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Filed in US District Court (Fearless Blue)

Simcountry: Simcountry Bulletin Board  Filed in US District Court (Fearless Blue)

DavePat (Fearless Blue)

Sunday, August 24, 2008 - 02:10 pm Click here to edit this post
And now for a real update. The Judge in the case has for now refussed the TRO. I waited till I could read his decission on this for myself. He stated that at this time he cannot grant a TRO to suspend the nominating process at the Democratic convention based solely on what the plantif has so far presented, that although a compelling case has been made he does not see that it has risen to a level sufficient to warrant such a radical action. He also went on to say he may revisit the issue if the plantif can provide certain other documentation. The plantif has stated that he has presented all the documentary evidence at hand at this time, and seeks to expidite discovery because any additional documentation has to come from that process. A motion to dismiss as without merit the lawsuit also was denied by the judge, without comment. The motion to expidite is expected to be heard on Monday or Tuesday and the judge will probably be asked again to reconsider the TRO.

For the obamanites out there what this translates to is Obama can be nominated at the convention, the judge will probably order Obama to provide documents sought by the plantif quickly, the case at this point has sufficient merit to proceed, once the additional documents (such as the birth certificate Obama stated in his book exists, the orginal to the Cert of Live Birth posted to his web site, etc) the judge will then be able to entertain issuing a TRO but that is not likely to occur.

On a more analytical side: The fact the plantif is not seeking appeal on the TRO is interesting.

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