SACV 09-0082 DOC - 7/13/2009 - Item No.

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1 UNITED STATES DISTRICT COURT

2 CENTRAL DISTRICT OF CALIFORNIA

3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING

4 - - - - - - -

5 ALAN KEYES, PH.D., ET AL., )

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6 Plaintiffs, )
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7 vs. ) No. SACV 09-0082 DOC
) Item No. 6
8 BARACK H. OBAMA, et al., )
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9 Defendants. )
___________________________________)
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11

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13 REPORTER'S TRANSCRIPT OF PROCEEDINGS

14 Hearing on Motions

15 Santa Ana, California

16 Monday, July 13, 2009

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18

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20 Debbie Gale, CSR 9472, RPR

Federal Official Court Reporter
21 United States District Court
411 West 4th Street, Room 1-053
22 Santa Ana, California 92701
(714) 558-8141
23

24 09cv0082 Obama 2009-07-13 Item 6

25

DEBBIE GALE, U.S. COURT REPORTER

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1 APPEARANCES OF COUNSEL:

2
FOR THE PLAINTIFFS:
3
ORLY TAITZ, DDS, ESQUIRE
4 Defend Our Freedoms Foundation
26302 La Paz
5 Suite 211
Mission Viejo, California 92691
6 (949) 683-5411

8
FOR THE UNITED STATES OF AMERICA:
9
U.S. DEPARTMENT OF JUSTICE
10 UNITED STATES ATTORNEY'S OFFICE
BY: DAVID A. DeJUTE
11 Assistant United States Attorney
300 North Los Angeles Street
12 Suite 7516
Los Angeles, California 90012
13 (213) 894-2574

14
ALSO PRESENT:
15
Charles Lincoln, Law Clerk for Ms. Taitz
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DEBBIE GALE, U.S. COURT REPORTER

 SACV 09-0082 DOC - 7/13/2009 - Item No. 6
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1 I N D E X

2 PROCEEDINGS PAGE

3 Motion by Plaintiffs for Reconsideration of 4

Order to Show Cause or, in the alternative, to
4 Certify Question for Appeal

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DEBBIE GALE, U.S. COURT REPORTER

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1 SANTA ANA, CALIFORNIA, MONDAY, JULY 13, 2009

2 Item No. 6

3 (9:50 a.m.)

09:49 4 THE COURT: Alan Keyes v. Barack Obama.

09:50 5 Who represents Alan Keyes?

09:50 6 MS. TAITZ: I am. I am, Your Honor.

09:50 7 THE COURT: Who are you?

09:50 8 MS. TAITZ: My name is Orly Taitz.

09:50 9 THE COURT: Have a seat and pull the microphone

09:50 10 closer so I can hear you.

09:50 11 MS. TAITZ: Yes.

09:50 12 THE COURT: You have a soft voice.

09:50 13 MS. TAITZ: Can you hear me now?

09:50 14 THE COURT: Yeah, I can hear you now.

09:50 15 MS. TAITZ: Can you hear me, Houston?

09:50 16 THE COURT: Just like that ad, "Can you hear me

09:50 17 now?"

09:50 18 MS. TAITZ: I'm Orly Taitz. I'm a pro bono

09:50 19 attorney, as well, and I'm representing Ambassador Keyes.

09:50 20 THE COURT: Pleasure to meet you.

09:50 21 Who's with you today?

09:50 22 MR. LINCOLN: Law clerk. Charles Lincoln.

09:50 23 THE COURT: Nice meeting you. It's a pleasure.

09:50 24 And on behalf of Barack Obama?

09:50 25 MR. DeJUTE: Not on behalf of Barack Obama yet,

DEBBIE GALE, U.S. COURT REPORTER

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09:50 1 Your Honor.

09:50 2 On behalf of the United States, David A. DeJute,

09:50 3 Assistant U.S. Attorney.

09:50 4 THE COURT: Okay. And where are you located?

09:50 5 MR. DeJUTE: In Los Angeles at the U.S. Attorney's

09:50 6 Office.

09:50 7 THE COURT: Okay. And once again your name,

09:50 8 slowly.

09:50 9 MR. DeJUTE: My first name is David. My last

09:50 10 name, "DeJute," D-E, capital J-U-T-E.

09:51 11 THE COURT: Thank you very much. Why don't you

09:51 12 have a seat also. Move the microphone closer.

09:51 13 This is a motion for reconsideration. And it

09:51 14 really doesn't matter which party I hear from first.

09:51 15 MS. TAITZ: First of all, I would like to object

09:51 16 to the U.S. Attorney's Office representing Mr. Obama.

09:51 17 Mr. Obama was served as an individual. He was served on the

09:51 18 inauguration date for something that was done before the

09:51 19 election, specifically, obfuscating all of his vital

09:51 20 records.

09:51 21 Mr. Obama has presented a computerized image of a

09:52 22 short-form birth certificate. And, in spite of numerous

09:52 23 legal actions -- and to the best of my knowledge, there were

09:52 24 over a hundred such actions -- Mr. Obama has never

09:52 25 provided -- never consented to release of original records

DEBBIE GALE, U.S. COURT REPORTER

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09:52 1 or certified copies of the original records.

09:52 2 I have gathered statements from experts, one of

09:52 3 them Sandra Ramsey Lines.

09:52 4 THE COURT: I'm sorry. Senator?

09:52 5 MS. TAITZ: Sandra Ramsey Lines. She's one of the

09:52 6 top forensic document experts showing that there are

09:52 7 numerous signs of forgery on the Certification of Live Birth

09:52 8 that was presented on the internet.

09:52 9 THE COURT: Okay.

09:52 10 MS. TAITZ: The serial number is obliterated. For

09:52 11 that reason alone, this piece of paper is worthless. It's a

09:53 12 computer image of a worthless piece of paper because if

09:53 13 there is no serial number it means absolutely nothing.

09:53 14 Aside from that, there are a number of statements from

09:53 15 experts showing that there is forgery in that document.

09:53 16 I have additionally provided information in

09:53 17 terms -- from federal agent Mr. Steven Kaufman (phonetic)

09:53 18 from Texas, showing that there are numerous signs of forgery

09:53 19 in Certification of Live Birth -- I'm sorry -- in Selective

09:53 20 Service Certificate of Mr. Obama.

09:53 21 I personally have filed several legal actions.

09:53 22 One of them was Lightfoot v. Bowen. One of the plaintiffs

09:53 23 is right here. And every time when a subpoena for

09:53 24 production of records was issued, Mr. Obama -- Mr. Obama's

09:54 25 attorneys have filed a motion to quash any such subpoenas.

DEBBIE GALE, U.S. COURT REPORTER

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09:54 1 And Your Honor's -- from what I understand, you

09:54 2 were the judge that decided that there is a prevailing right

09:54 3 of public to know -- I believe it was in Bob Citron's case.

09:54 4 If the public has a right to know --

09:54 5 THE COURT: I got reversed by the California

09:54 6 Supreme Court, by the way.

09:54 7 MS. TAITZ: Well, they were wrong.

09:54 8 THE COURT: It involved transcripts concerning the

09:54 9 bankruptcy, and --

09:54 10 MS. TAITZ: Exactly.

09:54 11 THE COURT: -- as an aside, since you raised that,

09:54 12 it was a very interesting case. Because I'm well aware that

09:54 13 Grand Jury transcripts are normally kept secret. I thought,

09:54 14 though, that the -- there have to, on occasion, be great

09:54 15 exceptions. And the public has to have transparency. And

09:54 16 what was of great concern to this Court was that the whole

09:55 17 process involving the auditor/controller and these reverse

09:55 18 derivatives in the Grand Jury process had lead to a

09:55 19 resolution, a plea bargain of this case right before alleged

09:55 20 indictments were to be handed down involving Merrill Lynch.

09:55 21 MS. TAITZ: And I can tell you, if the issue of

09:55 22 derivatives would have been transparent then, since '94,

09:55 23 maybe we wouldn't be going into bankruptcy today.

09:55 24 THE COURT: It's amazing how that thought occurred

09:55 25 to me the other day; that we're right back in a circle, with

DEBBIE GALE, U.S. COURT REPORTER

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09:55 1 a tremendous amount of the County's investments, over

09:55 2 18 percent in, if not reverse derivatives, something that is

09:55 3 not understandable.

09:55 4 Now, I have no comment on that. It's not in front

09:55 5 of me. But that's why transparency is so important.

09:55 6 MS. TAITZ: Exactly. And specifically on the

09:56 7 issue of Mr. Obama's legitimacy for presidency. Moreover, I

09:56 8 have worked with Mr. Neal Sankey, S-A-N-K-E-Y. He is a

09:56 9 licensed investigator with 20 years of experience with

09:56 10 Scotland Yard and over 15 years of experience in this

09:56 11 country. And the fact that is the most troubling in this

09:56 12 case is that, according to national databases -- the most

09:56 13 well-accepted database is LexisNexis and ChoicePoint --

09:56 14 there are 140 different addresses all over the country for

09:56 15 "Barack Hussein Obama" and those addresses are connected to

09:56 16 39 different social security numbers.

09:56 17 And what is even more troubling, that the social

09:56 18 security number that is used most commonly is one that

09:57 19 starts with 046. Mr. Obama has used it in Somerville,

09:57 20 Massachusetts, when he went to Harvard. He used it in

09:57 21 Chicago, and he used it in Washington DC. This social

09:57 22 security number was issued in the state of Connecticut, even

09:57 23 though Mr. Obama has never lived in the state of

09:57 24 Connecticut. And even more troubling, it shows that the

09:57 25 owner of the social security is 119 years old, which means

DEBBIE GALE, U.S. COURT REPORTER

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09:57 1 either he's very well preserved, or we have a serious

09:57 2 problem here that this might be a social security number of

09:57 3 a deceased person.

09:57 4 Aside from that, Mr. Obama's grandmother, Madelyn

09:57 5 Payne Dunham was a volunteer in Oahu Circuit Court Probate

09:57 6 Department.

09:57 7 THE COURT: In Oahu?

09:57 8 MS. TAITZ: Circuit Court, Probate Department.

09:57 9 And that's where one can obtain social security numbers of

09:58 10 the deceased individuals.

09:58 11 So this is an extremely important issue for the

09:58 12 national security of this country as a whole.

09:58 13 Aside from that, the state of Hawaii has never

09:58 14 produced a copy of Mr. Obama's birth certificate due to the

09:58 15 fact that Mr. Obama refused to sign a consent for such a

09:58 16 copy. All they stated: That there is a document on file.

09:58 17 And the problem with that, that is -- the State of

09:58 18 Hawaii is unique. Like no other state in the nation, they

09:58 19 have a Statute No. 338 that allows foreign-born children of

09:58 20 Hawaiian residents to obtain Hawaiian birth certificates.

09:58 21 Moreover, 338-5 allows one to obtain a birth certificate

09:58 22 based on a statement of one relative only, without any

09:59 23 corroborative evidence from any hospital. And as a matter

09:59 24 of fact, what Mr. Obama has posted on the internet, it's a

09:59 25 document that he obtained only last year during the campaign

DEBBIE GALE, U.S. COURT REPORTER

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09:59 1 that shows no signatures, zero signatures, no name of the

09:59 2 hospital, no name of the doctor, zero corroborating evidence

09:59 3 that he was really born in this country.

09:59 4 And since State of Hawaii allows foreign-born

09:59 5 children to get such birth certificates --

09:59 6 THE COURT: Out of curiosity, I haven't delved

09:59 7 into the merits. We're still in the procedural phase. And

09:59 8 this is a curiosity. It has nothing to do with this motion,

09:59 9 in a sense.

09:59 10 Senator McCain, his opponent, was also born

09:59 11 outside of the United States.

09:59 12 MS. TAITZ: There is a difference because he was

09:59 13 born in the zone of Panama Canal, which was a U.S. territory

10:00 14 at the time.

10:00 15 THE COURT: Whereas, Kenya would not be, or

10:00 16 Indonesia or whatever?

10:00 17 MS. TAITZ: Not as far as I know -- unless it's

10:00 18 going to be a 58th state.

10:00 19 THE COURT: So it's not the personage; it's not

10:00 20 the parents, because there's no contesting that Obama's

10:00 21 mother is a United States citizen? It's the location

10:00 22 outside --

10:00 23 MS. TAITZ: Well --

10:00 24 THE COURT: -- the confines of the United States

10:00 25 or the territories of the United States, the question of

DEBBIE GALE, U.S. COURT REPORTER

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10:00 1 whether he was born in Kenya?

10:00 2 MS. TAITZ: Well, there are two questions

10:00 3 Your Honor. You're right in that the mother indeed was a

10:00 4 U.S. citizen. Nobody questions that. You're right in that

10:00 5 the question -- there is a serious question as to

10:00 6 Mr. Obama's place of birth. As a matter of fact, the

10:00 7 Ambassador of Kenya confirmed that he was born in Kenya in

10:00 8 an interview that was recorded.

10:00 9 But there is yet another issue, and that's meaning

10:00 10 of what is natural-born citizen. If you recall, just last

10:01 11 year, when Senator Leahy has announced a nonbinding

10:01 12 Resolution 511 that was signed by all 100 senators, it was

10:01 13 stated that Mr. Obama -- I'm sorry -- Mr. McCain is a

10:01 14 natural-born citizen. And they used two-prong test.

10:01 15 Because (A) he was born in the zone of Panama Canal, the

10:01 16 U.S. Territory; but (B) both -- both of his parents were

10:01 17 U.S. citizens. They didn't state at least one. And I have

10:01 18 actually traced the meaning -- what is the meaning, because,

10:01 19 as -- as you know, Constitution does not provide exact

10:01 20 meaning of natural-born citizen.

10:01 21 And I have a website. I have a lot of followers.

10:01 22 Get something like eight and a half million hits every

10:01 23 month. So I ask the followers to send "Black" Dictionaries

10:01 24 going to first edition. And then I also got Vattel's "Law

10:02 25 of Nation," because I was trying to ascertain what was the

DEBBIE GALE, U.S. COURT REPORTER

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10:02 1 meaning of the natural-born citizen at the time the

10:02 2 Constitution was written.

10:02 3 What I found out, that Black Law Dictionary, as

10:02 4 many people are quoting today, didn't exist for some hundred

10:02 5 years until after Constitution was written. What existed,

10:02 6 and what was widely used by the populous, was "The Law of

10:02 7 Nation." It's a legal treatise written by a well-known

10:02 8 advocate, well-known attorney and diplomat Emmerich de

10:02 9 Vattel, which states that natural-born citizen is one when

10:02 10 is born in the country to parents, both of them citizens of

10:02 11 this country.

10:02 12 THE COURT: And yet at the time of our first

10:02 13 President, or at least in George Washington, a significant

10:02 14 number of persons who could have become president or serve

10:02 15 in this country did not have parents born here.

10:02 16 MS. TAITZ: Well, you are right about that.

10:03 17 However, the Constitution provides a grandfather clause. As

10:03 18 you recall, it states a natural-born citizen is one -- I'm

10:03 19 sorry -- that the President has to be either natural-born

10:03 20 citizen, or citizen at the time of adoption of the

10:03 21 Constitution. So they fit the clause. And I guess, unless

10:03 22 Mr. Obama is over 200 years old, he's got a problem. He's

10:03 23 close. He's 119, but not over 200.

10:03 24 THE COURT: Well, most of the Presidents look like

10:03 25 they've aged that much in office. Now, let me hear from

DEBBIE GALE, U.S. COURT REPORTER

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10:03 1 your opposition for that moment. I'm going to give you

10:03 2 another opportunity.

10:03 3 Counsel?

10:03 4 MR. DeJUTE: Thank you, Your Honor.

10:03 5 THE COURT: Pleasure. Why don't you -- well, you

10:03 6 can be seated also, if I can hear you from that microphone,

10:03 7 or you can use the --

10:03 8 MR. DeJUTE: I don't think well seated, your

10:03 9 honor.

10:03 10 THE COURT: All right.

10:03 11 MR. DeJUTE: With respect to -- just briefly --

10:03 12 opposing counsel's statements, you know, she said a lot of

10:04 13 facts. I'm aware of her website. I'm aware of the

10:04 14 opposition's website.

10:04 15 THE COURT: Maybe I should get on it?

10:04 16 MR. DeJUTE: Perhaps, Your Honor. Although --

10:04 17 THE COURT: I'm just kidding you, Counsel.

10:04 18 MR. DeJUTE: -- I think that it's fair to say

10:04 19 that -- from my understanding, there is no factual validity

10:04 20 in what she's been saying. I've done a lot of reading back

10:04 21 and forth.

10:04 22 THE COURT: Isn't that why we're here? Right now,

10:04 23 we're here on a procedural process, in a sense.

10:04 24 MR. DeJUTE: Well, I think I agree with you. The

10:04 25 reason we're here is not to talk about the substance of the

DEBBIE GALE, U.S. COURT REPORTER

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10:04 1 case.

10:04 2 THE COURT: Correct.

10:04 3 MR. DeJUTE: We're here to talk about whether

10:04 4 Barack Obama, in his individual capacity, was served.

10:04 5 You know, Dr. Taitz suggests that --

10:04 6 THE COURT: Now, just a moment. I want to cut

10:04 7 through a lot of this. We could spend months on whether he

10:04 8 was properly served or not. We could spend months. But

10:04 9 this service took place in Illinois?

10:04 10 MS. TAITZ: No. Washington DC, Your Honor.

10:04 11 THE COURT: Washington DC?

10:04 12 MR. DeJUTE: Well, if I could just interpose one

10:05 13 comment?

10:05 14 THE COURT: Yeah.

10:05 15 MR. DeJUTE: Dr. Taitz misspoke when she said he

10:05 16 was served on inauguration day. The declaration that she

10:05 17 submitted, with respect to her motion, states that service

10:05 18 was attempted on February 10th, you know, well after he was

10:05 19 inaugurated and at the White House.

10:05 20 THE COURT: A curiosity: Between the two of you,

10:05 21 why wasn't service perfected before the inauguration?

10:05 22 In other words -- hold on for just a second.

10:05 23 We've got all day. We've got all night. Okay? And it may

10:05 24 have nothing to do with anything. But if I didn't want a

10:05 25 President to come into office, and I thought that that

DEBBIE GALE, U.S. COURT REPORTER

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10:05 1 person did not have the legal right to be President of the

10:05 2 United States, why wouldn't I file prior to inauguration to

10:05 3 stop the harm?

10:05 4 MS. TAITZ: And I sure did, Your Honor. I filed

10:05 5 numerous legal actions prior to inauguration. One was filed

10:05 6 in November. It was --

10:06 7 THE COURT: Just a moment. Where?

10:06 8 MS. TAITZ: In the State of California, in the

10:06 9 Supreme Court of the State of California.

10:06 10 THE COURT: Just a moment. Why?

10:06 11 MS. TAITZ: That was -- Lightfoot v. Bowen was

10:06 12 filed to stop certification of the electoral votes. It

10:06 13 was -- "Bowen," as you know, Secretary of State --

10:06 14 THE COURT: Just a moment. Why didn't you go to

10:06 15 Washington DC and file it?

10:06 16 See, what I'm worried about is that there are a

10:06 17 lot of places in the country that can accept service on

10:06 18 behalf of the United States. But there's nothing like

10:06 19 Washington DC to get this case above the radar; in other

10:06 20 words, so people are aware of it.

10:06 21 MS. TAITZ: Oh, I went to Washington DC. As a

10:06 22 matter of fact, I reached the Supreme Court of the

10:06 23 United States, and Chief Justice John Roberts agreed to hear

10:06 24 my case in conference. He distributed Lightfoot v. Bowen

10:06 25 for conference of all nine justices.

DEBBIE GALE, U.S. COURT REPORTER

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10:07 1 THE COURT: What date?

10:07 2 MS. TAITZ: Uh, well, I filed in November, but he

10:07 3 scheduled it for January the 23rd.

10:07 4 THE COURT: Oh, I see.

10:07 5 MS. TAITZ: And the issue there was that the case

10:07 6 was right there on the docket before the inauguration; and

10:07 7 then the next day after inauguration, the case disappeared.

10:07 8 Somebody erased it. And I have confronted Justice Scalia

10:07 9 when he was --

10:07 10 THE COURT: Thank you very much. We'll come back

10:07 11 to you. Then, Counsel, please proceed.

10:07 12 MR. DeJUTE: Thank you.

10:07 13 With respect to that last point, Your Honor: Why

10:07 14 is this case here and not in Washington DC? Dr. Taitz has

10:07 15 suggested that she's filed other cases. One involved the

10:07 16 Pennsylvania Democratic primary, dismissed on standing,

10:07 17 because the individual plaintiff was not harmed. Another

10:07 18 one in -- somewhere in the East Coast with a retired

10:07 19 Lieutenant Colonel, because he was concerned that he

10:07 20 wouldn't properly be able to serve his Commander-in-Chief,

10:07 21 again, dismissed on standing. Looked at the website, and

10:07 22 the suggestion was made, "Let's find a candidate."

10:08 23 Ambassador Keyes was a candidate in the California primary

10:08 24 election. And so the suggestion would be, "we can get past

10:08 25 the standing issue if we can find a viable candidate who ran

DEBBIE GALE, U.S. COURT REPORTER

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10:08 1 against Barack Obama with the allegation that

10:08 2 President Obama is not eligible under Article II."

10:08 3 THE COURT: I see.

10:08 4 MR. DeJUTE: We could talk all day about the

10:08 5 facts, Your Honor. And it's easy to make, you know,

10:08 6 negative aspersions. It's hard to disprove them when we're

10:08 7 here on, you know, an Order to Show Cause why the case

10:08 8 shouldn't be dismissed without effecting proper service.

10:08 9 It's clear Your Honor doesn't like to stand on

10:08 10 technicalities. And we're prepared for a substantive

10:08 11 discussion. But I think we're entitled to be served

10:08 12 properly first.

10:08 13 I think Your Honor's previous orders suggested the

10:08 14 method by which the United States or Barack Obama proceed

10:09 15 properly under Rule 4(i). I don't think there can be any

10:09 16 serious question that the lawsuit is suing an officer of the

10:09 17 United States in his official capacity. The lawsuit seeks

10:09 18 to declare Barack Obama ineligible to be President, and

10:09 19 thereby prevent him from continuing in office. He's not an

10:09 20 officer of the United States. He's "the" officer of the

10:09 21 United States. And I think he's entitled to service in that

10:09 22 capacity. And I can assure you the United States Attorney's

10:09 23 Office for the Central District has never been served with

10:09 24 this matter. On that ground alone, effective service has

10:09 25 not been made.

DEBBIE GALE, U.S. COURT REPORTER

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10:09 1 THE COURT: The United States Attorney's Office,

10:09 2 though, could be served in Los Angeles. It could be served

10:09 3 here in Orange County, couldn't they?

10:09 4 MR. DeJUTE: I'm not sure if it could be served in

10:09 5 Orange County. I believe so. I know it -- for certain, it

10:09 6 could be served in Los Angeles.

10:09 7 THE COURT: What I'm driving at is this. I'll

10:09 8 come back to what I just said to prior counsel.

10:10 9 The law abhors closed courtroom doors. And the

10:10 10 process and technicality of how counsel get here can be

10:10 11 exacerbating. And I intend on that prior case to cut

10:10 12 through that nonsense. And I intend on this case to cut

10:10 13 through that nonsense.

10:10 14 MR. DeJUTE: I'm not surprised, Your Honor.

10:10 15 THE COURT: There's no reason that this case can't

10:10 16 be here, or Washington DC, or wherever. I don't care where

10:10 17 it is. By the same token, it sounds to me like there hasn't

10:10 18 been a forum for this for some significant period of time.

10:10 19 And somehow there has to be a forum someplace.

10:10 20 Now, how are we going to accomplish that?

10:10 21 MS. TAITZ: Your Honor --

10:10 22 THE COURT: No. Believe it or not, I wasn't

10:10 23 speaking to you. I'll come back to you in just a moment.

10:10 24 And when I want to hear from you, I'll look at you and

10:10 25 smile. I'm not smiling right now.

DEBBIE GALE, U.S. COURT REPORTER

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10:10 1 MR. DeJUTE: He's not smiling at me either.

10:10 2 I think I can answer the question, Your Honor.

10:10 3 THE COURT: No, no. I've done this on so many

10:11 4 cases: Why can't she simply serve you today in court?

10:11 5 MR. DeJUTE: Because I'm not authorized to accept

10:11 6 service.

10:11 7 THE COURT: Well, go get somebody who is.

10:11 8 MR. DeJUTE: Well, the people that are authorized

10:11 9 to accept service --

10:11 10 THE COURT: Do you see what I'm hearing? I'm

10:11 11 hearing a big run-around, a big circle.

10:11 12 MR. DeJUTE: Uh --

10:11 13 THE COURT: No. Hold on for a second.

10:11 14 You can go get somebody in here.

10:11 15 And you can serve him.

10:11 16 And then we can cut through whether it's

10:11 17 Pennsylvania, Washington DC -- this is taking too much time.

10:11 18 And this is taxpayer money. This isn't your money; this is

10:11 19 taxpayer money we're spending right now. And this is a

10:11 20 process and procedure that's going to come to an end.

10:11 21 Who's authorized to accept service?

10:11 22 MR. DeJUTE: The civil clerk.

10:11 23 THE COURT: Just a moment.

10:11 24 (Court and court clerk confer.)

10:11 25 THE COURT: They're authorized downstairs to

DEBBIE GALE, U.S. COURT REPORTER

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10:11 1 accept service. Go serve 'em.

10:11 2 MS. TAITZ: Are you --

10:11 3 THE COURT: Because, if you don't, what's going to

10:11 4 happen is we're going to end up getting involved in this

10:11 5 continuing process of whether this was valid service or not.

10:12 6 And you're gonna end up litigating process and procedure for

10:12 7 the term of this administration.

10:12 8 So if you want to get to the merits between the

10:12 9 two of you, just get proper service. And serve

10:12 10 downstairs -- and they're authorized to take it -- and do it

10:12 11 now.

10:12 12 Now, if you don't -- if you want to spend your

10:12 13 time going through this process, then you can come back and

10:12 14 visit me every week if you would like to, and we'll have lot

10:12 15 of hearings.

10:12 16 Now, you continue on.

10:12 17 MR. DeJUTE: Well, I think it's time for me to

10:12 18 say: I concur with Your Honor.

10:12 19 THE COURT: Yeah. Now, let me hear from your

10:12 20 opposition 'cause I'm smiling at her.

10:12 21 I'm just kidding you, Counsel. Now, Counsel, your

10:12 22 turn.

10:12 23 MS. TAITZ: Well, since you are smiling at me now,

10:12 24 I would continue on the issue of taxpayer's money. The

10:12 25 whole point is Mr. Obama does not get to use our taxpayer's

DEBBIE GALE, U.S. COURT REPORTER

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10:12 1 money to cover up --

10:12 2 THE COURT: No, no, Counsel. I'm not going to let

10:13 3 you go there. This is a waste of time. You could properly

10:13 4 serve -- and I'm trying to help you cut through the

10:13 5 bureaucratic nonsense. You can have authorized service that

10:13 6 can take place in this building today.

10:13 7 If you want to continue procedurally, I won't cut

10:13 8 you off again. But I can guarantee you that process is

10:13 9 gonna be almost never ending, because you've already failed.

10:13 10 You failed in Pennsylvania.

10:13 11 MS. TAITZ: I never filed in Pennsylvania.

10:13 12 THE COURT: You failed in --

10:13 13 (To the Court Reporter:) When I'm speaking,

10:13 14 you'll take me.

10:13 15 You've failed in Washington. And I'm offering you

10:13 16 a vehicle and avenue to have this resolved on the merits.

10:13 17 Now, you're so used to doing battle, you're about to do

10:13 18 battle with me. I'd suggest you don't, and I suggest you

10:13 19 rethink it. So I'm going to take a recess. You're going to

10:13 20 go calm down and go think about this. If you still want to

10:13 21 proceed in this fashion, so be it.

10:13 22 MS. TAITZ: May I respond?

10:13 23 THE COURT: No, not now. I'm going to take a

10:13 24 recess, so you have a chance. I've got all day. In other

10:13 25 words, I'm not pushing you out of court.

DEBBIE GALE, U.S. COURT REPORTER

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10:13 1 MS. TAITZ: Well, can I talk to the U.S. Attorney?

10:13 2 THE COURT: We're in recess. We'll be back in

10:13 3 10 minutes.

10:13 4 (Recess held at 10:13 a.m.)

10:25 5 (Proceedings resumed at 10:25 a.m.)

10:25 6 THE COURT: We're back on the record. Let me

10:25 7 suggest to both of you a process that might get to the

10:25 8 merits of this.

10:25 9 I'm smiling at you.

10:25 10 On January 20th, 2009, at 3:26 p.m. you brought

10:25 11 suit against Defendant Obama, Condoleezza Rice in her

10:25 12 capacity as the former Secretary of State, Robert Mueller in

10:25 13 his capacity as the Director of the Federal Bureau of

10:26 14 Investigation, and Michael Hager as the former Director of

10:26 15 the Office of Personnel Management.

10:26 16 You've alleged that Obama does not meet the

10:26 17 qualifications required for the Office of the President, as

10:26 18 specified by Article II, Section 1, Clause [5], of the

10:26 19 United States Constitution. More specifically, you've

10:26 20 alleged that the defendant has not shown that he is a

10:26 21 natural-born citizen of the United States.

10:26 22 And the way we're proceeding, we're never going to

10:26 23 get to that issue, or at least it's going to take an

10:26 24 abhorrent amount of time. And if you're really interested

10:26 25 in this issue, I'm actually showing you a kindness, a way to

DEBBIE GALE, U.S. COURT REPORTER

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10:26 1 get this before a Court quickly, rather than the way that

10:26 2 this is proceeding.

10:26 3 MS. TAITZ: May I respond?

10:26 4 THE COURT: No, not yet. You've got all night,

10:26 5 believe it or not. You can have until 8:00 o'clock tonight,

10:26 6 for all I care, so there's no rush. Okay?

10:26 7 You've argued that there's evidence to show that

10:26 8 the President was actually born in Kenya and not Hawaii,

10:26 9 thus making him ineligible to be President of the

10:26 10 United States.

10:26 11 You've also argued that the President was a

10:27 12 citizen of Indonesia and he's not gone through the proper

10:27 13 immigration procedures to regain his United States

10:27 14 citizenship. In order words, you pointed the Court to two

10:27 15 different countries potentially that he was either born or a

10:27 16 citizen of.

10:27 17 In the lawsuit, you appear to be -- the issue

10:27 18 appears to be the issuance of an -- well, your primary

10:27 19 objective appears to be the issuance of an injunction

10:27 20 requiring the President to present any and all documentation

10:27 21 that he is a natural-born citizen of the United States --

10:27 22 and you've ably argued today that that's never been

10:27 23 forthcoming to you, frustratingly so -- and, if he's unable

10:27 24 to prove citizenship, to have him removed from office.

10:27 25 So if there's an import to this, if there's a

DEBBIE GALE, U.S. COURT REPORTER

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10:27 1 danger, then it would appear to me that you want to

10:27 2 accomplish that as quickly as possible, not what's happening

10:27 3 now in this procedural time-consuming circle that everybody

10:28 4 seems to be going in.

10:28 5 Now, you specifically plead for relief in the form

10:28 6 of declaratory relief, where the Court will determine

10:28 7 whether or not the President is a natural-born citizen of

10:28 8 the United States within the definition of the

10:28 9 U.S. Constitution; second, a stay of the January 20th, 2009,

10:28 10 Inauguration of the President due to plaintiffs' substantial

10:28 11 likelihood of success on the merit -- which has already

10:28 12 passed now, and getting older; a written mandamus requiring

10:28 13 Defendants Rice, Hager, and Mueller to produce or compel

10:28 14 documents proving the President's current citizenship; and

10:28 15 attorneys fees and costs of the suit.

10:28 16 In the motion before the Court, you've stated that

10:28 17 you're dismissing Counts 2 and 3 of the Complaint, and

10:28 18 dismissing all the defendants, except the President. And

10:28 19 I'll ask you about that in a moment, courteously, to make

10:28 20 sure that's still your position.

10:28 21 MS. TAITZ: Yes.

10:28 22 THE COURT: On May 12th, this Court issued an

10:28 23 Order to Show Cause for lack of prosecution, as the Court

10:29 24 had not received proof of service on various defendants in

10:29 25 this suit. On May 18th, plaintiffs' filed proof of service

DEBBIE GALE, U.S. COURT REPORTER

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10:29 1 on the President, through Maryann McKernian (phonetic), as I

10:29 2 understand it, who's a mail clerk in Streamwood, Illinois --

10:29 3 MS. TAITZ: No.

10:29 4 THE COURT: -- who's allegedly authorized to

10:29 5 accept service on behalf of the Department of Justice.

10:29 6 MS. TAITZ: No, no. Uh, she is not a mail clerk.

10:29 7 She went to the White House --

10:29 8 THE COURT: Oh, I'm going to get there. Believe

10:29 9 it or not, I read this stuff. Okay. So hang with me for a

10:29 10 moment.

10:29 11 After service, it's my understanding that she

10:29 12 literally went to the White House. Now, this gets even more

10:29 13 bizarre: That she gets on a plane and she flies to the

10:29 14 White House, and she gives this to a Secret Service agent.

10:29 15 MS. TAITZ: Yes.

10:29 16 THE COURT: That's a baffling process, in and of

10:29 17 itself: To have somebody get on a plane and give it to a

10:29 18 Secret Service agent.

10:30 19 Now, on June 1st, 2009, the Court notified

10:30 20 plaintiffs that their purported proof of service was

10:30 21 deficient under 4(i)(3), hereinafter "Rule 4(i)(3)."

10:30 22 And it states, Subsection (3):

10:30 23 "Officer or Employee Sued Individually.

10:30 24 "To serve a United States officer or employee sued

10:30 25 in an individual capacity for an act or omission occurring

DEBBIE GALE, U.S. COURT REPORTER

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10:30 1 in connection with duties performed on the United States'

10:30 2 behalf, whether or not the officer or employee is also sued

10:30 3 in an official capacity, a party must serve the

10:30 4 United States and also serve the officer or employee under

10:30 5 Rule 4(e), (f), or (g)."

10:30 6 In this motion you've argued that "the above

10:30 7 portion of Federal Rule of Civil Procedure is inapplicable

10:30 8 as Federal Rule of Civil Procedure 4(e), hereinafter 4(e),

10:30 9 should be applied instead."

10:31 10 This provision states in subsection (e):

10:31 11 "Serving an Individual Within a Judicial District

10:31 12 of the United States.

10:31 13 "Unless federal law provides otherwise, an

10:31 14 individual, other than a minor and incompetent person or

10:31 15 person who's waiver has been filed, may be served in a

10:31 16 judicial district of the United States by:

10:31 17 "First, following state law for serving a summons

10:31 18 in an action brought in courts of general jurisdiction in

10:31 19 the state where the district court is located or where the

10:31 20 service is made; or,

10:31 21 "Two, doing any of the following:

10:31 22 "(a) Delivering a copy of the summons and of the

10:31 23 complaint to the individual personally.

10:31 24 "(b) Leaving a copy of each at the individual's

10:31 25 dwelling or usual place of abode with someone of suitable

DEBBIE GALE, U.S. COURT REPORTER

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10:31 1 age and discretion who resides there; or,

10:31 2 "(c) Delivering a copy of each to an agent

10:31 3 authorized by appointment or by law to receive service of

10:32 4 process."

10:32 5 You've argued that the Court's June 12th, 2009,

10:32 6 order finding that service under Rule 4(e) was insufficient

10:32 7 and requiring service under 4(i) is "manifestly erroneous."

10:32 8 In the alternative, you move and request that this Court

10:32 9 exercise its discretion to certify the following question

10:32 10 for interlocutory appeal.

10:32 11 Now, let me just stop for a moment.

10:32 12 Assuming I was willing to do that, assuming I

10:32 13 ruled against you for a moment, do you know how long that

10:32 14 process is going to take? A significant period of time for

10:32 15 the Ninth Circuit to serve. And what I'm hearing is that

10:32 16 you want access to a Court immediately to re- -- now, hold

10:32 17 on. You've got lot of time, believe it or not. You seem

10:32 18 rushed. Don't be rushed -- that is a cumbersome and lengthy

10:32 19 process. And it's gonna go further up on review, trust me,

10:32 20 from the Ninth Circuit.

10:32 21 So the end result is you're fighting all of these

10:32 22 technicalities. You can literally go down -- I'm providing

10:32 23 you that option -- serve the United States. Jurisdiction

10:33 24 takes place today. There's nothing appealable. And you're

10:33 25 in court. That's what I don't understand.

DEBBIE GALE, U.S. COURT REPORTER

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10:33 1 So if this harm is being done, it seems to me that

10:33 2 you're stretching this process procedurally. But I'm not a

10:33 3 lawyer. I'm not a lawyer. So I'm gonna give you the

10:33 4 option, and you can argue. And sometimes we're dead right.

10:33 5 In other words, we're right but we're not doing too well.

10:33 6 And that's what I'm afraid you're in right now; and that is,

10:33 7 I'm afraid tentatively, on a motion for reconsideration,

10:33 8 that you may lose on this. If I don't grant interlocutory

10:33 9 appeal, you have to either take it up or start over. And

10:33 10 that's an incredible waste of time on this issue.

10:33 11 So now I'm done. You can proceed any way you'd

10:33 12 like to. And I'm going to give you the lectern, or you can

10:34 13 remain seated and just tell me what your thoughts are, and

10:34 14 how you'd like to proceed.

10:34 15 MS. TAITZ: Well, first of all, what I would like

10:34 16 to do is I would motion to strike from the record that

10:34 17 appearance of U.S. Attorney because he admitted that he is

10:34 18 not representing the President. And there is absolutely no

10:34 19 reason for him to even be at the defendant's table. And due

10:34 20 to the fact that the U.S. Attorney does not represent the

10:34 21 President -- but clearly the President was served;

10:34 22 otherwise, where did he get the pleadings and knew about

10:34 23 this hearing. The President knew that there is a hearing

10:34 24 today and decided not to show up and not to bring an

10:34 25 attorney who would represent him.

DEBBIE GALE, U.S. COURT REPORTER

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10:34 1 And due to the fact that U.S. Attorney does not

10:34 2 represent anybody in this case and has nothing to do with

10:34 3 this case, and the President ignored the proceedings and

10:34 4 showed disrespect to this proceedings, there's absolutely no

10:35 5 way not to give me a default.

10:35 6 But in order to be fair to Mr. Obama -- and the

10:35 7 issue, again, has -- again, has absolutely nothing to do

10:35 8 with the U.S. Attorney's Office, because I served Mr. Obama

10:35 9 on Inauguration Day as an individual. I served him on the

10:35 10 Inauguration Day clearly for something that he did before he

10:35 11 became the President -- as an individual -- so there is

10:35 12 absolutely no reason for him to be served through U.S.

10:35 13 Attorney's Office. There is absolutely no reason for any of

10:35 14 those people to pay this gentleman to sit here and defend

10:35 15 undefensible (sic) -- to defend Mr. Obama committing fraud

10:35 16 in order to get into the White House. We should not be

10:35 17 paying this. This is a very important issue.

10:35 18 If -- if -- if today Mr. Obama decides to divorce

10:35 19 his wife, will the U.S. Attorney spend my taxpayer's money

10:36 20 to defend him in a divorce? No. If there is a parking

10:36 21 ticket, and Mr. Obama didn't pay -- as he, as a matter of

10:36 22 fact, did not pay numerous parking tickets -- I don't

10:36 23 remember how many -- and paid only during the election -- do

10:36 24 I need to pay for his time to sit here and -- and defend

10:36 25 undefensible -- and that's what I've seen all over the

DEBBIE GALE, U.S. COURT REPORTER

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10:36 1 country. Since the moment Mr. Obama was elected, he simply

10:36 2 ignores service.

10:36 3 And I want to present -- and I don't know if you

10:36 4 had a chance to see the motion that I have filed. And if

10:36 5 you have time, I would like to read it. But there is a

10:36 6 pattern of stonewalling by Mr. Obama. He is being served as

10:36 7 an individual for something that he did before he became the

10:36 8 President. We should not be paying the U.S. Attorney's

10:36 9 Office to represent him. U.S. -- uh, he -- U.S. Attorney's

10:36 10 Office is not representing anybody.

10:37 11 And since there is nobody to even object, there is

10:37 12 nobody here who represents Mr. Obama to object to a default,

10:37 13 how can you not give me a default? There is absolutely no

10:37 14 reason not to give me a default. I mean, you have to. You

10:37 15 have no -- no other option.

10:37 16 But moreover, in order to speed up the process,

10:37 17 what I have seen happening around the country time and

10:37 18 again, Mr. Obama is pushing everybody to U.S. Attorney's

10:37 19 Office, and then the attorneys who usually work pro bono has

10:37 20 to fight with a whole "might" of U.S. Attorney's Office,

10:37 21 Department of Justice, who are not interested in uncovering

10:37 22 the truth, who are not interested in pursuing justice.

10:37 23 They're just interested in defending Mr. Obama. And that is

10:37 24 the problem.

10:37 25 If I agree today to serve U.S. Attorney's Office,

DEBBIE GALE, U.S. COURT REPORTER

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10:37 1 I can tell you, Your Honor, we'll get absolutely nowhere.

10:37 2 There is a case in New Jersey --

10:37 3 THE COURT: Just a moment.

10:38 4 This Court probably moves quicker than any court

10:38 5 in the country.

10:38 6 MS. TAITZ: Well --

10:38 7 THE COURT: No. I'll say that again. This Court

10:38 8 does not worry too much about procedure. I like an open

10:38 9 courtroom door concerning the merits. You're being given a

10:38 10 gift. You're in a very, very quick Court. If this matter

10:38 11 is before this Court, I can guarantee you I will know very,

10:38 12 very quickly the merits of this situation.

10:38 13 My concern is, I don't know that you're correct.

10:38 14 Okay? I've had my say. You do what you want. But as soon

10:38 15 as you're finished --

10:38 16 (To the U.S. Attorney:) -- then I'm going to hear

10:38 17 from you, Counsel.

10:38 18 Okay.

10:38 19 MS. TAITZ: And my point, Your Honor -- well, can

10:38 20 I read my motion?

10:38 21 THE COURT: You can. Counsel, read your motion.

10:38 22 But read it slowly so I get a good record of it. And if you

10:38 23 have an extra copy, give it to my court reporter.

10:38 24 MS. TAITZ: Yes. I have a whole big file for you,

10:38 25 Your Honor.

DEBBIE GALE, U.S. COURT REPORTER

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10:38 1 THE COURT: All right.

10:39 2 MS. TAITZ: And I have -- uh, uh, there's a motion

10:39 3 was e-filed. I called you. It's in your box, as well.

10:39 4 THE COURT: Certainly.

10:39 5 MS. TAITZ: And I have all the documents.

10:39 6 But what I wanted to show you, that is -- there is

10:39 7 indeed (inaudible).

10:39 8 THE COURT: Would you turn the microphone back on.

10:39 9 MS. TAITZ: Uh, uh.

10:39 10 THE COURT: Would you turn your microphone back

10:39 11 on. Somehow you've --

10:39 12 MS. TAITZ: Can you hear?

10:39 13 THE COURT: Yes.

10:39 14 MS. TAITZ: What I have presented in my motion is

10:39 15 that there is a whole pattern of stonewalling by Mr. Obama,

10:39 16 simply unwillingness to accept service.

10:39 17 THE COURT: Just a moment.

10:39 18 If that's true, I'm shortening this process

10:39 19 dramatically by suggesting that you simply file this or

10:39 20 you're going to have a never ending series of appeals. And

10:39 21 it will take a significant period of time. You're not

10:39 22 hearing that.

10:39 23 MS. TAITZ: No, I'm hearing it.

10:39 24 THE COURT: You are absolutely bent that you're

10:39 25 right concerning jurisdiction. And I've already ruled

DEBBIE GALE, U.S. COURT REPORTER

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10:40 1 against you on one occasion. This is a motion for

10:40 2 reconsideration; and, therefore, you have a substantial

10:40 3 chance of having the same ruling.

10:40 4 In talking to you this way, you're being basically

10:40 5 told that we're going to get to the merits of this very

10:40 6 quickly. The government's just asking for what they believe

10:40 7 is proper service.

10:40 8 I'm suggesting that, even if I was wrong on my

10:40 9 initial ruling, it's gonna take significant time to go

10:40 10 through the Ninth Circuit and maybe the Supreme Court. And

10:40 11 if you believe that this harm is being done, if Obama should

10:40 12 not be President, look at the passage of time.

10:40 13 You could be in court very quickly. But the way

10:40 14 you're proceeding, frankly, whether it's this Court or

10:40 15 another court, it's going to be a lengthy process. Because

10:40 16 even if I rule in your favor, they're going to, in fact,

10:40 17 appeal.

10:40 18 So valid service could be accomplished between the

10:41 19 two of you in a matter of minutes.

10:41 20 MS. TAITZ: Uh, Your Honor -- but again, they have

10:41 21 no standing to appeal because they don't represent anybody.

10:41 22 THE COURT: I've had my say. Counsel, you

10:41 23 continue, then.

10:41 24 MS. TAITZ: But what I would like to suggest is

10:41 25 that, again, since -- according to the U.S. Attorney, he

DEBBIE GALE, U.S. COURT REPORTER

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10:41 1 stated he is not representing anybody in this case, and

10:41 2 Mr. Obama did not show up, what I wanted to suggest is

10:41 3 having a default, and having discovery -- post default

10:41 4 discovery, or maybe having 60-day mediation in the post

10:41 5 default discovery.

10:41 6 And I have prepared a list of documents, vital

10:41 7 records, that I'm looking for. If Mr. Obama, who clearly

10:41 8 was served, who sent U.S. Attorney here, would like to

10:41 9 object -- personally, he's an attorney, or through his

10:41 10 personal attorney -- would like to object to service, he

10:41 11 would have an opportunity to do so during the period of the

10:42 12 post default discovery. And this is -- this will shorten

10:42 13 the process.

10:42 14 But serving today will give 60 days of wasted

10:42 15 time. They've been served. They've got all the papers,

10:42 16 time and -- I have here eight certified mail receipts.

10:42 17 I have here documents from Arizona where very

10:42 18 similar case was filed against Mr. McCain and Mr. Obama.

10:42 19 Mr. McCain responded. There was a different issue.

10:42 20 Mr. Obama stonewalled, simply ignored the proceeding,

10:42 21 disrespected the Court.

10:42 22 And on July the 6th, Mr. Clark Hambling (phonetic)

10:42 23 has filed a motion for default -- very similarly filed a

10:42 24 motion for default. And, next day, U.S. Attorney's Office

10:42 25 has filed this Statement of Interest. Statement of Interest

DEBBIE GALE, U.S. COURT REPORTER

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10:43 1 does not show that they represent anybody in this -- in this

10:43 2 case.

10:43 3 But all it shows -- that, in fact, Mr. Obama was

10:43 4 served, and he has chosen not to respond. And now he's

10:43 5 staring at two motions for default: One from Arizona, one

10:43 6 from California, and maybe more coming. And, uh, now I

10:43 7 guess he's deciding what to do.

10:43 8 I prepared, Your Honor, statements from a number

10:43 9 of citizens from all over the country -- from Utah, from

10:43 10 Pennsylvania, from Florida, from different states -- where I

10:43 11 asked them to help me in serving Department of Justice. And

10:43 12 I have eight certified mail receipts. I have affidavits

10:43 13 from citizens from different states that have submitted the

10:43 14 paperwork, that have sent certified mail, they have called

10:43 15 to follow up. I have here -- and I will give you all of

10:43 16 those documents. I have here a lady that called twelve

10:44 17 times Mr. Holder. They stonewall. They do not respond.

10:44 18 And that is the problem.

10:44 19 And -- and from what I've seen, from the cases --

10:44 20 specifically from -- not my cases. Pennsylvania and

10:44 21 New Jersey and other states, the moment U.S. Attorneys

10:44 22 becomes involved, the citizens of this country have to waste

10:44 23 their taxpayer money to pay for the U.S. Attorney's Office

10:44 24 for -- to defend something that Obama did before the

10:44 25 election. Clearly has nothing to do with U.S. Attorney's

DEBBIE GALE, U.S. COURT REPORTER

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10:44 1 Office.

10:44 2 And -- and all U.S. Attorney's Office does --

10:44 3 they're not interested on the case -- on the merits.

10:44 4 They're not interested if he is qualified or not. They

10:44 5 would find some technicalities saying there is no

10:44 6 standing -- even though, this case, we have a presidential

10:44 7 candidate, and I have amicas curia from another presidential

10:44 8 candidate, and we have a vice presidential candidate --

10:45 9 stating anything, just finding technicalities to throw cases

10:45 10 out of court.

10:45 11 If I serve them today, there will be 60 days for

10:45 12 them to respond. In those 60 days, God knows what's gonna

10:45 13 happen in this country. And then they're gonna file for

10:45 14 extension, as it was in New Jersey, where they've been

10:45 15 filing extension after extension after extension -- half a

10:45 16 year of extensions, and then motions for dismiss -- for

10:45 17 dismissal.

10:45 18 THE COURT: There aren't going to be any

10:45 19 extensions here.

10:45 20 MS. TAITZ: Well, um --

10:45 21 THE COURT: There aren't going to be any

10:45 22 extensions here.

10:45 23 There aren't going to be any extensions here.

10:45 24 Did you hear me?

10:45 25 MS. TAITZ: Yeah. I hear.

DEBBIE GALE, U.S. COURT REPORTER

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10:45 1 THE COURT: All right.

10:45 2 MS. TAITZ: I was wondering is there any way for

10:45 3 Your Honor to order 60-day mediation?

10:45 4 THE COURT: Why would I order mediation? He's

10:45 5 either valid or invalid. He's either the President or not.

10:46 6 What's there to mediate?

10:46 7 MS. TAITZ: In -- well, mediation --

10:46 8 THE COURT: If he doesn't meet the criteria, he's

10:46 9 not the President of the United States. It's just that

10:46 10 simple. And if he does meet the criteria, he is. So what's

10:46 11 the mediation? You want to make him Vice President?

10:46 12 MS. TAITZ: No, no. In terms of documents that

10:46 13 need to be produced, I have a list of documents that I'm --

10:46 14 I'm seeking. And during this period of time, instead of

10:46 15 waiting for the U.S. Attorney's Office for -- for 60 days to

10:46 16 just respond to service, we can -- uh, if we have a default,

10:46 17 uh, today -- if we have default judgment today, specifically

10:46 18 because, as I said, U.S. Attorney didn't even state that

10:46 19 they represent the President, and President did not send his

10:46 20 attorney, there is full reason to -- to grant the default.

10:46 21 And during the 60-day default, uh, um, discovery

10:46 22 I -- I -- I have here motion of all the documents that I'm

10:47 23 speaking for. If Mr. Obama feels that for some reason he

10:47 24 does not want to release any of those documents, he would

10:47 25 have an opportunity to object. His attorney -- I'm sure he

DEBBIE GALE, U.S. COURT REPORTER

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10:47 1 will send an attorney who will object, who will state,

10:47 2 "Okay. We're prepared to show a certified copy of this

10:47 3 document, but not of this one. This is private and this is

10:47 4 public." This way, we'll be able to get to the merits.

10:47 5 Your Honor, I have here a letter from somebody who

10:47 6 is a captain in the U.S. Army, stating that she --

10:47 7 THE COURT: I'm just going to joke with you,

10:47 8 Counsel: I was in the Marine Corps, so I don't pay

10:47 9 attention to the U.S. Army.

10:47 10 I'm just joking with you. I do. Army's terrific.

10:47 11 MS. TAITZ: Well, Your Honor, I have currently 170

10:47 12 plaintiffs -- from Marines, from Army -- one of them, as a

10:47 13 matter of fact, Lieutenant Colonel Wiggens (phonetic) from

10:47 14 U.S. Marines. I have Major General Childers (phonetic) from

10:47 15 U.S. Army. I have Brigadier General from Air Force. I do

10:48 16 have a lot of members of the military. And they're all

10:48 17 greatly concerned about what is going on. They're being

10:48 18 sent to -- to Afghanistan where they're sitting ducks, where

10:48 19 they've been given orders not to shoot back, not to return

10:48 20 fire.

10:48 21 As a matter of fact, we're going on Thursday to

10:48 22 Georgia where a Major, who is employed by Southern Command,

10:48 23 is stating he cannot be deployed to Afghanistan in two days

10:48 24 because he doesn't know if this President is legitimate --

10:48 25 if he's legitimate as the Commander-in-Chief, and if his

DEBBIE GALE, U.S. COURT REPORTER

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10:48 1 orders are legitimate.

10:48 2 What -- I mean, let's see. What would be the

10:48 3 fastest way to obtain the documents?

10:48 4 And, again, Mr. Obama did not state a right to

10:48 5 privacy that he could -- that the documents cannot be

10:48 6 produced. All he is saying, that it's good enough to

10:48 7 produce a computerized image of the documents instead of an

10:49 8 actual document or a certified copy, in which case, what can

10:49 9 he object to?

10:49 10 We're not asking for any money. We -- so there

10:49 11 will be no damage in that. And all we are asking for is to

10:49 12 see that the original documents are -- indeed comply with

10:49 13 the computerized copies that -- that he has, uh, submitted.

10:49 14 Why -- I mean -- I see absolutely no possible

10:49 15 justification not to give default, specifically because

10:49 16 there is nobody objecting. Who is here objecting to

10:49 17 default? He is not representing the President. And the

10:49 18 President did not show up and didn't send his attorney. So

10:49 19 there is nobody to object to -- to my motion for default.

10:49 20 And here is the motion (reading):

10:49 21 "This Court has jurisdiction over Count 1 of

10:49 22 Plaintiff's complaint filed January 20th, 2009, Declaratory

10:49 23 Judgment, regarding Barack H. Obama's status as natural born

10:50 24 citizen and resultant constitutional qualifications to serve

10:50 25 as President."

DEBBIE GALE, U.S. COURT REPORTER

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10:50 1 THE COURT: Slower, and move the microphone

10:50 2 closer. And, if you have a copy, you might give it to the

10:50 3 court reporter.

10:50 4 MS. TAITZ: It's already in your box, Your Honor.

10:50 5 THE COURT: Well, that's nice. You might give it

10:50 6 to the court reporter.

10:50 7 MR. DeJUTE: Can I interpose an objection on the

10:50 8 speaking motion, Your Honor?

10:50 9 THE COURT: Certainly.

10:50 10 MR. DeJUTE: That motion was filed today. I got

10:50 11 the electronic notice of it.

10:50 12 THE COURT: Well, I know that. I'm not going to

10:50 13 resolve it.

10:50 14 Counsel, I don't have that motion before the Court

10:50 15 because it was filed today also.

10:50 16 But you want to read, so I've got lots of time.

10:50 17 MS. TAITZ: Sure.

10:50 18 THE COURT: We can read day and night, if you'd

10:50 19 like to. It's not going to get resolved until I read it.

10:50 20 You filed it today.

10:50 21 MS. TAITZ: Yes.

10:50 22 THE COURT: So there's no value to it until I read

10:50 23 it.

10:50 24 MS. TAITZ: Absolutely.

10:50 25 THE COURT: So you're just doing this for

DEBBIE GALE, U.S. COURT REPORTER

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10:50 1 yourself.

10:50 2 MS. TAITZ: (No audible response.)

10:50 3 THE COURT: In other words, I haven't read it yet

10:50 4 'cause I got it today. I've been on the bench. So until I

10:50 5 read that, I don't know why you're reading it into the

10:50 6 record.

10:51 7 But if it makes you feel better, read.

10:51 8 MS. TAITZ: Okay. We do have a number of

10:51 9 observers here in the courtroom that would like to report to

10:51 10 the public what is happening in the courtroom and -- and I

10:51 11 think it is important.

10:51 12 THE COURT: I'm giving you all the time in the

10:51 13 world.

10:51 14 MS. TAITZ: Sure.

10:51 15 THE COURT: Now, I've got a 12:00 o'clock, and

10:51 16 then I've got a criminal calendar at 1:30, so you'll

10:51 17 probably be back at 5:00. Okay?

10:51 18 So start reading.

10:51 19 MS. TAITZ: "This Court has jurisdiction over

10:51 20 Count 1 of the Plaintiffs' complaint filed January 20th,

10:51 21 2009, for declaratory judgment regarding Barack H. Obama's

10:51 22 status as a natural-born citizen and resultant

10:51 23 Constitutional qualifications to serve as President,

10:51 24 pursuant to the Freedom of Information Act, 5 USC,

10:52 25 Paragraph 552(a)(4)(B), and 42 USC, Paragraphs 1983, 1988,

DEBBIE GALE, U.S. COURT REPORTER

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10:52 1 Civil Rights Action, and venue is proper in the Central

10:52 2 District of California, Santa Ana Division, is the District

10:52 3 and division in which Plaintiff Wiley S. Drake lives,

10:52 4 Buena Park, Orange County, California.

10:52 5 "This matter is justiciable under FOIA 5 USC,

10:52 6 paragraph 552(a)(b), 552(b)(2)" (sic) "1988."

10:52 7 THE COURT: Now, we don't have any disagreement

10:52 8 that this may be the proper jurisdiction.

10:52 9 MS. TAITZ: "Under FOIA, an agency such as the

10:52 10 Executive Office of the President and the White House,

10:52 11 Title 3 CFR, must disclose the information sought -- sought

10:52 12 by the requester unless the agency can invoke one of nine

10:52 13 exceptions specified in that Act. See 5 USC 552" (sic)

10:52 14 "1988." Some of these exemptions protecting personal

10:53 15 privacy apply to medical and personnel records.

10:53 16 "However, it has been for many years recognized

10:53 17 that the medical and personnel records of the de facto

10:53 18 or" --

10:53 19 THE COURT: We can't get a good record of what

10:53 20 you're reading, so if it's inaccurate, that's your

10:53 21 responsibility.

10:53 22 Do you want to start over again?

10:53 23 MS. TAITZ: No, I'll continue.

10:53 24 THE COURT: Slower.

10:53 25 MS. TAITZ: -- "such as Barack Hussein Obama

DEBBIE GALE, U.S. COURT REPORTER

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10:53 1 today, and even for candidates for the Presidency of the

10:53 2 United States are matters of public interest and concern.

10:53 3 "The issue in this case is whether the public

10:53 4 interest in a limited number of personnel records on Barack

10:53 5 Hussein Obama is sufficient to compel disclosure of one

10:53 6 particular document whose existence has been acknowledged

10:53 7 and confirmed many times, but which, for whatever as yet

10:53 8 undisclosed reasons, neither the private candidate Barack

10:54 9 Hussein Obama or the de facto President Barack Hussein Obama

10:54 10 has been willing to disclose; namely, the 'vault' or 'long

10:54 11 form' Hawaii birth certificate, and all related hospital or

10:54 12 medical documents, which Plaintiffs contend will finally

10:54 13 confirm or denounce Barack Hussein Obama's Article II

10:54 14 qualifications to serve and faithfully and execute the

10:54 15 Office of President of the United States.

10:54 16 "The public had before the election and still has

10:54 17 today a compelling interest in the disclosure of this one

10:54 18 single bit of critical documentation and all related records

10:54 19 and proof. The public's interest is undergirded by two

10:54 20 lines of decisions from U.S. Supreme Court. The first line

10:54 21 concerns the public's right to the performance of an agency

10:54 22 manager, such as an -- including the President as manager of

10:54 23 the entire Executive Branch under FOIA. The second line of

10:55 24 decisions concerns the vital role in our democratic society

10:55 25 played by disclosing facts and track records of candidate

DEBBIE GALE, U.S. COURT REPORTER

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10:55 1 for public office.

10:55 2 "Against this enormous public interest in favor of

10:55 3 disclosing the records on Barack Hussein Obama, the present

10:55 4 defendant, Barack Hussein Obama, is -- by default, has

10:55 5 raised absolutely nothing, nor have the U.S. Attorneys who

10:55 6 attempt to appear as nonparties, neither as representing

10:55 7 Obama, nor any intervening party, nor as 'amesca' (sic)

10:55 8 curiae on their own behalf, with their highly irregular

10:55 9 statement of interest, the statutory or rule-based

10:55 10 justification for which does not appear" to be (sic) "on the

10:55 11 face of this bizarre filing.

10:55 12 "The Defendant's substantive default is complete

10:56 13 after repeated notification and service.

10:56 14 "Since the FOIA exceptions that permit an agency

10:56 15 to withhold information are narrowly construed, the Court

10:56 16 has no statutory basis to rule for anything except full

10:56 17 production of the limited number of constitutionally

10:56 18 significant documents from the de facto Chief Executive

10:56 19 Officer of the United States. It is a matter of public

10:56 20 record that Barack Hussein Obama, both as the Presidential

10:56 21 candidate and the de facto, has never denied the relevance

10:56 22 of his birth certificate, but, in fact, repeatedly produced

10:56 23 an unsigned, unofficial document directly and through the

10:56 24 Democratic National Committee.

10:56 25 "Accordingly, even if -- if Barack Hussein Obama

DEBBIE GALE, U.S. COURT REPORTER

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10:56 1 were deemed to have appeared and answered or objected to

10:56 2 service by and through the U.S. Attorney's Office, which he

10:57 3 plainly did not do, Barack Hussein Obama would be equitably

10:57 4 and quite possibly judicially estopped by his conduct in

10:57 5 prior litigation from raising any FOIA objection to all

10:57 6 elements of his personal and medical records under FOIA. As

10:57 7 shown in Exhibit B, in prior proceedings, another

10:57 8 United States Attorney in the State of California, to wit,

10:57 9 Lawrence G. Brown and Yoshinori H.T. Himel, agreed to the

10:57 10 production of documents informally rather than by subpoena,

10:57 11 Exhibit B."

10:57 12 And, Your Honor, I have already subpoenaed, and --

10:57 13 uh, those records. And here is the stipulation that I've

10:57 14 already achieved with the U.S. Attorney's Office in a prior

10:57 15 case on behalf of Ambassador Keyes, and that stipulation

10:57 16 converting subpoena into demand. And what's happened with

10:58 17 U.S. Attorney's Office, they have agreed -- they have agreed

10:58 18 to cooperate and --

10:58 19 THE COURT: All right. Now, Counsel, the problem

10:58 20 you're running into is that this was filed today. Opposing

10:58 21 Counsel does not have this. I have this for the first time.

10:58 22 My clerk just handed it to me. And counsel now is going to

10:58 23 have time to respond to this.

10:58 24 So your reading, quite frankly, is of no

10:58 25 consequence. I'm going to read this, and he's going to have

DEBBIE GALE, U.S. COURT REPORTER

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10:58 1 time now to respond.

10:58 2 MS. TAITZ: The only -- well, um --

10:58 3 THE COURT: Therefore, I'm going to order you both

10:58 4 back next Monday.

10:58 5 MS. TAITZ: Okay.

10:58 6 MR. DeJUTE: Very well, Your Honor.

10:58 7 THE COURT: Now, just a moment.

10:58 8 Let's see if we can make sure.

10:59 9 MR. DeJUTE: Before you set any dates,

10:59 10 Your Honor --

10:59 11 THE COURT: No. Just a moment, Counsel.

10:59 12 Well, next week's not available.

10:59 13 But, anyway, Counsel?

10:59 14 MR. DeJUTE: Thank you, Your Honor.

10:59 15 I would just suggest that, before you set any

10:59 16 dates for the motion for default, we have to have a case or

10:59 17 controversy before this Court. And that means that service

10:59 18 has to be properly effected.

10:59 19 I'm prepared to respond, as Your Honor said I

10:59 20 could, if you wish me to do that now.

10:59 21 Counsel has --

11:00 22 THE COURT: Service has to be appropriate.

11:00 23 MR. DeJUTE: Service has to be appropriate.

11:00 24 The motion for default is not properly before this

11:00 25 Court because this Court has noticed a motion or a hearing

DEBBIE GALE, U.S. COURT REPORTER

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11:00 1 for reconsideration on the Court's ruling that service was

11:00 2 improper, and so that's what's before this Court.

11:00 3 Briefly, we are not here representing Barack Obama

11:00 4 because it's our position that he was not properly served.

11:00 5 His default can't -- it's no disrespect. His default simply

11:00 6 cannot be taken because you can't take the default of

11:00 7 someone who wasn't served.

11:00 8 THE COURT: Counsel's raised the question: Then

11:00 9 why are you here --

11:00 10 MR. DeJUTE: And I can answer that.

11:00 11 THE COURT: -- and that's because he's President

11:00 12 of the United States. That's why you can make your

11:00 13 appearance.

11:00 14 MR. DeJUTE: Well, we're making the appearance on

11:00 15 behalf of the United States. Counsel suggests it's not

11:00 16 pursuant to any statute. The first line of what we filed

11:00 17 points her to the statute: 28 USC, Section 517. And it

11:00 18 says that the United States can appear in any matter in any

11:00 19 civil court when there's an interest involving the

11:01 20 United States.

11:01 21 Whether or not Barack Obama is properly The

11:01 22 President is an interest of the United States as determined

11:01 23 by the Attorney General. And I would simply suggest that

11:01 24 this is not a case of a divorce proceeding. This is not a

11:01 25 case of a traffic ticket. This is a case in which

DEBBIE GALE, U.S. COURT REPORTER

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11:01 1 plaintiffs allege that he is not properly obligated to hold

11:01 2 the Office.

11:01 3 THE COURT: I agree. I think it's as simple as

11:01 4 this:

11:01 5 (To Plaintiffs' counsel:) If there's not going to

11:01 6 be a refiling, Counsel, I'm simply going to decide on this

11:01 7 Motion for Reconsideration concerning jurisdiction.

11:01 8 And what you're speaking to are the merits, again.

11:01 9 I've given you a vehicle, an avenue to get into court. I

11:01 10 think that this is going to end up being a nonending series

11:01 11 of appeals, quite frankly. And the way you're both

11:01 12 proceeding is going to take an extreme amount of time. And

11:01 13 I wish this would be resolved on its merits quickly. And

11:01 14 he's either not President or he is.

11:02 15 But, apparently, you're both bent on taking the

11:02 16 long way around this. So that's what we'll do.

11:02 17 MR. DeJUTE: I can --

11:02 18 THE COURT: Counsel, you're not ordered to -- I

11:02 19 wasn't smiling at you, was I?

11:02 20 MR. DeJUTE: I'm sorry, Your Honor.

11:02 21 THE COURT: No. Good.

11:02 22 Now, this latest motion, Counsel, I agree: It

11:02 23 doesn't come to the Court the day of a hearing and then get

11:02 24 credence with the Court.

11:02 25 And number two, it's putting the horse before the

DEBBIE GALE, U.S. COURT REPORTER

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11:02 1 cart. And we're not going to get to the merits of this

11:02 2 unless I have proper service. Already I've held on one

11:02 3 occasion that I don't believe it is. I'll relook at that

11:02 4 issue again. But I think I'm going to stop the reading of

11:02 5 this document because it goes to the merits, which is what

11:02 6 I'd like to get to; but, apparently, we're not going to be

11:03 7 able to.

11:03 8 MR. DeJUTE: May I make one comment, Your Honor?

11:03 9 THE COURT: No.

11:03 10 Now, I don't think that there's anything further

11:03 11 that's beneficial to this Court today. And I'm going to

11:03 12 stop the reading of your document just because, first, I

11:03 13 haven't read it; second, I can read it; three, serve it

11:03 14 beforehand if you want me to read that. I was here all

11:03 15 weekend. Would have been happy to have read it this

11:03 16 weekend. But not on the day of the hearing.

11:03 17 MS. TAITZ: Uh, well --

11:03 18 THE COURT: No. Thank you very much, counsel. I

11:03 19 didn't think I had given you permission to speak yet,

11:03 20 either.

11:03 21 So I want you two to have a very brief

11:03 22 conversation. That's not a request; it's an order.

11:04 23 Get up out of your seats.

11:04 24 Get up out of your seat. Approach each other. Go

11:04 25 through those double doors and decide between the two of you

DEBBIE GALE, U.S. COURT REPORTER

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11:04 1 what gets this case into court as quickly as possible in a

11:04 2 practical sense.

11:04 3 Counsel, I was speaking. You two will have a

11:04 4 conversation first. In other words, I'm giving you both

11:04 5 control right now before I step in with a heavy hand.

11:04 6 How do you get the case into court quickly, which

11:04 7 is what each of you want. Okay. Good-bye. I'll see you in

11:04 8 a few moments. Good-bye.

11:04 9 MR. DeJUTE: We've had that discussion,

11:04 10 Your Honor.

11:04 11 THE COURT: Go outside the door for a moment.

11:04 12 You're having it again. And then come on back in after

11:04 13 you've had a brief discussion. I want to make sure you've

11:04 14 thoroughly discussed this.

11:04 15 (Counsel exit the courtroom.)

11:04 16 (Pause in the proceedings at 11:04 a.m.)

11:04 17 (Proceedings resumed at 11:06 a.m.)

11:06 18 THE COURT: Okay. Would the CSO get them.

11:06 19 They've had time.

11:06 20 COURT SERVICES OFFICER: Yes, Your Honor.

11:06 21 THE COURT: Thank you, Counsel, for your courtesy.

11:06 22 I don't care what the resolution is. I just wanted another

11:06 23 brief discussion between the two of you. I assume you

11:06 24 haven't reached a resolution.

11:06 25 MS. TAITZ: Yes, we did. Actually, we did.

DEBBIE GALE, U.S. COURT REPORTER

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11:06 1 THE COURT: I'm sorry?

11:06 2 MR. DeJUTE: I suggested, Your Honor, that if the

11:06 3 Plaintiffs were to serve the U.S. Attorneys Office properly,

11:06 4 we would respond within 60 days and not seek an extension.

11:06 5 THE COURT: I think that, between the two of you,

11:06 6 it would get it into the court the fastest possible way

11:06 7 because, if you don't do that, there's going to be a series

11:06 8 of appeals no matter what. You're going to tie this case up

11:06 9 in the Ninth Circuit for nine months to a year -- I mean, in

11:06 10 a practical sense.

11:07 11 But, Counsel, I'll look to both of you.

11:07 12 MR. DeJUTE: No, I have no statement.

11:07 13 THE COURT: No extensions, 60 days, proper

11:07 14 service, and we're all done with all the legal nonsense.

11:07 15 We're right into court.

11:07 16 MS. TAITZ: Well -- okay. Well, what we suggested

11:07 17 to the counsel, and I believe -- I guess what we're gonna do

11:07 18 is, if he accepts service today, we will send a FOIA request

11:07 19 for a 30-day response.

11:07 20 MR. DeJUTE: I haven't seen it, Your Honor. I

11:07 21 haven't -- they may do anything they wish.

11:07 22 THE COURT: That's not an agreement that he's

11:07 23 going to comply with that. But get the case into court, for

11:07 24 goodness sakes.

11:07 25 MS. TAITZ: Okay.

DEBBIE GALE, U.S. COURT REPORTER

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11:07 1 THE COURT: I mean, if he's not President, he

11:07 2 shouldn't be President; if he is, he should be. And we need

11:07 3 to resolve this on the merits.

11:07 4 I'm sorry. Is the young lady back here helping

11:07 5 me?

11:07 6 MEMBER OF THE AUDIENCE: No.

11:07 7 THE COURT: No. Good. Don't help me. You can

11:07 8 sit there very quietly now.

11:07 9 So, Counsel, if you want me to resolve this, I

11:07 10 will. I suggest to you tentatively that the ruling would be

11:08 11 unfavorable to you. Okay?

11:08 12 MS. TAITZ: Well, I --

11:08 13 THE COURT: And, therefore, if you can file today,

11:08 14 it resolves all the jurisdictional issues. It will spin

11:08 15 through the labyrinth, but it will come right back to this

11:08 16 Court.

11:08 17 MR. DeJUTE: You misspoke. Not "file."

11:08 18 THE COURT: I said if you "file" it?

11:08 19 THE CLERK: "Serve."

11:08 20 MR. DeJUTE: "Serve."

11:08 21 THE COURT: I mean "serve it." My apologies. If

11:08 22 you serve it, it will come right back to this Court and

11:08 23 we'll expedite it. He's representing no extensions, and we

11:08 24 move pretty quick here.

11:08 25 MS. TAITZ: Okay.

DEBBIE GALE, U.S. COURT REPORTER

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11:08 1 THE COURT: Pretty quick for both of you.

11:08 2 So don't be shocked. When you come back to this

11:08 3 Court, I'm going to be putting a lot of pressure on both of

11:08 4 to you produce. And, therefore, if you need, you know,

11:08 5 help -- or you need help -- expect this case to move. So

11:08 6 get the support in here because you'll be surprised.

11:08 7 Now, I'm not joking for just a moment.

11:08 8 How late have we been on the record with both

11:08 9 counsel arguing a matter?

11:08 10 (To the reporter:) You start first.

11:08 11 COURT REPORTER: 1:00 a.m.

11:09 12 THE COURT: Kristee.

11:09 13 THE CLERK: 1:00 a.m. and weekends.

11:09 14 THE COURT: Clerks.

11:09 15 LAW CLERKS: (In unison:) 1:00 a.m. and weekends.

11:09 16 THE COURT: "And weekends."

11:09 17 So that means Saturdays I work. I've had the

11:09 18 Aryan Brotherhood, 30 defendants, with 30 murders, and we

11:09 19 worked every weekend. Every Saturday they were in here with

11:09 20 25 marshals.

11:09 21 So if you want this case expedited, I'll expedite

11:09 22 it, and I'll get the documents in front of this Court, I

11:09 23 mean immediately. There's no question about that.

11:09 24 (To Plaintiffs' counsel:) Because, if you're

11:09 25 correct, then from your perspective and the country's

DEBBIE GALE, U.S. COURT REPORTER

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11:09 1 perspective, he's not President.

11:09 2 (To U.S. Attorney:) If you're correct, we set this

11:09 3 aside immediately. It's done, and the country isn't sitting

11:09 4 there wondering who the Commander-in-Chief is or who the

11:09 5 President of the United States is.

11:09 6 And I just want to thank both of you because,

11:09 7 without following this process -- which, quite frankly, I'm

11:09 8 leaning on you to do -- this is a never-ending series of

11:09 9 appeals. It's gonna go to the Ninth Circuit, the Supreme

11:10 10 Court, back, we're gonna be back here literally a year to a

11:10 11 year and a half from now.

11:10 12 Why? It's not fair to the public.

11:10 13 Okay. So you're going down and serve?

11:10 14 MS. TAITZ: Uh, yeah. And, uh --

11:10 15 THE COURT: No, no. Yes?

11:10 16 MS. TAITZ: Yes. And --

11:10 17 MR. LINCOLN: The law clerk will see to it, sir.

11:10 18 THE COURT: When? By 12:00 o'clock?

11:10 19 MR. LINCOLN: No.

11:10 20 THE COURT: By 12:00 o'clock?

11:10 21 MR. LINCOLN: I think we'll have to make copies of

11:10 22 one thing.

11:10 23 THE COURT: By 1:30?

11:10 24 MS. TAITZ: (Inaudible) amend the complaint.

11:10 25 MR. LINCOLN: We may amend later. She's asking

DEBBIE GALE, U.S. COURT REPORTER

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11:10 1 about that. We'll serve the current copy now.

11:10 2 THE COURT: Current copy now.

11:10 3 MS. TAITZ: I have it with me.

11:10 4 THE COURT: Just a moment. See how quickly we're

11:10 5 going to move?

11:10 6 Counsel is going to walk with you down to the

11:10 7 U.S. Attorney's Office.

11:10 8 Correct?

11:10 9 MR. DeJUTE: If you order, sir.

11:10 10 THE COURT: I'm ordering it.

11:10 11 MS. TAITZ: It's ready for him.

11:10 12 THE COURT: And that takes care of all the

11:10 13 problems.

11:10 14 In other words, we're not -- otherwise, he leaves

11:10 15 court. You serve downstairs. You're both ordered to go

11:11 16 down to the U.S. Attorney's Office right now, get the proper

11:11 17 service in place. We'll spin it through the mechanism. It

11:11 18 will be back to me probably within a day or two.

11:11 19 What it does is goes back on the wheel, but

11:11 20 because I had the case --

11:11 21 THE CLERK: They're not refiling. They're just

11:11 22 serving.

11:11 23 THE COURT: They're just serving. That's right.

11:11 24 My apologies. You're just serving so it stays right here.

11:11 25 And so it saves a day.

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11:11 1 So you're gonna file immediately?

11:11 2 MR. LINCOLN: I believe -- we have to make a copy,

11:11 3 like I said, Your Honor. And we have to do -- does the --

11:11 4 does -- the U.S. Attorney, do they waive service of the

11:11 5 summons? Do we have to get a summons issued?

11:11 6 MR. DeJUTE: I don't think I'm authorized to waive

11:11 7 summons. But I can tell you, we will not stand on fact

11:11 8 (inaudible) --

11:11 9 MR. LINCOLN: Your Honor, do we order that we get

11:11 10 a summons done?

11:11 11 MR. DeJUTE: I think I've said you don't need a

11:12 12 summons.

11:12 13 MR. LINCOLN: Okay.

11:12 14 MR. DeJUTE: I'm not authorized to do so, but we

11:12 15 will not "not respond" because there's not a summons.

11:12 16 MS. TAITZ: Okay. Well, here you go.

11:12 17 (Indicating). Now we've just served.

11:12 18 THE COURT: No. Just go down to the

11:12 19 U.S. Attorneys Office, so it's in the proper area. I'm

11:12 20 going to follow all the rules so it's done. It's a proper

11:12 21 service at the U.S. Attorney's Office.

11:12 22 MR. DeJUTE: If I may inquire, Your Honor. The

11:12 23 motion sought to dismiss Counts 2 and 3, and all other

11:12 24 defendants other than Barack Obama.

11:12 25 I simply want to inquire whether or not that is

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11:12 1 how we should respond?

11:12 2 THE COURT: Yeah, I forgot.

11:12 3 You were going to dismiss Count 2 and 3 and the

11:12 4 other defendants?

11:12 5 MS. TAITZ: Yes, yes.

11:12 6 THE COURT: Your disagreement's really with Obama.

11:12 7 MS. TAITZ: Yes, exactly.

11:12 8 THE COURT: Is that still acceptable?

11:12 9 MS. TAITZ: Yes, yes.

11:12 10 THE COURT: Then, why don't I simply -- first of

11:12 11 all, I'll remember that. And if not, on the next occasion,

11:12 12 because you're refiling the original document, I'll simply

11:12 13 make that --

11:12 14 MR. DeJUTE: Just "serving" it, Your Honor?

11:12 15 MS. TAITZ: "Serving."

11:12 16 THE COURT: Thank you very much, Counsel.

11:12 17 I'll simply make that notation, and I'll strike

11:13 18 that at the time. So even if they're serving the original

11:13 19 document, I don't think we have to worry about Mr. Mueller,

11:13 20 et al.

11:13 21 MR. DeJUTE: (Inaudible.)

11:13 22 COURT REPORTER: Can you either speak louder or

11:13 23 turn on your microphone.

11:13 24 MR. DeJUTE: Only obligation's to respond to Obama

11:13 25 and Count 1?

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11:13 1 THE COURT: Only to Obama and Count 1.

11:13 2 Is that your understanding, also: Obama and

11:13 3 Count 1?

11:13 4 MS. TAITZ: Yeah.

11:13 5 MR. LINCOLN: But we do reserve the right to

11:13 6 amend, right, Your Honor? For -- one free amendment before

11:13 7 the answer?

11:13 8 THE COURT: Yes, you do. And not only that, I use

11:13 9 my discretion, even -- it's one free amendment, but also I'm

11:13 10 pretty liberal about amendments. I just am encouraging the

11:13 11 two of you to move on this case. And once I've got it back

11:13 12 in the proper format, we'll go quickly. Okay.

11:13 13 So therefore, I don't know why you need FOIA

11:13 14 requests. I mean, go ahead and file 'em if you want to.

11:13 15 But the Court's going to be making orders, which will

11:13 16 probably be a lot quicker than your FOIA request. Right?

11:14 17 Well, now, Counsel, I want to thank both of you.

11:14 18 I think we finally got it in a posture that we can decide it

11:14 19 on the merits. And I really appreciate it. If I was

11:14 20 discourteous to each of you, I apologize. It's just

11:14 21 frustrating watching what's happening here.

11:14 22 And now, I think we've got a vehicle to get this

11:14 23 before the Court as quickly as possible and not waste

11:14 24 people's time.

11:14 25 Thank you very much.

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11:14 1 MR. LINCOLN: God save this Honorable Court.

11:14 2 THE COURT: Thank you very much, Counsel -- or

11:14 3 clerk. Appreciate it.

11:14 4 (At 11:14 a.m., proceedings were adjourned.)

11:14 5 -oOo-

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11:14 1 -oOo-

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11:14 3 CERTIFICATE

11:14 4

11:14 5 I hereby certify that pursuant to Section 753,

11:14 6 Title 28, United States Code, the foregoing is a true and

11:14 7 correct transcript of the stenographically reported

11:14 8 proceedings held in the above-entitled matter and that the

11:14 9 transcript page format is in conformance with the

11:14 10 regulations of the Judicial Conference of the United States.

11:14 11

11:14 12 Date: September 12, 2009

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11:14
11:14 15 _________________________________
11:14 DEBBIE GALE, U.S. COURT REPORTER
11:14 16 CSR NO. 9472, RPR

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DEBBIE GALE, U.S. COURT REPORTER