SAN FRANCISCO, Kalifornia - September 8, 2009 - A Kalifornia judge today tentatively scheduled a trial for January 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution.
In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had.
In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case.
But the judge did not immediately rule on Taitz' motion to be granted discovery - that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case.
The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved.
Carter ordered a hearing October 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.
If the case survives that challenge, a pretrial hearing has been scheduled for January 11 and the trial for two weeks later.
If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to Kreep.
In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had.
In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case.
But the judge did not immediately rule on Taitz' motion to be granted discovery - that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case.
The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved.
Carter ordered a hearing October 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery.
If the case survives that challenge, a pretrial hearing has been scheduled for January 11 and the trial for two weeks later.
If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to Kreep.