COUNSEL for DNC SERVICES CORPORATION PERFORMS 3 CARD MONTE* for FEDERAL COURT

November 23, 2009

*

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.


BOB BAUER, RUMORED-TO-BE NEXT WHITE HOUSE COUNSEL, TO FEDERAL COURT: F*** YOU!

October 27, 2009

I had intended to issue these revised Complaints of Election Fraud against various members of the Democratic Party and Requests for Investigation by State Attorneys General, anyway; but when I read in FOX News that Robert Bauer, Esquire, General Counsel to the DNC and personal attorney to Barack Obama could replace White House Counsel Greg Craig by the end of the year, I decided to post these updated complaints in an homage to him. BAUER TO BE NAMED WHITE HOUSE COUNSEL?

Judging by the historical collaboration between Mr. Bauer and the POTUS, achieving a better match between attorney and client appears unlikely.

This line in the article, which FOX attributes to Wikipedia, jumped out at me: “Bauer is highly regarded in Democratic circles as a tenacious and brilliant lawyer ….” If true, this statement exemplifies everything that is contemptible about Mr. Bauer and his Democratic clientele, including Mr. Obama: they conflate hubris with intellect.

How else to explain Mr. Bauer gets points for helping his clients – The Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives and Chair of the 2008 DNC Convention; The Honorable Harry Reid, Majority Leader of the U.S. Senate; and Tim Kaine, Governor of Virginia and Chair of the DNC (his AG is the recipient of several of these complaints) – elect a President merely saying, he is Constitutionally qualified for the job?

Or this, from the Complaints to the A’sG, describing how he asked a federal judge to take judicial notice of a mirage.

In January 2009, Mr. Obama was the named Defendant in a case filed in federal district court, ostensibly seeking to determine whether the Uniform Code of Military Justice required a military Plaintiff to obey orders from a Commander in Chief he was not certain was a NBC. (Pleadings for Hollister v. Soetoro, Civil Action No. 1:08-cv-02254-JR, can be found on line at https://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/.) Mr. Obama submitted a Motion to Dismiss predicated on Plaintiff’s failure to establish the Court’s jurisdiction; and to state a claim upon which relief can be granted. (The Defendant was represented by Attorney Robert F. Bauer of PERKINS COIE LLP, who signed the pleadings submitted to the court on his client’s behalf.) Additionally, Mr. Obama asked the court to take judicial notice of the following ‘fact’: he had publicly produced a certified copy of a birth certificate showing that he was born on August 4, 1961, in Honolulu, Hawaii. (Presumably, he used the phrase “publicly produced” referring to the fact, he posted that photocopied COLB on his FTS web site.) Yet he did not provide the court with the ‘original’ COLB so the Clerk could mark up the document as evidence and place it in the case record (where it would be subject to scrutiny by the Plaintiff or the judge’s in-camera inspection). Instead, he tried to authenticate that internet COLB just by asking the court to take “notice” that Annenberg Political Fact Check (“APFC”) “conclude[d] that the birth certificate is genuine.” https://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/ (APFC is one of many such organizations wholly funded by the Annenberg Foundation, which also paid his salary as Chair of the Chicago Annenberg Challenge from 1995-1999.) (And recall he wrote on FTS, this COLB only establishes he is a “native citizen,” anyway.)

Given the fact that 2008 DNC Convention Chair Pelosi is also the Speaker of the U.S. House of Representatives, making her 3rd in line of Presidential succession, with all of the gravitas incorporated therein, it defies credulity that Mr. Obama would seek judicial notice of the lesser fact he is a native citing APFC says he is; but not offer into evidence the DNC Official Certification of Nomination Ms. Pelosi submitted to election officials in the state of HI, swearing Barack Obama is “legally qualified to serve under the provisions of the United States Constitution,” or any one of the dozens of her signed Certifications, which persuaded election officials throughout the country to print the name of Barack Obama next to the D on the Presidential ballots in the 2008 general election.

Eschewing reliance on Ms. Pelosi’s Certification, incredibly, Mr. Obama asked the court to take judicial notice of this information: APFC “note[d] a contemporaneous birth announcement published in a Honolulu newspaper.” In fact, APFC had only posted on their web site an image of an unattributed ‘newspaper announcement,’ which phantom image they admitted they had usurped from the “td” blog, where it was posted anonymously. (Note: the “td” TexasDarlin blog site was closed by its owner in August 2009.) With no further investigation into that ‘announcement,’ APFC declared, “The evidence is clear: Barack Obama was born in the U.S.A.” http://www.factcheck.org/elections-2008/born_in_the_usa.html) Like APFC, Defendant Obama omitted the name of this publication. And he failed to enter into the court record any physical evidence of a newspaper announcement, making his claims there was such an announcement, as with his claims the internet COLB was real, impossible to verify, too.

It’s true. Mr. Bauer actually asked a federal judge to take judicial notice that APFC ‘noted’ an imaginary newspaper birth announcement; and that Barack Obama “publicly produced” a “birth certificate” that can only be observed through a computer screen. And he had the audacity to hope the court would grant his wish. Thank goodness, the only relief The Honorable Judge James Robertson granted was the Motion to Dismiss. Because know what Mr. Bauer would have done if Judge Robertson had been as “impressed” with his tenacity as Obama, Pelosi, Reid, Kaine, et al.? He would have twisted judicial notice that APFC made a ‘note’ on their web site and that Mr. Obama posted something on the internet; into a ruling by the federal court that his client is a NBC.

In my opinion, more than 1 (one) ‘birther’ attorney has earned sanctions from the federal court.

(editing assistance provided by d2i)
***************************************************************************************************
GENERAL INSTRUCTIONS FOR DISTRIBUTING COMPLAINTS

1. Download complaint from Scribd by clicking on link below complaint.
2. Fill in your real name and address. Your residency in that state entitles you to the services of your AG.
3. AG complaint gets faxed; copies to parties noted on complaint may be sent by any means preferred.
4. Please distribute copies of filed complaints to the press.

SPECIAL INSTRUCTIONS FOR SOUTH CAROLINIANS

Even if you have previously filed a complaint, please, re-file. Evidently the fax number to the AG’s office was incorrect; and this means, the copies you distributed are copies of documents not on file. So, please, re-file, and re-distribute copies. (The bad news, you need to duplicate your work. The good news? This revised complaint is dynamite.)

GEORGIA

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MARYLAND

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SOUTH CAROLINA

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TEXAS

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VIRGINIA

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THEORIZING HOW TO PROVE BO IS NOT A NBC

August 1, 2009

(NOTE TO VIEWERS OF THIS BLOG:  PLEASE READ THE COMMENTS SUBMITTED BY READERS, HIDDEN BELOW THE ARTICLE, ALONG WITH MY RESPONSES TO THEIR REMARKS.  ESPECIALLY DIGEST THE EXCHANGES BETWEEN ME AND azgo.)

In response to a comment on a blog, I contacted one of the attorneys involved in a court case seeking to determine whether BO is a NBC.  I received a reply asking for help.  Here is my response.

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I am glad you took me up on my offer to help.

I haven’t formalized my ideas, so I will just throw these out for now.

Okay, let’s talk Plaintiffs, first.  (FYI, I am the person who conceived using National Guard soon-to-be-deployed, as Plaintiffs to gain standing in federal court in a Declaratory Judgment case under the Federal Declaratory Judgment Act – these Plaintiffs are not subject to the Uniform Code of Military Justice until they are federalized – because they could be subject to becoming Defendants in a subsequent prosecution related to whether BO is a NBC…  I am the same person who began posting last summer that a “Certification” is not a “Certificate”; unfortunately, this was right after Berg had already filed his first Complaint, calling the document posted on BO’s “Fight the Smears” site, a “Certificate.”)

Pledged Delegates for HRC who switched to BO; or who were pledged to BO in the first place, and voted for him at the DNC Convention, but would not have voted for him had they known, he is not a NBC, would have standing as Plaintiffs in a civil action for (fraud, unjust enrichment…).  ESPECIALLY DESIRABLE ARE PLEDGED DELEGATES FROM THOSE STATES THAT HAVE ENACTED LAWS REQUIRING DELEGATES PLEDGED AS THE RESULT OF PRIMARY VOTING MUST FOLLOW THEIR CANDIDATES ONTO THE FLOOR OF THE CONVENTION.  (There are around 13 of these ‘binding vote’ states; I have the list.)  And some of these vote binding states also have laws about ballot access, that require the candidate for POTUS from the major political party must be eligible for the job.  (None of these states requires any government official to check.)  Off the top of my head, I know GA is both a vote binding state AND a state requiring the party candidate to be eligible for the job.

As for strategy… Months ago, when drafting the Declaratory Judgment case I mentioned above, I reasoned, it made no sense to try to support a claim, BO is not a NBC.   Instead, I argued, Plaintiffs had reasonable cause to believe, he might not be a NBC, based in large part on his own words and actions.  But since that time, things have changed, especially with regard to these 4 (four) events.  1) Several people have contacted Nancy Pelosi qua Chair of the 2008 DNC Convention to ask on what basis she Certified BO is a NBC.  She refused to respond.  2) HI officials have spoken in circles in a botched attempt to ‘confirm’ BO is a NBC.  3) BO, personally (before being sworn in) and through his spokespeople, continue to dodge the issue by lying that the Certification is a Certificate and proves he is a NBC.  4) In Berg’s Hollister case, BO Motion to Dismiss contained a footnote asking the court to take judicial notice that Annenberg Political Fact Check said he’s for real; and that an announcement of his birth had been published in a HI newspaper.  (Of course, if the judge had taken judicial notice, we lawyers would have known, this meant nothing; but everyone else would have interpreted this to mean, the court has ruled, he is a NBC.  Thank goodness, the court did no such thing.  However, this confirmed my suspicions, as spelled out in the earlier draft of the military Complaint, that the strongest ‘evidence’ BO could proffer to establish he is a NBC, is that stupid photocopied on-line Certification; which means nothing!) Taken together, this could form a good faith belief in a reasonable person that no evidence exists that would establish, BO is a NBC.  SHIFT THE BURDEN OF PROOF AND PRODUCTION TO HIM!  And as for objections to this strategy, argue “unclean hands” (you blocked access to all documentation and now cannot argue, we cannot submit proof); or unjust enrichment (you distributed the COLB to Daily Kos and Annenberg Political Fact Check in order to refute “rumors” about your citizenship status – you said so, on your “Fight the Smears” site – and now, having banked on that COLB, it isn’t fair to raise privilege and confidentiality to block our access to those records that could verify whether your claims are true).

Finally, to overcome claims of sovereign immunity, I would drop all claims against conduct that occurred viz a viz the Congressional ratification of the EC vote; rather, go after NP as Chair of the 2008 DNC Convention.  Go after any other actors not as failed Congresspeople but as co-conspirators to the fraud.

I know this is a lot to digest; let me know what you think.  (I am not going to proof this because I want to get it out ASAP.)

jbjd


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