
What are good points in detail about Obama and his decisions?I got nothin for ya but a star...good question!|||let's see,He showed up with his trusty teleprompter.I guess we can always count on that.What are good points in detail about Obama and his decisions?he has donig his best to get rid of crooked tactics thats has been going on in the us for yrs .our health care has been high jacked by medical companies and we are so used to it that we refuse to stop sucking on that formula .|||Sorry I don't have my whole day to come of with reasons for you, but in my opinion a country that does not go to war, and helps out its fellow man is the best thing you could ask for. A good example is Canada. Yes they are socialist but do you see horns growing out of their heads? Socialism is not a bad thing though the Republicans are pushing for it to become one.
You want a good list then use google and stop starting topics you know will just get responses from fellow Republicans spreading their united distrust for anything but war, greed, guns, football and the lord.
--------------------
http://www.bestpoliticalquiz.com
No comments:
Post a Comment