Bob Bauer, currently White House Counsel, was formerly the Counsel to DNC Services Corporation and Obama for America, Barack Obama’s Presidential campaign. (BOB BAUER BIOGRAPHY) In January 2009, he defended Mr. Obama in Hollister v. Soetoro, a lawsuit aimed at exposing his client was Constitutionally unqualified for POTUS. HOLLISTER v. SOETORO (Mr. Hollister was represented by Attorney Phil Berg.) Mr. Bauer submitted his usual Motion to Dismiss – this was not the first lawsuit aimed at reaching his client’s eligibility – but this time, seeking to take advantage of the opportunity provided by this lawsuit to end the barrage of eligibility based challenges both inside and outside of the courtroom, he added something new: a footnote asking the judge to take judicial notice of certain facts, which notice he would recycle to construct the fiction, his client was Constitutionally qualified to be POTUS.
“Judicial notice” is a term found in the Federal Rules of Evidence. It applies to getting facts into the court record and, once those facts have been added to the record, assigns what weight this evidence will receive. (For a full explanation of judicial notice, see the Federal Rules of Evidence at http://www.law.cornell.edu/rules/fre/rules.htm.)
Simply put, a judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
Mr. Bauer wanted the federal court to take judicial notice of these facts.
1. His client, Barack Obama “publicly produced a certified copy of a birth certificate showing that he was born on August 4, 1961, in Honolulu Hawaii.”
This fact is true. But it fails to establish, his client is Constitutionally qualified to be POTUS.
The only such self-authenticating ‘document’ his client “publicly produced” was that heavily redacted Certification of Live Birth – recall, Mr. Obama re-named this, his “Official Birth Certificate” – posted on “Fight the Smears,” the web site clearly advertising in the footer, this was “PAID FOR BY BARACK OBAMA.” But even if the document was authentic AND the information contained therein was true, at best this could only establish his client is a “native” citizen, but not Natural Born. Mr. Obama admitted right on that site, this COLB only established he is a “native citizen” and not Natural Born. (See, MODEL COMPLAINTS OF ELECTION FRAUD TO STATE ATTORNEYS GENERAL IN APPLICABLE STATES, on this page.)
Question: Since Bob Bauer was motivated to stave off attacks against his client by trying to construct Mr. Obama’s Constitutional qualifications for POTUS, why did he try to get the court to take judicial notice that his client publicly produced a certified document showing he was born in HI, when even assuming the fact he produced such a document also meant, he was actually born in HI; that fact could only establish he was a “native” citizen but not Natural Born as required by the Constitution?
Answer: Because if the court had taken judicial notice of these facts which implied his client was born in HI; Mr. Bauer could have perverted such notice into the meme, the federal court has now ruled, his client was born in HI; and, further, Mr. Bauer would have claimed, being born in HI makes him a NBC, propaganda which he and his clients, DNC Services Corporation, would have plastered throughout the print and electronic media. This campaign of propaganda emanating from the man who wrote the book – literally – on federal election law likely would have neutralized the mounting challenges to his client’s Constitutional qualification for POTUS.
Anyway, while referring to this ‘public production’ of a document showing his client was born in HI, Mr. Bauer did not submit the ‘original’ COLB to the court.
Question: Given that Mr. Bauer asked the court to take judicial notice his client produced that COLB, for what reason did he fail to produce for the court, the actual document?
Answer: Because he knew that COLB posted on his client’s blog is bogus.
2. Mr. Bauer wrote, “See, e.g., Factcheck.org, “Born in the U.S.A.: The truth about Obama’s birth certificate,” available at http://www.factcheck.org/elections 2008/born_in_the_usa.html (concluding that the birth certificate is genuine, and noting a contemporaneous birth announcement published in a Honolulu newspaper).”
These facts are true, too. But they also fail to establish, his client is Constitutionally qualified to be POTUS.
Mr. Bauer omits the name “Annenberg” from the proper title of the organization; and fails to reveal to the court, this group is sponsored by his client’s former employer, Chicago Annenberg Challenge, information the court is unlikely to know, absent his revelation; and which financial relationship a reasonable person would expect him to reveal as material to the court’s consideration. He also fails to name the “Honolulu newspaper” he claims printed that “contemporaneous birth announcement.” (The court could not know, APFC failed to name this publication which they “not[ed],” too, unless Mr. Bauer revealed this material information.) Recall, this ‘announcement’ is actually an unattributed image posted anonymously on the td blog, which APFC admits it copied from that site to post on theirs. RUMORS, LIES, AND UNSUBSTANTIATED ‘FACTS’
Not surprisingly, while seeking judicial notice APFC noted this contemporaneous newspaper birth announcement showing his client was born in HI, Mr. Bauer did not submit an ‘original’ of that document to the court, either.
Plus, notwithstanding Mr. Bauer has now asked the court to take judicial notice [Annenberg Political] Fact Check said the document Mr. Obama publicly produced is “genuine,” again, he failed to produce that “genuine” document for the court.
Question: Why did Mr. Bauer ask the court to take judicial notice APFC said, the COLB his client publicly produced was “genuine”; but fail to introduce into evidence, the actual COLB?
Answer: Because he knew that COLB posted on his client’s blog is bogus.
3. Mr. Bauer asked the court to take judicial notice, “Hawaii officials have publicly verified that they have President Obama’s “original birth certificate on record in accordance with state policies and procedures.” ”
This fact is true. Again, it fails to establish, his client is Constitutionally qualified to be POTUS.
Hawaiian officials allegedly made this statement in late October 2008. Notice, the statement attributed to these officials does not include the words, ‘This “original birth certificate” we have on file indicates, Mr. Obama was born in HI.’ Indeed, Mr. Bauer does not allege these officials said, ‘He was born in HI.’ http://blogs.starbulletin.com/inpolitics/certified/
Lucky for us, the federal court took no such notice. Getting lay people to understand the fact that nothing in the public record establishes BO is a NBC, has been challenging enough, without having to explain the difference between these judicially noted “facts” and the lies Mr. Bauer and the members of the Corporation he represents would insist these facts actually mean.
Luckier for Mr. Bauer, neither Judge James Robertson nor Mr. Berg inquired as to where is this “genuine” document of HI birth he claims his client “publicly produced”; or the “contemporaneous birth announcement published in a Honolulu newspaper”; or the “original birth certificate” HI officials claim to have on file. (How do you suppose Mr. Bauer would have responded to such request from the bench or opposing counsel, for production of that “original birth certificate” those HI officials said is “on record”?) Because Mr. Bauer is a member of the D.C. Bar and according to the D.C. Rules of Professional Conduct, these examples of lack of “Candor to Tribunal”; or lack of “Truthfulness in Statement to Others”; or failure to display “Fairness to Opposing Party and Counsel” could cost Mr. Bauer his license to practice law. See, DC RULES OF PROFESSIONAL CONDUCT.
Which leads us to Nancy Pelosi, Speaker of the U.S. House of Representatives, 3rd in line of Presidential succession who, acting in a non-governmental role as Chair of the 2008 DNC Convention, swore in August 2008 Mr. Bauer’s client was Constitutionally qualified for POTUS in the official DNC Services Corporation Certifications of Nomination that were submitted to election officials in dozens of states to get his name printed on the general election ballot.
Question: Instead of asking for judicial notice of representations made by APFC, notice which at best could only establish his client was a “native” of HI but not “Natural Born”; why didn’t Mr. Bauer ask the court to take judicial notice of Nancy Pelosi’s Certifications, let alone submit even 1 (one) of those Certifications into the court record?
Answer: Because he knew Nancy Pelosi’s sworn Certifications of Nomination submitted to state election officials are bogus, too.
Question: But given that Bob Bauer was willing to risk his license to practice law by tricking the court into taking judicial notice of misleading facts that, at best, could only establish Barack Obama was a “native” born citizen, anyway, and which notice he would have to message in order to dupe Americans into believing this meant, his client was also Constitutionally qualified for POTUS; why was he unwilling to risk his license on Nancy Pelosi’s Certifications, which explicitly stated, his client was Constitutionally qualified for the job of POTUS, judicial notice of which fact the court likely would have granted, and which notice more likely could have persuaded the public of the fact, his client was Natural Born?
Answer: Because at that time, Nancy Pelosi was his client, too, and under the D.C. Rules of Professional Conduct, he could not exonerate one client facing a civil lawsuit by incriminating another in criminal election fraud.
For your information, here are CONTACTS AT THE DISTRICT OF COLUMBIA BAR.