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A trial was tentatively set for Jan. 26, 2010, by a California judge in challenge over Barack Obama's eligibility to be president. The question is on his qualifications under the requirements of the U.S. Constitution. Was he born in the U.S. or not, "Where's the birth certificate?" A President of the U.S. must be a natural born citizen according to the constitution.

The lawsuit claims that Obama is actually a citizen of Indonesia and "possibly still a citizen of Kenya, usurping the position of the president of the United States of America and the commander-in-chief."

"It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution's textual commitments, that challenges to the qualifications of a candidate for president can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress," wrote Assistant U.S. Attorneys Roger West and David DeJute. "Therefore, challenges such as those purportedly raised in this case are committed, under the Constitution, to the electors, and to the Legislative branch."

Those defending President Obama are filing to try and block any discovery of evidence and to stop this case from going forward.