Ga. Judge Orders President to Appear at Hearing. | |
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Anonymous Coward User ID: 8769489 United States 01/22/2012 04:16 AM Report Abusive Post Report Copyright Violation | so why is this judge any different? Quoting: Anonymous Coward 8769489 the others threw the cases out... we all want justice but the resident is above the law.so sad too. HA ! You didn't know? no, what? give me some good news.. if they find the Resident is not eligible, does this mean the laws he signed are null and void? |
Anonymous Coward User ID: 4172093 United States 01/22/2012 04:20 AM Report Abusive Post Report Copyright Violation | so why is this judge any different? Quoting: Anonymous Coward 8769489 the others threw the cases out... we all want justice but the resident is above the law.so sad too. HA ! You didn't know? no, what? give me some good news.. if they find the Resident is not eligible, does this mean the laws he signed are null and void? He's too powerful to be struck down in this way. Basically it would be like a dog killed by a bee. You get my point? |
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Robot Emotions User ID: 8937686 United States 01/22/2012 04:42 AM Report Abusive Post Report Copyright Violation | So if he don't show up, the judge will issue a warrant to arrest the President of the United State of America? Quoting: Anonymous Coward 976282 Ever since the Nixon era, the opinion of the Justice Department has been that a sitting president can't be arrested for criminal statutes. I'm sure it would extend to bench warrants for failure to appear. The argument is that it would impede the constitutional duties of the executive branch. I guess we'll see when this judge and the feds have a showdown, but I'm guessing the feds will try to trump the judicial authority on constitutional or national security grounds. |
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Anonymous Coward User ID: 9331769 United States 01/22/2012 05:18 AM Report Abusive Post Report Copyright Violation | Actually, the judge has not ordered Obama to show up. Orly's subpoena has not been given authority. Just because it has not been quashed does not mean it has been enforced. To make it enforced she would have to make a legal case, which she has not. Obama is not required to come for a bad subpoena. |
Anonymous Coward User ID: 4596203 United States 01/22/2012 06:02 AM Report Abusive Post Report Copyright Violation | Actually, the judge has not ordered Obama to show up. Orly's subpoena has not been given authority. Just because it has not been quashed does not mean it has been enforced. To make it enforced she would have to make a legal case, which she has not. Obama is not required to come for a bad subpoena. Quoting: Anonymous Coward 9331769 A subpoena is presumptively good. A court COMMANDS your appearance. It's not the attorney who tells you to come. The court does. Obama's lawyers tried to quash the subpoena, but the judge rejected that attempt. The subpoena stands, with full authority of the court. In this case, Obama can probably just default the case and so he'll be off the ballot in GA. That's the maximum "penalty", as long as he doesn't disrespect the court in some serious way. I'm sure the judge doesn't want to fight with Obama, but this is now a case and a subpoena is a subpoena. Even though he's given up his law license (hm, why?) Obama knows this. |
Anonymous Coward User ID: 9331769 United States 01/22/2012 06:16 AM Report Abusive Post Report Copyright Violation | Actually, the judge has not ordered Obama to show up. Orly's subpoena has not been given authority. Just because it has not been quashed does not mean it has been enforced. To make it enforced she would have to make a legal case, which she has not. Obama is not required to come for a bad subpoena. Quoting: Anonymous Coward 9331769 A subpoena is presumptively good. A court COMMANDS your appearance. It's not the attorney who tells you to come. The court does. Obama's lawyers tried to quash the subpoena, but the judge rejected that attempt. The subpoena stands, with full authority of the court. In this case, Obama can probably just default the case and so he'll be off the ballot in GA. That's the maximum "penalty", as long as he doesn't disrespect the court in some serious way. I'm sure the judge doesn't want to fight with Obama, but this is now a case and a subpoena is a subpoena. Even though he's given up his law license (hm, why?) Obama knows this. No. You fail to understand subpoenas. To require enforcement, the author has to prove they have legal ability to do what they ask. Orly hasn't had enforcement stage. Sorry, birther fail. |
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Anonymous Coward User ID: 8711233 United States 01/22/2012 07:53 AM Report Abusive Post Report Copyright Violation | Actually, the judge has not ordered Obama to show up. Orly's subpoena has not been given authority. Just because it has not been quashed does not mean it has been enforced. To make it enforced she would have to make a legal case, which she has not. Obama is not required to come for a bad subpoena. Quoting: Anonymous Coward 9331769 A subpoena is presumptively good. A court COMMANDS your appearance. It's not the attorney who tells you to come. The court does. Obama's lawyers tried to quash the subpoena, but the judge rejected that attempt. The subpoena stands, with full authority of the court. In this case, Obama can probably just default the case and so he'll be off the ballot in GA. That's the maximum "penalty", as long as he doesn't disrespect the court in some serious way. I'm sure the judge doesn't want to fight with Obama, but this is now a case and a subpoena is a subpoena. Even though he's given up his law license (hm, why?) Obama knows this. No. You fail to understand subpoenas. To require enforcement, the author has to prove they have legal ability to do what they ask. Orly hasn't had enforcement stage. Sorry, birther fail. i am an attorney and have issued many subpoenas in my career, both for people and for documents to come to court. as an attorney, i am an officer of the court. as an officer of the court, i have ethical obligations to file pleadings (documents) in good faith and to prosecute or defend my case in good faith without subjecting the other side to harassment or delay. i have the authority to issue and serve whatever subpoenas (court order to be present to testify or produce documents) i want to any person or document i need to win my case in court. normally subpoenas are only limited to people or documents in the courts jurisdiction, i.e. that state....since Obama is presumably a party, i dont think she can subpoena him to court...he can either come or not come....i havent read the article, but subpoenas are not generally used against the other side...only on people and documents outside the presence of the parties. she does have the right to examine Obama through testimony, should the court find merit with the case, and she would have to go to DC to perform the video deposition....she would file written discovery requests seeking all documentation and would file a motion to compel the production of such information should Obama fail to do so...the court would order the production or sanction him if he didnt. but if obama is a defendant, and Orly represents the plaintiff, then i dont understand why she would be using a subpoena against a party...you usually use subpoenas on people and documents not a party but who have relevant testimony or documents to the case...and its the vehicle you use to control them into bringing such info to the court by way of production or testimony or both. |
Anonymous Coward User ID: 8711233 United States 01/22/2012 07:58 AM Report Abusive Post Report Copyright Violation | but if she issued a subpoena to Obama to come to trial, which is unusual, and the judge did not quash it, then the subpoena is valid and failure to do what the subpoena asks is contempt of court subject to fines or jail or both. discretion of the judge. if the person who got served the subpoena thinks its invalid or wants to fight it, you file a motion to quash the subpoena and argue the basis for not being bound by the subpoena and the judge rules. if the judge denied the motion to quash, then its a good subpoena...i suppose they could come back with another argument later but judge wont like piecemeal arguments over one subpoena |
Anonymous Coward User ID: 1527092 United States 01/22/2012 08:13 AM Report Abusive Post Report Copyright Violation | Read through these interviews with who is known as "White House Insider". He's usually much more focused in his interviews - and has been spot on with his news and predictions - but this time the alcohol is flowing and his conscience is weighing heavy. Part 1 - [link to theulstermanreport.com] Part 2 - [link to theulstermanreport.com] Part 3 - [link to theulstermanreport.com] Here's the Cliff Notes version: 1) A West Coast-based campaign strategist sees odd events around Obama at the 2008 convention, with mood swings and physical changes, along with weird ceremonial chants coming from his staging area at the arena. From further info the WHI provides, the Dem operative is identified as Kam Kuwata. 2) Kuwata tells a few people about what he saw and his concerns. One is CA Senator Diane Feinstein. 3) Kuwata backs the opponent of the Obama-backed candidate for CA Attorney General in the primary. Wrong move. 4) Kuwata mysteriously is found dead at his home after not being seen or heard from for a week or two. He's in his 50s and was considered in excellent health. Cause of death listed as "natural causes", but no autopsy was ever performed. 5) Feinstein challenges Obama on a few issues. Including announces ahead of Obama the death of Bin Laden. 6) Kinde Durkee, a long time Dem campaign accountant steals all of funds in Feinstein's campaign war chest. 7) Read WHI's confession that alludes to other skullduggery and threats to people and their families. Is it any wonder that everyone in the Democrat party is turning a blind eye to all questions about Obama's mysterious background? Do you REALLY think that anything will come about from this upcoming hearing? It's either going to get thrown out, delayed for more time for the lawyers, or someone on the bench will "die of natural causes". |
Anonymous Coward User ID: 1527092 United States 01/22/2012 08:24 AM Report Abusive Post Report Copyright Violation | why the hell was this not brought up when he was running for prez WTF? Quoting: Anonymous Coward 8888556 Where have you been? These questions have been around since the minute he announced his candidacy. But every time they were brought up, they were just meet with "you just hate black people". The problem is, no one understands English or bothers to read the Constitution. Forget the whole "born in Kenya nonsense". Obama himself admits he isn't qualified. How? Because the Constitutions says the President has to be a NATURAL BORN CITIZEN, not a NATIVE BORN CITIZEN. What's the difference? Native Born just means you were born on US soil. Obama saying he was born in Hawaii makes that OK. But a Natural Born Citizen is different. Besides needing to be born on US soil, it also requires that BOTH parents are US citizens at the time of the birth. Obama's mother was. Obama's father he admits was a Kenyan citizen, which at the time was a colony of England. So Obama himself admits to not be qualified for the office. No great conspiracy there. Just being able to read the Constitution and understand English and basic definitions. Which no one wants to do. By the way, this definition of Natural Born Citizen also eliminates the person who is being floated as the upcoming savior of the Republican party. Marco Rubio. Neither of his parents were US citizens at the time of his birth. But who cares about rules? And as George W Bush said about the Constitution, "it's just a goddamn piece of paper". |
Anonymous Coward User ID: 9337227 United States 01/22/2012 08:33 AM Report Abusive Post Report Copyright Violation | but if she issued a subpoena to Obama to come to trial, which is unusual, and the judge did not quash it, then the subpoena is valid and failure to do what the subpoena asks is contempt of court subject to fines or jail or both. Quoting: Anonymous Coward 8711233 discretion of the judge. if the person who got served the subpoena thinks its invalid or wants to fight it, you file a motion to quash the subpoena and argue the basis for not being bound by the subpoena and the judge rules. if the judge denied the motion to quash, then its a good subpoena...i suppose they could come back with another argument later but judge wont like piecemeal arguments over one subpoena No, if you read the ruling, the judge basically said the attempt to quash failed, not because it is a good subpoena, but because the attorney failed to cite statues. He wants it "on the book." |