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Wednesday, October 28, 2009

WILL JUDGE DAVID CARTER IGNORE THE CONSTITUTION? I DON'T THINK SO

UPDATE: BOY WAS I WRONG ABOUT JUDGE CARTER IN THIS ARTICLE!!!!!



FORMER PREZ JIMMY THE IDIOT CARTER STARTED ALL OUR CHALLENGES LEADING TO THIS TODAY AND JUDGE DAVID CARTER, MADE SURE IT CONTINUES TO THE DESTRUCTION OF OUR CONSTITUTION AND OUR WHOLE COUNTRY!



CALM, REASONED  VIEW  (DUAL VIDEOS) AT THE END HERE BY ALAN KEYES, EXPLAINING WHY HE IS ASKING JUDGE CARTER TO HELP ESTABLISH LEGALLY, BY AN EXAMINATION OF SUBSTANTIATED FACTS, (ON THE MERITS) THAT OBAMA HAS ELIGIBILITY TO RESIDE IN THE WHITE HOUSE - WHATEVER PROVES TO BE THE ACTUAL RESULT.

This information about Judge Carter's new Legal Clerk has heads scratching BUT they may not know Judge Carter as well as I THINK I do:





And now that we learned last night that White House Communication Director Anita Dunn's HUSBAND, Robert Bauer, is going to become the White House's Chief Legal Counsel — the SAME Robert Bauer who is Chair of the Political Law Group of Perkins Coie with whom Siddharth Velamoor is also a MEMBER not partner — well, all of the other pieces regarding the Obama v Keyes case and Siddharth Velamoor's placement as a Legal Clerk with Judge Carter (who's likely unaware of the conflict-of-interest) are coming together now.



If you believe Judge Carter to be an honorable man, a patriotic Marine, who swore an oath to defend the Consititution and a solid member of the federal judiciary, who has faced death threats when he undertook a case against the highly LETHAL Mexican Mafia, then you will also believe that he would not

allow the Founding Document to be shredded by anyone for any reason.



On that basis alone, public reaction that he hired an "enemy camp" person  for his team and thus created a conflict of  interests - or lack of impartiality toward Alan Keyes and Orly Taitz or Gary Kreep and their clients, does not ring true.



Even with the obvious consideration that he has been pressured into finding a way out for himself and chose this "conflict" one to recuse himself at a later date.



Or, as many fear, be so influenced by a junior, "opposing camp" lawyer that he dismisses the case.



Here is a more honorable analysis for his action:



1. He wants to ensure that his decision is NOT tainted by any accusation of bias against Obama on appeal by either side. Specially the Obama lawyers.



2. With the enormous import of this decision to try the case on its merits, he needs to :



a) Get his legal facts straight as far beyond challenge as anything can be.

b) Get an experienced political law thinker to do the research that the Obama side would use. (The new law clerk would function as this "knowledgeable" person).

c) Use the research to balance or offset his own forming conclusions.

d) Find contradictions or conflicts, if any, to the research he is provided by the new Law Clerk  by tasking other sources to examine and confront them.

d) Provide himself with a bullet proof logic for whatever decision he reaches about dismissing or not dismissing.

e) With that solid footing to do what needs to be done for the country according to the Constitution. Not politics.

f) Without fear of consequences such as Obama supporters rioting.

g) Without  fearing the temporary political chaos of defending the  Constitution, requiring straightening out of laws and orders, appointments etc.

h) Nor concern that many, like Pelosi or Reid might be felons alongside Obama if the jury decides he is ineligible and perpetrated fraud on the nation with their assistance of negligence.



NOTE: He is NOT obliged to simultaneously pursue Quo Waranto (removal of Obama) in the primary case which would serve ONLY to establish eligibility. The next step, which might have to be filed in Washington D.C., could be step two and dealt with as appropriate.



3. The final chapter would be to try to legally PREVENT Obama pardoning himself nor Joe Biden, or Pelosi or anyone in the chain of succession  doing so if acting as President. The reasonin/logic would be that they were co-conspirators (willing or unwillinig) of Obama's and illegible to do so.



Would you not prefer Judge Carter took his time, used his expertise as a complex case judge, used the political research experience of his new Law Clerk as a foil to the opposing side and arrived at a decision he can defend as just, even handed and viable instead of  hurrying and dumping the case off the cliff?



Meanwhile, a look back at what went on October 5th, 2009 i sdescribed by this misive from Gary Krep, who whule trying to take al the credit, does present the case situation fairly well:



From The Desk Of Gary G. Kreep



Dear Friend of the Constitution,



Barack Hussein Obama is not happy! When his taxpayer paid U. S. Department of Justice (”DOJ”) attorneys walked into court on October 5, 2009, expecting United States Federal District Court Judge David Carter to immediately dismiss the birth certificate case, he did not get his way! Their legal arguments were hollow and unconvincing. and after hearing hours of argument, Judge Carter “took the matter under submission.” He has still not issued a ruling, 14 days later!



According to the DOJ Attorneys: The President Is Above the Law and the Courts!



The DOJ attorneys told the Judge that no Court in the United States had the right to rule on whether Barack Hussein Obama was eligible to serve as President of the United States! In their view, he could only be impeached and/or disqualified from the Office of President under the 25th Amendment to the U. S. Constitution.



THIS IS NOT TRUE! As USJF pointed out to the Court, both in our pleadings and in our oral presentation at the hearing, both the impeachment statutes, and the 25th Amendment require a sitting President. However, if Mr. Obama is not eligible to serve as President, he could not be, and never was, a sitting President, so those options for removal could not apply. Therefore the courts would have jurisdiction.



Monday, October 5, 2009, , at 8:30 a.m., in California, was a critical milestone for our entire legal and public relations effort to force Barack Obama to produce his birth certificate, as well as other documents, to prove whether he is eligible to serve as President of the United States. And with your support USJF was able to be there to argue the case.



This case has an excellent chance to survive the Department of Justice (”DOJ”) motion to dismiss, and it what has proven to be the best chance for America to have a hearing on the merits on this critical Constitutional issue.



What happened that day in Court? It’s very simple—the DOJ attorneys brought up every argument that they could to try to persuade the Court to dismiss this case



USJF provided sound legal arguments against all of the DOJ legal theories, and we were the only ones to do so; otherwise the whole case could have been over right then and there! The USJF oral arguments at the hearing may well be the difference between this case surviving or being dismissed.



The Judge raised issues critical to our case:



1. Did U.S. Senators question the eligibility of Mr. Obama? (Only USJF was able to tell the Court that Senators Coburn and Shelby and a number of House of Representative members had done so.)



2. Were objections made by Members of Congress when the vote of the Electoral College was certified? (Only USJF was able to tell the Court that NO, then Vice-President Cheney had not performed his required duty of asking for objections, so there could have been none raised.)



DOJ attorneys also argued that only Congress, and/or the Electoral College, could decide on the eligibility of Mr. Obama. Fortunately, the USJF legal team, and only the USJF legal team, filed pleadings pointing out that the DOJ legal arguments in this regard WERE WRONG! And, I was there to argue against those false claims.



People at the hearing and those who have found out what happened there since have been contacting USJF, thanking us for standing up for the truth!



But the fight is not over yet! We expect a ruling from the Court any day now. If we defeat the dismissal motion, then we’re immediately filing pleadings (”discovery”) seeking Mr. Obama’s birth certificate, his college records, and much, much more. AND, we’ll be seeking to depose Mr. Obama ASAP!



And if the Court grants the motion to dismiss, we’ll be immediately filing an appeal of the decision!



Judge Carter has set a trial date of January 26, 2010 in this case. To keep that date, we need to defeat the DOJ dismissal motion, and then, IMMEDIATELY, move right into the discovery phase discussed above. WE WILL NEED TO:

Retain attorneys in Washington, D. C., to take the Obama deposition.

Retain attorneys in Hawaii to take the deposition of those in control of the Obama birth records and school records.



Take the deposition of Occidental, College officials to obtain Obama school records.



Retain attorneys in Massachusetts to take the deposition of Harvard. Law School officials to obtain Obama school records there.



Pay the cost of the court reporters for all of these depositions. Plus,

Pay the cost of serving the subpoenas on the various witnesses.



We expect the DOJ, as well as Mr. Obama’s private attorneys, to fight us every step of the way! Mr. Obama’s attorneys will file motions to block the depositions in each and every state, and the District of Columbia, trying to block us from obtaining the truth at every turn !



Question the issue of the passport files of Mr. Obama! We’re going after the records of how he traveled abroad without a United States Passport in the 1980’s, as he admits doing.



Question the issue of his alleged adoption by his step-father in Indonesia! We’ll be seeking records about that also!



Resolve questions about his Selective Service files! We’ll be seeking records concerning that also!



But, first, we have to get past the DOJ dismissal motion!



The DOJ’s motion to dismiss also claims that our clients have no “standing,” and that the matter is “political.”



But, if we as citizens of the United States have no “standing” to verify the citizenship of the man occupying the White House, who does? If our Federal Courts have no jurisdiction to hear this case, who does? It’s not a “political” question, it’s a CONSTITUTIONAL question!



Last November, people said we were crazy to pursue this issue. Now, we’ve been shown to be right in our pursuit of the truth. It’s not just the original birth certificate that they’re refusing to release.



Barack Obama’s legal team has spent, according to published reports, over $1.4 million dollars so far to STOP anyone from seeing ANY of his actual identification documents, and many other documents.



WHAT is Barack Obama trying to hide? WHAT is he afraid of? WHY doesn’t he just release these documents to prove if he is a natural-born citizen and therefore qualified to be president — especially his actual birth certificate?



When Barack Obama officially entered the office of President, he became, in essence, apparently, a “pretender to the throne.” According to the Constitution, only a “natural born citizen” can occupy the presidency.



Even though he was sworn in on January 20, 2009, Barack Obama is NOT legally the President of the United States, unless he can prove that he is a “natural born citizen.”



What’s more, every action taken by him while he occupies the White House may be invalid. If he cannot legally be President, every law passed by Congress will be null and void because the Constitution clearly requires that all laws be signed by the President... and, without a legally elected and sworn in President in office, that becomes an impossibility.



This Constitutional crisis must be ended! And it must be ended NOW!

And that’s just what we’re fighting to do. The United States Justice Foundation is spearheading a campaign to protect the United States Constitution... and your liberty.



We have to press our case to stop Barack Obama from, apparently, illegally holding the Presidency, despite the ongoing threats against us. We are speaking of filing additional lawsuits and administrative actions, over and above the dozens already filed, if you will help us today.



Are you willing to see the Constitution shredded by the Left? Will you sit back and do nothing while a foreign-born person may be illegally occupying the White House as President of the United States?



Our country is on the fast track to disaster. This is the biggest political cover-up in American history! It would be so simple to release the documents to PROVE Obama is a natural-born citizen… IF THEY HAD THE DOCUMENTS!



America has never before faced such a threat. Everything we hold dear is at risk with Barack Obama sitting as President without him releasing his actual birth certificate, plus the dozens of other documents that he refuses to produce.



Please remember that we are fighting in the California Appellate Court system.



Barack Hussein Obama thinks he can get away with DUPING the American people and DESTROYING the U.S. Constitution.









1 comment:

  1. JUDGE CARTER IN A NUTSHELL: Expanded Orly Taitz default judgment case against CANDIDATE Obama for fraud into a Presidential Removal case against PRESIDENT Obama (promising a trial), but then ruled the Court lacks said Presidential Removal authority, not only dismissing the Judge-expanded Presidential Removal case (reneging on the trial), but throwing out Orly's Candidate fraud case as well -- all this on a red herring that Orly's case was filed 1/20/09 after Obama was sworn in on 1/20/09 despite Obama was sworn in on 1/21/09 and despite the Orly-alleged fraud was committed by Candidate Obama prior to becoming President and for which there is no Presidential immunity in any case. Thus Judge Carter set up and knocked down his own straw man, and misstated fact and law to bury Orly's actual case. Pretty nifty!!!

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