A hearing Monday is set to determine whether the U.S. Justice Department will get its motion to dismiss a lawsuit challenging the constitutional eligibility of Barack Obama to hold the office of president or whether the case will move forward to be heard on its merits.
California judge David Carter scheduled a tentative trial date for the case for Jan. 26, 2010. But, to meet that trial date, the case must survive an Oct. 5 hearing on the Department of Justice motion to dismiss.
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The California lawsuit is brought by several political candidates and party officials, including former U.S. ambassador Alan Keyes and Wiley Drake and Markham Robinson of the American Independent Party.
They are suing Obama alleging that he was not and is not eligible to be president under the U.S. Constitution’s demand for a “natural born” citizen in the Oval Office. Forty-six of the plaintiffs are represented by Orly Taitz, who has worked on a multitude of lawsuits over Obama’s eligibility, and two – Wiley Drake and Markham Robinson – are represented by Gary Kreep of the United States Justice Foundation.
Read More: By Chelsea Schilling, WorldNetDaily