Berg PR Vows Successful Appeal; USJF Says Obama Nomination Papers Perjurious; Dr. Taitz: “Cease and Desist” on Domain
Attorney Philip Berg, advisor for the Plaintiff in Hollister v. Soetoro, issued a press release regarding the basis for the appeal of this case:
For Immediate Release: – 04/09/2009
Berg states Hollister case has been ‘Appealed’ as Opinion is so ‘outrageous’ and Sanction
imposed was ‘totally unfair’ Judge showed his total bias since case was filed We will be successful on Appeal !
Spread the word !(Lafayette Hill, PA – 04/09209) – Philip J. Berg, Esquire, the first Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of Constitutional “qualifications/eligibility” to serve as President of the United States and his cases that are still pending, Berg vs. Obama [2 cases – 1 under seal] and Hollister vs. Soetoro a/k/a Obama, et al announced today that an Appeal has been filed in the Hollister case for several reasons.
Judge James Robertson showed his bias from the time the case was filed: 1) Berg and Joyce filed Motion for Admission Pro Hac Vice and Judge Robertson stated he would hold in abeyance until we appeared in front of him ……….and then he would make a decision if we should be admitted…….; 2) Judge Robertson never scheduled a Hearing regarding our Motion Pro Hac Vice; 3) Judge Robertson was aware our local Washington, DC attorney, age 84, was not computer savvy; 4) Judge Robertson issued two [2] Orders, one [1] with two [2] days to respond and one [1] with one [1] day to respond, Motions that we responded to because others made us aware.
The decision by Judge Robertson in dismissing our case showed further his bias as he made statements that were totally untrue and no evidence thereof had been presented. Specifically, Judge Robertson stated how Obama’s citizenship has been “vetted, blogged, texted, twittered” during the two years of his campaign. This statement regarding Obama is so outrageous as Obama was never vetted or otherwise questioned.
Further, Judge Robertson keeps referring to Obama being “Native-born,” a new term in the efforts to justify Obama’s citizenship. The Constitution and all lawsuits attempting to discover the “truth” about Obama refer to the words in the Constitution, that being “Natural Born.”
Without testimony being presented, Judge Robertson decides our Interpleader case is “frivolous,” a decision that we completely differ with.
Judge Robertson refers to attorney Joyce and myself as “agents provocateurs.” I am honored by this designation because it shows that we are determined to expose the HOAX of Obama, the greatest HOAX upon the citizens of the United States in the history of our country, over 230 years.
The imposition of sanctions by way of a “Reprimand” to our local counsel, John D. Hemenway, Esquire was uncalled for and another attempt by Judge Robertson to stop the legitimate search for the truth about Obama’s citizenship.
The following remarks by Margaret Calhoun Hemenway are right on point, “This is not a political issue – it is a legal issue and one of paramount national importance. Some question the wisdom of “undoing” an election if Obama’s doubters are proven right. My father-in-law has lived through a World War, an actual impeachment and a President who was forced to resign under threat of impeachment – the nation survived, without chaos. The greatest danger to our freedom is disrespect for the Constitution and a President, who by his failure to provide evidence of his eligibility for the Presidency, evidently doesn’t believe the rules should apply to him.”Berg continued, “The Obama candidacy is the biggest “HOAX” perpetrated on the citizens of the United States in 230 years, since our nation was established. Obama must be legally removed from office.
I believe that 10 to 15 million people are aware of the Obama ‘HOAX,’ and we must make 75 million people aware. When people are made aware of the Obama ‘HOAX,’ that Obama has not proven he is constitutionally ‘qualified/eligible’ to be President; that Obama has not produced his original (vault version) ‘Birth Certificate;’ that Obama has not produced legal documents to show he legally changed his name from his ‘adopted’ name of ‘Barry Soetoro’ from Indonesia; they will demand Obama be removed from his office of President of the United States.”Berg concluded, “I am proceeding for the 305 + million people in ‘our’ U.S.A., for ‘our’ forefathers and for the tens of thousands of men and women that have died and/or been maimed defending our Constitution, with our legal fight to prove that Obama is not constitutionally qualified/eligible to be President.”
The following is an update on my three [3] pending cases regarding my challenge to Obama’s lack of qualifications/eligibility to be President.
Also, I am preparing to file a 4th case – Quo Warranto [challenge person in office - that does not meet the qualifications].
As you know, I was the first to legally raise the issue – having filed my lawsuit on August 21, 2008, before the DNC Convention
Status of Cases:
Berg vs. Obama, Third Circuit Court of Appeals No. 08 – 4340
Brief have been filed by all parties.
This is case that was dismissed in U.S. District Court, Eastern District of PA
Judge Surrick dismissed for lack of “standing” by Philip J. Berg
This is case that I bypassed Third Circuit to U.S. Supreme Court – where U.S. Supreme Court denied several Injunctions and to hear case.
However, case is still alive in Third Circuit.
Oral argument is scheduled for the end of May 2009.Berg vs. Obama, U.S. District Court
Case filed under seal on 11/07/08 – cannot be discussedHollister vs. Soetoro a/k/a Obama,
U.S. Court of Appeals for the District of Columbia, No. 09-5080
U.S. District Court for the District of Columbia, No. 08-cv-02254
This is the case of retired Air Force Colonel Hollister who is on lifetime Presidential recall.
Hollister needs to know if recalled by Soetoro/Obama – must he obey an Order by legal President or disobey the illegal Order by a constitutionally ineligible/unqualified “Usurper” President.
Case was dismissed and Sanction of “Reprimand” imposed on our local attorney.
Appeal has been filed to the U.S. Court of Appeals for the District of Columbia.For copies of all Press Releases and Court Pleadings, go to:
obamacrimes.com
The United States Justice Foundation, via WorldNetDaily, has come out with the following allegation regarding the President:
Obama Nomination Papers Are Perjurious!
Tell All 50 State Attorneys General To Investigate NOW The Compelling Evidence That Barack Obama Was Born In Africa!
I dared bring Barack Obama into court to force him to produce his birth certificate and put an end to the controversy over his status as a “natural born” citizenship once and for all. And now he’s coming after me and the United States Justice Foundation (USJF) — the public-interest legal group that I founded over 30 years ago — with a vengeance! Merely because we dare to seek the truth!
And they must have something to hide, because Mr. Obama’s attorneys have threatened to spend, and then sanction, USJF out of existence.
USJF has started efforts to convince State Attorneys General, all across the country, to investigate whether Barack Obama has committed perjury by knowingly filing false nomination papers … claiming to be constitutionally eligible to run for, and serve as, President of the United States. As you know, the available evidence shows that he was born in Africa. A FAX to all 50 State Attorneys General is available for you to send right now.
You see, even though it’s past January 20, 2009 — inauguration day — Barack Obama can still be stopped from becoming an illegal “squatter” in the White House.
Frankly, the evidence that Barack Hussein Obama was born in Africa — not Hawaii as he claims – and, therefore, cannot serve as the President of the United States, is compelling.
- First, Mr. Obama’s refusal to release his birth certificate. If he has nothing to hide, what does he gain by refusing to allow the press to see the birth certificate?
- Second, the contention by Barack Obama’s half-sister, Maya Soetoro-Ng, that Mr. Obama was born in a particular Hawaiian hospital, only to claim that it was in a different hospital several years later.
- Third, the erecting of a wall around Barack Obama’s grandmother, the late Madelyn Dunham, by Mr. Obama, thus cutting off access to the one person then alive who would have been present if he was actually born in Hawaii.
- Fourth, the posting of law enforcement personnel at the two hospitals in Honolulu mentioned by Ms. Soetoro-Ng in an effort to block the press from discovering the truth about the birth certificate.
- Fifth, a taped phone conversation with Mr. Obama’s step-grandmother in Kenya, who claims that she was present at his birth … in what is now called Kenya!
- Sixth, the “birth certificate” posted on the Obama campaign website and other liberal websites. Since Barack Obama was born in 1961, long before laser printers and office computers, his original birth certificate would be typewritten … unlike the laser printed “copy” purported to be genuine.
The evidence demands that Barack Obama answer why he has been hiding the truth from the American people about his eligibility to run for, and serve as, President!
That’s right. Not only does Mr. Obama continue to categorically refuse to produce the decisive evidence proving whether he is a “natural born” citizen, his high-priced LA-based “dream team” of attorneys has USJF squarely in its crosshairs! And they’re loading both barrels!
So, unless you help me and my team here at USJF to stand our ground in court, Mr. Obama’s hired guns could blow a financial hole in USJF’s ability to be the proverbial thorn in Mr. Obama’s side!
Barack Obama continues to battle any attempt to see his real birth certificate – producing only a phony one posted on his website — as well as fighting us tooth and nail as we seek access to his college records… records which we believe may prove that he was foreign born!
USJF served a subpoena upon Occidental College to gain access to Mr. Obama’s college records and we are fighting to get at the truth on many other fronts, as well, including:
- Appealing a case filed by USJF in California, all the way up to the United States Supreme Court, if necessary, on behalf of 2008 Presidential candidate Alan Keyes, calling into question Mr. Obama’s status as a “natural born” citizen;
- Funding, and assisting local attorneys and Plaintiffs, in similar lawsuits, in Ohio, Hawaii, and Mississippi, AND we’re considering filing more lawsuits in other states; and
- We have initiated a campaign demanding that your State Attorney General take action now, which I’ll tell you about momentarily…
You see, when Barack Obama officially entered the office of President, he became, in essence, a “pretender to the throne.” According to the Constitution, only a “natural born citizen” can occupy the presidency.
Even though he was sworn in on January 20, 2009, Barack Obama is not legally the President of the United States, unless he can prove that he is a “natural born citizen.”
What’s more, every action taken by him while he occupies the White House may be invalid. If he cannot legally be President, every law passed by Congress will be null and void because the Constitution clearly requires that all laws be signed by the President … and, without a legally elected and sworn in President in office, that becomes an impossibility.
Quite frankly, this crisis must be ended! And it must be ended now!
And that’s just what we’re fighting to do. The United States Justice Foundation is spearheading a campaign to protect the United States Constitution … and your liberty.
We have to press our case to stop Barack Obama from, apparently, illegally holding the Presidency, despite the ongoing threats against us. We are speaking of filing additional lawsuits and administrative actions, over and above the dozens already filed, if you will help us today.
I need your help right now in order to win this battle. We must raise the needed funds to continue our legal research, pay court costs and lawyer fees, and to contact all 50 State Attorneys General. Helping USJF with this campaign is your best shot, and, possibly your only chance, at finding out whether Barack Obama is legally holding the Presidency of our great nation, or whether he is a fraud, a usurper!
My friend, please take action immediately. Please FAX all 50 State Attorneys General and please send to me your best possible gift to help USJF stop Barack Obama from continuing his apparent theft of the Presidency!
Are you willing to see the Constitution shredded by the Left? Will you sit back and do nothing while a foreign-born person may be illegally occupying the White House as President of the United States?
We will not be intimidated. But we MUST have your help immediately if USJF is to survive this fight to the finish — and if the U.S. Constitution is to weather this crisis intact!
Our country is on the fast track to disaster … but you can help us keep the situation from getting worse. I pray that I’ll hear from you today.
In His Name,
Gary Kreep, Executive Director
United States Justice FoundationP.S. America has never before faced such a threat. Everything we hold dear is at risk with Barack Obama sitting as President without him releasing his actual birth certificate. Please, send in your best possible gift today!
P.P.S. And don’t forget to check out our website at www.usjf.net for more information about this case and other critical issues affecting our nation.
See my category of Candidate Qualifications for further info about this issue.
Also, it appears that the domain name defendourfreedoms.us, the web site that Dr. Orly Taitz has been using recently to post her articles, has been redirected to a GoDaddy.com landing page.
I’m wondering if someone mis-redirected the URL to point to this page instead of the appropriate index page?
Update: Thanks to commenter “Gina“, a backup site is apparently now being used for further updates:
This is her backup blog.
Update: As I maintained in the below commentary, there apparently was a miscommunications issue RE: defendourfreedoms.us.
Update: Dr. Taitz has recently said the following in an email regarding her defendourfreedoms.us situation:
this is not a correct site and the explanation is wrong, it is being investigated by the fbi you can call me at 949-683-5411 for explanation. The web master Lisa Ostella has locked me out of my own site and refused to forward the codes to me after I reported hacking into the pay pal account.Orly Taitz DDS Esq
Update: Here’s the latest:
Ceize and Desist
04.13.09.
Ms. Ostella,This is a Ceize and Desist Letter, advising you to stop immediately operation of sites and shut down DefendOurFreedoms.net; DefendOurFreedoms.US; DefendOurFreedoms.Org, and DefendOurFreedoms.Com and any other relating sites that you have been operating after I requested transfer. You have used those sites for defamatory purpose of me and my foundation and you have used my likeness and my material without my permission. If you do not shut down above sites immediately, further actions will be taken.
Sincerely,
Dr. Orly Taitz Esq
-Phil
JeffM says:
April 19, 2009 at 7:29 am
“new pattern at SCOTUS”
SCOTUS has no power to Impeach.
Dr. Orly’s webmaster, Lisa Ostella AKA Lisa Liberia AKA CALPERNIA has been caught stealing money from Dr. Orly’s PayPal account. This woman has a long criminal rap sheet.
Expect the story to break shortly.
H.R. 1503 – To amend the Federal Election Campaign Act of 1971 to require proof of citizenship for presidential candidates.
Makes one wonder, why now????
brygenon wrote:
And once the lid gets blown off of this regime (and it will be), we’re going to see a new pattern at SCOTUS:
IMPEACHED, IMPEACHED, IMPEACHED, IMPEACHED…
http://home.att.net/~south.tower/ObamaHawaiiLies1.htm
Seems alleged Obama mama Stanley Ann Dunham still alive and doing well at age 66. The Obama story claims she died of cancer age 52. Where, who is Obama’s white mother? Her name is on the vault birth certificate Hawaii claims to have. Nationality and citizenship included. In an out of wedlock birth the mother determines the nationality and citizenship. Enjoy
HistorianDude can you give me your definition of a natural born citizen?
thanks
TN Lawyer,
“Regarding your legal analysis of the Holister case, it is pure RUBBISH!”
GeorgetownJD’s analysis of all these birther lawsuits has been 100% accurate so far. I suspect the analysis of the Holister case will be no different. “Motion to dismiss. Granted.”
Gary Bagley….
The SSS documents are completely untampered with and perfectly ordinary.
1. In 1981, the Record Locator Number (RLN) was a ten digit number, the first three digits representing the data entry location. 089 stood for the Internal Revenue Service who had been contracted by the newly reconstituted SS to input the mailed in forms.
2. In preparation for Y2K, an 11th digit was added in 1998 (I.e. the additional 8).
3. The Postage Stamps are perfectly normal, as the USPS continued to use their USPO stamps until they wore out… in some cases more than ten years after the change.
So… your first “fact” is total BS.
What fraud are you imagining there? And by whom? A list of names and addresses are hardly evidence of a crime. You know what a crime is, right?
Your second “fact” is also BS.
1. His mother’s and stepfather’s divorce papers do not ever mention his name once.
2. His “application” asked only for names under which he has practiced law. He has done so only under the name “Barack Obama.”
3. Th “application” asks nothing about religion or native country.
Your third “fact” is total BS.
You Birthers have already seen a “legal court certificate.”
1. Obama’s COLB explicitly and perfectly meets the detailed requirements of the US State Department for proof of citizenship at birth.
2. It does show that he was born in the US, and who his parents were.
3. There are no requirements that his parents must have lived in the USA five years after he was born or that they both need be American.
Your fourth “fact” is excruciatingly pungent BS.
[unneeded verbiage]
Bob,
Hope and Deception is the practice of Obama Lawyers of which I am not one.
brygenon,
You believe Obama and you accuse me of being out of touch with “reality?”
georgetown,
Ad Hominen belie one of meager intellect but I won’t call you a “clown.”
Regarding your legal analysis of the Holister case, it is pure RUBBISH!
However, I do expect that when a Republican majority takes over in Congress in 2010 that there will be hearings regarding the impeachment of Robertson.
While there’s a possibility that first expectation may happen, don’t place any money on the second one.
More to the point of my post is the possibility that Robertson by his outrageously unjust rulings has opened the door for discovery of that which Obama is trying to hide.
Seriously? A lawyer saying this? Please.
It is highly likely that discovery of that which Obama is trying to hide in any one of these Eligibility Cases will lead to the termination of Obama’s Presidency whether it be for legal, political or “personal” reasons.
Keep hope alive!
to Mr. Koyaan
to Mr. Judas it is
To Mr. Reslapsa
to Mr. cyber law
Boys Boys Boys ; let us consider obamas charter.
Selective Service recoard????? Fraud. 7 different accounts of breaking the law on the document.
You can not hold a office of this nature (Prez) of usa.
Social Security # Fraud. 100 different locations throughout the usa.
Law dregee Fraud. Broke the law by missreprsenting on the application a illigel name. (Devorce papers of the mother and father show his name as Berry Sotero, not Obama)Also school recoards show him as a Musolum and a native of another country.
Birth Cirtificate Fraud. Us birthers want to see a legal court cirtificate , with the required information like , Country born in , date. ( for the age requirement ) , parents of the child.
(two in the Usa and both must be american that have lived in the U.S.A. Five years after Obama was born.
These are documant from other approvied courts .
In the state of california the judge must be able to provide prof
that suit is not the real thing , when appling Sanctions .
Sanctions for these documents the judge must show evidence that these are false.
Where is the evidence ??????????? to discredate these court papers??
Mr. Bouer is now in a very bad spot with his approch.
and places the judge on the side of Berg,Orly,Pozzo,Martian,that is helping prove Obama is not qualified to be the president.
This is why We Birthers want to see the long form B.C.
g.b.
TN Lawyer,
Unless you are the clown in the rodeo, then you know that removal of a federal judge requires more than disagreement with his rulings. Impeachment requires intoxication on the bench, abuse of the contempt power, favoritism in the appointment of bankruptcy receivers, income tax evasion, perjury.
Judge Robertson properly dismissed an interpleader in which there was no real “property” to be deposited with the court. Berg/Joyce/Hemenway cited inapposite cases, and with respect to some of their authorities, Judge Robertson found the cases actually supported dismissal. The Third Circuit will affirm, the Supreme Court will deny certiorari, and Judge Robertson’s ruling will be vindicated.
Someone playing a lawyer on the net wrote:
You’re not dealing with reality. Your complaint against Robertson is “directly related to the merits of a decision or procedural ruling”, which alone is grounds for its dismissal under the Judicial Conduct and Disability Act of 1980.
In the history of the the U.S., the House has impeached just 13 federal judges (one of whom is now a member of the House).
And remember, it’s not just Robertson. The birthers like to blame biased judges or paid-off judges or treasonous judges, but they lose every time they go before real judges.
I just want to take a moment to Thank You and Dr. Orly Taitz for continuing this fight. I know it must be difficult at times. More than 350,000 Americans support the truth, “Truth Will Prevail”
“The Supreme Court will ultimately decide Obama’s fate, not a lower court like Robertson.”
More like Berg’s fate. “Motion to dismiss: Granted.”
Why does the site still say “President-elect Obama” at the top? You may not like him but he is the President.
Jacqlyn Smith wrote,
It is not going away because it is not going anywhere. That’s how conspiracy theories are. You are free to imagine Obama’s birth certificate to be fake; the effect is within your head.
“Berg PR Vows Successful Appeal” declares the headline. Well Berg can vow his littler heart out. President Obama faces great challenges, and the birthers are not one of them.
Dr Orly DDS Esq said:
The biggest mystery of all is how Dr. Orly passed the CA bar?
I was once approached about taking a professional licensing examination for someone else for money (not the bar and they were really only joking out of frustration from having failed it more than once). I refused naturally.
I read on Orly’s blog that a real lawyer has filed a very serious complaint to the CA Bar about Dr. Orly and her breaking various rules in various states. Of course anyone can write things like that on blogs. I am not saying it is true. Time will tell.
Ceize and Desist? That, and the spelling and grammatical errors rampant in her legal filings and postings…how did this woman pass the California Bar exam?
GeorgetownJD,
I appreciate your insight re: “disqualification of Robertson,” but this ain’t my first time at a legal rodeo, i.e., I know that getting a judge like Robertson “to recuse himself” or “be impeached by Congress” with a majority of Democrats in Congress is not likely.
However, I do expect that when a Republican majority takes over in Congress in 2010 that there will be hearings regarding the impeachment of Robertson.
More to the point of my post is the possibility that Robertson by his outrageously unjust rulings has opened the door for discovery of that which Obama is trying to hide.
It is highly likely that discovery of that which Obama is trying to hide in any one of these Eligibility Cases will lead to the termination of Obama’s Presidency whether it be for legal, political or “personal” reasons.
nonotes wrote:
Couldn’t agree more.
k
Phil wrote:
Your conservative side should listen more often to your libertarian side.
k
TN Lawyer (I assume TN stands for “The Non”) wrote,
The U.S. Supreme court said, “Petition DENIED”, “Petition DENIED”, “Petition DENIED”, and “Petition DENIED”. If you look closely, you might notice a pattern.
Koyaan says:
April 12, 2009 at 11:21 pm
“dvance wrote:
“Its a shame if Obama doesnt have nothing to hide he would just release everything ,it would be over.
Oh please. If you believe that, Father Time has some oceanfront property in Nevada to sell you.” ”
You wrote in response:
A scanned image of his Certification of Live Birth was provided.
Declared a fake.
Photographs of it were provided.
They were declared fakes.
Announcements in the two Hawaii Newspapers?
Granny had them placed there.
What? They were provided by the Health Department and not individuals?
Must be fakes then.
His Selective Service registration was FOIAed.
Declared a fake.
So please don’t feed people this nonsense that if he released this or that it would be over.
k”
My reply!
Even if the certification is a genuine copy supplied by the state of Hawaii it doesn’t satisfy the legal requirement to have it show up in court.
Barry Soetoro is a Harvard educated attorney that should know what constitutes admissable evidence…
The certification of live birth states on it’s face:
“This copy serves as prima facie evidence of the fact of birth in any “COURT PROCEEDING”. [HRS 338-13(b), 338-19]
ANY alteration invalidates this certificate.”
The certification has never shown up in a court proceeding as evidence…
Which means the posting of this certification on a website, being examined and photographed by factcheck amounts to zero LEGAL evidence as to whether it is a valid document issued by Hawaii.
You might ask – “But what about the statement by vital statistic employee Okana?”
Hawaiian privacy laws forbids a state official in the person of Onaka from disclosing or verifying any information
pertaining to Barry Soetoro’s birth incuding verifying the information on the certification of live birth as accurate.
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0018.htm
“§338-18 Disclosure of records. (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, **or to disclose information contained in vital statistics records,** or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.”
Barry Soetoro provided an inferior document to provide “proof”:
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0014_0003.htm
“[§338-14.3] Verification in lieu of a certified copy. (a) Subject to the requirements of section 338-18, the department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any other information that the applicant provides to be verified relating to the vital event that pertains to the certificate.”
Barry Soetoro*** could have provided ficticious or misleading information when requesting the certification:
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0014_0003.htm
“(b) A verification shall be considered for all purposes certification that the vital event did occur and ***that the facts of the event are as stated by the applicant***.”
Barry Soetoro, it appears, paid $5.00 for the certification of live birth but could have just as easily paid $10.00 to obtain the certificate of live birth copy, if it exists in the Hawaiian vaults(Because it could be another birth document, a certificaate of Hawaiian birth…Btw both of which allow registration for out of state and foreign births.).
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0014_0003.htm
“(d) The fee for a verification in lieu of a certified copy shall be one half of the fee established in section 338-14.5 for the first certified copy of a certificate issued…”
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0014_0005.htm
§338-14.5 Copies of certificate; fees. The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health shall consist of $10 *** for the first copy issued and $4 for each copy issued thereafter. These fees shall be collected for each single request for certified copies.
So Barry Soetoro despite posting a document of unknown origins, wheteher it is a valid Hawaiian birth document or not, on the web and having it inspected by non-judicial authorities has NOT legally proven he is eligible to occupy the office in the White House as President.
What matters of course is that he is a dual citizen and not a natural born citizen, which the document shows by showing Barak Sr. as his father.
However the above statutes I’ve cited show that he can have a valid reason to post the certification on the web instead of supplying it to the courts, where it is prima facie evidence, which could discover he is committing fraud by stating he was born in Hawaii, when he might not have been, and signing election affidavits which state he is a natural born citizen when it is possible he may not even be a citizen at all by his possible foreign birth.
So no Barry is not vetted in any way!
nonotes,
Thanks for that.
It’s that libertarian-side of my conservative-ness that rules in this instance
-Phil
I am sorry but Orly has been here long enough to know how to spell “cease”.
Phil,
Many people could not admit what you just wrote but I appreciate that you can. Many people like to profess to being more fair and open than they actually are but I have always had more respect for honesty regardless how it looks. I think it is a good thing. Have a good day and thank you for your site.
I need to correct an earlier post — Hemenway’s notice of appeal relating to the sanction must be filed no later than April 23. The interpleader dismissal has, of course, already been appealed.
Poppet and TN Lawyer, don’t place any money bets on that “Judge Robertson is disqualified due to oath of office” argument. First, it is even more meritless than the interpleader argument. Second, the issue was never raised, thus even if it had merit (which it doesn’t), the argument was waived. No new issues can be raised on appeal. End of story.
TN Lawyer,
Thanks for the kind words. While I’m not completely “fair and balanced,” I am open to allow anyone to comment in a civil fashion.
-Phil
I did read something that Attorney Hemenway had written in his rebuttal to Judge Robertson stating that if “Rule 11″ were applied, he would be entitled to “full discovery” during the appeal. The way I understand it, in order to prove that he did not file a frivolous lawsuit and that Judge Robertson used inadmissible hearsay in his opinion to dismiss, the new judge will have to issue a subpoena for Hussein’s records to prove Hemenway’s case one way or the other.
Except that’s not how the system operates at all.
If Robertson had sanctioned Hemenway, Hemenway could appeal that order. (Hemenway could appeal being “reprimanded,” but that’s not going to go anywhere.) The appellate court would review the judge’s sanction order, apply the law relating to sanction, and see if the facts contained in the record below and the law supported the sanctions order.
Judge Robertson was allowed to comment on the frivolity of the pleadings, and it is within a judge’s power to take judicial notice of facts beyond dispute (like Berg has been filing against Obama, or that this topic is a subject of discussion on the Internet).
NewEnglandPatriot says:
April 12, 2009 at 11:03 pm
“I did read something that Attorney Hemenway had written in his rebuttal to Judge Robertson stating that if “Rule 11″ were applied, he would be entitled to “full discovery” during the appeal. The way I understand it, in order to prove that he did not file a frivolous lawsuit and that Judge Robertson used inadmissible hearsay in his opinion to dismiss, the new judge will have to issue a subpoena for Hussein’s records to prove Hemenway’s case one way or the other.”
I’m pretty sure this is NOT TRUE but since I’m not a lawyer perhaps a lawyer who comments here would like to comment on the above statement?
NewEnglandPatriot wrote:
“I did read something that Attorney Hemenway had written in his rebuttal to Judge Robertson stating that if “Rule 11″ were applied, he would be entitled to “full discovery” during the appeal. The way I understand it, in order to prove that he did not file a frivolous lawsuit and that Judge Robertson used inadmissible hearsay in his opinion to dismiss, the new judge will have to issue a subpoena for Hussein’s records to prove Hemenway’s case one way or the other.
That would settle the matter now, wouldn’t it?”
Sorry, but you were misled. First, Rule 11 WAS applied — the reprimand is a form of sanction under that Rule. More important, however, is the misconception that Rule 11 somehow opens up the litigation for discovery. It does not. Rule 11 pertains to the evidence that the attorney or litigant has BEFORE initiating suit, as it tests the legal basis of what is alleged in the complaint; one cannot file suit without any evidence and then go fishing for it afterward. There is no “full discovery” unless one can survive the motion to dismiss, which the interpleader action did not.
The judge did not use inadmissible hearsay. He is permitted under the Rules to take judicial notice, which is what he did.
Hemenway has filed a notice of appeal as to the dismissal of the interpleader; his time is running out to appeal the sanction — by my calculations, today is the last day he can appeal the reprimand.
Thanks for the info on Robertson’s Questionable Oath of Office.
This may explain why his rulings have been so OUTRAGEOUSLY UNJUST.
This is a great site. The best that I have found so far for obtaining accurate info on all of the Eligibility Lawsuits.
I especially appreciate the fact that you report accurate info on all the lawsuits and are objective in reporting all the good work of all Eligibility Attorneys.
brygenon says:
April 13, 2009 at 3:56 am
dvance convinced himself,
Its a shame if Obama doesnt have nothing to hide he would just release everything,
I suspect pretty much everyone has something to hide. What kind of boring goody-two-shoes do-nothing would not?
One thing Obama is decidedly not hiding is his status of citizenship by birth. Barack Obama is the only U.S. President to show his birth certificate.
it would be over. Its been this all along, no one could question this guy on anything.
That’s not reality. Birthers say both that Obama could end the controversy by showing all the documents, and that no matter how he proved what he has claimed, they would still say he’s not eligible to be president. Many individual birthers make both contradictory claims, and sometimes both in the same rant.
**************************************************************************************
Brygenon—-Seeing is believing and until we see the real thing(not the fake you want to pass off as real) you can rest assured this issue won’t go away anytime soon….the IMPOSTER has had plenty of time to produce the legal long form vault copy of his birth certificate and has failed to do so….not to mention other important pieces of information that would tell America who he really is….I would much prefer a boring goody-two-shoes in the White House with nothing to hide than this scumbag moron IMPOSTER that you all put in the White House!!!
dvance convinced himself,
I suspect pretty much everyone has something to hide. What kind of boring goody-two-shoes do-nothing would not?
One thing Obama is decidedly not hiding is his status of citizenship by birth. Barack Obama is the only U.S. President to show his birth certificate.
That’s not reality. Birthers say both that Obama could end the controversy by showing all the documents, and that no matter how he proved what he has claimed, they would still say he’s not eligible to be president. Many individual birthers make both contradictory claims, and sometimes both in the same rant.
TO “ALL” PEOPLE WHO BELIEVE “OBAMA” IS A NATURAL BORN CITIZEN,
PLEASE PROVIDE SOME FORM OF LEGAL PROOF.
IF YOU HAD “PROOF” YOU WOULD BE FLASHING IT IN OUR FACES 24/7.
FYI: 18 U.S.C. 4 imposes a legal obligation to report all Federal Felonies to an officer in the Judicial, Civil or Military authorities of the United States (Federal Government):
http://www4.law.cornell.edu/uscode/18/4.html
(Failure to do so is another Federal Felony!)
(read’s as follow’s)
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. ……………DAN, NY
THE ATTORNEY’S SHOULD CHECK OUT ROBERTSON’S LEGAL OATH’S
THE JUDGE THAT SWORE HIM IN (PENN)HAS NOT PRODUCED HIS:
(Judge John Garret Penn passed away))
http://www.supremelaw.org/rsrc/commissions/penn.john/nad.missing.credentials.htm
SUBJECT: missing credentials
Greetings John Garrett Penn:
Please be advised that a proper request submitted under the Freedom of Information Act (“FOIA”) has resulted in a determination that the following requisite credentials for you cannot be found or exhibited by the legal custodians of those records:
(1) Appointment Affidavit
As of October 1, 2004 A.D., a proper SUBPOENA IN A CIVIL CASE was overdue for your Oath Office and Appointment Affidavit.
For your convenience, we have attached pertinent documentation.
Formal demand is hereby made of you to produce all missing credentials as itemized above no later than 5:00 p.m. on Friday, March 2, 2007 A.D. Beyond that reasonable deadline, your silence will activate estoppel pursuant to Carmine v. Bowen, and it will also constitute fraud pursuant to U.S. v. Tweel.
Although it appears, at first glance, that James Robertson
dba U.S. District Judge in the District of Columbia,
has all four (4) requisite credentials:
http://www.supremelaw.org/rsrc/commissions/evidence.folders.2004-03-16.htm#DDC
http://www.supremelaw.org/rsrc/commissions/robertson.james/
… nevertheless, both his APPOINTMENT AFFIDAVITS and
OATH OF OFFICE were evidently witnessed and co-signed
by John Garrett Penn dba Chief Judge of the
U.S. District Court for the District of Columbia:
http://www.supremelaw.org/rsrc/commissions/robertson.james/affidavit.gif
http://www.supremelaw.org/rsrc/commissions/robertson.james/oath.gif
Please note that the APPOINTMENT AFFIDAVIT states clearly,
at the bottom:
“The oath of office must be administered by a person
specified in 5 U.S.C. 2903.”
Here’s that statute:
http://www4.law.cornell.edu/uscode/5/2903.html
Let’s see if John Garrett Penn has all four (4) requisite credentials:
http://www.supremelaw.org/rsrc/commissions/penn.john/
NOTE:
http://www.supremelaw.org/rsrc/commissions/penn.john/nad.missing.credentials.htm
Oops! John Garrett Penn turned up withOUT the
APPOINTMENT AFFIDAVIT required by 5 U.S.C. 3331:
http://www4.law.cornell.edu/uscode/5/3331.html
Accordingly, all his acts are void. See authorities on that point here:
http://www.supremelaw.org/rsrc/commissions.htm
Without taking the oath prescribed by law,
one cannot become a judge either de jure or de facto, and
such an individual is without authority to act and
his acts as such are void until he has taken the prescribed oath.
[French v. State, 572 S.W.2d 934]
[Brown v. State, 238 S.W.2d 787]
Conclusion: James Robertson does not have a valid
APPOINTMENT AFFIDAVIT, because the one produced
for him by the U.S. Department of Justice evidently
violates 5 U.S.C. 2903, due to John Garrett Penn’s
missing APPOINTMENT AFFIDAVIT.
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)
THANK’S TO PAUL MITCHELL…….. DANIEL SMITH,NY
http://www4.law.cornell.edu/uscode/28/1691.html
http://www.supremelaw.org/stat/62/
For all the uninformed:
The Supreme Court will ultimately decide Obama’s fate, not a lower court like Robertson.
Phil
Thanks for the link to Orly’s site you provided. I have been reading it all day while watching the Masters. I encourage all your readers to visit. I think 4/12/2009 may go down as the day that Birfistan imploded.
dvance wrote:
Oh please. If you believe that, Father Time has some oceanfront property in Nevada to sell you.
A scanned image of his Certification of Live Birth was provided.
Declared a fake.
Photographs of it were provided.
They were declared fakes.
Announcements in the two Hawaii Newspapers?
Granny had them placed there.
What? They were provided by the Health Department and not individuals?
Must be fakes then.
His Selective Service registration was FOIAed.
Declared a fake.
So please don’t feed people this nonsense that if he released this or that it would be over.
k
I did read something that Attorney Hemenway had written in his rebuttal to Judge Robertson stating that if “Rule 11″ were applied, he would be entitled to “full discovery” during the appeal. The way I understand it, in order to prove that he did not file a frivolous lawsuit and that Judge Robertson used inadmissible hearsay in his opinion to dismiss, the new judge will have to issue a subpoena for Hussein’s records to prove Hemenway’s case one way or the other.
That would settle the matter now, wouldn’t it?
dvance,
“Its a shame if Obama doesnt have nothing to hide he would just release everything ,it would be over.”
No, it would not. And, please explain what you mean by “release everything.”
Its a shame if Obama doesnt have nothing to hide he would just release everything ,it would be over. Its been this all along, no one could question this guy on anything. Right,Ayers,the muslum thing was all taboo in the media. Even now all the screwups with the bowel to Sadi king didnt happend even when they had the darn thing on film. I really dont know what it is going to take for the people to start realizing there is something wrong here until its too late.
Gee, TN Lawyer, it sure looks like empty posturing to me.
At least in Hollister v. Soetoro, Bob Bauer was on the winning side. The ones who were held by the judge to be filing frivolous briefs were Berg et al. In fact, Judge Robertson implied that the only reason he did not require Mr. Hemenway to pay for Bob Bauer’s services was that the defense did not request it.
And, as you’re probably aware, Mr. Bauer has since made it clear that, should the plaintiffs continue to press this frivolous case, the defense will request monetary sanctions.
If you think that’s incompetent lawyering, feel free to cast your lot with Berg!
TN Lawyer,
“Explain why if Bauer has any evidence whatsoever to prove Obama is not a fraud, they why doesn’t Bauer produce it? Why did Bauer cite the COLB as footnote? reference to a questionable website? If Bauer has such a strong case in chief why does he continually violate Rule 11 with his frivolous motions for sanctions etc.? If Bauer has a case why doesn’t he bring it?”
The burden of proof is not on Bauer to “prove” anything. The burden of proof is on Berg, Taitz, Kreep, etc. Obviously, you are not a lawyer either. I’m not a lawyer either but I at least know that much about the law.
TN Lawyer wrote:
Let’s see… Bauer’s batting 1.000. Taitz is batting .000.
How exactly are you defining “competent”?
k
TN Lawyer wrote:
Simple.
Because he’s never had to.
k
TN Lawyer says:
“not a very good lawyer”
“Robertson may have inadvertently opened the door for just such discovery ”
How odd, you’re the one with Lawyer in your name and you think there is discovery on appeal? Perhaps in TN a plaintiff may bring a suit with no admissible evidence with hopes to learn enough in discovery to prove his case. Most places that’s enough to get you booted out on your fanny. Sort of like Judge Robertson did.