Posted on 09/10/2009 9:42:35 PM PDT by moonpie57
I just talked to Orly:
She has 2 good news items that she is very busy with right now:
1. Judge Carter is ‘giving her expedited discovery - immediately’.
2. Judge Land will allow her to present before the court in GA. She is leaving now to fly to GA to appear before Judge Land at the Federal Building in Columbus, GA at 2:00 pm tomorrow (Friday, 9/11/09).
She would like as many military supporters to be there as possible. I called Carl Swensson (RiseUpForAmerica.com), and he will see what he can do. If you have any contacts there, please advise them.
(Excerpt) Read more at resistnet.com ...
Your welcome. I don’t have the Rules of Evidence in front of me, but I doubt there would be any serious challenge to the admissibility of the COLB. There is another rule giving a presumption of admissibility to certified government records.
What I think your suggestion pointed out, very astutely, is that the 0 team would want to submit it directly, without waiting for discovery, and say that it resolves the case.
Falling Down laughing My Ass Off...(FDLMAO)
Berg is a Democrat and was an Assistant DA. For the state of Pa I believe.
oooops. That’s “You’re welcome”.
Excellent, thank you WF, just what I was looking for.
Read the complaint, the COLB is not the best evidence, and is part of the controversy/case. As stated, discovery to counter a motion to dismiss would be allowed. Defendants will not put the COLB in a MTD IMO, as it will open Pandoras box they are trying to keep closed.
FAIL
Thanks.
For some reason, I thought he was not licensed. (I googled him and it seems that he is very lucky to still have a license - for what it’s worth).
Keep hitting those talking points.
You did indeed...thanks WF
Yep. Been one for years, both as a government attorney and in private practice.
What grades did you get in CivPro and Evidence?
Isn’t there a non-attorney filing birther suits as well? I knew there was a 9/11 Truther involved; I just didn’t realize it was Berg.
I feel like I need a program.
You know what? Forget it. I only care about Orly at this point. If she doesn’t get a reality show at the end of this, I am going to be deeply depressed.
Don’t forget the DNC Chairman Howard Dean and Harry Reid
Free troll or paid?
Now, if the court signs subpoena for an authenticated exhibit directly from Hawaiian achives, well that might be a CoLB, but I think the court would likely send subpoena fro the long form only, due to the essence of the issue and the exhibit Orly has filed ... you know, that thing Lucas Smith claims to have secreted out of Kenya.
For the record, I got a B+ in evidence and a B- in Civ Pro.
God, did I hate CivPro.
How many trials have you been lead counsel on? Have you ever litigated a case to completion? How many courtrooms have you been in besides as field trips or as a defendant? I can't wait to see your "ideas" on NBC and Immigration Law. What else are you going to school us buckheads at FR on? What's the frequency Kenneth?
Oh very good point Byrd is next in line anyway. It was late I messed up.
thanks guys.
Discovery would not be allowed on a MTD if the MTD is based on such jurisdictional/procedural issues as standing. The argument is, there is no basis to conduct discovery because the suit is invalid to begin with.
I’m not sure about the pandora’s box argument. It seems the other way ‘round. They argue that there’s no need to do anything further because the issue is resolved.
Do you mean the COLB is not ‘best evidence’ because it represents the content of another document? I’m not familiar with how that issue falls. I just remember that the best evidence rule applies to photocopies as opposed to originals.
Did you really have to get snarky with “FAIL”? We’re just having a candid, polite discussion.
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