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DOES NOT DENY THE CASE WITH PREJUDICE, HINTS FOR A SECOND AMENDED COMPLAINT

by John Charlton

Since Obama began his campaign, there has been an erosion of law, justice, and liberty throughout the land.
Since Obama began his campaign, there has been an erosion of law, justice, and liberty throughout the land.

(Dec. 5, 2005) — Yesterday Judge David O. Carter of the Federal Court in Santa Ana, California, denied the Motion for Reconsideration submitted by Dr. Orly Taitz, esq., in the case Barnett et al. vs. Obama et al..

Attorney Taitz had filed the Motion on the basis of the legal defects of Carter’s ruling dismissing the First Amended Complaint and to defend herself against calumnious charges made against her character by the Judge in his ruling dismissing that complaint.

Summarizing his own ruling, Judge Carter wrote yesterday:

After reviewing the moving and opposing papers, the Court finds no factual, legal, or bias grounds upon which to grant the motion for reconsideration. Counsel largely repeats the same arguments made in her briefing and oral argument on the Motion to Dismiss, which is prohibited. To the extent that she does present new argument, it is without merit and does not meet the standard for reconsideration. The Court’s ruling that it lacks jurisdiction, and that Plaintiffs have failed to state a claim on their remaining causes of action, stands.

The conclusion Judge Carter makes, therefore, leaves open the door for the filling of a Second Amended Complaint, which would contain a request for redressable relief for the political candidates, whom Judge Carter admitted in his previous ruling, were injured and did present a case for which the court had jurisdiction.

Since the filing of the Motion to Reconsider, Dr. Orly Taitz has been preparing her briefs without the assistance of Mr. Charles Lincoln, after irreconcilable personal differences ended their collaboration on behalf of the plaintiffs in the case.

The drama surrounding all aspects of the case Barnett vs. Obama, however, pales in comparison with the fraud, criminality, usurpation and tyranny being imposed upon the country by Barack Hussein Obama, who entered into the White House by means of the rigging of the Democratic primaries and numerous lies and obfuscations regarding his personal history and eligibility.

The persistent fact that Judge Carter has not dismissed the case with prejudice, indicates also that the Plaintiffs can undertake similar action in Federal court to pursue their claims of injury.

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KailuaGirl
14 years ago

WOW. AGAIN. DECISION IS IN. AS I SUSPECTED MONTHS AGO…CARTER = MAN OF THE CORRUPT. NOTHING MORE. HE IS NOT A MAN OF CONVICTION. HE IS A COWARD. LIKE ALL OF THE OTHERS. Where are the State Governor’s. They too are silent. Why is the entire government “complex” silent? Why is the entire government “media-complex” silent? Conservatives make the mistake believing these people deal on a level playing field, believing that the “threat” to the politicians that they will be “thrown out of office” make any difference. They don’t. These people are going to get the job they have been preparing for a long time done, they are here now just to put the nail in the coffin, before the next election, so in effect, the next elections will be too late to matter.

Wm. HENDERSON
14 years ago

ONCE AGAIN WE SEE THE JUDICIARY STANDS AGAINST THE RIGHTS OF THE PEOPLE AND THERE OATH TO DEFEND THE CONSTITUTION…EVEN THE HOPEFUL PROSPECTS OF A NEW VOICE IN THE BATTLE TO QUESTION THE ELIGIBILITY OF THE USURPER, HAS ONLY PROVEN A LACK OF COMMITMENT TO DEFEND THE CONSTITUTION… THE GREATEST CHALLENGE TO THE HISTORY OF THIS REPUBLIC AND SHE CAN NOT COMMIT TO A DEMAND FOR THE TRUTH …THE TIME GROWS NEAR THAT THE CITIZENS MUST REMOVE THEMSELVES FROM THIS TYRANNY THAT HAS CORRUPTED OUR GOVERNMENT AT ALL LEVELS… THE COMPLEX CONSPIRACY OF THE SOCIALIST / DEMOCRATIC , ONE WORLD GOVERNMENT TAKEOVER HAS STARTED TO REVEAL ITSELF… THE RECENT RELEASED E-MAILS OF THE FALSE GLOBAL WARMING DATA AND THE ALL OUT UNITED NATIONS PUSH TO ACCEPT THIS AS AN IMMINENT THREAT TO THE EXISTENCE OF MANKIND IS QUIT DISTURBING ON IT’S FACE… LET’S ALL KEEP OUR SIGHT ON THE UPCOMING COPENHAGEN GLOBAL WARMING MEETING AND SEE HOW THE USURPER WILL TRY TO ENTER THE UNITED STATES INTO SOME BINDING TREATY THAT WILL WEAKEN, IF NOT DESTROY OUR NATIONAL SOVEREIGNTY…THIS TREASON MUST STOP… TO THE MILITARY AND THE MILLIONS OF VETERANS WHO HAVE SERVED I SAY!!! REMEMBER THE OATH YOU TOOK… WE ARE A GREAT NUMBER AND OUR SPIRIT IS STRONG… WHO DARES TO TAKE OUR FREEDOM… ALL THAT IS LEFT TO SAY IS DEATH TO THE TRAITORS OF THE U.S CONSTITUTION AND THE AMERICAN PEOPLE…

GOD SAVE THE REPUBLIC AND THE U.S CONSTITUTION…

Dave Davis
14 years ago

Judge Carter is just like all of the rest of our corrupt politicians. Orly does make a lot of big mistakes in her cases though. If she would confine her case to the fact that Obama is by birth, a dual citizen at best and a non citizen at worst while limiting the plaintiffs to Keyes etc. who have standing for sure and keeping it focused on civil monetary damages, she would win. She does not have to have the court try and toss out Obama. All she has to do is get a civil judgement for Keyes stating that Obama was proven not qualified and find monetary damages for Keyes. The revelation of Obama’s fraud will then take care of itself in other ways. For instance, the Congress would be forced to do something. The public would all be aware of the fraud. It would open the door to a quo warranto action in DC. All Orly has to do is get the court to grant discovery and get the facts heard. Anything that she does that aids the Obama team in asking for motions to deny standing, jurisdiction or whatever, simply hurts her own case. Please, keep it simple Orly!!!!

jtx
14 years ago

Maybe judge Carter should study THIS link (which the Flying Monkeys really luvved) and especially the quote near the end from one of the founders of natural law …

live oak
14 years ago

Carter is pathetic and a poor excuse for a man. He will now share the blame for every single soldier killed in the wars. You have blood on your hands judge Carter forevermore. You are a coward with a big black stain on your soul.