Judge Robertson reprimands John Hemenway re: Hollister v Soetoro

Persephone – here’s Judge James Robertson’s ruling as to John D Hemenway. Initially the judge was going to sanction him financially – pay the defense costs –  but instead he reprimanded Mr Hemenway. It is being appealed.

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Updated list of birth certificate posts

March 24, 2009

Hollister v Soetoro

Order Finding Rule 11 Violation


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One Response to “Judge Robertson reprimands John Hemenway re: Hollister v Soetoro”

  1. mattie14 Says:

    Hi Carly.


    I’m not sure about your first statement. Here’s what Judge Robertson said in his ruling – the rant.

    Mr. Berg and Lawrence J. Joyce, an attorney who lives in Tucson, Arizona, signed the complaint in this case. (They have been filing electronically although they have not been admitted pro hac vice, see [#10].) They are agents provocateurs –- and any attempt to sanction them for misuse of the public and private resources that have had to be devoted to this case would only give them a forum to continue their provocation.

    John D. Hemenway, on the other hand, is a member of the Bar of this Court. He may have been enlisted by Messrs. Berg and Joyce as a foot soldier in their crusade, but he is nevertheless directly responsible to this Court for the pleading that have been filed on behalf of the plaintiff. Because it appears that the complaint in this case may have been presented for an improper purpose such as to harass; and that the interpleader claims and other legal contentions of plaintiff are not warranted by existing law or by non-frivolous arguments for extending, modifying or reversing existing law or for establishing new law, the accompanying order of dismissal requires Mr. Hemenway to show cause why he has not violated Rules 11(b)(1) and 11(b)(2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.

    The judge in his own words never intended to sanction Berg or Joyce.

    Here’s Mr Hemenway’s statement from his letter to Mr Murdock:

    I provided Judge Robertson 37 pages of explanation as to “why I should not be held in contempt” and he decided to “reprimand” me instead of his threatened sanctions. That case is now under appeal.

    None of the cases have proceeded because of “standing” – not because barry is not eligible. Standing is one of the three criteria necessary for the case to be heard. A regular citizen – or in the Hollister case a retired USAF Col subject to recall – cannot challenge barry’s eligibility or the Secretary of State responsible for putting the names on the ballot.

    No court has ever looked at the COLB or any evidence. Just because the cases never proceeded does not mean they ruled he was eligible. That was never decided on. The only means now is quo warranto – to make barry prove by what authority he holds the office – which can’t be filed by a regular citizen either. And the new interim US Attorney is Eric Holder’s old buddy so nothing is going to happen there.

    Yes, they are both nutty and are playing right into barry’s hands. Again it doesn’t mean barry’s eligible. Any rational being knows he’s hiding something. Why would he continue to fight the release of his records? The press has been completely corrupted and have not demanded he release anything. Just ask yourself if Secretary Clinton would be allowed to be president without releasing her medical, school and birth records. Never happen. And they had all that information and more on Governor Palin in 72 hours.

    I will never understand how the general public has allowed themselves to be conned by an unknown man and a corrupt media. Gibbs lied straight out in his press conference last week. Now the WH is on record forever as lying about his birth certificate.

    I’ll concede he was born in Hawaii – then tell me which hospital was he born in. He and his sister have both changed their stories. No one has any idea but they’re certain he was born there based on a one-sided uncertified, unverified, non birth certificate “vetted” by sympathetic websites who didn’t even call it by its correct name. Can’t vet something when you can’t get the name right.

    It’s a complete and utter joke. Folks can continue to remain blind, in denial, or whatever it is that causes them to continue to believe something that has never been proven. A 5 y/o would know he’s hiding something.

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