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Opponents of Barack Obama's presidency claim small court victory

Supporters of a case that disputes the legitimacy of Barack Obama's presidency claimed a small victory today when U.S. District Judge David O. Carter told them to fix their paperwork and that he would listen to "the merits" of their case. But others present for the hearing Monday at the federal courthouse in Santa Ana stressed that the case remains a long way from ever getting a full airing in court and may never get to that point.

The case, Alan Keyes, et al. v Barack H. Obama, et al. was filed on Inauguration Day and is one of a raft of suits alleging Obama is ineligible to be president because he is not a "natural born citizen.” Such claims have fared badly in court to date. In December, for example, the Supreme Court dismissed without comment a case challenging Obama’s right to take the oath of office.

Perhaps because of that history, Orly Taitz, the lawyer who filed the current suit, was greatly cheered by Monday’s hearing. "He's very determined to hear the case on the merits," Taitz said, referring to the judge. "He stated, the country needs to know if Mr. Obama is legitimate, if he can legitimately stay in the White House."

That’s not quite the way Asst. U.S. Atty. David DeJute heard the judge’s comments. Thom Mrozek, a spokesman for the U.S. Attorney's Office, said that “the judge did make a bunch of comments about having the matter correctly and thoroughly aired, once and if they got to the merits of the actual lawsuit, which was not the subject of today's discussion."

The key word is “if,” Mrozek stressed. “We're literally at procedural grounds at this point in time," he said.

At a previous hearing, Carter had ruled that Taitz had not properly served the case on Obama. In Monday's hearing, both Taitz and DeJute tried to prematurely argue the merits of the case. Carter, a former marine, told both parties that the case could easily be tied up for months or another year on procedural technicalities. A better approach would be for Taitz just to file the paperwork so that the case could proceed without more delays, the judge said.

Once the paperwork is filed, the government has 60 days to respond.

-- Tami Abdollah in Santa Ana

 
Comments () | Archives (186)

Why is this such a difficult process to comprehend? Obama pays $5.00 to get an official copy of his birth certificate, has it framed and hangs it in Congress so everyone can see? Is it really that hard? I don't care about his school records, whether he was a registered Moslem in Indonesia or if he spouted off Commie rhetoric in college. Just one simple, complete, notarized document. I'll pay the $5.00. The American electorate deserves an answer to what has become a vexing problem which Mr. Obama could have and should have solved ages ago. He is the one that makes it appear that he is hiding something and the heat in the kitchen is getting hotter everyday. I thought this guy was supposed to be brilliant.?

The issue is NOT about a birth certificate. BHO's citizenship is NOT in question. What is in question however, is whether or not BHO meets the eligibility requirements set forth in Article II, Section 1, Clause 5 of the U.S. Constitution. Additionally, Congress cannot change the provisions of the Constitution as they attempted to do for McCain by adopting a resolution confirming him to be a U.S. citizen. They don't have that authority.

The only way that this issue will be addressed is in the courts, specifically, the U.S. Supreme Court. The only way it can get there is if a case is brought to their attention. But if all cases brought to the lower courts are denied due to technical problems, we may never know for sure the answer to this question. The details and a good discussion are found here: http://naturalborncitizen.wordpress.com/.

As has already been stated for the benefit of all you who are quick to call someone a hater or worse, let me ask you this: If it were someone besides BHO, and they were doing everything possible to block access to such a simple document, wouldn't you question their motives? I know I would.

Dr. Conspiracy - You've missed the point for 98% of us. If he produces the document I go away and lick my wounds until 2010 when we start throwing these bums out D or R. Until he does 98% of us have real concerns. Most of us would say he won a fair election and we live peacefully with the results until next time. Don't be so sure that even if Orly Taitz's case gets put to bed that the issue will go away. It is a festering sore than Obama will have to address. The tide is rising against him and his arrogance on the matter. He is not a King and owes the American public some respect and real proof of birth.

In response to "AnonymousWoman", I love the tactic btw spew hate and run under cover of anonymity. If President Obama is a US citizen why won't he just prove it and be done with it? I would suggest you read the US Constitution, merely being born in the United States does not make you a US citizen. The point here is if he is not a US citizen then real US citizens have a severe dilemma on our hands.

Orly Taits is not with the COLB issue. She hops on anything that will lend credibility to the MIAC Report. She has simply decided to attach to the bither crowd because she can combine racist and right wingers to achieve the findings in that report. She is helping dismantle civil liberties by pretending to be concerned with Constitutional issues. Hell, she organized a "Hooray for Israel" rally to show support for Israel's raid on Lebanon.

"The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." .... "I no longer need to run as a Presidential Candidate for the Socialist Party. The Democratic Party has adopted our platform." --Norman Thomas, perennial Presidential candidate of the U.S. Socialist Party (1944)

"Where once a tyrant had to wish that his subjects had but one common neck that he might strangle them all at once, all he has to do now is to 'educate the people' so that they will have but one common mind to delude." -- Richard Mitchell (1929-2002) Professor at Glassboro State College, NJ, author, founder and publisher of The Underground Grammarian

"I believe that if the people of this nation fully understood what Congress has done to them over the last 49 years, they would move on Washington; they would not wait for an election... It adds up to a preconceived plan to destroy the economic and social independence of the United States!" -George W. Malone (1890-1961) U.S. Senator (Nevada) 1957 Source: speaking before Congress --And he said that exactly 50 years ago.

If you voted Obama, you lost!

The article ignores so many significant details of the case. Not only did Obama and his lawyers fail to appear as per being served notice, which wasn't mentioned by the LA Times, but no mention is made that Obama has never produced, to qualify as POTUS, the hospital generated birth certificate from hospital of origin. What Obama presented to the public was a government issued and generated Certificate of Live Birth which any foreign born person can apply for late, or have amended. Hawaii statute 338-17.8 gives CoLB's to foreign born persons and states Hawaii as birth place.

What I've always found very interesting is the following:

- The FIRST Opposition to BHO came from DEMOCRATS and Republicans NEVER made this an issue because it truly is a DEMOCRAT problem if they put a usurper in the POTUS, then the entire SENATE & HOUSE DEMOCRATS stand to lose all credibility and could be tried for treason

- Hillary's Chief of Staff of her election campaign was personally pushing for the disclosure that BHO is not a real citizen, so Hillary stays in the race until she secretly meets with BHO, resigns the race and subsequently gets SOS position, drops the ‘birther problem’ that she was personally pressing for….

- No Senator or Congressman has ever admitted seeing BHO's birth certificate. Only fakecheck.org, which was funded by the Annenberg Foundation that BHO personally sat on the Board of Director’s for…conflict of interest, anyone?

- Hawaiian officials have never said they have a valid HI BC on record, only that they have a BC on record in accordance with 'state guidelines'....

- BHO personally admitted to Alan Keyes in the IL Senatorial Race / April 2004 debate regarding the fact that he wasn't a NBC because 'it didn't matter that he was a NBC, bec he wasn't running for President, anyway..."

- BHO NEVER had a US Passport prior to his Senate confirmation and then he was only given a DIPLOMATIC Passport, that does not confirm his original birth, nor has it actually been released.

- 50+% of Democrats know that BHO is not eligible, and all of these nah-sayers are just stooges for BHO

- Who are the haters again? DEMOCRATS leading the CHARGES against BHO? I really hope the DEMOCRATS are able to either clean house…or keep ‘the people’ duped for four years….oh wait, us DEMS are supposed to be much more enlightened then those red-neck hick REPUGS…LOL, what a joke!

Wow, sounds like a house-cleaning is coming and none to soon....I can’t wait to get some integrity back into our Party, this things stinks to high-heaven!

stop conspiracy is such an idiot. How do you live with yourself. It's so sad how dumb you are. McCain isn't President. Why would we worry about his citizenship. We have every right to know if BO is a citizen. He is the one that said he wants transparency. What's the problem-show the real long form birth certificate. He is spending trillions of our dollars and he isn't reading the bill. We need to know if he is legitimate.

On behalf of the reality-based Orange County community, I wish to apologize to the President of the US. I know you are busy trying to solve a lot of bigger problems...problems caused by prior Presidents. Please, don't take your eye off of these problems to focus attention on some who cannot possibly believe that you are President - refuse to believe it. You could present videotape of your birth at Pearl Harbor, and there will be many who will question whether the tape was doctored.

That's the way it is. Sad, but true. I'm sorry.

Since the COLB is proven fake, and document fraud and a felony I think we should arrest Joe Gibbs , start there he said "we put it out" and then Gov. Lingle , and then Dr Fujiwhater his name is - Someone will crack

I put my money On Gibbs to crack first

Since it is a federal crime Obama should be placed in Leavenworth Kansas. poor Michelle, no more hoi poloi
President Fraud and Vice President deceit


To you that THINK Obama is an American or IS eligible to be president, let me assure you that you are WRONG. I have researched this EXTENSIVELY. First of all, you are CORRECT that McCain was NOT eligible EITHER. He is NOT a natural born citizen. He was born in a foreign country, PERIOD. Canal zone not U.S. territory, NEVER WAS. McCain is a citizen though by his birth parents and by statute passed for Canal Zone Americans. He was NOT born on a navy base and it wouldnt matter anyway. Parents in military, again doesnt matter. LOOK IT UP, I did.
Obama, absolutely NOT a "natural born citizen" article II, section1, clause 5. His father was a BRITISH citizen when Obama was born. That's it. He could be born in Hawaii and it doesnt matter because his PARENTS HAVE TO HAVE BEEN CITIZENS WHEN OBAMA WAS BORN AND HIS FATHER WAS NOT. Technicality you say? It's only the CONSTUTION. His mother was not of legal age to pass citizenship on to Obama if he was not born in Hawaii which is in doubt. The so-called birth certificate that WAS online is a FORGERY. Google it. It is from 2007 for gods sake. Let's see the one from 1961? It is VERY likely that Obama is NOT a citizen AT ALL. That we have an illegal alien as our president. But in any case he DOES NOT MEET THE REQUIREMENTS OF THE CONSTITUTION FOR PRESIDENT. He just doesn't.

I AM SICK OF YOU WHITE AMERICANS, WHO JUST CAN'T STAND THAT A BLACK/WHITE MAN WON>


SHUTE UP ALREADY, AND START ACTING LIKE ADULTS.

HE;S BLACK AND OUR PRESIDENT LIKE IT OR NOT. IF THE GENTLEMEN DOES NOT WANT TO SERVE UNDER HIS COMMAND, THE GIVE HIM A DIS-HONERABLE DISCHARGE AND LET HIM GO.

Actually now when looking at that clause there could ONLY be a few scenerios all together that would make him unqualified.

Let's say he wasn't born in Hawaii and was born somewhere else but became a U.S. citizen, he is still qualified to become President IF he has been a resident 14 years.

BUT if his mother and father have not been residents in the US physically for 14 years AND when he is born, he is born not in the US and never gets citizenship or doesn't have citizenship and physiclally lived with in US for 14 years before POTUS.............then NO POTUS

that's how I read it..... seems far fetched to me.

BO is an illegal alien. The lunatic Holder should be prosecuting him for illegal trespass and deporting him or at least sending him to Guantanamo Bay. His father was British and his mother was underage and could not pass citizenship. He in no way qualifies under the Constitution to be POTUS. A birth certificate would only confuse the issue if he had individuals listed on the document who he had not mentioned. Additionally, McCain was questioned about his birth. For the record, NEITHER candidate was qualified to be POTUS. We as citizens of this great country should be outraged by the arrogance of the current group of politicians who ignore our rights to their line their pockets. Lastly, to the individual who said he could not produce his birth certificate. You obviously have nothing and travel nowhere or are lying to make a point. EVERYONE born in the United States is required to have a birth certificate, no exceptions. What are you trying to hide?

I'm as surprised as everyone else that Ms. Taitz was able to get Judge Carter to rule to move this case forward. Like many of you, I too wish for this Constitutional question be resolved once and for all and sooner rather than later.

Also, like many of you I have followed this drama since it first started to unfold nearly a year ago. I am a Dem. I am not racist. I want the truth. That's it. Name calling or fingering the R's with pushing for the truth about this very serious issue only shows your lack of understanding about the laws that govern our society. I'd ask you to stop but know better. Name calling seems to be what many of you do best.

There are a couple of items posted that are inaccurate in nature, and I'd like to be afforded the opportunity to clear them up.

First, because Barack Obama Sr. was a subject of the British Crown at the time Barack Jr. was born, Barack Sr.'s children, all of them, became subjects of the British Crown. Barack Jr. has stated this very clearly on his former "Fight the Smears" website which has since been srubbed. If you wish to read what his campaign wrote visit just about any blog covering this story and you can pull it up and read it with your own eyes.

What this means is that Barack Sr's loyalty lied with the Brits. Ann Stanley Dunham, Barack Jr's mothers, loyalties lie with the USA. When Barack was born to these two individuals he became a citizen of the US by virtue of his mother's citizenship AND a subject aka citizen of the British Colony aka Kenya.

This status of citizenship is known as "Dual" citizenship. Note: some argue that if Barack Jr was born in Kenya then his mother was to young to pass on US citizenship, hence, why folks want to see his original vaulted long-form birth certificate.

To complicate matters further, Barack Obama Jr was adopted by an Indonesian citizen named Lolo Soetoro. If he was adopted under the age of 5 he would have automatically become a citizen of Indonesia regardless of a legal adoption. Note - the US gave deference to sovereign territory laws regarding dual citizenship, ie., American and Indonesia or British and Indonesian, etc. Indonesia, at that time, did not recognize dual and only recognized Indonesian citizenship. Therefore, Barack Jr through adoption became an Indonesian citizen. No, he did not ask for this but as a minor child he was under his parents guardianship.

If Barack Obama Jr. went to Indonesia at the age of 6 he would have had to have been formally adopted by Lolo Soetoro in Indonesian court. The citizenship status, as noted above, would still apply.

Now, we already know that Barack, by birth, was a dual national, British and American, which means he can only be a "native" citizen, that is, if he was born in Hawai'i as he has stated AND if when he returned from Indonesia he applied for and received his status as a naturalized citizen. If he did not apply for naturalization then he is an illegal alien. Few question whether he didn't apply for naturalization but there is no record of it to date so it cannot be ruled out.

Our Founding Fathers made it clear in Article II of the US Constitution that the President must be NOT may be a "Natural Born Citizen" for a reason. They wanted this leader to have loyalties ONLY to the USA rather than divided loyalties such as the USA and Britian - remember these good men gave blood and treasure during the Revolutionary War to secure freedom from the British Crown. They did not want the leader of this country to be loyal to any other homeland.

The definition of a "Natural Born" citizen is two "natural born" parents of the USA. It's nothing more complicated than this. For example, someone below stated their family dwelled in Virginia and had roots that went back to the 1600s. If you were to marry another natural born individual and the two of you had a child in the USA or abroad at a military base or embassy your child would be a NBC.

Barack Obama Jr., by birth, never had the citizenship status of a "natural born" child and is therefore ineligible to serve as the President of the USA according to the laws that govern our nation.

Now if you want to direct your hostility to the appropriate parties who looked the other way then please look no further than the DNC, Howard Dean, Nancy Pelosi, Harry Reid, Ted Kennedy, John Kerry and Diane Feinstein. These are the culprits who signed off on the eligibility documents required by individual state's Board of Elections. The Party is the sole determiner in vetting their candidates eligibility. No federal agent is required by law to vet said candidates.

Barack Obama Jr is by definition under our laws a "native citizen" AND NOT a "natural born citizen". This is fact as he has clearly stated himself. Because people are scratching their heads and saying to themselves this guy isn't eligible doesn't mean we are racists or any other derogatory name some of you wish to hurl. If we look the other way and dismiss this then why should any citizen obey the law? Furthermore, we should not be setting a precedent for anyone to be ABOVE the law either. My goodness, if Dems look the other way what makes you think the Reps wouldn't try to pull the same charade. Think Jindal.

DR Orly was interview last night on the Plains Radio Network. You can hear this interview replayed at 6 pm central tonight. come to www.plainsradio.com/radio.html and list to her interview. If you really want the truth, then come and hear it.

Actually, what Obama produced was NOT a government produced document. Hawaii has never released any of Obama's documents. What Obama posted on the web was actually a forged document made to appear similar to what Hawaii might produce if a COLB was requested.Experts determined it was absolutely forged. Funny, Hawaii knows they did not issue it but yet they sit back and say nothing.

And finally, to Anonymous...where do you get your facts? It is clueless brain-dead Obamatards like you who make America a perverted place. Oh..Obama told you he was bornn in Hawaii. Let's see, so far. everything Obama has ever said has turned out to be a lie. He has even been on the record as having said he was born in two different hospitals. That's a real trick, born at the same time in two different places!

People like Anonymous should never get into political discussions because they make themselves look dumber than a stump with their lack of any real information other than the propoganda they hear. Hey Anonymous...let's hear about Global Warming. If Al Gore said it was sunny outside, you better grab an umbrella. You people are a pathetic joke.

you want to know why obama doesnt release his "real" birth certificate?

he likes watching you squirm. he likes watching the veins in your foreheads swell to bursting with anger. he likes giving you some of your own medicine. you know, the kind sane people had to choke down the last 8 years.

squirm. raise that blood pressure. make those sweaty faces beet red with rage.

the majority of america is enjoying the schadenfreude.

If you can't acknowledge the President of the United States, then leave the country. We don't need traitors like you.

I'd love to read what the U.S. Constitution says about this. Too bad Bush ripped it in half during his years in office!

Where is McCain real birth certificate? Why did he lied about where he was born at? Is McCain an illegal immigratant who's running the senate floor?

I am so sick of Barack Obama, et al - being above the law! If anything, a President of the USA should be held accountable and be a symbol of Law for America.

The Courts should be - should have been demanding that B. H. Obama submit his long form birth certificate before he was considered a presidential nominee.

This is beyond any words I can write to express how I feel.

I understand that there are no records of Obama's Mom being in a hospital in Hawaii during this period of time. Where did she deliver Obama? Kenya!

 
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