HORNBECK v SALAZAR - TRANSCRIPT OF ORLY TAITZ 5-11-11 Hearing

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Transcript of HORNBECK v SALAZAR - TRANSCRIPT OF ORLY TAITZ 5-11-11 Hearing

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    UNITED STATES DISTRICT COURT

    EASTERN DISTRICT OF LOUISIANA

    HORNBECK OFFSHORE SERVICES, * Civil ActionL.L.C., * No. 10-1663

    *Plaintiff, * Section F(2)

    *v. * New Orleans, Louisiana

    * May 11, 2011KENNETH L. SALAZAR, ET AL, *

    *Defendants. *

    * * * * * * * * * * * * * * * *

    MOTION TO INTERVENE,BEFORE THE HONORABLE JOSEPH C. WILKINSON, JR.,

    UNITED STATES MAGISTRATE JUDGE

    APPEARANCES:

    For the Plaintiff: Jones Walker

    By: CARL D. ROSENBLUM, ESQ.Place St. Charles201 St. Charles AvenueSuite 5100New Orleans, Louisiana 70170

    For the Defendant: U.S. Attorneys OfficeBy: PETER M. MANSFIELD, ESQ.Hale Boggs Federal Building500 Poydras Street, Room 210

    New Orleans, Louisiana 70130

    For the Intervenor, By: DR. ORLY TAITZ, ESQ.Dr. Orly Taitz: 29839 Santa Margarita Parkway

    Suite 100Rancho Santa Margarita, CA 92688

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    APPEARANCES (Contd.):

    Court Audio Operator: Cindy Usner

    Transcriptionist: Sherryl Robinsonc/o U.S. District Court500 Poydras Street, Room C151New Orleans, Louisiana 70130(504) 589-7721

    Proceedings recorded by electronic sound recording,

    transcript produced by transcription service.

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    P R O C E E D I N G S1

    (Wednesday, May 11, 2011)2

    (Call to Order of the Court)3

    THE COURT: Good morning. Be seated, please.4

    (All Counsel respond, Good morning, Your Honor.)5

    THE COURT: Lets see ladies and gentlemen, the first6

    case that Im going to call is Hornbeck v. Salazar , and the7

    reason Im calling it is because my staff tells me that8

    Dr. Taitz who is the proposed Intervenor has appeared and come9

    all the way in from California.10

    DR. TAITZ: Yes, sir.11

    THE COURT: So, despite the fact that there was no12

    oral argument scheduled, Dr. Taitz --13

    Taitz?14

    MS. TAITZ: Yes, sir.15

    THE COURT: Since you came all the way from16

    California, I had my staff call the local lawyers for the other17

    parties, let them know you were here, and tell them that I18

    intended to let you have your say.19

    MS. TAITZ: I greatly appreciate it, Your Honor.20

    THE COURT: In the future though, I have to tell you21

    that you need to study the local rules and comply with them.22

    MS. TAITZ: Yes, sir.23

    THE COURT: I also --24

    Step up anybody who is here for this. Well do this25

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    first. Make your appearances.1

    And I also just received, a few minutes ago, your2

    Motion for Leave to file a reply memo, which I intend to sign.3

    But in perfect candor, I havent read it yet.4

    DR. TAITZ: All right.5

    THE COURT: So, Im going to let you have your say.6

    Im not going to rule on the motion orally, as I ordinarily7

    might, and then Im going to read it when I finish.8

    MS. TAITZ: Thank you, Your Honor.9

    THE COURT: And then Ill issue a written ruling10

    later, okay?11

    MS. TAITZ: Okay.12

    THE COURT: So, why dont you formally make your13

    appearances for the record.14

    For the Intervenor, we have the proposed Intervenor.15

    MS. TAITZ: Im Dr. Orly Taitz, Esquire, and I am the16

    proposed Intervenor.17

    THE COURT: All right.18

    MR. ROSENBLUM: Good morning Your Honor, Carl19

    Rosenblum on behalf of the Plaintiffs.20

    THE COURT: Good morning.21

    MR. MANSFIELD: Good morning Your Honor, Peter22

    Mansfield with the U.S. Attorneys Office, here on behalf of23

    Defendants, all the Federal Defendants, including Secretary24

    Salazar.25

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    THE COURT: All right, thank you.1

    MR. MANSFIELD: Thank you, Your Honor.2

    THE COURT: All right, Dr. Taitz, proceed.3

    DR. TAITZ: Thank you, Your Honor.4

    And I have enlarged exhibits. I have enlarged5

    exhibits so you would be able to see them. I have filed this6

    Motion to Intervene because what I have found out that the7

    Hornbeck case is much more than a case of moratorium on deep8

    water drilling.9

    What Ive found out that this is a case where the10

    administration, the federal government, have been impeding --11

    (Cell phone ringing in courtroom.)12

    I greatly apologize. Im sorry.13

    (Pause.)14

    THE COURT: If any of you have cell phones, please15

    turn them off.16

    UNIDENTIFIED SPEAKER: Isnt that a local rule?17

    DR. TAITZ: -- have been impeding the efforts of the18

    oil and drill -- gas and oil industry in the Gulf of Mexico,19

    which caused significant loss of jobs and significant damage to20

    the economy of the region.21

    I have seen similar actions in other regions of the22

    United States and specifically in the State of California,23

    where I reside, where I am a taxpayer that were similar, I24

    would say attacks, on the economy of the region. I am an25

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    attorney who developed an expertise on the issue of1

    Constitutional eligibility. I have been prosecuting this2

    matter for the last nearly three years in a number of legal3

    actions, and just a week ago I had a hearing in the Ninth4

    Circuit Court of Appeals on a similar issue.5

    And what I have found is that --6

    THE COURT: So Dr. Taitz, you have other cases7

    pending, not just one? My understanding from reading your8

    papers was you had one in the Central District of California.9

    DR. TAITZ: Its in the Ninth Circuit Court of10

    Appeals.11

    THE COURT: Right.12

    DR. TAITZ: I was granted an oral hearing --13

    THE COURT: Uh-huh.14

    DR. TAITZ: -- which was conducted on May the 2 nd .15

    THE COURT: Okay, but my point is that you have other16

    cases raising this issue, the Presidents citizenship and other17

    cases around the country?18

    DR. TAITZ: Eligibility. I have, well, one case in19

    California which is currently at the level of the Ninth Circuit20

    Court of Appeals.21

    THE COURT: Okay, all right. Go ahead.22

    DR. TAITZ: And what I was able to find, and I wanted23

    to show Your Honor.24

    THE COURT: All right.25

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    THE COURT: Did I understand you to say that you had1

    oral argument in the Ninth Circuit last week?2

    DR. TAITZ: Yes, yes. They were --3

    THE COURT: What, last week?4

    DR. TAITZ: They were on May the 2 nd , yes.5

    THE COURT: Did you present all of this? Was that6

    before or after he posted his birth certificate on the7

    Internet?8

    DR. TAITZ: It was right after, however --9

    THE COURT: Did you present all of this to the Ninth10

    Circuit?11

    DR. TAITZ: I didnt -- I did not have any affidavits12

    from experts, because it was just released, and I wasnt able13

    to get any affidavits from experts yet.14

    THE COURT: All right. Go ahead.15

    DR. TAITZ: Additionally, the Ninth Circuit hearing16

    dealt with a decision by the district judge that was made17

    earlier, and so I could only talk about the issues that were18

    relevant to prior decision.19

    And what I have found, this is actually --20

    THE COURT: What did the district judge do?21

    DR. TAITZ: Well, its really interesting.22

    Originally, the district judge stated that this case --23

    THE COURT: Just tell me in one word.24

    DR. TAITZ: Well, originally he said that its going25

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    to be heard on the merits. And then Mr. Obama placed one of1

    his defense attorneys as his clerk and he changed his mind and2

    he said that he no longer has jurisdiction, and he dismissed3

    the case.4

    THE COURT: Okay. So, he dismissed the case?5

    DR. TAITZ: He dismissed the case as to --6

    THE COURT: For lack of jurisdiction?7

    (Cell phone ringing in courtroom.)8

    DR. TAITZ: What? Is that my phone?9

    THE COURT: Dr. Taitz, you have got to turn that10

    thing off.11

    DR. TAITZ: Yes, I thought I did.12

    (Cell phone ringing in courtroom.)13

    DR. TAITZ: She dismissed the case for lack of14

    jurisdiction and thats why I feel that its so important for15

    this case to be heard. I believe that this is the most16

    important case we have today, and most important case in the17

    history of this nation, because we have --18

    THE COURT: This is a federal court, just like that19

    one.20

    DR. TAITZ: Yes.21

    THE COURT: Dont you think that if the Ninth Circuit22

    finds there is no jurisdiction, that I wont have any23

    jurisdiction either?24

    DR. TAITZ: Well, actually the Ninth Circuit dealt25

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    with a slightly different case, and they were stating that1

    there were no damages.2

    This case is proceeding and in this case the3

    Plaintiffs do have damages. The case is in discovery right4

    now, so that there is jurisdiction and thats why this case is5

    so unique, because damages are here and I am here to show why6

    those Plaintiffs have those damages, because we have an7

    individual who is occupying the position of the President and8

    Commander in Chief using a forged birth certificate according9

    to two experts and I have provided their affidavits.10

    He is using an invalid Social Security Number. He is11

    using invalid Selective Service certificate. He is providing12

    fraudulent information in regards to his educational records,13

    and his whereabouts in the past. And we have seen that his14

    policies have affected the Plaintiffs and have affected many15

    other industries around the nation, and thats why it is so16

    important to get to the root of this problem and once and for17

    all get all of the evidence and for the nation to see all of18

    the evidence, and to decide on the issue of eligibility and19

    decide if the orders, and in this case moratorium orders to20

    withhold permits for drilling like in this case, if any21

    policies involving persecutions of Civil Rights attorneys like22

    me, if any of those were valid.23

    THE COURT: All right.24

    DR. TAITZ: And if I can just show --25

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    THE COURT: Yes, you can. Im going to give you two1

    more minutes though.2

    DR. TAITZ: Yes.3

    THE COURT: I have a courtroom full of people.4

    DR. TAITZ: Sure, I understand.5

    THE COURT: And I have three other matters to take6

    up.7

    DR. TAITZ: Yes. And what I wanted to show8

    Your Honor, and its obvious, and this shows complete9

    disrespect to this whole nation and system of justice. This is10

    just to show what Mr. Obama has provided to the nation,11

    claiming to be a true and correct copy of his birth12

    certificate. This is a true and correct copy of a birth13

    certificate of a woman who was born just a few hours after14

    Mr. Obama.15

    And you can see that a true and correct copy had to16

    be on white paper. You can see how its turning yellow with17

    time. You can see defined orders -- borders. What Mr. Obama18

    provided is on paper, green safety paper that was not used in19

    1961. There are no borders, its just a computer composite20

    where bits and pieces of different images and different birth21

    certificates were put together to create this image. Its22

    unbelievable.23

    To me, I believe that there has to be an emergency24

    hearing on this, in that we have an individual sitting in the25

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    White House using a forged birth certificate, and based on this1

    forged birth certificate, he is occupying the highest position2

    in the land, affecting so many industries, so many parties.3

    You can see also the numbers. This woman, her birth4

    certificate was signed in the same office. She was born in the5

    same hospital. It was signed on the 11 th , August 11 th , and you6

    can see the number ends on 637.7

    Obama claims that the number that was assigned to him8

    is 641, and his was signed on August the 8 th , and again, and9

    you can see in the affidavit, this is completely impossible.10

    Its out of order. This is clearly a forgery. You can see11

    here that the birth certificates in those years were12

    typewritten; they had to be justified to the left. Here, its13

    completely wrong.14

    And in the last one you can see that what Mr. Obama15

    is using, here is a statement from yet another expert showing16

    that when it was created, when you open it in Adobe17

    Illustrator, you can see the grammatical layers. You can see18

    how it was actually created, where they took bits and pieces of19

    different birth certificates. You can see part of the20

    signature of Stanley Ann Dunham and they might have used a21

    birth certificate from -- for his sister, Maya Soetoro, and22

    just added -- at that time his mother was signing documents as23

    Stanley Ann D. Soetoro. It looks like Soetoro was removed and24

    they added Dunham Obama, and thats how they came with Stanley25

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    Ann Dunham Obama.1

    Your Honor, this is, I feel that this is an assault2

    on the system of justice in this country to allow somebody with3

    forged documents, with forged and invalid identification4

    documents to continue in the position of the President and5

    without any discovery on the part of any judge or any court.6

    THE COURT: All right.7

    DR. TAITZ: Thank you, Your Honor.8

    THE COURT: Dr. Taitz, youre welcome.9

    Mr. Mansfield, do you have any response that you want10

    to make?11

    MR. MANSFIELD: Only to say, Your Honor, that our12

    arguments are contained in our memorandum in opposition that13

    the proposed intervention doesnt satisfy Rule 24(b).14

    THE COURT: All right, sir.15

    MR. MANSFIELD: Thats all the response that I need16

    to make.17

    THE COURT: I have seen it and I have reviewed it18

    already.19

    MR. MANSFIELD: Thank you, Your Honor.20

    THE COURT: Lets see. Mr. Rosenblum, is there21

    anything that you want to say?22

    MR. ROSENBLUM: Only this, Your Honor. I appreciate23

    the Court calling us and letting us know that we were going to24

    have a hearing.25

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    THE COURT: Im sure Dr. Taitz wasnt aware of the1

    local rule that requires it.2

    Right, Dr. Taitz?3

    DR. TAITZ: I wasnt aware.4

    THE COURT: Okay.5

    DR. TAITZ: Im sorry.6

    THE COURT: All right.7

    MR. ROSENBLUM: On behalf of the Plaintiffs, we did8

    not file anything as the Court is aware, Judge. The only thing9

    I would point out is to correct a statement by Dr. Taitz.10

    As Your Honor knows, the Hornbeck case has never11

    sought monetary damages, Judge. We believe that any ability to12

    get monetary damages, wed have to go to the Federal Court of13

    Claims. This case was asking for a permanent and preliminary14

    injunction. We got the preliminary injunction and there has15

    been a lot of water under the bridge since that time.16

    So, the suggestion that were seeking damages is17

    simply not correct in this case.18

    THE COURT: Do you think --19

    MR. ROSENBLUM: Now, we do have the contempt motion,20

    Judge, on the attorneys fees that youre looking at.21

    THE COURT: I have it.22

    MR. ROSENBLUM: Thats the only thing that I would23

    like to say.24

    THE COURT: Do you think water under the bridge is25

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    the right analogy or simile to use at the moment?1

    MR. ROSENBLUM: I have indicated previously,2

    Your Honor, to Judge Feldman in this case, there has been a lot3

    of water under the bridge. Im not so sure at this point since4

    we havent seen --5

    THE COURT: I think you said that in the winter6

    though, before the water started rising.7

    MR. ROSENBLUM: Actually, I think it was last summer,8

    Judge.9

    THE COURT: I see.10

    MR. ROSENBLUM: But in any event, we havent had rain11

    for a couple of weeks, but its coming, Judge.12

    THE COURT: Okay.13

    MR. ROSENBLUM: So, I understand the Courts14

    sensitivity.15

    THE COURT: All right. Okay, thank you very much.16

    MR. ROSENBLUM: Thank you, Judge.17

    THE COURT: All right. Now Dr. Taitz, as I said, I18

    havent read your reply yet. I dont like ruling on things19

    until I read everything that people have submitted. Im going20

    to sign the order permitting you to leave the file with us21

    right now.22

    DR. TAITZ: Thank you, Judge.23

    THE COURT: Have you served these two gentlemen with24

    it?25

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    DR. TAITZ: I served a bunch of them, and I guess1

    that its going to be on Pacer shortly, also.2

    THE COURT: All right.3

    DR. TAITZ: Thank you.4

    THE COURT: Thank you very much.5

    DR. TAITZ: Thank you, Your Honor.6

    THE COURT: The matter is deferred until I can read7

    this last submission.8

    MR. ROSENBLUM: Thank you, Your Honor.9

    MR. MANSFIELD: Thank you, Your Honor.10

    THE COURT: Thank you.11

    * * * * *12

    (Hearing is Concluded)13

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    C E R T I F I C A T E

    I certify that the foregoing is a correct transcript

    from the electronic sound recording of the proceeding in the

    above-entitled matter.

    S/Sherryl P. Robinson _6/6/11_ Sherryl P. Robinson Date