Alabama - Sorensen v Kennedy - Transcript of Hearing - 01-17-12fb

8/3/2019 Alabama - Sorensen v Kennedy - Transcript of Hearing - 01-17-12fb

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Motion to Dismiss - Hearing 1

Freedom Court Reporting, Inc 877-373-3660

1 IN THE CIRCUIT COURT

2 OF JEFFERSON COUNTY, ALABAMA

3

4 CIVIL ACTION NUMBER: CV 2012-00023

5 HAROLD SORENSEN,

6 Plaintiff,

7 v.

8 MARK KENNEDY, CHAIRMAN OF THE ALABAMA

9 DEMOCRATIC PARTY,

10 Defendant.

11

12 HEARING

13 January 17, 2012

14 8:55 a.m.

15 Job No. 93628

16

17 BEFORE: Honorable Helen Shores Lee

18 LOCATION: Jefferson County Courthouse

19 Room 650

20 716 North Richard Arrington

21 Jr. Boulevard North

22 Birmingham, Alabama 35203

23 REPORTER: Sheri G. Connelly, RPR


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1 APPEARANCES

2

3 FOR THE PLAINTIFF:

4 Harold Sorensen, Pro Se

5 Post Office Box 44

6 Laverne, Alabama 36049

7

8 FOR THE DEFENDANT:

9 Barry A. Ragsdale

10 Meaghan E. Ryan

11 Sirote & Permutt, PC

12 2311 Highland Avenue South

13 Birmingham, Alabama 35205

14 (205) 930-5100

15 [email protected]

16 [email protected]

17

18 ***************************************

19

20 I, SHERI G. CONNELLY, RPR, a Court

21 Reporter of Birmingham, Alabama, acting as

22 Commissioner, certify that on this date, there

23 came before me at the Jefferson County


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1 Courthouse, Room 650, 716 North Richard

2 Arrington Jr. Boulevard North, Birmingham,

3 Alabama 35203, beginning at 8:55 a.m., whereupon

4 the following proceedings were had:

5

6 THE COURT: Okay. We're here this

7 morning on the motion for preliminary injunction

8 filed by Mr. Harold Sorensen, who has

9 subsequently filed a motion to dismiss this

10 morning. Defendants have also filed a motion to

11 dismiss this suit, and Mr. Sorensen, you say you

12 didn't get notice of this hearing until Friday?

13 MR. SORENSEN: I got it in the mail

14 Friday afternoon. By the time I got home,

15 that's when I first started to work with the

16 thing and with it being a holiday weekend,

17 there's just nothing I could do.

18 THE COURT: Okay. Well, the Court

19 finds that this motion is due to be dismissed,

20 not necessarily because you didn't get notice

21 until Friday but because the Court has no

22 jurisdiction to hear this motion pursuant to our

23 Code, 17-16-44, of the Code of Alabama, the


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1 Court does not have jurisdiction to entertain

2 these proceedings and that's why this suit is

3 being dismissed.

4 I'm also going to dismiss this suit

5 with prejudice. In addition, I'm going to award

6 the defendant's costs and attorneys' fees for

7 having to respond to this suit and said costs

8 and attorneys' fees are to be paid within 45

9 days.

10 MR. RAGSDALE: Your Honor, I hate to

11 even say a word but Mr. Sorensen also filed a

12 motion to recuse, which I -- unfortunately I

13 think the Court has to address if the Court has

14 not already addressed it but I -- just so the

15 record is complete.

16 THE COURT: Is clear, yeah.

17 Mr. Court -- I mean, Mr. Sorensen.

18 MR. SORENSEN: I'm a retired senior

19 citizen, Judge, and I just don't have any

20 money.

21 THE COURT: Okay. You also filed a

22 motion asking this Court and this judge to

23 recuse herself on the basis of bias. Would you


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1 like to stand and address the Court as to --

2 MR. SORENSEN: I'm not feeling very

3 good, ma'am.

4 THE COURT: You can remain seated but

5 you have asked the Court -- you asked me to

6 recuse myself on the basis of bias. So what was

7 the basis of your seeking to have me recused on

8 the basis of bias.

9 MR. SORENSEN: Well, it's certainly

10 not because of racial.

11 THE COURT: I'm sorry?

12 MR. SORENSEN: It was not because of

13 race.

14 THE COURT: What was it? What was the

15 reason?

16 MR. SORENSEN: After watching you in

17 court, observing you last week, I decided that I

18 wouldn't stand a chance in your court and with

19 the comments that you made that was in the

20 newspaper down in Florida about baggage of

21 bigotry, I decided that the best thing is just

22 to end this thing. I just can't take any more

23 of this.


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1 THE COURT: Okay.

2 MR. SORENSEN: I know Judge Kennedy

3 and I have been -- helping me in court and stuff

4 like that. This is just not right.

5 MR. RAGSDALE: Can I speak to that?

6 THE COURT: Yes.

7 MR. RAGSDALE: I agree with you, I

8 don't think it's right. This is the second time

9 you filed a lawsuit challenging the President's

10 qualifications, second time it's been dismissed.

11 I know you have been in communication with the

12 other plaintiffs that have brought these

13 lawsuits. This needs to stop, Mr. Sorensen. It

14 needs to stop today. I wish you had a lawyer

15 but in some ways I'm glad you do not because if

16 a lawyer would have filed the motion to recuse

17 that you filed, he and I would have more than

18 words. Judge, that was scandalous. It was

19 uncalled for. You owe this Court an apology.

20 MR. SORENSEN: I can apologize but I

21 just -- I just feel that this whole thing is

22 embarked under Title 18 where as a citizen, I am

23 required to report to the judiciary or someone


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1 of authority and I felt that I've done that.

2 The case he's talking about, yes, it was

3 dismissed. I filed a judicial complaint against

4 the judge. His court docket showed that ten

5 minutes -- that he dismissed the case and ten

6 minutes later he set the case and all they sent

7 me was that I had a case on May 4. A week

8 before that I went into that court to -- with

9 subpoenas to bring it together and the court

10 clerks were snickering and stuff and they were

11 laughing at me and I was told then that my case

12 was dismissed and that's the first that I know

13 that that case was dismissed, but it was not

14 against President Obama. It was against McCain

15 as well. It was against the Republican party

16 and the Democratic party for putting up citizens

17 or putting up candidates for the ballot that are

18 not natural-born citizens.

19 McCain had a -- had the parents but he

20 did not have the soil. He was born in Cologne,

21 a foreign country, in their city hospital.

22 Obama was born in Hawaii. There's no record to

23 show that but that's what he says, so give him


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1 that but he doesn't have citizen parents. His

2 father is from Indonesia and is British born.

3 Obama has said in his books at the time of birth

4 he was a British subject. Well, if you're a

5 British subject at birth, 40 years later you

6 can't turn around and change your lineage to a

7 natural-born citizen and that's what I'm upset

8 about. I'm just a citizen. I'm a retired

9 military DoD employee 30 years. I just want to

10 go back home and go to bed. I'm done.

11 MR. RAGSDALE: May I say one more

12 thing? If Mr. Sorensen is sincere in that and

13 has no intention to file another lawsuit or to

14 sponsor another lawsuit or collaborate in filing

15 another lawsuit, the Democratic party has no

16 interest in chasing after a retired veteran. If

17 that remains true through this election cycle,

18 then the Democratic party will not seek to

19 collect fees and costs from Mr. Sorensen but --

20 MR. SORENSEN: Thank you.

21 MR. RAGSDALE: -- I need to say this,

22 Mr. Sorensen. If you go out there and I read

23 about on the internet you bad-mouthing this


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1 Court or talking ill about this result, you will

2 feel the full wrath that I can bring. Thank

3 you.

4 THE COURT: Okay. Then the Court will

5 get out an order dismissing this suit with

6 prejudice and we'll withhold the costs and the

7 attorneys' fees. We will just withhold that.

8 MR. RAGSDALE: Thank you, Your

9 Honor.

10 THE COURT: Okay.

11 MR. SORENSEN: Thank you, Judge.

12 THE COURT: Well, let me just say one

13 more thing. I hope you understand,

14 Mr. Sorensen, about this Court jurisdiction in

15 terms of being able to hear such a case. Do you

16 understand that statute?

17 MR. SORENSEN: I didn't -- wasn't able

18 to get the statute that you were referring to,

19 17-16?

20 THE COURT: 17-16-44.

21 MR. SORENSEN: Okay.

22 THE COURT: It's known as the

23 jurisdiction stripping statute and it provides


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1 that "No jurisdiction exists in or shall be

2 exercised by any judge or court to entertain any

3 proceeding for ascertaining the legality,

4 conduct, or results of any election, except so

5 far as authority to do so shall be specially and

6 specifically enumerated and set down by statute;

7 and any injunction, process, or order from any

8 judge or court, whereby the results of any

9 election are sought to be inquired into,

10 questioned, or affected, or whereby any

11 certificate of election is sought to be inquired

12 into or questioned, save as may be specially and

13 specifically enumerated and set down by statute,

14 shall be null and void and shall not be enforced

15 by any officer or obeyed by any person." I

16 mean, do you understand that?

17 MR. SORENSEN: Yes, ma'am.

18 THE COURT: Okay.

19 MR. RAGSDALE: Thank you, Your

20 Honor.

21 MR. SORENSEN: Okay.

22 (Whereupon, the hearing was concluded

23 at 9:04 a.m.)


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1 CERTIFICATE

2

3 STATE OF ALABAMA

4 JEFFERSON COUNTY

5

6 I hereby certify that the above and

7 foregoing deposition was taken down by me in

8 stenotype and the questions and answers thereto

9 were transcribed by means of computer-aided

10 transcription and that the foregoing represents

11 a true and correct transcript of the testimony

12 given by said witness upon said deposition.

13 I further certify that I am neither of

14 counsel, nor of kin to the parties to the

15 action, nor am I in anywise interested in the

16 result of said cause.

17

18

19 /s/ Sheri G. Connelly

20 SHERI G. CONNELLY, RPR

21 ACCR No. 439, Expires 9/30/2012

22

23


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WORD INDEX

17 1:1317-16 9:1917-16-44 3:2317-16-44. 9:20

18 6:22

2012 1:13 11:212012-00023 1:4205 2:142311 2:12

30 8:9 11:2135203 1:22 3:3

35205 2:1336049 2:6

4 7:740 8:5439 11:2144 2:545 4:8

650 1:19 3:1

716 1:20 3:1

8:55 1:14 3:3

9 11:219:04 10:23

930-5100 2:1493628 1:15

a 4:11, 21 6:167:21 8:4, 6 11:11

a.m 3:3a.m. 1:14 10:23able 9:15, 17

about 8:8, 23ACCR 11:21acting 2:21ACTION 1:411:15

addition 4:5address 4:13 5:1

addressed 4:14afternoon 3:14against 7:3, 14agree 6:7ALABAMA 1:2, 8,22 2:6, 13, 21

3:3, 23 11:3

am 6:22and 4:8 6:37:16 8:12 10:5,

7, 12 11:6

another 8:15answers 11:8any 4:19 10:2, 7,8, 10

anywise 11:15apologize 6:20apology. 6:19APPEARANCES2:1

are 7:17Arrington 1:20

3:2as 2:21 7:15ascertaining 10:3asked 5:5, 5asking 4:22attorneys 4:6, 89:7

authority 7:110:5

Avenue 2:12award 4:5

back 8:10bad-mouthing8:23

baggage 5:20ballot 7:17Barry 2:9basis 4:23 5:6, 7,

8

be 10:1bed 8:10BEFORE 1:177:8

beginning 3:3being 4:3

best 5:21bias 4:23 5:6bias. 5:8bigotry 5:21Birmingham 1:222:13, 21

Birmingham, 3:2birth 8:3, 5books 8:3born 7:20, 22born. 8:2

Boulevard 1:213:2

Box 2:[email protected] 2:15bring 7:9 9:2British 8:2, 4, 5brought 6:12but 5:4 6:15by 10:15

came 2:23candidates 7:17can't 8:6case 7:2, 5, 6, 7,11, 13 9:15

cause. 11:16certainly 5:9certificate 10:1111:1

certify 2:22 11:6,

13CHAIRMAN 1:8challenging 6:9chance 5:18change 8:6chasing 8:16CIRCUIT 1:1citizen 4:19 6:228:1, 7, 8

citizens 7:16citizens. 7:18city 7:21CIVIL 1:4clear 4:16clerks 7:10Code 3:23, 23

collaborate 8:14collect 8:19Cologne, 7:20comments 5:19Commissioner2:22

communication6:11

complaint 7:3complete. 4:15computer-aided

11:9concluded 10:22conduct 10:4Connelly 1:232:20 11:19, 20

correct 11:11costs 4:6, 78:19 9:6

counsel 11:14country 7:21COUNTY 1:2, 18

2:23 11:4COURT 1:1 2:203:6, 18, 18, 21

4:1, 13, 13, 16, 17,

21, 22 5:1, 4, 5,

11, 14, 17, 18 6:1,

3, 6, 19 7:4, 8, 9

9:1, 4, 4, 10, 12,

14, 20, 22 10:2, 8,

18

Courthouse 1:18

3:1CV 1:4cycle, 8:17

date 2:22days. 4:9decided 5:17, 21Defendant. 1:10


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DEFENDANT: 2:8Defendants 3:10defendant's 4:6DEMOCRATIC1:9 7:16 8:15, 18

deposition 11:7deposition. 11:12

did 7:20didn't 3:12dismiss 3:9, 114:4

dismissed 7:3, 5,12, 13

dismissed, 3:19dismissed. 4:36:10

dismissing 9:5do. 3:17

docket 7:4DoD 8:9done. 8:10don't 6:8due 3:19

election 8:1710:4, 9, 11

embarked 6:22employee 8:9

enforced 10:14entertain 4:110:2

enumerated 10:6,13

even 4:11exercised 10:2exists 10:1Expires 11:21

far 10:5father 8:2feel 6:21 9:2feeling 5:2fees 4:6, 8 8:199:7

felt 7:1file 8:13

filed 3:8, 9, 104:11, 21 6:9, 16,

17 7:3

filing 8:14finds 3:19first 3:15 7:12Florida 5:20

following 3:4FOR 2:3, 8 4:6foregoing 11:7,10

foreign 7:21Friday 3:12, 14,21

full 9:2further 11:13

get 9:5give 7:23given 11:12glad 6:15go 8:10, 10, 22going 4:4, 5good 5:3

had: 3:4HAROLD 1:5

2:4 3:8has 3:8 4:138:13

hate 4:10having 4:7Hawaii 7:22he 7:19 8:4hear 3:22 9:15HEARING 1:123:12 10:22

Helen 1:17

helping 6:3Highland 2:12him 7:23His 8:1holiday 3:16home 8:10home, 3:14Honor 4:10Honor. 9:9 10:20

Honorable 1:17hope 9:13hospital. 7:21

I 4:12 5:17 6:7,11, 20 10:15

if 6:15 8:16ill 9:1in 5:16 9:1411:7

Indonesia 8:2injunction 3:710:7

inquired 10:9, 11intention 8:13interest 8:16interested 11:15

internet 8:23into 10:12into, 10:9is 4:2 6:21It 6:13

January 1:13JEFFERSON 1:2,18 2:23 11:4

Job 1:15

Jr 1:21 3:2Judge 4:19, 226:2, 18 7:4 10:2,

8

Judge. 9:11judicial 7:3judiciary 6:23jurisdiction 3:224:1 9:14, 23 10:1

just 5:21 6:21

KENNEDY 1:86:2

kin 11:14know 6:2, 117:12

known 9:22

laughing 7:11Laverne 2:6lawsuit 6:9 8:13,14, 15

lawsuits 6:13lawyer 6:14, 16Lee 1:17

legality, 10:3like 5:1 6:4lineage 8:6LOCATION 1:18

ma'am. 5:3 10:17mail 3:13MARK 1:8McCain 7:14, 19me 7:7

Meaghan 2:10mean 4:17 10:16means 11:9military 8:9minutes 7:5, 6money. 4:20more 5:22 8:119:13

morning 3:7, 10motion 3:7, 9, 10,19, 22 4:12, 22

6:16Mr 4:17 8:229:14

[email protected] 2:16

natural-born 7:188:7

necessarily 3:20need 8:21

needs 6:13, 14neither 11:13newspaper 5:20no 3:21 8:15North 1:20, 213:1, 2

not 3:20 4:145:10 7:13, 18

notice 3:12, 20


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null 10:14NUMBER 1:4

Obama 7:14, 228:3

obeyed 10:15

observing 5:17of 5:12, 20, 237:1 11:13

Office 2:5officer 10:15Okay 3:6, 184:21 9:4

Okay. 6:1 9:10,21 10:18, 21

on 5:7one 9:12

or 7:17order 9:5 10:7other 6:12our 3:22owe 6:19

paid 4:8parents 7:19 8:1parties 11:14party 7:15, 16

8:15, 18PARTY, 1:9PC 2:11Permutt 2:11person 10:15Plaintiff, 1:6PLAINTIFF: 2:3plaintiffs 6:12Post 2:5prejudice 4:5 9:6preliminary 3:7

President 7:14President's 6:9Pro 2:4proceeding 10:3proceedings 3:44:2

process 10:7provides 9:23pursuant 3:22

putting 7:16, 17

qualifications6:10

questioned 10:10,12

questions 11:8

race. 5:13racial. 5:10Ragsdale 2:94:10 6:5, 7 8:11,

21 9:8 10:19

read 8:22reason 5:15record 4:15 7:22

recuse 4:12, 235:6 6:16

recused 5:7referring 9:18remain 5:4remains 8:17report 6:23REPORTER 1:232:21

represents 11:10Republican 7:15

required 6:23respond 4:7result 9:1 11:16results 10:4, 8retired 4:18 8:8,16

Richard 1:20 3:1right 6:8right. 6:4Room 1:19 3:1RPR 1:23 2:20

11:20Ryan 2:10

save 10:12says 7:23scandalous 6:18Se 2:4seated 5:4

second 6:8, 10seek 8:18seeking 5:7senior 4:18sent 7:6set 7:6 10:6, 13shall 10:14

Sheri 1:23 2:2011:19, 20

Shores 1:17show 7:23showed 7:4sincere 8:12Sirote 2:11snickering 7:10so 10:4soil 7:20someone 6:23

Sorensen 2:43:8, 11, 13 4:11,

18 5:2, 9, 12, 16

6:2, 13, 20 8:12,

19, 20, 22 9:11,

14, 17, 21 10:17,

21

SORENSEN, 1:5Sorensen. 4:17sorry 5:11sought 10:9, 11

South 2:12speak 6:5specially 10:5, 12specifically 10:6,13

sponsor 8:14stand 5:1, 18started 3:15STATE 11:3statute 9:16, 18,23 10:6

statute, 10:13stenotype 11:8stop 6:13, 14stripping 9:23stuff 6:3 7:10subject 8:4, 5subpoenas 7:9subsequently 3:9suit 3:11 4:2, 4,

7 9:5

take 5:22taken 11:7talking 7:2 9:1ten 7:4, 5

terms 9:15testimony 11:11than 6:17Thank 8:20 9:2,8, 11 10:19

that 6:17 7:138:1, 17 10:1

that. 7:1 9:7that's 3:15the 3:4, 15, 234:6, 14 5:7, 8, 14,

19, 19 6:11 7:2,4 9:6, 22 11:14,

15

then 8:18there 2:22there's 3:17thereto 11:8these 4:2 6:12thing 3:16 5:21,22 6:21 8:12

9:13

think 4:13 6:8this 3:6, 9 8:23this, 8:21this. 5:23time 3:14 6:8,10 8:3

Title 6:22to 3:10 4:10, 225:5, 22 7:22 8:9,

13, 18 9:18

to, 9:18

today 6:14told 7:11transcribed 11:9transcript 11:11transcription11:10

true 8:17 11:11turn 8:6


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uncalled 6:19understand 9:1610:16

understand, 9:13unfortunately4:12

until 3:21upset 8:7

v. 1:7very 5:2veteran 8:16void 10:14

want 8:9

was 5:6 6:187:2, 12

watching 5:16ways 6:15week 5:17 7:7weekend, 3:16Well 3:18 5:97:15 8:4 9:12

went 7:8were 7:10 11:9We're 3:6

whereupon 3:3will 9:1, 4wish 6:14with 4:5 5:187:8 9:5

withhold 9:6, 7witness 11:12word 4:11words 6:18work 3:15wouldn't 5:18

wrath 9:2

yeah. 4:16years 8:5, 9Yes. 6:6you 3:11 4:235:5 6:9 8:5 9:15

you. 8:20 9:3Your 9:8 10:19

Alabama - Sorensen v Kennedy - Transcript of Hearing - 01-17-12fb

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Transcript of Alabama - Sorensen v Kennedy - Transcript of Hearing - 01-17-12fb