Monday, October 5, 2009

Judge Carters Court Today - SUMMARY OF WHAT TOOK PLACE AT HEARING

SUMMARY OF WHAT TOOK PLACE AT HEARING
The Post & Email just spoke with a secretary of Mr. Charles Lincoln about the hearing, and publishes this summary:

It was a long hearing from about 8:30 AM to 11:45 AM Pacific time, with only a 20 minute recess. More than 100 persons attended. There was an overflow room with video hookup to accomodate everyone.

Judge David O. Carter issued no ruling on the Motion to Dismiss, nor to grant discovery. He cited his need to sort out the complex legal issues, consider all the arguments carefully.

During the hearing the specific agenda disscussed was as follow (this is not in chronological order):

Judge Carter denied Attorney Gary Kreep’s Motion for Severance, which would have created a parallel case, for his clients.

Judge Carter questioned the Defense’s counsel, regarding the method of impeachment and how that would address this controversy.

Attorney Gary Kreep argued that the case does not involve impeachment; since Obama has entered office unlawfully.

Judge Carter questioned on what basis his court could issue a quo warrento proceeding, when the D.C. court had jurisdiction over this kind of proceeding. Dr. Orly Taitz responded by citing precedents in the 9th Circuit, that allowed quo warrento proceedings to be held in California, rather than in Washington, D.C., in account of the great distance to the other side of the continent.

When questioned about the injury suffered by other candidates on the ballot in California, Attorney Kreep explained the injury they suffered and the Judge responded thoughtfully to his arguments.

Regarding military plaintiffs, Judge Carter mentioned that there was a ruling in the 9th circuit which denied standing to oath takers on the basis that this was not a particularized injury.

In all, Judge Carter was very concerned about standing claims and wanted to know what the actual injuries were, and how standing was being justified.

The Defense argued that the Court had no authority to hear the case, and that claims were political in nature and therefore not for the Judiciary to adjudicate.

Judge Carter pointed out that the case was unique and that there were no precedents to guide him thoroughly.

The Post & Email will interview Mr. Charles Lincoln live, and post this in a separate report in about 3 hours.

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