Judge Carter limits discovery in Barnett vs. Obama

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”.

0 Responses to "Judge Carter limits discovery in Barnett vs. Obama"

  1. Phyllis Kunz   Thursday, October 8, 2009 at 6:58 PM

    Not only will President Obama be
    tested, but so will this great nation.
    Phyllis Kunz

  2. Pingback: Taitz files Motion for Relief, in Barnett vs. Obama «

  3. hall   Friday, October 2, 2009 at 9:21 AM

    thank you judge carter,it is about time obama is going to have to unseal his records.
    have any one seen how he treats our millitary no respect.
    his fight for obama care with more jobs lost every day he should be looking at a way to bring more jobs but his screw the older americans seems more important in his obama health care.
    a very sorry american ,where is the justice the people deserve.

  4. Henry F. Turner   Friday, September 25, 2009 at 2:23 PM

    I had a feeling when Obama was campaigning that much about his live in Hawaii, Indonisia and Kenya were being covered up. The sample of the birth certificate displayed on the internet did not have a signature of anyone. That can’t be legal

  5. Jim   Friday, September 25, 2009 at 12:23 PM

    Thank God, finally there is hope for our failing justice system. Judge Carter is the only judge so far with enough guts to force the constitutional issue.

  6. Xavier Cugat   Saturday, September 19, 2009 at 7:58 PM

    Judge Carter has granted a STAY in the discovery proceedings so that the Motion for Dismissal can be heard.

    The motion for dismissal will be DENIED because of the rulings in 487 F2d 700 Nixon v. J. Sirica 1973 and,

    The U.S. Supreme Court in the case of United States vs. Nixon 418 U.S. 683 (1974) in an 8-0 decision ruled that the President’s claim of Executive privilege DOES NOT extend to criminal cases.

    Judge Carter will subpoenea Obama’s records which Obama placed under seal via Executive Order #13489, his FIRST Executive Order upon taking office.

    And just like Judge Sirica, with strong sympathies for checks and balances amongst the three branches of the Federal government, Judge Carter will subpoena ALL of Obamas records for the purposes of conducting an in camera inspection of these documents.

    Obama will appeal all the way to the U.S. Supreme Court which will uphold Judge Carter’s subpoena citing the aforementioned Nixon cases.

    Then, like Nixon, Obama will be forced to resign and fight to keep his records sealed just like Nixon spent the REST OF HIS LIFE doing the same with his precious Oval Office tapes.

    This story was already played out 35 years ago; No need to reinvent the wheel on removing a crooked President of the United States.

    All of these rulings are available on-line and are as insightful to all of the issues that are being discussed today concerning Obama as they were when Nixon was President.

  7. WeThePeople   Friday, September 18, 2009 at 12:17 PM

    On Jan, 21,2009 Mr. Obama do not repeat the Presdental oath correctly in front of thirty million people, as it must be done. Forty minutes later signed into law an Executive order sealing all his personal information. On Jan,22,2009 10:00 a.m. he was required to repeat the oath, word for word in order to hold the office of “President of the United States”. By law, his personal information is still public. Tell the judge to go get whatever he wants.

  8. Harry H   Thursday, September 17, 2009 at 8:48 PM

    If Carter grants the Motion to Dismiss, he will be, like Judge Land, an enemy of the people. Our legitimate grievances must be given a fair hearing. Liberty and Justice are weeping for this once-great nation.

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