Eligibility arguments to get court hearing

July 15, 2009 @

‘For 1st time, we have a judge who’s listening’
By Bob Unruh
© 2009 WorldNetDaily

In what ultimately could prove to be a turning point in the legal challenges to Barack Obama’s eligibility to be president, a federal judge in California has planned a hearing on the merits of a federal court case raising those questions.

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.

“I have a very clear case,” Taitz said. “I think they dropped the ball. They didn’t figure out this case filed on Jan. 20th, on the day of inauguration.

The case was filed on behalf of former U.S. Ambassador Alan Keyes, also a contestant in the 2008 presidential race in California, and others. Taitz said the case might have been confused with another Keyes vs. Obama case filed in the state’s court system, which was thrown out and now is on appeal.

Want to turn up the pressure to learn the facts? Get your signs and postcards asking for the president’s birth certificate documentation here.

“I will be asking for the release of his vital records,” she has told WND.

The case, which also includes Wiley S. Drake and Markham Robinson as plaintiffs, names as defendant “Barack H Obama also known as Barack Hussein Obama II also known as Barack H Obama II also known as Barry Obama also known as Barry Soetoro.”

“Plaintiffs respectfully submit that this Court’s order finding or at least strongly suggesting that 4(e) service is insufficient, and requiring 4(i) service, regarding the subject matter of this lawsuit as against the sole served Defendant Barack H. Obama, is manifestly erroneous and plaintiffs accordingly request that the court reconsider its motion,” she argued in her motion.

“In the alternative, plaintiffs move and request that this court exercise its sound discretion to certify a question for interlocutory appeal.”

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.

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