Attorney Orly Taitz appears to have won a small victory in court today. California U.S. District Judge David Carter has tentatively scheduled a trial for January 26, 2010. This is the first time a judge has agreed to hear the case against Barack Obama's eligibility on it's merits. There is still a hurdle in the way. At the last minute, the Justice department filled a motion for dismissal based on more technicalities. The Justice Department is arguing the defendants haven't been harmed. One of the defendants is former Presidential candidate Alan Keyes. The Justice Department is arguing Keyes was not harmed because he wasn't on enough state ballots to have a mathematical chance of winning. There will be a hearing on the Justice Departments motion to dismiss on Oct. 5, 2009. If the case is not dismissed at that hearing, a pretrial hearing has been scheduled for Jan. 11, 2010 and the trial starts January 26, 2010. On the important issue of "discovery," the judge ordered arguments be submitted. Among the evidence Taitz filed is this purported copy of Barack Obama's Kenyan birth certificate. The man in possession of this document, Lucas Smith, has filed a sworn affidavit in Judge Carter's court that the document is authentic. Smith claims he obtained the alleged birth certificate from Coast General Hospital in Mombasa, Kenya, by bribery, and insists it's real. It should be noted Smith tried to sell this document on eBay and has a shady past.
