IT'S REAL! Hearing set on default in Obama eligibility case

Read this first: http://www.therightsideoflife.com/?p=6655

Hearing set on default in Obama eligibility case

Judge asks for 2nd confirmation that president notified of case

By Bob Unruh
© 2009 WorldNetDaily

A judge in California has scheduled a July 13 hearing in a case challenging Barack Obama’s eligibility to be president in which the plaintiffs’ attorney, Orly Taitz, says the commander-in-chief is in default.

Taitz told WND if her motion is granted she will immediately request access to Obama’s birth records and other documentation that could determine his eligibility to occupy the Oval Office.

The announcement came from U.S. District Judge David O. Carter, who said: “Before the court is a motion by plaintiffs for reconsideration of order to show cause or in the alternative to certify question for appeal. Court sets this matter for hearing on July 13, 2009 at 8:30a.m. in Courtroom 9D. Plaintiffs are directed to make every effort possible to ensure that all remaining defendants are aware of the hearing and provide documentation that the individual receiving service is authorized to accept on defendants’ behalf.”

Taitz told WND she previously had served notice of the action but would pursue a further notification and confirmation.

“I have a very clear case,” Taitz said. “I think they dropped the ball. They didn’t figure out this case filed on Jan. 20th, on the day of inauguration.

The case was filed on behalf of former U.S. Ambassador Alan Keyes, also a contestant in the 2008 presidential race in California, and others. Taitz said the case might have been confused with another Keyes vs. Obama case filed in that state’s court system, which was thrown out and now is on appeal.

“I will be asking for the release of his vital records,” she said.

“The latest argument by the judge says that I was supposed to serve Obama by a certain Rule-4I. My argument is that it wasn’t applicable, as I served him as an individual, on inauguration day, for his action before he became the president. He does not qualify to get governmental representation, meaning he has to pick (up) the tab,” she explained.

“He defaulted, and in default I can demand production of the documents to show his fitness for the position,” she wrote.

“The documents that I am requesting are the original (birth certificate), school records, passport records and immigration records.”

The case, which also includes Wiley S. Drake and Markham Robinson as plaintiffs, names as defendant “Barack H Obama also known as Barack Hussein Obama II also known as Barack H Obama II also known as Barry Obama also known as Barry Soetoro.”

The service was verified, Taitz wrote in her latest motion to the court, by an affidavit that already is on file with the court.

“Plaintiffs have satisfied both the requirements of Rule 4(e)(2)(d) (and) 4(i)(3),” she wrote.

Taitz explained the dispute as being over the way she served notice of the lawsuit. There are different requirements for someone acting as a government official or someone who acted as a government official, but has left office.

Neither of those apply, she said. She sued Obama individually for his acts before he took office, specifically his refusal to provide the documentation that would show his eligibility.

She said her process server went to the White House to serve the president, and the Secret Service refused her admittance and refused to take the documents. She retreated to her car and called the White House office of legal counsel on her cell phone, and was instructed the proper service would be to deliver the documents to the Justice Department, which she did.

“Plaintiffs respectfully submit that this Court’s order finding or at least strongly suggesting that 4(e) service is insufficient, and requiring 4(i) service, regarding the subject matter of this lawsuit as against the sole served Defendant Barack H. Obama, is manifestly erroneous and plaintiffs accordingly request that the court reconsider its motion,” she argued.

“In the alternative, plaintiffs move and request that this court exercise its sound discretion to certify a question for interlocutory appeal.”

She suggested the case already is in default on the part of the president, and it should so be concluded.

“Why have a rule of default, at all, why make a distinction between private and U.S. governmental parties as between 4(e) and 4(i) at all within the federal rules, if the face of a complaint, and the status of the parties at the time of filing, cannot be used to judge compliance with such a rule which might apply in this case to guarantee victory to the plaintiff?

“It seems to the plaintiffs unfair and unjust that a judge could merely set aside a party’s default on a whim, for no good legal or equitable reason, based on a change in a party’s status, but not the cause of action against him, between filing and service of a suit?” she continued.

“Plaintiffs Keyes et al. request this court to amend its order to show cause, especially but not limited to the Friday, June 12, 2009, order extending show cause, and denying as moot plaintiffs’ motions for clarification, to permit plaintiffs to pursue an appeal pursuant to section 1292(b).”

As WND reported in a profile on Taitz, she was born in the Republic of Moldova which used to be part of the Soviet Union.

Recalling her life under a communist regime, she told WND she is determined to do her part to stop America from following in the all-too-familiar footsteps of her former homeland.

She confirms she is not willing to let the issue rest on a single case and has filed multiple complaints in an effort to reach her goal. She previously took her complaint directly to the U.S. Supreme Court, and when the justices met privately with the defendant – Obama – but didn’t explain their rejection of her dispute, she approached two different justices in public settings, asking them to consider the case.

She has likened not only the U.S. judiciary to the old Soviet Union establishment because of its unwillingness to resolve the dispute, but she’s accused members of the media of becoming like the Soviet press, because they push for Obama’s agenda.

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Complicating the situation is Obama’s decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.

The “Certification of Live Birth” posted online and widely touted as “Obama’s birth certificate” does not in any way prove he was born in Hawaii, since the same “short-form” document is easily obtainable for children not born in Hawaii. The true “long-form” birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a “natural born citizen,” no controlling legal authority ever sought to verify Obama’s claim to a Hawaiian birth.

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check this Judge out. It’s not pretty. I think all the Judges are owned now. I’m sure this Judge will come up with a reason why Orly can’t continue with her case. Below is a list of clerks he’s had, I picked them apart for youJ


David O. Carter’s clerk list According to Wikipedia. http://en.wikipedia.org/wiki/David_O._Carter
Law Clerks
Since joining the federal bench, Carter has hired two term law clerks per year. Carter's clerks start on staggered dates, such that one starts in August and the other starts in October.
August October

1998-1999 Thomas J. Noguerola Robert W. Mockler
1999-2000 Lisa M. Greenwald Kevin Deeley
2000-2001 Rebecca S. Engrav Catherine D. Whiting
2001-2002 Lee K. Fink Wendy C. Houle
2002-2003 Matthew V. Johnson Michelle S. Mehta
2003-2004 James P. Fellers Bonita D. Moore
2004-2005 Marissa W. Grimes Khaldoun "Kal" Shobaki
2005-2006 Lisa Ells Darren S. Teshima
2006-2007 Douglas J. Brown Alyssa M.Q. Soares
2007-2008 Ryan D. Taylor Damion D.D. Robinson
2008-2009 Carrie Friesen-Meyers Julia Roberson

Lisa M. Greenwald was David O. Carter’s clerk August 1999-2000.
Lisa Greenwald This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , Senior Research Associate (B.A. in Sociology, George Washington University)
Ms. Greenwald is an experienced researcher, project manager and is one of Greenwald's top executive interviewers. She has a great deal of knowledge regarding financial services, generational and publicly-released studies. Prior to joining Greenwald & Associates in 2003, Lisa was a Marketing Coordinator for the American Council of Life Insurers' Membership and Development Department.
http://www.greenwaldresearch.com/index.php?option=com_content&task=view&id=6&Itemid=7


Rebecca S. Engrav was David O. Carter’s clerk August 2000-2001.
Robert F. Bauer is a partner at Perkins Coie LLP and Barack Obama - personal counsel. Rebecca Engrav is a Lawyer at Perkins Coie LLP. Rebecca Engrav is not listed on Muckety. See link below for her information at Perkins Coie LLP.
Rebecca Engrav - Lawyer Profile
Perkins Coie LLP
1201 Third Avenue, Suite 4800Seattle, Washington
(King Co.)
http://www.martindale.com/Rebecca-Engrav/2876943-lawyer.htm

Khaldoun "Kal" Shobaki was David O. Carter’s clerk October 2004-2005.
Kirkland & Ellis LLP is a law firm / lobby firm. According to Kirkland & Ellis LLP’s website Khaldoun "Kal" Shobaki is an Associate at Kirkland & Ellis LLP, http://www.kirkland.com/sitecontent.cfm?contentID=219&formLetter=s%20. Shobaki is not listed on Muckety. The people that are listed on Muckety at Kirkland & Ellis LLP, David M. Bernick – partner, Richard C. Godfrey – partner, & Howard G. Krane – partner, all three are members of the Commercial Club of Chicago. According to Wikipedia Khaldoun "Kal" Shobaki was David O. Carter’s clerk October 2004-2005
http://en.wikipedia.org/wiki/David_O._Carter


Lee K. Fink was David O. Carter’s clerk August 2001-2002.
Fink, Lee K. - O'Melveny & Myers LLP
1999 Avenue of the Stars (Century City) Los Angeles, CA 90067
The Details on Fink
Category: Attorneys
http://losangeles.citysearch.com/profile/38247536/los_angeles_ca/fink_lee_k_o_melveny_myers_llp.html?publisher=smx_noncust&placement=yp
At O'Melveny & Myers LLP you have William T. Coleman Jr. - senior partner, Arthur B. Culvahouse Jr. – chair, Zoe Baird – partner, Thomas E. Donilon – partner, all trustees at the Brookings Institution. Thomas E. Donilon is not only a trustee at the Brookings Institution, he is also a director at the American Friends of Bilderberg, 2008 Bilderberg conference participant, 2008 Obama-Biden transition team – member, and White House deputy national security adviser in the Barack Obama administration.

Matthew V. Johnson was David O. Carter’s clerk August 2002-2003.
Matthew V. Johnson is an Associate at Williams and Connolly.
Williams & Connolly LLP725 Twelfth Street, N.W.Washington, D.C. 20005
http://www.wc.com/attorney-MatthewJohnson.html
At Williams and Connolly Robert B. Barnett a attorney has concerned me with his list of clients and their connections to this network. Kevin M. Downey – partner, and Paul Martin Wolff – partner, members of the Economic Club of Washington. (Many connections here).


Lisa Ells was David O. Carter’s clerk August 2005-2006.
Lisa Ells is an Associate at Rosen, Bien, & Galvan, LLP
http://www.rbg-law.com/?page_id=108
Sanford Jay Rosen - Senior Partner (under reported cases, it says Communist Party of Indiana v Whitcomb, and Socialist labor Party v Gillgan)
http://www.rbg-law.com/?page_id=51

Ryan D. Taylor was David O. Carter’s clerk August 2007-2008
Ryan D. Taylor is an Associate at Covington & Burling LLP.
Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401
Tel: 202.662.5537
Fax: 202.778.5537
http://www.cov.com/rtaylor/
Alfred H. Moses is a senior counsel at Covington & Burling LLP and a member of the Economic Club of Washington. The people that are past relationships with Covington & Burling LLP include, Thomas O. Barnett – was a partner and assistant attorney general for the U.S. Department of Justice. Lanny A. Breuer – was an attorney, special counsel for the William J. Clinton administration, and assistant attorney general in the Barack Obama administration. Jeff Connaughton – was a lawyer, and was special assistant to the counsel to the president William J. Clinton administration. John C. Dugan was a – partner and comptroller of the currency for the U.S. Department of the Treasury. Eric H. Holder Jr. – was a partner, attorney general in the Barack Obama administration and was the deputy attorney general in the William J. Clinton administration. Harold H. Koh – was a lawyer, State Department legal adviser in the Barack Obama administration, director at the National Democratic Institute (think tank) and was a trustee at the Brookings Institution. Paul Tagliabue – was a partner and member of the Council on Foreign Relations. (Plus many more connections)



Bonita D. Moore was David O. Carter’s clerk October 2003-2004.
Bonita D. Moore
Associate at Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg and was an Associate at Latham & Watkins, Associates
1875 Century Park East, 23rd Floor
Los Angeles, California 90067-2561
http://www.birdmarella.com/attorneys/index.html
At Latham & Watkins, LLP you will find Jose W. Fernandez a partner and a board member for the Council on Foreign Relations. Michael Chertoff –was a partner is currently senior of counsel at Covington & Burling LLP. Donald M. Remy – was a partner, U.S. Army counsel nominee in the Barack Obama administration, deputy assistant attorney general in the U.S. Department of Justice and deputy general counsel at Fannie Mae. Beth A. Wilkinson – was a partner and EVP & general counsel at Fannie Mae. Kathryn H. Ruemmler – was a partner, in the principal associate deputy attorney general in the Barack Obama administration and was a associate counsel in the
William J. Clinton administration. J. Thomas Rosch – was the managing partner, is the commissioner for the Federal Trade Commission.

Darren S. Teshima was David O. Carter’s clerk October 2005-2006.
Darren S. Teshima
Associate
Orrick, Herrington & Sutcliffe LLP
The Orrick Building, 405 Howard StreetSan Francisco, California
(San Francisco Co.)
http://www.martindale.com/Darren-S-Teshima/36022884-lawyer.htm
At Orrick Herrington & Sutcliffe LLP you will find Lanny J. Davis - a partner and was a special counsel to William J. Clinton. Pauline A. Schneider – a partner and a member of the Economic Club of Washington.