David O. Carter
Encyclopedia
David O. Carter is a United States District Court
Judge for the Central District of California.
cum laude 1967) and his law degree (J.D.
1972) from the University of California, Los Angeles
.
After graduating from college, Carter accepted a commission in the United States Marine Corps
. He was promptly dispatched into service in Vietnam
during the Vietnam War
where he fought in the Battle of Khe Sahn in 1968. Carter was released as a First Lieutenant
following his service in Vietnam. His military awards and decorations include a Bronze Star
and a Purple Heart
.
Carter began his legal career as an Assistant District Attorney with the Orange County
District Attorney's Office in 1972 where he became the senior deputy district attorney
in charge of the office's homicide division. Carter filed charges and was the initial prosecutor in the case of serial killer William Bonin
, also known as "The Freeway Killer," who became the first person executed by lethal injection
in California
in 1996.
In addition to his judicial functions, Carter has lectured fellow judges at the California Judges College, the Judicial Criminal Law Institute, and the Ninth Circuit Judicial Conference. He also speaks frequently with judges abroad, including engagements in Brazil
, Bosnia
, China
, the Philippines
, and Malawi
. Carter also teaches an undergraduate course on international narcotics trade at the University of California, Irvine
, where he has received the school's Distinguished Professors Award three times, and has taught at Whittier Law School
's Summer Abroad Program.
. One year later, he became an Orange County Superior Judge, a position that he held until joining the federal judiciary in 1998. Carter initiated a variety of programs to assist in the rehabilitation of convicted felons, including a tattoo removal program for gang members, and was active in planning the county's Law Day festivities. He earned the nickname "King David" from attorneys while serving as the Supervising Judge of the court's Criminal Division.
on June 25, 1998 to fill a seat vacated by William J. Rea
. Carter was confirmed by the United States Senate
on October 21, 1998, and received his commission the following day. He now sits in the Southern Division of the Central District of California in Santa Ana, California
.
As a jurist, Carter is known for his intellect, courteous judicial demeanor, work ethic, and expertise in complex criminal cases. Although he is assigned to the Central District of California, Carter also regularly sits by designation in the District of Idaho and on occasion in the Ninth Circuit Court of Appeals and in the District of Guam
.
in 2000 ordering Orange County
public school officials to allow a Gay-Straight Alliance
club organized by students to meet on campus. Carter held that the Equal Access Act
requires a public high school, which accepts federal funding and establishes a limited open forum for non-curriculum-related student groups, to allow a student group promoting homosexual tolerance for to meet on campus.
The case settled after Carter issued the injunction when the school board agreed to recognize the Gay-Straight Alliance organization. Although the case was politically controversial, Orange County School Board member Linda Davis later admitted at a board meeting on November 18, 2000 that Carter's legal ruling was correct: "We know the law is on their side, but our community members don't want it."
on charges of murder
, attempted murder
, conspiracy
to murder, extortion
, robbery
, and various drug trafficking and firearm
s crimes. Much of the case involved a triple homicide
that occurred in 1998.
The case was severed into three trials, with Carter presiding over each, and lasted for a combined 18 months. Following the conviction of Mariano "Chuy" Martinez on murder charges, the prosecution sought the death penalty, making it the first capital case to be tried in Los Angeles
federal court since 1950. A jury ultimately spared Martinez, sentencing him instead to life imprisonment.
, in the battle over the estate of her late husband, billionaire
J. Howard Marshall
. The case came to Carter on appeal following a federal bankruptcy court ruling that awarded Smith $475 million of her late husband's $1.6 billion fortune.
Carter ultimately concluded that Howard's son, E. Pierce Marshall
, interfered with Smith's attempts to collect her inheritance
. "The evidence of willfulness, maliciousness, and fraud is overwhelming," Carter wrote in his 54-page opinion. Upon finding that Smith had a reasonable expectation that she would receive a portion of her husband's estate without interference, Carter held that Smith was entitled to collect $44.3 million in punitive damages
and $44.3 million in compensatory damages against Pierce Marshall.
The Ninth Circuit Court of Appeals vacated Carter's order on the grounds that he lacked jurisdiction
to hear the case because federal jurisdiction
interfered with Texas
probate court proceedings. The Supreme Court of the United States
reversed the Ninth Circuit, concluding in a unanimous opinion that Carter properly exercised jurisdiction over Smith's claim and remanded the case for further proceedings. However, on remand from the Supreme Court, the Ninth Circuit determined that Carter should have deferred to the earlier decision of the Texas probate court, and directed Carter to enter judgment for Marshall.
on racketeering charges of forty alleged members of the Aryan Brotherhood
("AB"), a notorious prison gang
. This indictment alleges that the AB ordered thirty-two murder
s over a 23-year period and charges forty-one AB gang members and associates with violations of the federal RICO Act
. Twenty-six defendant
s were eligible for the death penalty, making this the largest capital indictment in federal history.
Twenty of the defendants charged in the indictment were assigned to Carter, including two of the three commissioners of the AB's federal faction, Barry "The Baron" Mills
and Tyler "The Hulk" Bingham
. Following a six-month trial
, a jury
convicted both Mills and Bingham of committing Violent Crimes in Aid of Racketeering (VICAR) and murder. The jury deadlocked on the death penalty, and both have been sentenced and are now serving life terms at ADX Florence
, the federal system's sole supermax
facility.
The trials of several remaining defendants are currently ongoing before Carter and other judges in the Central District of California.
, commenting that the power to remove a sitting president from office
resides with Congress, not the judiciary.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Judge for the Central District of California.
Biography
Carter is a "Double Bruin," having received both his bachelor's degree (B.A.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
cum laude 1967) and his law degree (J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
1972) from the University of California, Los Angeles
University of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
.
After graduating from college, Carter accepted a commission in the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
. He was promptly dispatched into service in Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
where he fought in the Battle of Khe Sahn in 1968. Carter was released as a First Lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
following his service in Vietnam. His military awards and decorations include a Bronze Star
Bronze Star Medal
The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the...
and a Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...
.
Carter began his legal career as an Assistant District Attorney with the Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
District Attorney's Office in 1972 where he became the senior deputy district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
in charge of the office's homicide division. Carter filed charges and was the initial prosecutor in the case of serial killer William Bonin
William Bonin
William George Bonin was an American serial killer and a twice-paroled sex offender, also known as the Freeway Killer, a nickname he shares with two other serial killers. Between 1979 and 1980, Bonin tortured, raped and killed a minimum of 21 boys and young men, and is suspected of committing a...
, also known as "The Freeway Killer," who became the first person executed by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
in 1996.
In addition to his judicial functions, Carter has lectured fellow judges at the California Judges College, the Judicial Criminal Law Institute, and the Ninth Circuit Judicial Conference. He also speaks frequently with judges abroad, including engagements in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, Bosnia
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, and Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
. Carter also teaches an undergraduate course on international narcotics trade at the University of California, Irvine
University of California, Irvine
The University of California, Irvine , founded in 1965, is one of the ten campuses of the University of California, located in Irvine, California, USA...
, where he has received the school's Distinguished Professors Award three times, and has taught at Whittier Law School
Whittier Law School
Whittier Law School is a law school in Costa Mesa, California. Founded in 1966, it is a fully accredited ABA law school in Orange County, California. A private university, it is part of Whittier College.-History:...
's Summer Abroad Program.
Orange County Superior Court
In 1981, Carter joined the bench as a Municipal Court Judge in Orange County, CaliforniaOrange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
. One year later, he became an Orange County Superior Judge, a position that he held until joining the federal judiciary in 1998. Carter initiated a variety of programs to assist in the rehabilitation of convicted felons, including a tattoo removal program for gang members, and was active in planning the county's Law Day festivities. He earned the nickname "King David" from attorneys while serving as the Supervising Judge of the court's Criminal Division.
United States District Court
Carter was nominated by President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on June 25, 1998 to fill a seat vacated by William J. Rea
William J. Rea
William J. Rea was a United States federal judge.Born in Los Angeles, California, Rea received a B.A. from Loyola University, Los Angeles, California in 1942. He was in the United States Navy during World War II, from 1941 to 1946. He then received an LL.B. from the University of Colorado School...
. Carter was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on October 21, 1998, and received his commission the following day. He now sits in the Southern Division of the Central District of California in Santa Ana, California
Santa Ana, California
Santa Ana is the county seat and second most populous city in Orange County, California, and with a population of 324,528 at the 2010 census, Santa Ana is the 57th-most populous city in the United States....
.
As a jurist, Carter is known for his intellect, courteous judicial demeanor, work ethic, and expertise in complex criminal cases. Although he is assigned to the Central District of California, Carter also regularly sits by designation in the District of Idaho and on occasion in the Ninth Circuit Court of Appeals and in the District of Guam
District Court of Guam
The District Court of Guam is a United States territorial court with jurisdiction over the Territory of Guam. It sits in the capital, Hagåtña....
.
Gay-Straight Alliance (Colin ex rel. Colin v. Orange Unified School District)
In the first ruling of its kind, Carter issued a preliminary injunctionPreliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
in 2000 ordering Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
public school officials to allow a Gay-Straight Alliance
Gay-straight alliance
Gay–straight alliances are student organizations, found primarily in North American high schools and universities, that are intended to provide a safe and supportive environment for lesbian, gay, bisexual, and transgender youth and their straight allies .-Goal:The goal of most, if not all,...
club organized by students to meet on campus. Carter held that the Equal Access Act
Equal Access Act
The Equal Access Act is a United States federal law passed in 1984 to compel federally-funded secondary schools to provide equal access to extracurricular clubs...
requires a public high school, which accepts federal funding and establishes a limited open forum for non-curriculum-related student groups, to allow a student group promoting homosexual tolerance for to meet on campus.
The case settled after Carter issued the injunction when the school board agreed to recognize the Gay-Straight Alliance organization. Although the case was politically controversial, Orange County School Board member Linda Davis later admitted at a board meeting on November 18, 2000 that Carter's legal ruling was correct: "We know the law is on their side, but our community members don't want it."
Mexican Mafia Trials (United States v. Fernandez, et al.)
Between 2000 and 2001, Carter presided over the longest criminal trial in the history of the Central District of California. This case involved the prosecution of more than forty alleged members of the Mexican MafiaMexican Mafia
The Mexican Mafia , also known as La Eme , 13 is a Mexican American criminal organization, and is one of the oldest and most powerful prison gangs in the United States.-Foundation:...
on charges of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to murder, extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, and various drug trafficking and firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s crimes. Much of the case involved a triple homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
that occurred in 1998.
The case was severed into three trials, with Carter presiding over each, and lasted for a combined 18 months. Following the conviction of Mariano "Chuy" Martinez on murder charges, the prosecution sought the death penalty, making it the first capital case to be tried in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
federal court since 1950. A jury ultimately spared Martinez, sentencing him instead to life imprisonment.
Anna Nicole Smith (In re Marshall)
In 2002, Carter awarded over $88 million in damages to former Playboy Playmate Vickie Lynn Marshall, better known as Anna Nicole SmithAnna Nicole Smith
In 1992 Smith was chosen by Hugh Hefner to appear on the cover of the March issue of Playboy, where she was listed as Vickie Smith, wearing a low-cut evening gown. The centerfold was photographed by Stephen Wayda. Smith said she planned to be "the next Marilyn Monroe". Becoming one of Playboys...
, in the battle over the estate of her late husband, billionaire
Billionaire
A billionaire, in countries that use the short scale number naming system, is a person who has a net worth of at least one billion units of a given currency, usually the United States dollar, Euro, or Pound sterling. Forbes magazine updates a complete list of U.S. dollar billionaires around the...
J. Howard Marshall
J. Howard Marshall
James Howard Marshall II was an American business magnate, university professor, attorney, and federal government official...
. The case came to Carter on appeal following a federal bankruptcy court ruling that awarded Smith $475 million of her late husband's $1.6 billion fortune.
Carter ultimately concluded that Howard's son, E. Pierce Marshall
E. Pierce Marshall
Everett Pierce Marshall was an American businessman and a son of J. Howard Marshall II.According to a Dallas Morning News article, he was a very private man, but became known due to defending the long-running legal dispute from his father's third wife, Anna Nicole Smith.Marshall attended...
, interfered with Smith's attempts to collect her inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
. "The evidence of willfulness, maliciousness, and fraud is overwhelming," Carter wrote in his 54-page opinion. Upon finding that Smith had a reasonable expectation that she would receive a portion of her husband's estate without interference, Carter held that Smith was entitled to collect $44.3 million in punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
and $44.3 million in compensatory damages against Pierce Marshall.
The Ninth Circuit Court of Appeals vacated Carter's order on the grounds that he lacked jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear the case because federal jurisdiction
Federal jurisdiction
The United States of America being a federal country is made up of many States and a central government. This central government may be known as the Union, the United States, or the Federal government...
interfered with Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
probate court proceedings. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
reversed the Ninth Circuit, concluding in a unanimous opinion that Carter properly exercised jurisdiction over Smith's claim and remanded the case for further proceedings. However, on remand from the Supreme Court, the Ninth Circuit determined that Carter should have deferred to the earlier decision of the Texas probate court, and directed Carter to enter judgment for Marshall.
Aryan Brotherhood Trials (United States v. Mills, et al.)
Carter has been heavily involved in the proceedings arising from the 2002 indictmentIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
on racketeering charges of forty alleged members of the Aryan Brotherhood
Aryan Brotherhood
The Aryan Brotherhood, also known as The Brand, the AB, or the One-Two, is a white supremacist prison gang and organized crime syndicate in the United States with about 20,000 members in and out of prison...
("AB"), a notorious prison gang
Prison gang
Prison gang is a term used to denote any type of gang activity in prisons and correctional facilities. Prison officials and others in law enforcement use the term security threat group or STG...
. This indictment alleges that the AB ordered thirty-two murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s over a 23-year period and charges forty-one AB gang members and associates with violations of the federal RICO Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
. Twenty-six defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s were eligible for the death penalty, making this the largest capital indictment in federal history.
Twenty of the defendants charged in the indictment were assigned to Carter, including two of the three commissioners of the AB's federal faction, Barry "The Baron" Mills
Barry Mills (Aryan Brotherhood)
Barry Byron "The Baron" Mills is a leader of the Aryan Brotherhood prison gang. In March 2006, Mills, along with three other leaders of the Aryan Brotherhood, including Tyler Bingham, were indicted for numerous crimes, including murder, conspiracy, drug trafficking, and racketeering...
and Tyler "The Hulk" Bingham
Tyler Bingham
Tyler "The Hulk" Bingham is a lieutenant in the Aryan Brotherhood prison gang. Bingham, along with three other leaders, including Barry Mills, was prosecuted on racketeering and conspiracy charges for ordering killings and beatings from his cell....
. Following a six-month trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
, a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
convicted both Mills and Bingham of committing Violent Crimes in Aid of Racketeering (VICAR) and murder. The jury deadlocked on the death penalty, and both have been sentenced and are now serving life terms at ADX Florence
ADX Florence
The United States Penitentiary Administrative Maximum Facility is a supermax prison for men that is located in unincorporated Fremont County, Colorado, United States, south of Florence. It is unofficially known as ADX Florence, Florence ADMAX, Supermax, or The Alcatraz of the Rockies...
, the federal system's sole supermax
Supermax
Supermax is the name used to describe "control-unit" prisons, or units within prisons, which represent the most secure levels of custody in the prison systems of certain countries...
facility.
The trials of several remaining defendants are currently ongoing before Carter and other judges in the Central District of California.
Barnett v. Obama
In 2009, Carter dismissed a lawsuit, Barnett v. Obama, challenging President Barack Obama's election and assumption of office because of the claims that Obama was not a natural born citizen of the United StatesBarack Obama citizenship conspiracy theories
Conspiracy theories about the citizenship of Barack Obama claim that Barack Obama is not a natural-born citizen of the United States and is therefore not eligible to be President of the United States under Article Two of the U.S. Constitution. Some theories allege that Obama was born in Kenya, not...
, commenting that the power to remove a sitting president from office
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
resides with Congress, not the judiciary.