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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)

By the time of their inauguration, the President and Vice President must be:

* natural born citizens (or citizens at the time of the Constitution's adoption)
* at least thirty-five years old
* inhabitants for at least fourteen years of the United States.

The Twenty-second Amendment also prevents a President from being elected more than twice.

Obama could and would have put this bug hunt to rest long ago.......if he could. His grandmother unequivocally stated he was born in Kenya, He has attended muslim schools in Pakistan and Indonesia. He has at least four names of a.k.a.'s

No medical professional will attest to his birth in Hawaii. He has no sealed, validated and true birth cert., his staff did post a non-official short form document.......no doctor signature and no seal.

No on seems to recall seeing Obama at Occidental, Columbia or Harvard..........no one but a few professor's. This man is truly a ghost...........and that is no accident.

I'm glad the LA Times published at least some of the truth about this court hearing. Dr Taitz circulated comments and E-mails around the web that are false. Its a shame that already gullible people like the birthers are taken advantage of by phonies with wild stories.

Here's a list of the wild claims Dr Taitz is spreading:

1. There will be a trial.
2. It will be heard on the merits.
3. Nothing will be dismissed on proceedural (sic) issues.
4. The trial will be expeditious, and the judge pledged to give case priority.
5. Being a former Marine he realizes the importance of having a Constitutionally qualified POTUS/CINC.
6. Judge stated that if Obama isn't Constitutionally qualifed (sic) he needs to leave the White House.

I knew right off that at least one of these is a lie. A judge can't promise not to dismiss a case on procedural issues before procedural issues are heard. And if the case has a valid procedural reason to be thrown out, the judge is obliged to dismiss it.

Those birthers who are flooding the thread with myths of birtherism should stop and think for one second if possible. Dr Taitz just lied to all her followers. Shouldn't birthers double check what they are told to believe and have some healthy skepticism?

Where's The Birth Certificate????

230 hundred plus years and a black man will be blamed for the destruction of America. The Rodney Kings of America are waiting to burn the USA to the ground. They will put a New Orleans type of hurt on all of America to keep their devil in office. I praise God that I am Mathew 24:24 and i can see. Barry Soetoro AKA bho will be arrested within 60 days and all of his supports should be water boarded until they realize only Americans can be the president of the United States of America.

long long over due and i hope that this judge seeks the truth and not owned by obamas political engine like the rest

long long over due and i hope that this judge seeks the truth and not owned by obamas political engine like the rest

In response to "sickandtired", How dare you claim this is about race. This has nothing to do with color!!! Obama is NOT an American, nor does he act like his allegience is with America.
Actually, I like Alan Keyes, and I would vote for him in a heartbeat!! That kind of destroys your little theory, doesn't it??

I have some comments regarding things that have been written here:

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

Funny, but that's what you people said you would do if President Bush beat John Kerry in 2004. Leave the country.

"
Obama's mother was a citizen. According to civics understood even by schoolchildren, that makes him one as well regardless of where he was born (and the credible evidence ALL says it was Hawaii). And if the courts were, against all reason, to declare otherwise:"

The law reads to the effect that an American adult can convey American citizenship to a newborn if that adult was 19 years old. When Barack Obama popped out of the oven, his mother was only 18 years old. So, based on this aspect, Barack would not legally be a "natural born" citizen.

If I'm compelled to provide an unabridged vault copy of my birth certificate to obtain a military or civilian security clearance, why shouldn't the same be required to occupy the oval office? Come on, this is a no brainer. I'm amazed we're even having this discussion!!!

Danny Howerton writes: "By the way, I would like to see a copy of Alan Keyes' birth certificate along with certification of the certification of any exams he has undergone to prove his fitness to move around in society without strict medical supervision."

Gee, if proof of physical fitness to move around in society without strict medical supervision is required, wouldn't that have substantially reduced the Presidential tenure of FDR?

FYI -

Regarding (one of) the other lawsuits of Dr. Taitz's...


Major Cook's orders to deploy have been REVOKED!

Hmmmm....

If I'm compelled to provide an unabridged vault copy of my birth certificate to obtain a military or civilian security clearance, why shouldn't the same be required to occupy the oval office? Come on, this is a no brainer. I'm amazed we're even having this discussion!!!

Get a life!

His mother is an American and so is he, by virtue of the constitution and our laws. Even if he was born in Kenya, or on the moon!

I have 2 children born to a Thai mother in Thailand and we filed for both a document called "The Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) - form 2029" and then received a US Citizen birth certificate equivalent. .

For those that want to see the details of this legal and justifiable action that takes place around the world on a daily bases go to: http://travel.state.gov/law/info/info_609.html .

Case closed and so lets get back to the job of government and let Mr. Obama do his job along with the courts!

Brad Kenny
Phuket - Thailand
A Republican living abroad.

Roger

You don't have a birth certificate. I suggest you go to your city hall and get a copy. The city you were born in has an origional copy.
SEMPER FI
GOD BLESS AMERICA
DEATH BEFORE DISHONOR

Why is Obama hiding his birth certificate. Probably because he knows he is an illegal alien and it would prove he was born in Kenya. I would like to know how he snuck into this country. He should be deported back to Kenya!

Too many Obama apologists look to the Certification Of Live Birth as absolute undeniable proof that Barack was born in Hawaii.

Just the facts about Barack's so called "PROOF":

(1)-The jpeg picture on the internet states that the certification is prima facie evidence when presented in a COURT PROCEEDING.

(2)-Factcheck.org is not a US court and so it lacks the subpeonae power to verifiy IF the Certification is is a valid document and whether the information on the certification is correct or not.

(3)-Hawaiian privacy laws prevent government officials from disclosing information contained on vital statistic documents, so any alleged comments by Fukino cannot substatiate whether the Certification is valid or not, etc.

(4)-Barack being a Havard educated attorney knows that even the primary source document , his long form BC, must be presented in a court proceeding to unquestionably establish whether he was born in Hawaii or not.


Lastly it doesn't matter whether or not he was born in Hawaii or not because natural born citizenship is only required for the office of president and Barack lacks this status because
of reason number five:

(5)- Natural born citizenship status requires that Barack be born with BOTH of his parents being citizens and he born on US soil to be considered a eligible to be president of the US.
He fails in the citizenship of both parents and may not even be a citizen if he wasn't born in Hawaii(Which hasn't been legally established.) !


d2i;your explanation and defense were both accurate and eloquent
Thank you
WWWW

Nathan

What Obama produced was a certification of live birth all that states is you exist. Even the courts in Hawaii do not accept a certification of live birth as proof of being born in Hawaii

SEMPER FI
GOD BLESS AMERICA
DEATH BEFORE DISHONOR

I'd like to see BHO's birth certificate. I just assumed that he already produced it as a point of proceedure.
If he is in violation then we need a new election.
Wouldn't that be a hoot?

Never mind his birth. If he was not native it would have leaked by now. I believe you would find our prez got money for school as a forgien student and some of his writings are radical or shows hate of sort. Even if he is a blood citizen, the records would cripple his loyalties. If he got ordered to give or even volenteered his B.C. his school records would have to follow. If they did not, he would look even worse. HIDE THEM ALL!!!!! Why else would he have all the council??? In many ways I think Obama means well and does well. But the law is law

FactCheck.org needs to check its facts.

At this link:
http://www.factcheck.org/elections-2008/born_in_the_usa.html

Although they say that the pictures are of his BIRTH CERTIFICATE, they are NOT!!!

That is his CLB, certificate of live birth, which is NOT a birth certificate. It can be issued after the birth and ammended, but FactCheck fails to mention that. But here's the kicker. Zoom in on the picture of the CLB. What do they indicate is BHO's fathers race?

If you look you will see it says, "AFRICAN" Was "African" a government recognized RACE in 1961? I don't think so!!!

It was negro, remember? It certainly was NOT, nor ever has been, "African."

In order to be President, you must be a citizen, you must have NOT given up your citizenship to be hold another citizenship in a foreign country, and you must be NATURALLY BORN!!!

And that's right, McCain was ineligible to be POTUS also.

It's real simple, anyone can do it. Spend the $5 and get an official copy of your BIRTH CERTIFICATE!!! But I bet you don't have one to copy, do you? Apperantly, the press in Kenya believes you were born there as they hailed your return to your "place of birth" when you showed up there.

To those who think this whole thing is meaningless and litered with a few sore losers to an election I ask:

What are you afraid of? And why do you think the loyalty standards of POTUS are of a higher degree of measurement than any other office in the land?

You answer the first question, and I'll answer the second for you.

Once again, as always, it's a liberal who brings up race. FACT Alan Keyes filed the suit - WHAT RACE IS HE?

Next, stop blaming Bush for everything - he inherited a mess too!!!! And Obama has been Prs for 6 months now - it's his mess!

It's a matter of law PERIOD.

If he wasn't born in the US, he can't be President - it doesn't matter if his mother is or not!

And lastly, if you're going to post in forum, how about learning how to spell and proper grammer for God sake! Yes, I said God - sue me!

Now if they could only find a lawyer who could figure out to serve the papers, so that the court has jurisdiction to hear the case....

If they don't, it will be thrown out. What the judge said was that he would hear the case if they could manage to overcome the procedural defects in their case.

Attorney Taitz could look up the procedure in Wright and Miller or Moore's, or a dozen other sources.

If she knew where the libary was.

Gross malpractice!

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

If you can't acknowledge or uphold the Constitution, which is the law of the land, then leave the country. We REALLY don't need traitors like you!

 
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