Barnett v. Obama: Judge Confirms Hearing Dates; Official Transcript Added
Wednesday, October 7, 2009 Update:
On the same day as this posting was originally published (10/5/09), Judge Carter ordered the remainder dates for this case to be finalized, per the Civil Minutes, below:
Dr. Alan Keyes — one of the key Plaintiffs in this case — says on his blog that the case is moving forward and has not been stopped by a motion to dismiss. WorldNetDaily interviewed both the Plaintiffs and the Defense and they also seemed to confirm that no dismissals of any sort have yet to be granted.
In fact, in an interesting opinion, attorney Leo Donofrio states that Judge Carter has no subject matter jurisdiction to hear the quo warranto complaint contained within this case and doesn’t understand why the US Attorneys haven’t grasped this aspect of the case as a means to sink it. After all, as he points out, according to federal statute, quo warranto is only to be heard in the US District Court for DC, the seat of government (which, incidentally, is not a State).
In my non-attorney citizen reporter opinion, what Judge Carter has done is taken the motion to dismiss “under submission” and likely as a part of one of the upcoming dates concerning summary judgment (that aspect of law, per the Conference Schedule, that attempts to ascertain whether or not a trial is needed to satisfy the grievances stated in the petition or whether or not the case should legitimately proceed to trial).
This would mean that the motion to dismiss has been neither granted nor denied, but can still be considered during a future date. Nevertheless, the case is moving forward, and as long as the case moves forward, there’s always a chance that it will continue to summary judgement and/or discovery and/or a trial.
In related news, commenter “reps” brings the following to our attention:
An interesting decision in the Arkansas Supreme Court that applies to Barnett v. Obama and may help Judge Carter with some of the decisions he has to make; an election issue regarding eligibility, subject matter jurisdiction, precedent and after election judicial action. Hopefully Taitz and Kreep will use this in a follow-up to Judge Carter.
The saga continues…
Sunday, October 18, 2009 Update: Here’s the official transcript (via NativeBornCitizen):
As had been discussed on this blog, attorney Dr. Orly Taitz’ case, Barnett v. Obama, hit its next major milestone with US District Judge David Carter making no new motions today except a promise to consider submissions from both sides and making known his concerns for both the Plaintiffs and the Defendants. This was revealed in a transcript of sorts by the opposition forum site, Politijab.com, via the site NativeBornCitizen:
While the above document is a bit long at 33 pages, it is really the 32 page that I found the most informative of the entire document:
Carter then essentially cut off further argument saying that he needs more time. He did not make a tentative ruling today. He wants to consider the arguments that have been made both in the written papers and during the hearing.
He turned to plaintiffs and said, I’m most concerned about standing.
To the defendants he said, I’m most concerned about justicability, correct venue, political question, and how far do the courts go.
He turned back to plaintiffs and said, if I rule against you on standing, I would suggest ways to address that issue in the future.
To the audience he said, your applause has not influenced me at all, one way or the other.
To Orly he said, apparently you’ve encouraged people to call me on your blog. Please discourage the phone calls. They don’t help. It was inappropriate for you to do that. However, it won’t bear on my decision.
He then stated, obviously you’ve had no scheduling conference, but we’ll stick by the dates previously set for now.
He thanked everybody and the hearing ended. [emphases added]
I’ll come back to some of these points in a minute. In the meantime, here’s a collection of sentiments regarding today’s hearing:
- John Charlton at The Post & Email summarizes the day’s events;
- Mr. Charlton also posted an interview with the case’s lead Plaintiff, Captain Pamela Barnett;
- WorldNetDaily posted their interview with one of the eligibility attorneys, Mr. Gary Kreep;
- The OCRegister.com provided relatively reasonable mainstream media coverage;
- The GiveUsLiberty blog sports a number of postings on today’s activity.
Getting back to Politijab.com’s “transcript” of the hearing, I will reiterate once again that The Right Side of Life’s position on contacting a Courthouse for the purpose of attempting to sway any official in any direction is to completely discourage such behavior. While the “transcript” is not an official one, considering the source, it is highly likely to be true to the Court reporter’s official one.
Instead of potentially causing further issues with the Court through political activism within the Judiciary, it is my view that a far wiser and significantly more powerful means of persuasion is prayer. It isn’t glamorous, it doesn’t necessarily provide the instant gratification of an ultimate decision on a moment’s notice (but then again, are you operating on God’s timing or your own? Be honest!), but at least you’ll recognize Who’s really in control in all of this.
Plus, you’ll keep your blood pressure down, it’ll give you a few moments of respite from your daily worries, and you’ll become more focused on what the Main Thing In Life ™ really is. Yeah, I know — the opposition will continue going on about how this case might get dismissed and so forth, but if you’re like me, you really don’t care about that, because this issue is and always has been about much bigger things in life, such as political accountability.
And where does political accountability come from? It comes from a sense of justice and morality that has been bestowed upon us via not only the Constitution but that even greater collection of literature, the Bible.
So, again — do you want to make a difference? Then get praying. Then think about what what skills and talents you have and start taking that first step, on faith (based on the fact that since you are created in the image of God, you do have at least one skill and talent bestowed upon you!), and be the change you want to see.
Oh, yeah — and if you don’t think that a handful of people can’t make a difference, then apparently you’re simply refusing to see the results of what happened with 12 guys that got together without any technology except sheets of paper and word of mouth roughly 2,000 years ago.
See the following links regarding the eligibility saga:
- The background:
- The questions:
- The State Department and Sen. Patrick Leahy’s (D-VT) Natural Born Citizen Resolution (April 10, 2008)
Photo courtesy GiveUsLiberty1776
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