Open Door for Discovery in Carter Decision

Judge David Carter’s recent motion to limit discovery in the case, Barnett v. Obama, has opened up a window of opportunity. Vice President Cheney failed to call for objections as the statute requires. At about the 27:00 minute mark Cheney did not follow the proper procedure according to statute.

The recent decision, from Judge Carter, failed to quoted the relevant passage from 3 U.S.C. § 15 which states:

Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof.

The DOJ clipped the statute so as to leave out the part which places a burden on the Vice President, acting in his role as President of the Senate, to call for objections after the count of votes.