(cyberattack deleted – recovered from cache)
March 13, 2009
I’ve read more legal crap in the last however months and it always ends the same way: denied.
Bottom line: the case is moot, the petitioners failed to identify a duty the respondents failed in performing, it’s too late anyway and the subpoena was too broad and was not properly served.
How did they not know that?
barry should have been served 5 days in person/10 days by mail prior to serving Occidental college – they were served on or about the same day.
Did not see anything about financial penalty.
Case No.: 34-2008-8000096-CU-WM-GDS
Honorable Michael Kenny:
1. Application of Robert Bauer to appear as counsel pro hac vice GRANTED.
2. Secretary of State demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.
3. President Barack Obama et al. demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.
4. Motion to quash the subpoena is GRANTED.
The eye opener:
“appropriate remedy for an issue concerning the qualifications of a President is an action before the United States Congress pursuant to the Twelfth Amendment to the United States Constitution and 3 U.S.C. section 15″
• Petition fails to state a cause of action against the Secretary of State.
• Petitioners have not identified any authority requiring the Secretary of State to make an inquiry into or demand detailed proof of citizenship from Presidential candidates and she had no “ministerial duty” to demand proof.
• “in the manner directed by the Constitution” does not provide an affirmative duty on the electors to discover whether the candidate is a natural born citizen.
• Secretary of State: the petition is moot and there is no judiciable controversy insofar as it relates to the 2008 General Election.
• The controversy is not “ripe” because 2008 is over and would only apply to 2012 and beyond.
• It is too late for relief against the Secretary of State and the California Electors as to the 2008 General Election.
• Elane Huber — Elane Haber (something about appointing a dead elector) just a typo.
• Petition does not state facts sufficient to constitute a cause of action against any of the named Respondents.
• Although petitioners allege that documents, statements or other lawsuits raise questions about whether President Obama is a natural born citizen, it does not allege that either the President or the Vice President has failed to perform any mandatory duty under either state or federal law.
• [Mandatory I get – but he has a moral duty to show his birth certificate and no one can argue around it. He says it’s “not about him”, but when The American People want to know and have him prove it – he resists. He is anything but transparent.]
• Court has no jurisdiction over the subject of this action.
• That procedure is for objections to be presented before the United States Congress pursuant to 3 U.S.C. section 15. Petitioners’ belief in the importance of their arguments is not sufficient to confer jurisdiction upon this Court.
• Petitioners have not shown that any of the documents sought could assist in answering the natural born question.
• The subpoena and the associated notice to the consumer were improperly served.
• This lawsuit is moot as to issues concerning President Obama.
2-11 Occidental College Subpoena: Motion to Quash (text)
2-11 Occidental College Subpoena: Notice of Motion to Quash (pdf)
2-11 Occidental College Subpoena: Motion to Quash (pdf)
2-20 Occidental College Subpoena: Discussion of Motion to Quash
2-24 Keyes: “Obama is a radical Communist!”
3-13 Scheduled Hearing
*3-13 Occidental College Subpoena: QUASHED