Posted on 05/24/2011 3:21:39 PM PDT by Seizethecarp
Anyone have legal comments on this latest Orly effort? TO: Loretta Fuddy, Director of Health, HI Health Department YOU ARE COMMANDED to appear (for deposition) at 1250 Punchbowl str, room 325, Honolulu HI 96813 (on) 6/27/2011 10:00 am YOU ARE COMMANDED to produce and permit inspection and copying of…Original 1961 typewritten birth certificate # 10641 for Barack Hussein Obama II, issued 08.08.1961, signed by Dr. David A. Sinclair, Stanley Ann Dunham Obama and registrar Lee, stored in the Health Department of the state of HI from 08.08.1961 until now
-Orly cannot issue a subpoena. The court can, and a member of the bar in that state appearing before the court could. But Orly herself cannot.
-In civil matters, subpoenas must be issued by a court in the state of the person receiving the subpoena. That is, this court or officer of this court would need to have a Hawaiian court issue the subpoena to a Hawaiian citizen.
I reserve the right to be incorrect on any or all of those points.
That said, I agree with Siezethecarp. Ms. Fuddy will probably move to have it quashed rather than just ignoring it.
Someplace I have the little booklets with my scores, but I cannot find them easily. Here is the first page from the March 1994 Math section, from one of the prep books my kids used:
I know it doesn't use the word analytical here but maybe this will convice you that I might know what I'm talking about.
ML/NJ
Orly is pro se, as I was in TX in a civil matter. It was very confusing to me, but when I wanted to serve my son's psychologist, a non-party, with a subpoena decus tecum, the court did not issue the subpoena, I did in conformance with court and TX rules (modeled on FRE, IIRC).
Unlike normal service of motions, I had to hire an official process server who was an officer of the court to serve the subpoena properly and to notify the parties that the subpoena had been served. It really made my head spin.
I think Orly may be in an analogous situation here where she is pro se and serving a non-party commanding that the party produce a document in the custody of the party and to be deposed on the provenance of the document.
I just thought it strange that you called a section of the test “Analytical Reasoning” instead of simply calling it “Math”. But words go in and out of fashion - and maybe that is what they called it ‘back in the day’ or at least in your region.
Clearly in the current usage of the word in Standardized Testing (the GRE) - the “Analytical Reasoning” section is apart from Math - and while some math may be needed to solve some of the problems - they are almost exclusively IQ test type questions.
Well, it shall be interesting to see where this goes.
This is true of the SAT too. That's why labeling it "Math" is sort of silly. My recollection is that there was nothing on it beyond elementary algebra. There was some geometry but it was the sort of thing like needing to know that the sum of the angles in a triangle is 180 degrees. When I was a kid, at least, we learned that sort of stuff in elementary school. My daughter took the test for "practice" when she was in seventh grade (1992). I don't remember her score now, but I'm pretty sure it was in the 700 range. (She didn't get to algebra until eighth grade.)
ML/NJ
I believe currently the Math section of the SAT goes up to trigonometry.
They were not IQ type problems that required insightful thinking - if you knew and could accurately perform algebra, basic geometry and a little trigonometry - you would get the correct answer.
Is it possible that the lawyer that flew to Hawaii about Obama’s birth certificate went to deliver, under power of attorney, a claim of birth by Obama himself, with all the pertinent information as Obama’s team filed it out? That then is the “record” to which Onaka’s stamp refers?
I know that doesn’t explain the certificate number, but might the certificate number be considered a mere decoration like a horizontal or vertical line? After all the doc released by the White House is only an “abstract” — a digest. There is no claim of fidelity as was had on the Nordykes’ “TRUE AND CORRECT COPY OF ORIGINAL” stamp.
Just a claim that some — and not all — that is shown on that document is an “ABSTRACT OF A RECORD ON FILE”. Indeed, the lawyer could have said: “Hey, throw this into your files so you can use this official sounding wording in the certification stamp!”
Flatland.
That sum of all the angles of a triangle equals 180 is the definition of Flatland.
Not true in a curved land, that is, a space that is curved.
I remember getting carried away with this when I first learned about it. But I was smart enough to use the 180 degree thing on the test.
ML/NJ
I doubt it. I believe there IS an original record filed in August of 1961. At this point I do not believe it says what the latest PDF file released by Obama says. It is different somehow. Perhaps something is missing, such as the evidence for late filing. Regardless, Hawaiian bureaucrats ought not be allowed to decide *IF* someone is eligible to be President. That should be decided by those who guard the doors to ballot access, and they should demand unequivocal proof.
What has been presented so far is definitely equivocal.
Orly has taken care to ask for the place of inspection to be at the DOH in Hawaii. IMHO that is to satisfy:
FRCP, (b, (2),
“(B) outside that district but within 100 miles of the place specified for the deposition, hearing, trial, production, or inspection;”
I am not a lawyer, and to be honest I first thought a Judges signature would be required.
How can a subpoena have standing?
I doubt it. I predict it will be laughed out of court just like everything else Orly does.
“She is either a complete idiot or totally addicted to attention seeking.”
That’s hardly fair.
It could very well be both.
Touche.
I got a good laugh out of that. Have a very pleasant day.
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