Category Archives: US District Court

Barnett Keyes et al v Obama, Obama attorneys response, 9th Circuit Court of Appeals, Citizen Wells open thread, October 15, 2010

Barnett Keyes et al v Obama, Obama attorneys response, 9th Circuit Court of Appeals

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

What does the above statement mean? Those in denial about Obama, his character and his past tend to dismiss such statements as fiction. I assure you that it is based on solid facts, court records. Here is one of many examples.

From the Obama attorneys response to the appeal in the Barnett/Keyes lawsuit appeal in the 9th Circuit Court of Appeals.

“PAMELA BARNETT, Captain, et al., )
Plaintiffs/Appellants,

v.

BARACK HUSSEIN OBAMA, et al.,

Defendants/Appellees.”

“APPELLEES’ ANSWERING BRIEF
APPEAL FROM THE
THE UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA – SANTA ANA
SA CV 09-00082 DOC
ANDRÉ BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
ROGER E. WEST
Assistant United States Attorney
First Assistant Chief, Civil Division
DAVID A. DeJUTE
Assistant United States Attorney
Room 7516 Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012
Telephone: (213) 894-2461/2574
Facsimile: (213) 894-7819
Attorneys for Defendants/Appellees”

Yes, that’s right, three taxpayer funded government attorneys representing Obama, helping him to avoid presenting a legitimate birth certificate and proof that he is eligible to be president.

Instead of presenting simple proof of eligibility, as John McCain and others have done, Obama has continued for over 2 years to avoid presenting proof.

Here is just a snippet of the legalese, the horsecrap, what I believe is an illegal manuever by government attorneys to aid and abet Obama in violating the law of the  land.
“Regarding the military plaintiffs, any injury which they may be suffering has
never been identified with any precision at all. Certainly, military personnel may
face risk of injury in the course of their duties, but the military plaintiffs have
pointed to no such concrete risks that they themselves presently face. Even if the Court could find standing on the basis of such injuries, however, it is even more highly speculative that any such injury would be redressed by a change in the identity of the Commander-in-Chief. The military plaintiffs, therefore, cannot meet the redressability prong on this basis.”

“Moreover, the military plaintiffs also lack standing because members of the
military cannot challenge the orders of a superior in a judicial forum. See, e.g.
Chappell v. Wallace, 462 U.S. 296, 300, 304, 103 S.Ct 2362, 76 L.Ed.2d 586
(1984) (holding that “[c]ivilian courts must, at the very least, hesitate long before entertaining a suit which asks the court to tamper with the established relationship between enlisted military personnel and their superior officers” because “that relationship is at the heart of a necessarily unique structure of the military establishment” and noting that the “disruption of ‘[t]he peculiar and special relationship of the soldier to his superiors’ that might result if the soldier were allowed to hale his superiors into court.” (quotation omitted); United States v. Stanley, 483 U.S. 669, 682-83, 107 S.Ct 3054, 97 L.Ed.2d 550 (1987) (holding that members of the military cannot raise Constitutional claims against military officials for injuries incident to service because “congressionally uninvited intrusion into military affairs by the judiciary is inappropriate”).”

“It is well settled that when the United States Constitution makes a “textually
demonstrable constitutional commitment” of an issue to another branch of
government, other than the judiciary, that issue presents a non-justiciable political question.”

http://www.scribd.com/doc/39302812/Barnett-Keyes-et-al-v-Obama-et-al-9th-Circuit-Court-of-Appeals-Appellees-Obama-Answering-Brief-10-13-10

Citizen Wells ending comment.

Aside from the fact that the attorneys helping Obama are engaging in an illegal activity, knowing full well that he has no proof of eligibility:
Congress does indeed have the right and responsibility to insure that the president is eligble. That, however, does not preclude other branches from performing their critical functions of checks and balances and highest responsibility to uphold and defend the US Constitution. Nor does any power provided by the Constitution preclude or preempt a citizen, having taken an oath to defend the Constitution or not, from adhering to the rule of law, the supreme law of the land and performing their civic duty.

Judge grants request for Amicus Curiae Brief filing, Obama eligibility, Commonwealth of Virginia, Attorney General Kenneth Cuccinelli, Citizen Wells open thread, October 9, 2010

Judge grants request for Amicus Curiae Brief filing, Obama eligibility, Commonwealth of Virginia, Attorney General Kenneth Cuccinelli

From The Post & Email October 8, 2010.
“Last March The Post & Email reported on an “Admission of Ineligibility” declared by a Florida man after he charged Barack Hussein Obama with “negligence” for failing to answer his request that Obama prove he is a natural born Citizen and therefore qualified to hold the office of President of the United States.

Mr. W. Spencer Connerat III, the author of the document which he deemed a “confession,” had originally sent it to the attorneys general of Florida and Virginia last March in the likely event that either or both of them decided to file a lawsuit over the impending passage of the Patient Protection and Affordable Care Act (PPACA).  Some have referred to the legislation as “Obamacare,” and its constitutionality has been debated since long before its passage.

Attorney General Kenneth Cuccinelli, on behalf of the Commonwealth of Virginia, filed suit against Health and Human Services Secretary Kathleen Sebelius directly after the legislation was passed by Congress on March 23, 2010.  A group of more than 20 states filed a similar lawsuit led by Attorney General Bill McCollum of Florida.”

“On September 21, 2010, Judge Hudson granted Mr. Connerat’s motion to file an Amicus Curiae brief to be included in the Virginia lawsuit along with many others filed by interested parties, including Physician Hospitals of America, former U.S. Attorney General Edwin Meese III, and the American Civil Rights Union.”

 Read more:

http://www.thepostemail.com/2010/10/08/judge-grants-request-to-file-amicus-curiae-brief-nullifying-health-care-bill-on-grounds-of-obamas-ineligibility/

http://www.scribd.com/doc/38601003/CONNERAT-OBAMA-Confession-FILED-in-Federal-Court

Thanks to commenter TruthSeeker

Wiley S Drake, et al Alan Keyes v Obama appeal update, September 7, 2010, Obama motion to extend time to answer brief

Wiley S Drake, et al Alan Keyes v Obama appeal update, September 7, 2010, Obama motion to extend time to answer brief

From BirtherReport.com September 7, 2010.

“Just more proof that Obama & Gang are working hard to dismiss/quash Obama eligibility lawsuits. Well, in this case, filing an extension to drag it out a bit longer. Mr. Usurper, would it not be easier to just release the records these lawsuits seek? Not long ago you stated this; “The only people who don’t want to disclose the truth are people with something to hide.” …I agree 100%!!!

Text of the motion; APPELLEES’ MOTION TO EXTEND TIME TO FILE ANSWERING BRIEF

Appellee President Barack Obama and all other Appellees, through their counsel of record, the United States Attorney for the Central District of California, hereby respectfully move this Court for an order extending the time for thirty (30) days from the current due date of September 13, 2010, to and including October 13, 2010, for the Appellees to file their Answering Brief in this appeal. Undersigned counsel will be unable timely to complete the Answering Brief by its current due date of September 13, 2010. The reasons for the requested extension are set forth in the attached Declaration of Assistant United States Attorney David A. DeJute. This is the Appellees’ first request for an extension of time.

This motion is made pursuant to Rules 26(b) and 27 of the Federal Rules of Appellate Procedure and Rule 31-2.2(b) of the Rules of the United States Court of Appeals for the Ninth Circuit and is based upon the files and records in this case and on the attached declaration of Assistant United States Attorney David A. DeJute. This request is unopposed by Appellants Wiley S. Drake, et al. but is opposed (without explanation or reason) by Appellants Pamela Barnett, Captain, et al. – DATED: September 3, 2010

Read more:

http://obamareleaseyourrecords.blogspot.com/2010/09/obama-et-al-file-motion-for-extension.html

Blagojevich retrial hearing, August 26, 2010, Judge James Zagel, Citizen Wells open thread

Blagojevich retrial hearing, August 26, 2010, Judge James Zagel

The retrial hearing for Rod Blagojevich takes place today, Thursday, August 26, 2010.

From the Chicago Tribune.

“The retrial of Rod Blagojevich could look decidedly different from the first go-around if the bombastic father-and-son team of Sam Adam and Sam Adam Jr. drop off the case, as the former governor’s lead lawyers have hinted since last week.

Both Adams have suggested they want out of a repeat performance, with the younger one telling attorneys in the case that it’s time for him and his father to move on, according to sources.

Sheldon Sorosky, another Blagojevich lawyer who could remain on a reduced two-member defense team, said Wednesday he believes the younger Adam, whom he described as a “legal Michelangelo,” may struggle to find the energy to tackle the mammoth task again.

Adam’s closing argument was marked by loud and passionate pleas, a flurry of government objections and even an apology for sweating on a juror.

Some answers could become apparent Thursday as U.S. District Judge James Zagel holds the first public status hearing since the trial ended last week, with the jury convicting Blagojevich of lying to the FBI about his knowledge of political fundraising but deadlocking on all the other 23 counts.”

“”The primary purpose (for the hearing) is to set a new trial date,” Sorosky said. “Then, as in any retrial situation, the second purpose — which this time may eclipse the first — is the lawyer situation.”

In a private conference last week with attorneys in the case, Zagel said he expects the former governor to be allowed just two lawyers for the retrial.

Blagojevich, who had seven attorneys for the first trial, has tapped out his $2.7 million campaign fund, which under Zagel’s supervision was used to pay his legal fees. Rules under the Criminal Justice Act allow a defendant whose defense is paid for with taxpayer funds to have no more than two lawyers.”

Read more:

http://www.chicagobreakingnews.com/2010/08/blagojevich-hearing-could-answer-question-over-lawyers.html

Blagojevich trial January 2011?, Judge James Zagel, Public defenders, Citizen Wells open thread, August 24, 2010

Blagojevich trial January 2011?, Judge James Zagel, Public defenders

From the Chicago Tribune August 23, 2010.

“At a private meeting last week with lawyers in the case, U.S. District Judge James Zagel said he was eyeing January for a second trial and suggested he would appoint two attorneys for Blagojevich at taxpayer expense, according to sources familiar with the matter.

Blagojevich’s legal team of seven lawyers was paid from his campaign funds for the first trial, but taxpayers will have to foot the bill for the retrial because the $2.7 million in campaign money ran out.

No date for a retrial has been picked, and the matter remains fluid, those with knowledge of the meeting said. The attorneys are scheduled to meet for a public status hearing in front of Zagel on Thursday.”

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-retrial-0824-20100823,0,7833059.story

Blagojevich jury holdout, Jo Ann Chiakulas, End justifies the means, Hand of God?, Citizen Wells open thread, August 19, 2010

Blagojevich jury holdout,  Jo Ann Chiakulas, End justifies the means

From ACE OF SPADES HQ.

“Here’s what Fox local news in Chicago reports:
Jurors who have been interviewed so far will not identify the juror, other than to say the juror was a female.
FOX Chicago News reported that speculation is centering on juror Jo Ann Chiakulas of Willowbrook, after a second-hand acquaintance said that she has been saying for weeks that she would find Blagojevich not guilty.

Chiakulas is a retired director from the Illinois Department of Public Health.

Contacted Tuesday night, she told FOX Chicago News she would call on Wednesday if she wished to talk about the case.

On one count at least, Chiakulas voted with her fellow jurors, agreeing to convict Blagojevich of lying to federal agents.

Note that that is not yet confirmed. It is now confirmed by CBS local news Chicago.

They actually could have reported more — because pre-trial, they had this to say about a female “retired public health director” on the jury panel:
Juror # 106, a black female believed to be in her 60s, is a retired state public health director who has ties to the Chicago Urban League. She has handed out campaign literature for a relative who ran for public office. She listens to National Public Radio and liberal talk radio shows.

Media accounts mention the campaign literature, but they don’t mention NPR and liberal talk radio. Why?

We know they read this description — why do they end their repetition of it at that point?

The media is quick to stereotype conservative-tilting Americans and attribute to them bad motives.

Think they’ll do the same here?

What were her motives for so egregiously ignoring the law to set a guilty man free that her fellow jurors had to confront her with her own oath to render a true verdict?

Ties to the Chicago Urban League?
The Chicago Urban League supports and advocates for economic, educational and social progress for African Americans through our agenda focused exclusively on economic empowerment as the key driver for social change.
The Chicago Urban League provides African Americans with the tools, the programs and the experiences to help them reach their full economic potential. We are committed to growing Chicago’s African-American workforce and business community with well-informed pursuit of the following four strategies….
So she’s sort of hooked up with… community organizers?”

Read more:

http://minx.cc/?post=304818

This information surprises none of us. For the far left, the guiding principle seems to be the end justifies the means.

This woman is no worse than the judges, election officials and others who have ignored the US Constitution to justify the end.

And furthermore, this may be a blessing in disguise. For starters, this has highlighted the weak case of the prosecution and the failure to present a smoking gun, aka, Tony Rezko. This also brings more attention to the case and thus Obama and his fellow thugs and cronies. The prosecution may actually have to step up to the plate and present evidence. And who knows, perhaps Patrick Fitzgerald will unhitch his wagon from a falling star. And of course, it presents another platform for me and others to reveal the truth about Blagojevich and Obama. 

Perhaps the hand of God touches this.

Blagojevich retrial, Protecting Obama, Patrick Fitzgerald conspirator?, Fitzgerald and Justice Dept delayed arrest of Blagojevich

Blagojevich retrial, Protecting Obama, Patrick Fitzgerald conspirator?, Fitzgerald and Justice Dept delayed arrest of Blagojevich

Patrick Fitzgerald has zero credibility with me. However, with rats jumping ship left and right, will Fitzgerald throw Obama under the bus?

From the Chicago Tribune.
“Moments after a rare setback, a chastened U.S. Attorney Patrick Fitzgerald was acting nothing like the swaggering prosecutor who just 20 months earlier proclaimed he had arrested a sitting governor to stop a political crime spree.

He would not take questions from reporters about his office’s failure to convict former Gov. Rod Blagojevich on 23 counts against him, winning a guilty verdict only on a single count of lying to the FBI,  among the least serious of the charges he faced.

Instead, Fitzgerald vowed to retry the case, then quickly ending his news conference.

“So, for all practical purposes, we are in the mode of being close to jury selection for a retrial,” he said.”

Read more:

http://www.chicagobreakingnews.com/2010/08/defense-jubilant-prosecutors-look-to-retrial.html

From the Chicago Tribune.

“The counts on which the jury could not agree framed the heart of the government claims that Blagojevich schemed to profit from his post from his earliest days in office and in the 2008 attempted to auction off the U.S. Senate seat vacated by President Barack Obama.”

“Lawyers in the case are to be back in court Aug. 26, possibly to pick a retrial date. Prosecutors are expected to push for the case to be back before a jury this fall, while the defense is likely to drag its heels and promised to appeal the single count the former governor was convicted on.
While gaining a conviction of the former governor on one count, the result of the trial was a far cry from the sweeping convictions in public corruption cases that Fitzgerald and his prosecutors have grown accustomed to. In his nine years at the helm of the prosecutor’s office here, Fitzgerald has secured guilty verdicts for an array of public officials, ranging from aldermen to the patronage chief for Mayor Richard Daley to Blagojevich’s predecessor as governor, Republican George Ryan.
The government case against Blagojevich was a vivid example of how slowly the wheels of justice can grind in public corruption cases. Blagojevich was arrested just weeks after he allegedly began plotting to sell Obama’s Senate seat, but federal agents had been probing wrongdoing in the governor’s administration since at least 2004 — his second year in office — and questioned Blagojevich for the first time in 2005 during his first term.”

Read more:

http://www.chicagobreakingnews.com/2010/08/blagojevich-convicted-on-1-of-24-counts.html

Thanks to the Tribune for pointing out that Blagojevich was under scrutiny at least by 2004.

Now for the rest of the story.

From Citizen Wells July 15, 2010
“The question is, why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”

“The US Justice Department had plenty of evidence indicting Rod Blagojevich by 2006. Why did the US Justice Department wait until December 2008, after the election, to arrest Blagojevich?”

“From in or about 2002 to the present, in Cook County”

“Since approximately 2003, the government has been investigating allegations of illegal activity occurring in State of Illinois government as part of the administration of Governor ROD BLAGOJEVICH.”

“Timeline is revealing

Patrick Fitzgerald was aware of Blagojevich’s corruption in 2003

“Pamela Meyer Davis had been trying to win approval from a state health planning board for an expansion of Edward Hospital, the facility she runs in a Chicago suburb, but she realized that the only way to prevail was to retain a politically connected construction company and a specific investment house.

Instead of succumbing to those demands, she went to the FBI and U.S. Attorney Patrick J. Fitzgerald in late 2003 and agreed to secretly record conversations about the project.””

Patrick Fitzgerald and US Justice Dept. delayed Blagojevich arrest

Blagojevich jurors speak out, No smoking gun presented, Rezko for example, Citizen Wells open thread, August 18, 2010

Blagojevich jurors speak out, No smoking gun presented, Rezko for example

From the Chicago Tribune August 18, 2010.

“”They were very strong personalities,” foreman James Matsumoto said of the jurors. “They were all independent thinkers.”

He said he would have convicted Blagojevich on all counts, saying that the case slowly built, “layer upon layer.”

“You just say, ‘God, what was he doing?’ You find out here they were selling seats on boards and commissions. That to me was shocking,” Matsumoto said.

But in the end, he said, the “lack of a smoking gun” was too much of a hurdle for jurors to reach more than the one unanimous decision.

“We deliberated logically and with respect for each other’s opinions,” Matsumoto said. Still, he added, “it was very frustrating.”

Erik Sarnello, 21, of Itasca, said a female juror who was the lone holdout on convicting Blagojevich of attempting to sell the Senate seat “wanted clear-cut evidence, and not everything was clear-cut.”

Sarnello, a sophomore at College of DuPage studying criminal justice, said the main problem with the prosecution’s case was that it was all over the place.

“It confused people,” he said. “They didn’t follow a timeline. They jumped around.”

The foreman said jurors came close to convictions on a number of the 24 counts — as close as 11-1 — but remained far apart on others.”

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-verdict-jury-20100818,0,1234825.story

Obviously, Tony Rezko is the biggest smoking gun.

Blagojevich trial jurors request Bradley Tusk testimony, August 16, 2010

Blagojevich trial jurors request Bradley Tusk testimony, August 16, 2010

From the Chicago Tribune August 16, 2010.

“On the 13th day of deliberations, jurors in the Rod Blagojevich corruption trial have made a new request of U.S. District Judge James Zagel: they want to see a transcript of the testimony of Bradley Tusk, a former deputy governor who spoke on the stand about what he perceived as an attempted shakedown of U.S. Rep. Rahm Emanuel.

Over the objections of a defense lawyer, Zagel said he would provide the transcript.
Tusk, who served Blagojevich from 2003 until 2006, testified that Blagojevich had promised a $2 million grant to an experimental Chicago school in Emanuel’s district, only to later hold its release hostage unless Emanuel leaned on his Hollywood talent agent brother, Ari, to hold a fundraiser for the governor. Tusk testified that he was so outraged by Blagojevich’s alleged tactic that he told Blagojevich’s general counsel, William Quinlan, to “get control of your client.””

“Jurors created a stir last week with a note to Zagel signaling they have been able to agree on only two of the 24 counts against Blagojevich and had not yet even considered 11 wire fraud counts.

Zagel told them to deliberate further and asked them to come to some decision about the wire fraud counts, even if it was only that they were split.

If they can’t agree, Zagel could accept a partial verdict and declare the jury hung on undecided charges. That could result in prosecutors retrying Blagojevich.”

Read more:

http://newsblogs.chicagotribune.com/blagojevich-on-trial/2010/08/blago-attorneys-called-in-for-a-jury-question.html

Blagojevich trial verdict possible today, August 12, 2010, Citizen Wells open thread

Blagojevich trial verdict possible today, August 12, 2010

A verdict in the Rod Blagojevich trial may come today. A note sent to Judge James Zagel from the jurors indicated they may be deadlocked on some of the counts. John Kass of the Chicago Tribune, who has been openly critical of Blagojevich and Obama for some time, provides some commentary.

“Despite all the theories tossed about after the jury delivered the note Wednesday to U.S. District Judge James Zagel, here’s the thing.

Nobody knows what it means. I don’t. Rod Blagojevich doesn’t. Certainly the lawyers don’t.
“We don’t know what it means,” said Michael Ettinger, lawyer for Rod’s brother and co-defendant Robert Blagojevich. “The judge doesn’t know what it means. I assume they are hung on my client, but I don’t know.”

So nobody knows. And you don’t, either, unless you’re a juror, and if you are, then you better stop reading this right now or Judge Zagel will get medieval on you.

So after getting all high and mighty and criticizing my TV colleagues for speculating, it would be most unfair for me to engage in speculation.

Or would it?

According to my own speculations, here’s what we do know:

In the annals of human history, there have been only two times that the impish grin has been wiped completely from the face of Rod Blagojevich.

First, there was that time when the FBI called him about 6 a.m. to tell him they were coming through his bungalow door to arrest him. And he thought it was his good buddy, then state Sen. Jimmy DeLeo, D-How You Doin?, making a practical joke.

Jimmy? Is that you? Jimmy?

No, it was Rob Grant, the special agent in charge of the Chicago FBI office.

And the second time the grin was wiped off was Wednesday, when he got the call to get down to the courthouse immediately because the jury had something to say.

By the time he arrived, he had been able to force at least half the smile back on his face. Walking past reporters, he wisecracked, “Missed you guys.”

But inside, without a jury to play to, the infuriating grin was gone. Instead, he patted his head a number of times, running his fingers over the back of his prodigious mane. But nervously, not like Mr. Cool.”

“Lawyers were told to return to court at 11 a.m. Thursday. That’s going to fuel even more speculation by us gum flappers who don’t know any more than do you.

Notwithstanding the “deliberated without rancor” line from the Perry Masons on the jury, Zagel had kind words for the panel.

He told the lawyers that the jurors were “exceptionally disciplined” and that he hadn’t once heard them fighting in the jury room.”

Read more:

http://www.chicagotribune.com/news/columnists/ctc-met-kass-0812-20100812,0,420740.column?page=2&track=rss

Applicable to this trial and other things to be commented on soon,

Things are not always as they seem.

Also, He who laughs last, laughs loudest.

Wells