Posted on 01/23/2009 12:07:59 PM PST by rxsid
Brockhausen v. Andrade: Judge: “This Court has no Jurisdiction”; Update: US Attorneys Getting Involved
[snip}
Quote: " I wanted to thank everybody for concern and well wishes. I just got ome from TX after some 48 hours with only 3 hours of sleep.
TX judge Burt Carnes has allowed me to represent Jody Brockhausen against Secretary of State of TX, he has signed my application to represent her Pro Hac Vice (out of state attorney), but his decision was that he has no jurisdiction to hear the case in the state court.
It looked like his mind was made even before the hearing. He asked Assistant Attorney General how much time does she need, she stated 15-20 minutes, his response was that he needs only 3 minutes. He didn’t even ask the plaintiff if she needs any time. When I protested, he originally was not willing to let me talk. When I asked him to allow me to represent her pro hac vice, pro bono after I made an effort of flying and driving from CA all night long, he stated that he didn’t sign pro hca vice application, at which time I told him that there is nothing preventing him from signing it now. He finally agreed. I’ve stated that the examples given by the AJ relate to Fed Court and issues before the elections.
To the best of my knowledge there is nothing in TX law or precedents preventing a citizen from having standing and presenting a grievance and seeking resolution of violation of her civil rights in seeking verification of eligibility and legitimacy of the siting president. Judge Carnes provided no response and simply stated that there is no jurisdiction and pretty much told us to go, which we certainly did by going straight to the US attorney’s office with a criminal complaint whereby my client’s civil rights under 1st, 14 9 and 10th amendment were violated. If there is no jurisdiction in Federal court and State court, then the citizens have there civil rights de facto taken away from them and they are reduced to a level of slaves. A group of patriots and I had a meeting with Assistant US attorney Chris Peele and Chief US Attorney for the North-Western district of TX for Criminal matters, Chris Peele . Mr. Durbin agreed to hear the matter and asked for our paperwork. We were shocked to find out how little they knew about the matter. Mr. Peele told us that he was under the impression that the case was heard on the merits. They had no clue that no Obama ineligibility case was ever heard on the merits, not one judicial subpoena was ever issued and nobody has ever seen his original birth certificate.
Currently we are coordinating efforts to schedule personal meetings of groups of volunteers with Chief US attorneys for criminal matters in each and every district of the US. Mr. Ken Burr and George Lewis will be in charge of this projct." End Quote
[snip]
Source = http://www.therightsideoflife.com/?p=3070
Judges and those those defending this POS Precedent are clearly running interference as he and his handlers are puking executive orders faster than we can review em ......
They will be held accountable.
Good luck in your efforts and Stay safe !
Not with 65 million drones out there in his corner. Add 12 million illegals, and kiss your "accountability" goodbye.
There has to be a judge SOMEWHERE who will stand up for what is right.
The US Attorney will be replaced. They’ll all be replaced. Goebbels would be proud.
... just one judge who will subpoena Obama’s original birth certificate (and then enforce it).
This is yet another example of people spending huge amounts of time and money on law school only to end up stupider in some ways at the end of it all. I cannot understand how the American people could have no standing in this matter. After all, we are, in fact, the employers of the government through taxation and the ballot box.
“The law is a ass.”
We have standing because we’ll keep talking!!
Any law signed by Obama that has a criminal penalty will allow a person arrested under it to challenge the legality of the law under the suspicion that it was not passed within the confines of the Constitution. All they have to do is ask for a writ of mandamus to the State of Hawaii requiring them to release Obama’s ORIGINAL birth certificate. It is highly unusual for judge to deny a writ of mandamus if it would exonerate a person. If the judge refuses to issue it and the person is found guilt, it is grounds for an appeal.
I do hope that someone hears one or more of these suits. If Obama were found ineligible but the only way to remove him was via impeachment and that didn’t happen, we’d at least have a definition of “natural born citizen” from the Supremes. That definition is essential.
People warn of riots if Obama were to be declared unqualified. What if the Obama voters elect the child of illegal aliens in a hard-fought election in ‘16 or ‘20, etc.? The upheaval from such a circumstance would be a lot worse than a few riots. How could such a president govern if we don’t all agree on whether he/she even qualifies?
Avoiding a difficult issue like this never works. It just sets us up for even more difficult times in the future, and this issue of who is natural born is surely not going away. It will, in fact, become increasingly relevant.
Either the citizen “has no standing” or the court “has no jurisdiction.” Somehow someone needs to come up with the perfect combination of words that can get some action.
Excellent points that I've subscribed to as well.
Too bad that SCOTUS doesn’t seem to agree.
“A stitch in time saves nine!”
If this DA solely listens to or believes the media it's no wonder he does not have a clue.
Courts have no backbone.
He could try open a crack in Obama's defense before he gets the boot.
Then state the reasons why you have no jurisdiction enlighten us?
In this one, the jurisdictional problem was crystal-clear: this was a Texas state court. State courts have no jurisdiction to review the qualifications of federal officials.
They are going to CRUSH us, I am afraid.
We will be BURIED alive by the inertia of their ennui!
Interesting! Thanks- you are a winner.
... just one judge who will subpoena Obama’s original birth certificate (and then enforce it).
Under Hawaii Revised Statutes 338-18(a)(part 9): “The department(of Health)shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in that record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record (numbers 1-8 relate directly to the applicant and their family members):
(9)A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;”
Therefore if a District Attorney or Attorney General requested a subpoena and if a judge granted the request, the Hawaii State Department of Health would most likely release the original document or a copy of that document.
Blood, I think this may have to be the approach to get at the birth certificate. If Obama does his homework, the appeals court judges will be coerced into denying the appeal. Then the Supremes will be next in line. They can decline to hear it. The conviction will stand and the matter will be judicially closed. At that point, it will be time to alter or abolish the government, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to seem most likely to effect our safety and happiness.
... let me add that if all we have is a Special Prosecutor taking the case to Congress for impeachment, it’s better than nothing. The Congressman have to provide a reason in the court of public opinion why they voted either way on the EVIDENCE! Also, let their vote be their record. And maybe they’d be held legally accountable on why they voted one way or the other.
I’m NOT intimidated by riots. The Obama supporters can understand the law (.... or let them burn up their own neighborhoods).
Here is another ACTION you can take by FreemanN:
Currently we are coordinating efforts to schedule personal meetings of groups of volunteers with Chief US attorneys for criminal matters in each and every district of the US. Mr. Ken Burr and George Lewis will be in charge of this projct. email MR Burr patriot@tx.rr.com
http://www.drorly.blogspot.com/
Most important on TO DO LIST:
It is easier to get a story on the Nightly News that some seem to think.
Go to your local TV Station with as big a crowd as you can gather, demand that our Congress investigate the “citizenship” of Barack Huessin Obama.
It is likely that if you draw a large enough crowd that your local TV Station will cover the story that you laid upon there doorstep and they will in turn feed said story to the Networks in New York and DC.
Looks to me as though no court will ever have jurisdiction, and no citizen will ever have standing.
Thanks- you are a winner! Let’s find a District Attorney or Attorney General to request the Judge to grant a Subpoena for the release of Obama’s original birth certificate.
After this ruling, Dr. Orly drove to the DOJ in Texas and brought material to the attorney for help/advice. The attorney had no idea of the level of info that was there on Obama.
So anyone who says the Justices know what is going on and don’t live in towers (paraphrase from comments I’ve seen on threads), it seems they really don’t know.
If you read Freemann’s call to action and email Ken Burr, we are going to try to organize some type of educational action at the DOJ level.
Looks to me as though no court will ever have jurisdiction, and no citizen will ever have standing.
The civil lawsuits by individual citizens route hasn’t worked. Getting the Hawaii Attorney General interested in a criminal complaint alleging that Obama’s s short form Certification of Live Birth is forged or fraudulent could bring about a subpoena of the original document. The state of Hawaii Attorney General (who is a Republican) would definitely have standing in such a criminal complaint.
It would be a “fishing expedition” for sure but it could force release of the original long form vault copy document for comparison before a Grand Jury.
That is true of many issues-- the Supreme Court calls them "political questions," meaning they must be resolved by the elected branches of government, not the courts. When an issue involves every citizen of the country, the Supreme Court has tended to find that the courts have no role. For example, in Massachusetts v. Laird (1970), the Supreme Court, without opinion (but over 2 dissents), refused to hear a challenge to the constitutionality of the Vietnam War.
I’m NOT intimidated by riots. The Obama supporters can understand the law (.... or let them burn up their own neighborhoods).
Riots= target rich environment
Also, if we keep letting the law slide because we fear riots, where does it end?
Those who fear the riots need to ask themselves what will happen when the rest of us—who are of all races and nationalities and make up the backbone of this country—get tired of the corruption and favoritism inherent in these warnings to just let it slide? They will have far greater problems than riots if that happens.
I certainly am not trying to unseat Obama. Further, the same standards must apply to those on the Republicans’ short list for ‘12 who might not be natural-born citizens.
I am disappointed that Obama didn’t submit documents as McCain did. Every president needs to be accountable to the people.
Thanks- you are a winner! Let’s find a District Attorney or Attorney General to request the Judge to grant a Subpoena for the release of Obama’s original birth certificate.
Yes, there would be worst problems than riots if the Constitution is not followed (and I’m just not intimidated by the suggestion of riots).
And she wonders why the judge had already made up his mind.
How did this person get a law degree? Seriously. I've read other things she's written. Some of the briefs read like they're written by an inmate.
I believe that there would be minimal rioting (and I’m just not intimidated by the suggestion).
To the attention of Mark J. Bennett, Hawaii Attorney General (and Republican)- are you listening?
If there is no jurisdiction in Federal court and State court, then the citizens have there civil rights de facto taken away from them and they are reduced to a level of slaves.
***Let’s all give a big hand of applause to the SCOTUS for accomplishing that...
Thanks for your comment, Calpernia. And your efforts. I hope they will be richly rewarded with success.
Not if they still have recourse to the ballot box.
As I pointed out above, there have been many constitutional issues which the Supreme Court has refused to address (such as the constitutionality of the Vietnam War), saying that they could only be addressed by the elected branches of government.
If there is no jurisdiction in Federal court and State court, then the citizens have there civil rights de facto taken away from them and they are reduced to a level of slaves.
***Let’s all give a big hand of applause to the SCOTUS for accomplishing that...
It is not that there is no jurisdiction.
***Take it up with the court that just said so.
Not if they still have recourse to the ballot box.
***It appears that part of the plan is to expand the term “citizen”, which will likely include 20 million people like Obama — “citizens of the world” — illegal aliens, the great majority of whom will vote democrat. Same thing happened in South Africa, and they lost their sovereignty.
Excellent, and very real, point.
Dr. Polarik (sp?) has posted what looks like a forged or fraudulet Obama COLB here at FR. Hopefully, we can get that presented as court evidence.
Any word out regarding today’s “Conference” with SCOTUS (Orly Taitz- Lightfoot vs. Bowen)??
I couldn’t find the link that provides the info on cases assigned for oral argument??
0bama and his team have big plans, which include the illegals as you mention, and of course more federal money for ACORN fraud. Elections are all very well, we know how this one turned out. Add to that the MSM being the propaganda arm of the Dem party, Black Panthers at polling places, and voter fraud that cannot even be imagined; and this is what already happened.
Good points all Jeremiah, which is why I don’t believe this election was fair or legal in any way shape or form.
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