AGREES WITH DEFENSE’S ARGUMENTS IN EX-PARTE APPLICATION
by John Charlton
[For more recent news in this case, see the front page of The Post & Email.]
(Sept. 17, 2009) — U.S. Federal District Judge David Carter (Central District of California, Southern Division) has granted the Defense’s request to limit discovery, prior to his consideration of their Motion to Dismiss, on the grounds that said motion regards issues which rightfully limit discovery, in Barnett vs. Obama.
Attorney’s for Barack Hussein Obama, led by Mr. George S. Cardona, acting U.S. Attorney, had filed their ex-parte Application, requesting immediate halt to any discovery which might be granted by the Magistrate Judge Arthur Nakazato.
The substance of Judge Carter’s in-chamber orders, is that since Cardona has alleged that Barnett’s pleadings raise a political question, respect of the separation of powers doctrine requires him to limit discovery at this time to those issues which are necessary to rebut in the Motion to Dismiss.
Accordingly, Attorney Orly Taitz will now have to show that any requests for discovery before Magistrate Judge Nakazato, pertain to her effort to argue against the Motion to Dismiss. This appears to represent no difficulty for the plaintiff’s counsel, since the very Motion to Dismiss (editorialized here) contains a plethora of Constitutional issues and arguments, each of which could lead to massive amounts of document-requests for evidence.
Judge Carter’s ruling however, does not change the Court’s instruction to both parties, to prepare for full discovery after the Oct. 5th hearing, if the Motion to Dismiss is not granted.
Judge Carter, in passing, also mentions that the January trial date “has not been finalized”, as one reason that discovery can be limited or delayed at this time.
For an explanation of what “discovery” in a civil lawsuit in Federal Court is, see The Post & Email’s FAQ on “discovery”.
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.