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Keyes v. Obama: Judge Agrees to Move Case Forward

In what is sure to be a rhetorical clash between the “birthers” (referring to those who think that Barack Obama is not eligible to serve as President) and the “illegitimizers” (a term I coined for those who castigate anyone who questions the President’s eligibility), Judge David O. Carter has agreed to move Dr. Orly Taitz’s Keyes v. Obama case forward to a point where a decision can be made whether or not to hear the case. Originally, Dr. Taitz had said that the dispute is over the way she served notice of the lawsuit to Mr. Obama.

Dr. Taitz’ Motion for Entry of Final Judgment by Default can be found here.

One of the Plaintiffs in Dr. Taitz’ cases relayed the following to myself and a number of other individuals:

Just got off the phone with Orly Taitz, the attorney in Keyes v. Obama.

At the hearing today at the Federal Court building in Santa Ana, Judge Carter said the following:

1. There will be a trial.
2. It will be heard on the merits.
3. Nothing will be dismissed on proceedural 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 he needs to leave the White House.

The DOJ will be involved with the case also…. I wasn’t clear if they would be trying to get to the truth or they would just be blindly representing Obama.

Orly will be adding members of the military from California as plaintiffs also.

This is from what my interpretation of our conversation.

Orly, asked me to disseminate this information out for her, she will be doing a posting later after she gets some sleep.

Please say a prayer of protection for Orly, her family, and Judge Carter. Please also pray that the truth will come to light regarding Obama and justice will be done.

However, a concerned citizen and non-“birther” (for lack of a better phrase) friend of this site with connections in the legal community relayed the following to me…

Phil:

At today’s hearing in Keyes v. Obama, Orly did not obtain the default judgment she was hoping for, nor did she get discovery. Judge Carter, agreeing with the United States Attorney (who had filed a Statement of Interest), found that Orly did not have proper service on Obama. Per the court, service must be achieved under Rule 4(i) because Obama is named a defendant as the result of the office he holds. In other words, the court rejected Orly’s argument that Obama could be sued in his individual capacity.

The court granted Orly another opportunity to serve the Complaint properly, and suggested that she and the Assistant US Attorney simply go downstairs to the US Attorney’s Office and serve the US Attorney. This means that a response to the Complaint will be due in 60 days. The Assistant United States Attorney agreed that the United States will not seek any extension.

Bear in mind that a responsive pleading may be an answer to the complaint OR a motion to dismiss (lack of jurisdiction, lack of standing, failure to state a claim, etc.).

Here is what WorldNetDaily reported about the case’s status:

According to attorney Orly Taitz, who is working on multiple cases alleging Obama is a “usurper” because he doesn’t meet the constitutional requirement that only a “natural born citizen” can be president, U.S. District Judge David O. Carter ruled in a hearing today that her case will move forward.

The hearing was on her motion for a default order against Obama, because although Taitz said she notified him of the action, Obama’s attorneys did not make an appearance.

Her complaint was filed against the president on Jan. 20, the day of his inauguration, over his actions before he became president.

Taitz has told WND if her motion for default is granted she immediately would request access to Obama’s birth records and other documentation that could determine his eligibility to occupy the Oval Office. …

She told WND that at today’s hearing, the judge issued no orders, but promised that the case would be moved forward and he would address the merits of the dispute. He said there would be no dismissals based on “procedural issues.”

The judge said as a former Marine he recognizes the importance of having a constitutionally qualified president.

While no attorneys appeared on Obama’s behalf, several members of the U.S. Attorney’s office in California were in attendance, and sought to intervene on behalf of Obama over his actions before becoming president.

The judge ordered them to accept service of the lawsuit immediately and then continued the case to an unannounced date.

Taitz told WND, “For first time, we have a judge who’s listening.”

Multiple WND calls to various branches of the U.S. attorney’s offices in California did not generate any response.

Taitz said she has some changes to make in the pleadings, but she was able to fully explain the reasons for her case.

“He [the judge] heard the whole thing,” she said.

And from the Los Angeles Times (who similarly interviewed Dr. Taitz and a spokesman for the US Attorney’s office) comes this posting:

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

Bottom line? I think the next to last paragraph of the Times‘ story says it best: the case is going to move forward without hindrance to the point that the Judge can make a decision on whether or not the actual case is to be tried. In other words, while the Judge is making sure that procedural issues are taken care of, he must still decide whether or not the case will be heard.

I’ll be updating this posting as circumstances warrant.

Yesterday’s docket:

Docket for CV 09-82

The following is the Statement of Interest as filed by the US Attorney’s office filed before yesterday’s hearing:

Govt Statement CV 09-82

See the following links regarding the eligibility saga:

Phil

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