- Motion For Rogatory Discovery To Authenticate Kenyan
Birth Certificate Of Barack Hussein Obama
-
- August 2nd, 2009
-
- 8:09-cv-00082-DOC-AN Ambassador Alan Keyes PhD, et al
v. Barack Hussein Obama, et al
- (ANx), DISCOVERY, MANADR
-
- UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
-
- Notice of Electronic Filing
-
- The following transaction was entered by Taitz, Orly
on 8/1/2009 at 10:08 PM PDT and filed on 8/1/2009
- Case Name: Ambassador Alan Keyes PhD, et al v. Barack
Hussein Obama, et al
- Case Number: 8:09-cv-82
- Filer: Alan Keyes PhD
- Document Number: 34
- Docket Text:
- NOTICE OF MOTION AND MOTION to Expedite authentication,
MOTION for Issuance of Letters Rogatory for authenticity of Kenyan birth
certificate filed by Plaintiff Alan Keyes PhD. (Attachments: # (1) Appendix
Photocopy of Obamaâ¤s birth certificate from Kenya)(Taitz,
Orly)
- 8:09-cv-82 Notice has been electronically mailed to:
- UNITED STATES OF AMERICA david.dejute@usdoj.gov
- Orly Taitz dr_taitz@yahoo.com
- 8:09-cv-82 Notice has been delivered by First Class U.
S. Mail or by fax to: :
- The following document(s) are associated with this transaction:
- Document description:
-
-
- Dr. Orly Taitz
- Attorney-at-Law
- Orly Taitz Law Offices
- 26302 La Paz, Suite 211
- Mission Viejo, California 92691
- Telephone: (949) 683-5411
- E-Mail: dr_taitz@yahoo.com
- UNITED STATES DISTRICT COURT
- FOR THE CENTRAL DISTRICT OF CALIFORNIA
- SANTA ANA (SOUTHERN) DIVISION
- Captain Pamela Barnett,
- Lt. Colonel Richard Norton Bauerbach
- Captain Robin D. Biron
- Colonel John D. Blair,
- Mr. David L. Bosley,
- Ms. Loretta G. Bosley,
- Captain Harry G. Butler,
- Representative Glenn Casada, Tennessee
- Jennifer Leah Clark,
- Representive Timothy Comerford, NH
- Charles Crusemire,
- Representative Cynthia Davis, Missouri Civil Action No.:
- Chief Warrant O. Thomas S. Davidson SACV09-00082-DOC
(Anx)
- Matthew Michael Edwards,
- TRIAL-BY-JURY
- Lt. Jason Freese,
- DEMANDED
- Mr. Kurt C. Fuqua,
- Officer Clint Grimes,
- Representative Casey Guernsey, Missouri
- Julliett Ireland,
- D. Andrew Johnson,
- Israel D. Jones,
- Timothy Jones,
- Alan Keyes, Ph.D.,
- Commander David Fullmer LaRoque,
- Gail Lightfoot,
- Lita M. Lott,
- Major David Grant Mosby,
- MSGT Steven Kay Neuenschwander,
- Representative Frank Niceley, Tennessee
- Retired Senator Jerry Oâ¤Neil, Montana,
- SFC E7 Robert Lee Perry ,
- Representative Larry Rappaport, NH
- Colonel Harry Riley,
- Sergeant Jeffrey Wayne Rosner,
- MSGT Jeffrey Schwilk,
- Captain David Smithey,
- Lt. Commander John Bruce Steidel,
- Cmdr. Douglas Earl Stoeppelwerth
- Thomas J Taylor,
- Representative Eric Swafford, Tennessee
- Captain Neil B. Turner,
- Richard E. Venable,
- LCDR Jeff Graham Winthrope, and
- Lt. Colonel Mark Wriggle,
-
- Plaintiffs,
- v.
-
- Barack Hussein Obama,
- Michelle L.R. Obama,
- Hillary Rodham Clinton, Secretary of State,
- Robert M. Gates, Secretary of Defense,
- Joseph R. Biden, Vice-President and
- President of the Senate,
- Defendants.
- SPECIAL MOTION FOR LEAVE TO CONDUCT PRE-RULE 26(f) DISCOVERY
- TO DEFENDANT HILLARY RODHAM CLINTON and
- CERTAIN NON-PARTY WITNESSES
- TO PERPETUATE TESTIMONY, PRESERVE EVIDENCE, and to
- TRANSMIT LETTERS ROGATORY PURSUANT to
- 28 U.S.C. 1781(a)(2)-(b)(2)
-
- The undersigned counsel for Plaintiffs has acquired possession
of a color copy of one certain document (attached as Exhibit A to this
motion), regarding which there are no ready means of authentication except
by recovery of the original document. As should be apparent from the nature
and content of the document, if authenticated, and shown to be genuine,
the contents of this document will significantly narrow and shorten the
discovery and pre-trial litigation period necessary in this case, and might
lead to an early resolution by settlement or transfer of these proceedings
to the United States House of Representatives and Senate according the
procedures outlined in the Constitution.
-
- It is also apparent (and hearsay evidence available to
Plaintiffs⤠counsel aggravates her concerns) that political
pressure may be brought to bear to destroy all relevant evidence, whether
such evidence exists within or outside the borders of the United States
of America.
- It would appear to the undersigned counsel that either
28 U.S.C. 1781(a)(2) or 28 U.S.C. 1782(b)(2) or some combination of these
statutory authorizations outlines the procedures by which to transmit letters
rogatory and other requests to the proper authorities abroad in Kenya and
the United Kingdom of Great Britain and Ireland.
-
- For two classes of evidence at issue here, namely all
requests for relevant passport materials and other documents existing within
the United States of America, as well as all requests to be made through
diplomatic channels to foreign tribunals, Defendant HILLARY RODHAM CLINTON
is the Secretary of State of the United States of America, and accordingly,
Secretary Clinton is the first and primary proper target of letters rogatory
to be submitted pursuant to 28 U.S.C. 1781(a)(2).
-
- FIRST, Plaintiffs pray that this court authorize Plaintiffs
to issue a special subpoena for deposition duces tecum to Secretary HILLARY
RODHAM CLINTON be cited to appear within 21 days pursuant to (or in the
letter and spirit of) Rule 27 of the Federal Rules of Civil Procedure (even
though this action has been filed and served, many months will pass before
the Rule 26(f) Conference can be held to plan for discovery among the parties).
- The purpose of Rule 27, even though designed for pre-filing
discovery, is fulfilled and relevant here, in that some (above-noted) hearsay
evidence exists that an individual involved in the examination of passport
files at the United States Department of State relating to and involving
certain 2008 Presidential candidates may have been killed in relation to
such inquiry. Last year it was announced by former secretary of State Candoleeza
Rice that there was tampering with the passport records of three major
presidential candidates and it was investigated by the inspector general.
Lt. Querl Harris was one of the suspects in passport tampering scandal.
Washington post has announced that he was cooperating with the FBI and
shortly thereafter he was found dead, shot in the head, sitting in his
parked car. This case remains open and unresolved. Under such circumstances,
â¤perpetuation of evidenceâ¤ù becomes
a more and more significant and time-sensitive issue.
-
- SECOND, Plaintiffs pray that this court will send a request
for letters rogatory pursuant to 28 U.S.C.1781(a)(2) to Defendant HILLARY
RODHAM CLINTON and other relevant officers in the United States Department
of State to issue and transmit letters rogatory through proper diplomatic
channels to the following foreign offices of public record and vital statistics:
-
-
- For the Republic of Kenya:
- KENYA
- The Principal Civil Registrar
- Dept of Civil Registration
- Office of the President
- PO Box 49179
- Nairobi
- Kenya
-
- Tel: 227461
-
- And/or
-
- Office of the Principal Registrar
- Deputy Registrar
- Births, Deaths, and Marriages for the
- Coast Province of Kenya
- (or its modern successor, equivalent jurisdiction) in
and for
- MOMBASA, KENYA
- (formerly British East Africa)
- and/or
- Kenya High Commission
- 45 Portland Place
- London W1B 1AS
- Tel No. 020 7636 2371
- E-maiL: info.uk@kenyahighcommission.net info.uk@kenyahighcommission.net
- http://www.kenyahighcommission.net/
- searchcertappforms.html
- And/or
- www.direct.gov.uk
- General Register Office
- http://www.gro.gov.uk/gro/content/certificates/contact_us.asp
- Certificate Services Section
- http://www.direct.gov.uk/en/TravelAndTransport/Passports/
- WhoiseligibleforaBritishpassport/DG_174145
- General Register Office
- PO Box 2
- SOUTHPORT
- PR8 2JD
-
- Tel: +44 (0) 845 603 7788 (8am to 8pm Monday to Friday.
Saturday 9am to 4pm).
- THIRD and in the alternative, Plaintiffs pray that this
court issue and transmit letters rogatory and requests directly to each
of the above-and-foregoing listed foreign offices or agencies (or to the
relevant tribunals with appropriate jurisdiction in the relevant countries)
without the intervention or assistance of Defendant HILLARY RODHAM CLINTON
and/or other officers of the Department of State and/or the Department
of Justice of the United States of America.
-
- It is urgent that this request be prosecuted prior to
the normal onset of discovery in this case, again, according to the general
letter and spirit of Rule 27 of the Federal Rules of Civil Procedure regarding
the perpetuation of testimony. There has never been a constitutional challenge
to the identity and eligibility of a sitting President of the United States
and so there are no direct precedents regarding this matter, but it is
fairly safe to say that the potential consequences and fallout from this
present filing being made public will be severe and significant, even though
the undersigned counsel makes absolutely no pre-judgment or prediction
regarding the actual authenticity of the document of which only a color
copy taken by a camera at an odd angle, which is attached herein as Exhibit
A.
-
- PRAYER FOR RELIEF
-
- For all of the above-and-foregoing reasons, Plaintiffs
pray that this court will grant leave to the Plaintiffs to conduct the
aforementioned special discovery immediately and prior to the normal Rule
26(f) Conference, pursuant to Rule 27 and all or some subset of the procedures
authorized in 28 U.S.C. 1781(a)(2)-1781(b)(2). Although the urgency of
this request cannot be overstated, 21 days is the normal time for service
of such a request as this under Rule 27 of the Federal Rules, and the undersigned
counsel reminds the Court that she will be out of the United States from
August 2, 2009, to August 24, 2009.
- Respectfully submitted,
- Saturday, August 1, 2009
- Lughnasadh/LaLunasa
- By:________________________________
-
- Dr. Orly Taitz, Esq. (SBN 223433)
- Attorney for the Plaintiffs
- 26302 La Paz, Suite 211
- Mission Viejo, California 92691
- Telephone (949) 683-5411
- E-Mail: dr_taitz@yahoo.com
-
- PROOF OF SERVICE
- I the undersigned Charles Edward Lincoln, being over
the age of 18 and not a party to this case, so hereby declare under penalty
of perjury that on this Saturday August 1, 2009, I provided facsimile copies
of the Plaintiffs⤠above-and-foregoing
- SPECIAL MOTION FOR LEAVE TO CONDUCT PRE-RULE 26(f) DISCOVERY
- TO DEFENDANT HILLARY RODHAM CLINTON and
- CERTAIN NON-PARTY WITNESSES
- TO PERPETUATE TESTIMONY, PRESERVE EVIDENCE, and TRANSMIT
- LETTERS ROGATORY PURSUANT to 28 U.S.C. 1781(a)(2)-(b)(2)
- to all of the following non-party attorneys whose names
were affixed to the STATEMENT OF INTEREST who have appeared in this case
in accordance with the local rules of the Central District of California,
to wit:
- THOMAS P. Oâ¤BRIEN
- LEON W. WEIDMAN
- ROGER E. WEST
- DAVID A. DeJUTE
- FACSIMILE (213) 894-7819
- DONE AND EXECUTED ON THIS 1st day of August, 2009
-
- Charles Edward Lincoln, III
- charles.lincoln@rocketmail.com
- Tel: (512) 923-1889
-
- Exhibit A:
- Unauthenticated Color Photocopy of
- Certified Copy of
- Registration of Birth from the
- Coast Province of Kenya
- District of Mombasa
- District Registry Office
- Office of the Principal Registrar
- Republic of Kenya, issued on the
- 17th day of February, 19
-
-
- Orly Taitz DDS Esq
-
- 26302 La Paz ste 211
- Mission Viejo Ca 92691
-
- 29839 S. Margarita Pkwy
- Rancho Santa Margarita Ca 92688
-
- ph. w 949-586-8110 c-949-683-5411
- fax 949-586-2082
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