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Tuesday, April 27, 2010

New Motions Filed in Hollister v. Soetoro; seeks hearing, release of court opinion, enters Justice Clarence Thomas eligibility evasion statement and more… - Thanks CDR Charles Kerchner
from The Betrayal by David-Crockett

Updating Hollister v. Soetoro new filing

Birther report

Attorney John Hemenway files new motions in Hollister v. Soetoro lawsuit -

Motion to Publish; The plaintiff/appellant Gregory S. Hollister, and the counsel/appellant John D. Hemenway, hereby request of the Court that it publish its panel opinion in this case as handed down on March 22, 2010. Although that opinion merely adopted, without independent analysis or reasoning, the two opinions from the court below, it is a very important repudiation of cases from the 19th Century such as the opinion of Chief Justice John Marshall, joined by Mr. Justice Livingston, in The Venus, 12 U.S. 253 (1814) and the opinion in Minor v. Happersett, 88 (Wall.) U.S. 162 (1874).

Further, as set out in the accompanying Petition for Reconsideration and Suggestion for a Hearing En Banc it is a matter of great importance for the American people and the history of this nation as a nation under the Rule of Law with a paramount Constitution. This is the first man in the oval office since Chester Arthur to appear to not meet the requirement of the Constitution in Article II, Section 2, Clause 5 that to occupy the office one must be a “natural born citizen” in the sense put forward by Vattel as familiar to the founders.

Further, unlike Chester G. Arthur, this occupant of the Oval Office has engaged in outright deception about what is his actual birth certificate as part of his campaign and has spent hundreds of thousands of dollars as revealed in the public records of the Federal Election Commission, as to which this Court may take notice, to resist revealing not only his actual birth documents but also all of his passport, citizenship and school records. He is the first occupant of the Oval Office to use a State of the Union address to seek to intimidate the Supreme Court. He and his operatives, including a political force directed out of the White House, have engaged in a relentless campaign to attack and ridicule any persons who even dare to ask about his actual birth facts and documentation. At a prayer breakfast he announced by fiat that we, the public, are not allowed to inquire about his birth.

Despite this campaign the public concern over these matters has steadily increased. There is no doubt that the White House directed by the appellee has sought in every way to make judicial attention to these issues “unthinkable.” Mr. Justice Thomas has recently noted that the courts are engaged in avoiding these questions. It is not an understatement to say that the future of our constitutionally based legal system is at stake as is the belief of the American people in and their confidence in that system and its future. It is not seemly in this situation for courts to be seen as avoiding transparency with the American people.

The lower court engaged in an appearance of bias based on what it saw as blogging, texting, and twittering on the Internet. It mistakenly assessed that only a couple of dozen people are paying attention to the matters at issue here. Nothing could be further from the truth. The decentralization of not just information but of decision making itself as foreseen by Norbert Wiener in “Cybernetics” in the 1950’s has occurred and is proceeding with ever increasing size and velocity. There is a rising tide, real grassroots growing, not some big city machine Astroturf, of constitutionalism. History will have its verdicts and all shall be revealed. Ducking will be seen as ducking. Even the appearance of it should be avoided. The blogging, texting and twittering will continue, but it will not support deception where the Constitution is concern. Vetting there will be. But it is truth that will be sorted out.

The rise from status to contract that the great legal scholar and historian Sir Henry Maine described in “The Ancient Law” has been paralleled by a movement from status to liability for deception including those that involve the Constitution. Courts should not be seen to be avoiding important issues out of deference to status rather than the Rule of Law with the Constitution as the basis of that law. Transparency is important and the opinion should be published. Full motion embedded below…

MOTION to Publish - 4-21-2010

- PETITION FOR RECONSIDERATION AND SUGGESTION FOR HEARING EN BANC - The plaintiff/appellant Gregory S. Hollister and the counsel/appellant John D. Hemenway hereby move for a panel reconsideration and request a hearing en banc by the full court on their case.

Snippet; This abdication by the lower court of its responsibility to examine the merits of the essential claim of the plaintiff Hollister, namely, that the defendant Soetoro a/k/a Obama is not a “natural born citizen” within the meaning of Article II, Section 1, Clause 5 of the Constitution, in which this Court has now joined, bears directly on the question of the assessment of the Rule 11 reprimand against the appellant Hemenway as the counsel who signed the complaint and other filings in this case.

Thus it acted in contradiction to all the cases from other circuits cited above, Schlaifer, Nance & Co. v. Estate of Warhol, 194 F.3d 323 (2nd Cir. 1999); Baker v. Alderman, 158 F.3d 516 (11th Cir.1998); Davis v. Crush, 862 F.2d 84 (6th Cir.1988); Donaldson v. Clark 819 F.2d 1551 (11th Cir.1987); Chamaikin v. Yefimov, (2nd Cir.1991); Miranda v. Southern Pacific Transportation Company, (9th Cir.1983); Eash v. Riggins Trucking Co., 757 F.2d 557 (3rd Cir.1985).

All of these cases, as pointed out, make it clear that no Rule 11 sanction should be levied without a hearing and some say it is a violation of due process to do so and some also add that there must be a particularized notice of what justifies the sanction, which did not happen here. Donaldson even points out that sanctions, without proper process, approach denial of access to the courts.We have pointed in our briefing that the 19th Century decisions such as John Marshall’s opinion in The Venus, supra, and Minor v. Happersett, supra, point out how it was that the concept of “natural born citizen” from Vattel’s treatise on the Law of Nations was what the founders had in mind. Just recently the records have been located that reveal that George Washington himself never returned his copy of this treatise that he borrowed from the New York Library. This court is obliged to coordinate with those 19th century decisions. Without ascertaining this, the warrant in law that they assert gives a Rule 11 sanction no validity. hat tip: OFI. Full motion embedded below…

PETITION for Hearing en Banc - 4-21-2010


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