Posted on 08/23/2009 5:56:01 PM PDT by RobinMasters
If you could help me out here by pointing out where in the transcript this exchange took place?
Click here for transcript of Hollister v Soetoro hearings.
Thank you.
ex animo
davidfarrar
Never mind...I found it. Thank you.
It was in Motion #9, under (1) footnote.
ex animo
davidfarrar
It would fall on the shoulders of the ultimate deciding power in this nation...the citizenry.
“Okay, If you could help me out here by pointing out where in the transcript this exchange took place?”
That must be it, you are “speed reading”. The location of the representation to the Hollister court was set out in my post above, and it appears you missed it.
To avoid confusion on the matter see: http://www.scribd.com/doc/11514165/Hollister-v-Soetoro-Motion-to-Dismiss-Plaintiffs-Complaint
She’s out flaking them on the other side with the StealthCare fiasco.
What force of the “citizenry” would be able to enforce a court review?
Protest marches in Washington didn’t change policy in 1969-1970. The WWI Veteran’s march in 1932, ended in a complete rout.
Other marches only expedited policies under consideration (1963 civil rights march, was supported by Democrat administrations then in power).
So neither of these approaches are likely to obtain change.
A “Ghandi” approach might be more effective.
A “general strike” for up to a week would cut tax revenue and would target the bond auctions (the government’s greatest weakness at present).
I was thinking more like 1776.
The footnote states:
"President Obama has publicly produced a certified copy of "a" birth certificate showing that he was born on August 4, 1961, in Honolulu, Hawaii. See, e.g., FactCheck.org. "Born in the U.S.A. "The truth about Obama's birth certificate," available at FactCheck.org (concluding that the birth certificate is genuine, and noting a contemporaneous birth announcement published in a Honolulu newspaper).
Hawaii officials have publicly verified that they have President Obama's "original birth certificate on record in accordance with state policies and procedures." See "Certified," Honolulu Star Bulletin, Oct. 31, 2008. This Court can take judicial notice of these public news reports. See The Washington Post v. Robinson, 835 F.2d 282,291 (D.C. Cir. 1991): Agee v. Muskie, 629 F.2d 80, 81 n.l, 90 (D.C. Cir. 1980)."
It would seem this footnote by Bauer, suggesting President Obama has produced a certificate copy of "a" birth certificate, showing that he was born on August 4, 1961 in Honolulu, Hawaii, would legally bind Obama to the COLB posted at least on FactCheck. However, I didn't see where the Court took judicial notice of that assertion.
In addition, I would feel more comfortable about this point if Bauer had stated: President Obama has produced a certificate copy of "his" birth certificate, showing that he was born on August 4, 1961 in Honolulu, Hawaii.
ex animo
davidfarrar
It appears you are struggling with the facts.
Use of the phrase “the only mention”, as though that somehow establishes an inadequacy, suggests you would prefer to diminish, or avoid altogether, the impact of the clear representation set out in the footnote
“…(the) footnote…suggesting President Obama has produced..”
It is not possible to seriously argue the representation set out in the footnote is a mere “suggestion” - or at least such an argument would not be taken seriously.
“However, I didn’t see where the Court took judicial notice of that assertion.”
Now you are confusing two separate points. In either event, judicial notice does not apply to the representation appearing in the footnote.
1) A court might be willing to take judicial notice of the fact that a public news report appeared in a publication on the date reported, but that is far different than a court taking judicial notice of the truth of the matters asserted in such report.
2) Whether Obama is legally bound by the representation in the footnote certainly does not turn on the fact this court did not take judicial notice of a particular matter.
“I would feel more comfortable…if…(the representation) had stated: …’his’ birth certificate”.
You can take comfort in the fact that any birth certificate produced or described to the court by Obama for the purpose of establishing “his” birth will be received as “his” birth certificate.
So you think Bauer’s representation in this motion that “President Obama” has publicly produced a certified copy of a birth certificate showing that he was born on August 4, 1961, in Honolulu, Hawaii, legally ties Obama to the COLB presented on FactCheck.com as authentic?
ex animo
davidfarrar
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.