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[Editor’s Note: While this article remains a popular read at The Post & Email, the inference I drew from the Court order on trial dates proved to be incorrect, as Judge Carter granted the Motion to Dismiss at the end of October, 2009.]

by John Charlton

(Oct. 7, 2009) — Today was published the Minute Order resulting from the Oct. 5th hearing in Barnett vs. Obama, issued by federal judge, David O. Carter, in the Southern Division of California.

The order, reads as follows:

On September 8, 2009, the Court previously set tentative case management dates. The Court now orders those dates be made final.

Case Management dates are as follows:

Motion for Summary Judgment Hearing — December 7, 2009, at 8:30 a.m.
File Motion for Summary Judgment — November 16, 2009
Opposition to Motion for Summary Judgment — November 26, 2009
Reply to Motion for Summary Judgment — November 30, 2009
Final Pretrial Conference — January 11, 2010, at 8:30 a.m.
Jury Trial — January 26, 2010, at 8:30 a.m.

The implication of the Court’s order finalizing the dates is obvious:  you do not finalize dates unless there will be a trial.  And there would not be a trial, unless the Motion to Dismiss requested by the Defense was , or will be, in whole or in part DENIED!


Please see our front page, for further news on these events.

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  1. This is just another travisty of “so called” justice. This reminds me of the old John Wayne movie, “The Spoilers,” take a good look at this movie and you will see exactly how our justice system works.
    It is all about money and power, and these so called judges hjave them both and will not lose out over a brief like this.
    Every appointed federal judge receives a $5million pension package that is fully transferable. They are in it for the money and the “attorney general” is their boss.
    The system does not work for “the people” anymore, because there are NO Article 1,2,or 3 courts anymore. Every court is merely a “bankruptcy” court with not judges but “administrators” to administrate over YOUR degree of bankruptcy. Bankrupt people have NO RIGHTS, this is why these cases against Barack/Barry Obama/Soetoro can not be brought forward without the whole can of worms being opened, as to HOW ALL of US has been “screwed, blued and tattooed!”
    It is high time for another 1776, only this time the enemy will not be wearing red.

  2. Take that back. Looks like he dismissed the case today. The administration obviously got to him…and by ‘got’ I mean threatened.

  3. I hope and pray that Judge Carter has the fortitude to stand up to Obama and his corrupt elite legal forces. Obama cannot stand to be exposed as the fraud he is.

    I hope Judge Carter can do his job honestly and continue stand up against the Obama Hate Mob.

  4. John,

    You’re putting the credibility of your site and your word on the line with this possiblly premature pronouncement.

    I agree that if the Motion to Dismiss were denied- Judge Carter is smart enough to have so stated.

    I hope you’re right, but my gut feels the other shoe about to fall.

    Keep working though – you’re providing a great service
    that the rest of the so called Media don’t seem to want anything to do with – Ben Franklin is spinning.

  5. If there is any dispute of fact then summary judgment cannot be granted as a matter of law. Once the stay on discovery is lifted Obama is finished. Does anyone with a functional mind really think Obama has spent $ 1.5 million dollars fighting release of all his past records for no reason. The case cannot be dismissed on standing into the trial; that’s a pre-trial motion and that is where all the other lawsuits have been stopped. Looks like Barnett vs Obama survived a dismissal. Obama always has the option to make a deal and resign for the good of the country before his sealed records hit the public domain. Once he falls so falls half of the democratic party who collaborated to construct this mess.

  6. There seems to be some question as to the meaning of the latest docket listing (the summary of Monday’s hearing). As an attorney, Dr. Taitz would be seriously remiss to let slip any possibility for discovery. (And now I see she’s already filed for relief from stay of discovery.) At worst, the court can say the stay remains in place until the judge rules on the motion to dismiss; at best, the court can allow for discovery to begin so that the proceedings set out in the schedule can be expedited. At least let’s see the Occidental College records and all his Hawaii birth vital records.

    Leon Brozyna
    CW2, USA (Ret)

  7. The Obama Dam is beginning to leak. small holes will become larger and larger holes and Congress lives down stream of this mess.

    You can’t stop stupid but


    Obama British Born, Not Natural Born!

  8. P.S. It’s from the court reporter – it’s the minutes of the hearing. Unfortunately we may still have to wait for the order itself.

    Even Orly says we may need clarification:

    I just got an order from judge Carter. He does not say outright that the motion [is]to dismiss, but he says that the dates for trial are final. We might need to ask for the clarification

    I’m wondering if the dates are actually finalized – they seem to be only repeated from the previous hearings, awaiting the actual order that is still under advisement.

  9. Without discovery how can this go anywhere. If no one gets approval to obtain documents there will be no case. All this means is that a person can keep evidence secret they can commit crimes. In this particular case the judge is aiding and abetting in a violation of the U.S. constitution. A document which he more than once took an oath to uphold. I will be astonished if the evidence of Obama’s past is ever made available. He has no past that he is proud of.

  10. People are saying that this is only a routine email giving the minutes of that hearing. The same dates are listed as before awaiting the actual order re: dismissal. If there is an order it would be listed as such and be definite. We can only hope

  11. The judge is waffling. He should have immediately denied the M/D and issued an Order stating it was denied. I believe he has already made up his mind and that Obama’s thugs talked to him. Yep, wait for summary judgment and then we’re back to square one. I think we need to now start looking to see what progress Leo makes with the HI DoH as these judges don’t have the guts to go forward.

  12. Don’t get ahead of yourself. There was a scheduling conference (sort of) at the hearing. There were no changes to the schedule so the court clerk is simply stating that the if there is a trial then it will be on a particular day.

    The clerk is simply doing procedural housekeeping.

  13. Don:

    That may be, but wouldn’t discovery be required before the Dec 7th Summary Judgment hearing?

    If that’s the case – it’s a moot point.

    The DOJ was correct about one thing; removing Obama from office WILL require an act of congress. But, that will never happen until there is credible evidence that Obama was not eligible for (and knew about it) the office of president. Even the Republicans in congress will not support any effort to remove Obama from office – case in point, look at the non-binding declaration of Hawaii as Obama’s place of birth. That passed without a single dissention. Unless there is solid, undisputable evidence that Obama intentionally misrepresented the facts of his eligibility in order to get elected, nobody in congress will move forward with the issue.

    So, this case is not about removing Obama from office, it’s about procuring the evidence that can be presented to the congress, and the American people, to have them do it!

  14. Ummm, if it were denied, wouldn’t there be an order published saying it’s denied?

    I think we’re counting our chickens when all we’ve got are rotten eggs!

  15. Obama and the judge will both have an opportunity to permanently dispose of the case via summary judgement and I’ve no doubt that the judge is already predisposed to take exactly that course. On appeal, the losing side will have to overcome his judicial interpretations of the applicable law and judicial precedents. December 7th….mark your calendar. That’s when it all goes away.