“Well then let’s make it about his immigration records ...”
Pick me up off the floor! I’m stunned.
Next, let’s gets past the false narrative evidence must be produced and submitted with a complaint or the case will be dismissed. In fact, you can make any allegation you want in a civil suit and the Court is required by the rules to treat those allegations as true until successfully defended by the defendant.
That’s right. The defendant must prove by a preponderence of the evidence he/she is not responsible for the harm suffered by the plaintiff for the allegations made by the plaintiff.
Let’s try an example ...
In a complaint filed in a U.S. District Court on a civil the matter, the plaintiff alleges and states, to wit:
1) Defendant Obama asked for personal loan from plaintiff on or about June 1, 2007 in the amount of $30,000.
2) Defendant Obama and plaintiff met in a private meeting to discuss the terms of the personal loan where defendant assured plaintiff he was a future candidate for the Democratic nomination of the Office of the President of the United States.
3) During the private meeting, defendant Obama admitted he was born in Hawaii, but issued a Certificate of Naturalization in 1983.
4) Defendant Obama assured plaintiff he was a former Constitutional law instructor and his professional opinion was he was eligible for the Office of the President because he was native born and his Certificate of Naturalization was irrelevant.
5) Defendant Obama produced a certified copy of defendant’s Certificate of Naturalization and allowed plaintiff to carefully examine the document for authencity, but refused to allow plaintiff to photograph or copy the document.
6) Plaintiff refused to make the $30,000 loan to defendant, but offered purchase an option for the exclusive rights to defendant’s authorized biography for $30,000.
7) Defendant and plaintiff agreed the option for the exclusive rights to defendant’s authorized biography would include a certified copy of defendant’s Certificate of Naturalization for photographing, reproduction, and mass distribution with defendant’s authorized biography.
8) Defendant and plaintiff agreed to complete the transaction to purchase the option for the exclusive rights to defendant’s authorized biography for $30,000 with defendant producing a certified copy of defendant’s Certificate of Naturalization on or before January 1, 2013.
9) Plaintiff handed the defendant $30,000 cash on June 1, 2007 to purchase the exclusive rights to his authorized biography and obtain a copy of his certified Certificate of Naturalization on or before January 1, 2013.
10) To date, defendant has not produced his Certificate of Naturalization for photocopying and authorized use; nor has he cooperated with plaintiff for production of his authorized biography to include his Certificate of Naturalization.
When OBOTS scream for proof, plaintiff’s lawyer can remind the OBOTS all proof submitted with a complaint in a civil matter are ignored, per Court Rules for Civil Procedure. Discovery begins after the defendant answers the complaint, per Court Rules of Civil Procedure. Allegations in Complaint will be found to have merit if the defendant does not answer and successfully defend against the allegation, per Court Rules of Civil Procedure.
Plaintiff requests this Court to assess defendant for monetary damages associated with not completing the agreement and a writ of mandamus for defendant to provide plaintiff with one certified copy of defendant’s Certificate of Naturalization.
Your hypothetical example is a diversion. You make allegations and offer no substantiation.
Will you sign an affidavit stating the detailed facts of your personal knowledge of knowing Obama naturalized in 1983 and turn that over to Sheriff Arpaio?
You’ve alleged or intimated that Napolitano has documents inside a Maricopa County home and that the home should be searched.
Will you sign an affidavit stating the detailed facts of your knowledge of documents in Napolitano’s home and turn that over to Sheriff Arpaio?
An affidavit supports the probable cause needed to obtain a warrant.
Prior to any court proceeding the police conduct an investigation and gather evidence.
Will you help gather that evidence?
Will you sign a affidavit stating the detailed facts of your personal knowledge of knowing Obama naturalized in 1983 and turn that over to Sheriff Arpaio?