October 10, 2009
Updated birth certificate posts/videos/lawsuits
Kyle: update on barry’s birth certificate cases
Hi Heather.
I put this out here because multiple people have asked, like you, what exactly is going on with Taitz’s case with Judge Carter.
The simplest explanation is that nothing has happened – yet.
Right now, Judge Carter is deciding on the Motion to Dismiss filed by barry’s lawyers – DOJ lawyers.
The main point Judge Carter has to decide is whether the plaintiffs – Taitz’s clients – have “standing”. I discuss standing here. Standing-why-none-of-the-bc-cases-go-to-discovery. Once you understand standing it’s easy to grasp the happenings.
Lack of standing is why the previous cases have been dismissed — no one has standing to compel barry to provide proof of his eligibility to be POTUS. And standing is needed to get past the Motion to Dismiss (MTD).
The Court laid out a schedule – here – in the (very unlikely) event Judge Carter denies the MTD – so he wouldn’t have to set up another scheduling hearing. It does not mean there is or has ever been the assurance of a trial. He was merely setting those dates aside in case he denies the MTD and allows the case to go forward – so both sides would have an idea how the case would proceed and how much time they would have for discovery.
Right now, the judge has stayed discovery – meaning he has not allowed it. Standard procedure. No need to go to discovery if the case is not proceeding. But it didn’t stop Taitz from asking – you never know. And that is what Judge Carter’s last ruling was. Motion for Relief of Stay of Discovery: DENIED.
Meaning no change in status from when the case went before the judge on Monday.
Discovery would permit the gathering of evidence with the ultimate hope that barry would have to reveal his long form birth certificate.
[Which could be completely in order - meaning he's perfectly eligible to be POTUS - but was reluctant to release it because of something embarrassing - such as if his father was not barry sr.]
That’s when an investigation of all the things Taitz has talked about – the definition of natural born citizen, barry’s possible Kenyan birth, his multiple social security numbers, the possible forgeries of his selective service form and the on-line Certification of Live Birth (which is not a birth certificate), the possible release of his school and medical records, etc.
In all honesty, in my non-lawyer judgment and from following the other cases, I do not believe Taitz has made an argument for standing. Not through any fault of her own – it’s just the law. Her case has been different than others because her clients include active and retired military, candidates for president and state legislators – most of whom have taken an oath to uphold the Constitution – in the hope that at least one of the 46 has standing. But none of them can point to a specific – not hypothetical – harm that is necessary to allow the case to go forward.
And it’s different because Judge Carter went into it with an open mind. He said he was not going to dismiss it on technicalities and that it was an important case. He is the only judge to even lay out a tentative schedule.
It’s all very clear once you understand the concept of standing – so I would strongly recommend you read that post. If you have more questions, feel free to ask.
Here’s what’s happened since Monday:
Judge Carter: Minutes (Oct 5)
Barnett v Obama hearing: citizen report (Oct 5)
Judge Carter: NO ruling (Oct 6)
Barnett v Obama hearing: Taitz (Oct 7)
Judge Carter: NO ruling (Oct 7)
Ex-parte Motion for Relief of Stay of Discovery (Oct 8)
Motion for Relief of Stay of Discovery: DENIED (Oct 8)
