Summary of Hearing in Barnett V ObamaSeptember 8, 2009, Before Judge Carter
.(As Reported to Me by Tes via waveydavey)It was a packed courthouse. When they saw how manypeople showed up, they moved to a new courtroom that would seatmore people. By waveydavey's estimate, there were about 120people there.Even with the new courtroom they did overflow, intothe original courtroom, that was able to show audio/video ofthe hearing.They did not even get into the courtroom because ofso many people, and because of the backup from -- supposedlyMonday there's a motions call -- as reported by waveydavey --and while it wasn't exactly clear, it appears that Monday is amotions call, and all the motions that would have been heardMonday were pushed to today because of Labor Day. Therefore,they didn't even get into the courtroom until about 10:30.Orly seemed not to have learned her lesson from thelast time. When she came into the courtroom there was anotherhearing still going on and -- either still going on or theywere waiting for it to go on -- and other counsel were at thecounsel table, and she went up to the counsel table, as if shewas going to sit down, and had to be told again "No, wait your
turn." So she had to go sit back down.Her case came up at 11:00 a.m., and the judge startedthe hearing by itemizing the three issues to be discussed. Heordered them as service of process, Drake/Robinson plaintiffs,and then the motion for recusal of Judge Nakazato.With respect to service he asked whether service hadbeen effected. For the U.S. Mr. West spoke -- DeJute was alsothere. West is DeJute's boss -- West said yes, service hadbeen completed. Then the judge went on a soliloquy recountingthe whole service fiasco with the mail clerk, and all of that.Waveydavey said the judge was shaking his head over that.He thanked all the parties for resolving this issueand he's very glad that the issue of service was finally over.He continued throughout the hearing, actually praising the U.S.attorneys for "nurturing" the process along, and he thankedthem repeatedly for helping Orly serve properly. He made thatstatement several times throughout the hearing.Next he moved to the Drake/Robinson motion. Hetalked about the Rule 16(b) issue. Drake and Robinson wereboth present at the hearing, sitting in the audience. Thejudge was trying to get Orly and Kreep to resolve this thingbetween them, but they
clearly,
visually, had issues with eachother. They had to sit at the same table, but they weresitting as far apart from each other as possible, and thedislike was palpable.
The judge referred, at this point, to the fact thathe understood at the July hearing that she was filing amotion -- an amended complaint to narrow the issues, but he nowsees that the new amended complaint is actually much broader.Orly tried to talk, but she couldn't figure out howto get the mic to work at this point. After she struggled withit a while the judge got up off the bench, went around to hermic and helped her turn it on, because she could not figure itout herself, so the judge did it for her.Orly and Kreep were apparently arguing against eachother about how they can't work together.Orly kept wanting to talk about other issues, but thejudge kept pulling her back saying, "This part of the hear isabout Robinson and Drake."The judge told her, "You are about to cause a hugedelay, and cause a procedural quagmire because of your refusalto work with each other. Because of this dispute between youand Kreep, you are going to delay everything."Is this about you representing your clients or isthis about you, personally? Orly interrupted him, and he said,"I know you always have the answers, but you'll get a chance totalk later."At 11:20 he called a recess and told Taitz and Kreepto work it out. "If you don't resolve this we're going to betalking about this three or four months down the line. This
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