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Brockhausen v. Andrade: Judge: “This Court has no Jurisdiction”; Update: US Attorneys...
The Right Side Of Life ^ | 1/23/2009 | rxsid

Posted on 01/23/2009 12:07:59 PM PST by rxsid

Brockhausen v. Andrade: Judge: “This Court has no Jurisdiction”; Update: US Attorneys Getting Involved

[snip}

Quote: " I wanted to thank everybody for concern and well wishes. I just got ome from TX after some 48 hours with only 3 hours of sleep.

TX judge Burt Carnes has allowed me to represent Jody Brockhausen against Secretary of State of TX, he has signed my application to represent her Pro Hac Vice (out of state attorney), but his decision was that he has no jurisdiction to hear the case in the state court.

It looked like his mind was made even before the hearing. He asked Assistant Attorney General how much time does she need, she stated 15-20 minutes, his response was that he needs only 3 minutes. He didn’t even ask the plaintiff if she needs any time. When I protested, he originally was not willing to let me talk. When I asked him to allow me to represent her pro hac vice, pro bono after I made an effort of flying and driving from CA all night long, he stated that he didn’t sign pro hca vice application, at which time I told him that there is nothing preventing him from signing it now. He finally agreed. I’ve stated that the examples given by the AJ relate to Fed Court and issues before the elections.

To the best of my knowledge there is nothing in TX law or precedents preventing a citizen from having standing and presenting a grievance and seeking resolution of violation of her civil rights in seeking verification of eligibility and legitimacy of the siting president. Judge Carnes provided no response and simply stated that there is no jurisdiction and pretty much told us to go, which we certainly did by going straight to the US attorney’s office with a criminal complaint whereby my client’s civil rights under 1st, 14 9 and 10th amendment were violated. If there is no jurisdiction in Federal court and State court, then the citizens have there civil rights de facto taken away from them and they are reduced to a level of slaves. A group of patriots and I had a meeting with Assistant US attorney Chris Peele and Chief US Attorney for the North-Western district of TX for Criminal matters, Chris Peele . Mr. Durbin agreed to hear the matter and asked for our paperwork. We were shocked to find out how little they knew about the matter. Mr. Peele told us that he was under the impression that the case was heard on the merits. They had no clue that no Obama ineligibility case was ever heard on the merits, not one judicial subpoena was ever issued and nobody has ever seen his original birth certificate.

Currently we are coordinating efforts to schedule personal meetings of groups of volunteers with Chief US attorneys for criminal matters in each and every district of the US. Mr. Ken Burr and George Lewis will be in charge of this projct." End Quote
[snip]

Source = http://www.therightsideoflife.com/?p=3070


TOPICS: Breaking News; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 911truthers; artbell; batboy; bho44; birthcertificate; birthers; brockhausen; certifigate; conspiracytheories; constitution; deadhorse; donquixote; eligibility; firsthundreddays; forumshopping; frivolouslawsuit; frivolouslawsuits; holdmahbeer; obama; obamanoncitizenissue; obamatruthfile; only10moredollars; rinobullies; ronpaul; shortwave; taitz; tinfoilhats; tortreform; trilateral; truthers
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To: Blood of Tyrants

Interesting! Thanks- you are a winner.


21 posted on 01/23/2009 2:27:23 PM PST by real_patriotic_american
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To: real_patriotic_american

... just one judge who will subpoena Obama’s original birth certificate (and then enforce it).


To my knowledge, no District Attorney or state Attorney General has requested any judge to issue a subpoena for Obama’s original, vault copy, long form, Certification of Live Birth.

Under Hawaii Revised Statutes 338-18(a)(part 9): “The department(of Health)shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in that record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record (numbers 1-8 relate directly to the applicant and their family members):
(9)A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;”

Therefore if a District Attorney or Attorney General requested a subpoena and if a judge granted the request, the Hawaii State Department of Health would most likely release the original document or a copy of that document.


22 posted on 01/23/2009 2:30:08 PM PST by jamese777
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To: Blood of Tyrants
If the judge refuses to issue it and the person is found guilt, it is grounds for an appeal.

Blood, I think this may have to be the approach to get at the birth certificate. If Obama does his homework, the appeals court judges will be coerced into denying the appeal. Then the Supremes will be next in line. They can decline to hear it. The conviction will stand and the matter will be judicially closed. At that point, it will be time to alter or abolish the government, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to seem most likely to effect our safety and happiness.

23 posted on 01/23/2009 2:32:57 PM PST by 17th Miss Regt
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To: OneTimeComment

... let me add that if all we have is a Special Prosecutor taking the case to Congress for impeachment, it’s better than nothing. The Congressman have to provide a reason in the court of public opinion why they voted either way on the EVIDENCE! Also, let their vote be their record. And maybe they’d be held legally accountable on why they voted one way or the other.

I’m NOT intimidated by riots. The Obama supporters can understand the law (.... or let them burn up their own neighborhoods).


24 posted on 01/23/2009 2:37:22 PM PST by real_patriotic_american
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To: rxsid; FreeManN; hoosiermama; All

Here is another ACTION you can take by FreemanN:

Currently we are coordinating efforts to schedule personal meetings of groups of volunteers with Chief US attorneys for criminal matters in each and every district of the US. Mr. Ken Burr and George Lewis will be in charge of this projct. email MR Burr patriot@tx.rr.com

http://www.drorly.blogspot.com/

Most important on TO DO LIST:

It is easier to get a story on the Nightly News that some seem to think.

Go to your local TV Station with as big a crowd as you can gather, demand that our Congress investigate the “citizenship” of Barack Huessin Obama.

It is likely that if you draw a large enough crowd that your local TV Station will cover the story that you laid upon there doorstep and they will in turn feed said story to the Networks in New York and DC.


25 posted on 01/23/2009 2:37:58 PM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Red Steel

Looks to me as though no court will ever have jurisdiction, and no citizen will ever have standing.


26 posted on 01/23/2009 2:38:25 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: rxsid; Lurking Libertarian; Non-Sequitur; mlo
Another birther lawsuit dismissed. Drink up!
27 posted on 01/23/2009 2:40:16 PM PST by curiosity
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To: jamese777

Thanks- you are a winner! Let’s find a District Attorney or Attorney General to request the Judge to grant a Subpoena for the release of Obama’s original birth certificate.


28 posted on 01/23/2009 2:40:54 PM PST by real_patriotic_american
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To: little jeremiah; FreeManN

After this ruling, Dr. Orly drove to the DOJ in Texas and brought material to the attorney for help/advice. The attorney had no idea of the level of info that was there on Obama.

So anyone who says the Justices know what is going on and don’t live in towers (paraphrase from comments I’ve seen on threads), it seems they really don’t know.

If you read Freemann’s call to action and email Ken Burr, we are going to try to organize some type of educational action at the DOJ level.


29 posted on 01/23/2009 2:42:46 PM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: little jeremiah

Looks to me as though no court will ever have jurisdiction, and no citizen will ever have standing.


Yeah, the scorecard is Obama: 14/Plaintiffs: O at this point in time.

The civil lawsuits by individual citizens route hasn’t worked. Getting the Hawaii Attorney General interested in a criminal complaint alleging that Obama’s s short form Certification of Live Birth is forged or fraudulent could bring about a subpoena of the original document. The state of Hawaii Attorney General (who is a Republican) would definitely have standing in such a criminal complaint.
It would be a “fishing expedition” for sure but it could force release of the original long form vault copy document for comparison before a Grand Jury.


30 posted on 01/23/2009 2:44:40 PM PST by jamese777
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To: little jeremiah
Looks to me as though no court will ever have jurisdiction, and no citizen will ever have standing.

That is true of many issues-- the Supreme Court calls them "political questions," meaning they must be resolved by the elected branches of government, not the courts. When an issue involves every citizen of the country, the Supreme Court has tended to find that the courts have no role. For example, in Massachusetts v. Laird (1970), the Supreme Court, without opinion (but over 2 dissents), refused to hear a challenge to the constitutionality of the Vietnam War.

31 posted on 01/23/2009 2:46:49 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: real_patriotic_american

I’m NOT intimidated by riots. The Obama supporters can understand the law (.... or let them burn up their own neighborhoods).

Riots= target rich environment


32 posted on 01/23/2009 2:56:58 PM PST by Quickgun
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To: real_patriotic_american

Also, if we keep letting the law slide because we fear riots, where does it end?

Those who fear the riots need to ask themselves what will happen when the rest of us—who are of all races and nationalities and make up the backbone of this country—get tired of the corruption and favoritism inherent in these warnings to just let it slide? They will have far greater problems than riots if that happens.

I certainly am not trying to unseat Obama. Further, the same standards must apply to those on the Republicans’ short list for ‘12 who might not be natural-born citizens.

I am disappointed that Obama didn’t submit documents as McCain did. Every president needs to be accountable to the people.


33 posted on 01/23/2009 2:59:58 PM PST by OneTimeComment
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To: real_patriotic_american

Thanks- you are a winner! Let’s find a District Attorney or Attorney General to request the Judge to grant a Subpoena for the release of Obama’s original birth certificate.


The person with the most legal standing to do so is the current Republican Attorney General of the state of Hawaii. His name is Mark J. Bennett. If he finds that all is in order, he can apologize to the President for the fishing expedition but it would finally quiet all the furor.


34 posted on 01/23/2009 3:05:53 PM PST by jamese777
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To: OneTimeComment

Yes, there would be worst problems than riots if the Constitution is not followed (and I’m just not intimidated by the suggestion of riots).


35 posted on 01/23/2009 3:16:41 PM PST by real_patriotic_american
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To: Lurking Libertarian
"In this one, the jurisdictional problem was crystal-clear: this was a Texas state court. State courts have no jurisdiction to review the qualifications of federal officials."

And she wonders why the judge had already made up his mind.

How did this person get a law degree? Seriously. I've read other things she's written. Some of the briefs read like they're written by an inmate.

36 posted on 01/23/2009 3:18:12 PM PST by mlo
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To: Quickgun

I believe that there would be minimal rioting (and I’m just not intimidated by the suggestion).


37 posted on 01/23/2009 3:18:31 PM PST by real_patriotic_american
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To: jamese777

To the attention of Mark J. Bennett, Hawaii Attorney General (and Republican)- are you listening?


38 posted on 01/23/2009 3:21:52 PM PST by real_patriotic_american
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To: rxsid

If there is no jurisdiction in Federal court and State court, then the citizens have there civil rights de facto taken away from them and they are reduced to a level of slaves.
***Let’s all give a big hand of applause to the SCOTUS for accomplishing that...


39 posted on 01/23/2009 3:29:38 PM PST by Kevmo ( It's all over for this Country as a Constitutional Republic. ~Leo Donofrio, 12/14/08)
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To: Calpernia

Thanks for your comment, Calpernia. And your efforts. I hope they will be richly rewarded with success.


40 posted on 01/23/2009 3:43:07 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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