2012-03-16 - TAITZ v RUEMMLER (APPEAL USDC DC) - Opposition to Motion for Summary Affirmance Tfb

8/2/2019 2012-03-16 - TAITZ v RUEMMLER (APPEAL USDC DC) - Opposition to Motion for Summary Affirmance Tfb

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DR. ORLY TAITZ ,ESQ t1/:,:\ e ; \Z29839 SANTA M A R G M I l i ~ ~ ~ 100SANTA MARGARITA, CA 92688PI-I. 949-683-5411 FAX 9 4 9 ~ 7 6 6 - 7 6 0 3 ORLY.TAITZ

UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA

Dr. ORLY TAITZ, ESQ, PRO SE Opposition to motion for summaryn

v.

APPELLANT, affirmance

KATHY RUEMMLER IN HER CAPACITYAS TI-mWHITE HOUSE COUNSEL AND CUSTODIAN OF RECORDS

APPELLEE

Taitz v Ruemmler Opposition to Motion for Summary affinnance 1

USCA Case #11-5304 Document #1364401 Filed: 03/16/2012 Page 1 of 57USCA Case #11-5306 Document #1364607 Filed: 03/16/2012 Page 1 of 57


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Dr. Orly Taitz, ESQ, (Hereinafter "Taitz") Appellant is opposing Appellee'smotion for summary affinnance as frivolous and unsupported by fact and law.

ARGUMENTDuring Watergate over thirty corrupt high ranked governmental official, includingthe White House counsel were indicted and went to prison. Today, duringObamaForgeryGate, the level of corruption is overwhelming and far surpasses thelevel of corruption we saw during Watergate.On January 26, 2012 Taitz represented several plaintiffs in the state of Georgia in acase Farraretal v Obama etal. OSAH-SECSTATE-CE-121S136-60-MALIHI.Attrial Taitz examined several witnesses, among them a senior Deportation officer ofthe Departtl1ent of I-Iomeland Security and a licensed investigator, certitied withthe department ofHomeland Security. All of the witnesses testified that the allegedcopy of the original long fonn birth certificate, posted by Barack Hussein Obamaon WhiteHouse.gov, represents a computer generated forgery and not a copy ofany document. John Sampson, senior deportation officer, testified that with suchdocwnents he would typically seek a warrant for an arrest and deportation of anindividual. (Exhibit 1 transcript of January 26, 2012 hearing in Farrar et al vObama etal) (Exhibit 3 Video tape of the trial in Farrar et al v Obama and of theMarch 1,2012 press conference ofSheriffArpaio)




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On March 1, 2012, Sheriff Joe Arpaio of Maricopa county held a press conference,where heconfinnedall of the findings and evidence submitted to courts by Taitz.Arpaio and investigator Zulo affinned that the alleged birth certificate of Obama isa computer generated forgery.Subject of this case is a FOIA request to examIne an alleged copy of theaforementioned f o r g e r y ~ which was presented to the public by the fonner WhiteHouse counsel Robert Bauer and currently being kept by the new White HouseCQunsel, Kathy Ruelnmler.1. Appellee did not provide one single authority, which would provide for asummary affirmance. There is a legitimate process of filing an Appellate brief,Appellee's brief and Appellant's reply. Motion for summary affirmance is notdescribed in the rules of court and nota legitimate form ofconducting an appeal.2. The essence of the Motion for Summary affirmance, is the position of KathyRuemmler, White House counsel, Appellee, that White House counsel is notsubject to FOIA. However, even the lower court udge disagreed with the positionthat the White House counsel enjoys l O O % ~ full protection. Lower court actuallyagreed with the Appellant and her contention that in SOlne situations protectionfrom FOIA discovery does not apply. Lower court agreed that under Citizens forResponsibility and. Ethics. in Washington 566 F3d at 222, protection from FOIAdoes not apply where the White House counselor White House staff exert




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sufficient independent authority from the President to warrant agency treatmentunder FOIA.2. In his fmal order Judge Lalnberth noted that indeed White House Director ofcommunications Dan Pfeifer, and Press Secretary Jay Carney and f o n n ~ r WhiteHouse counsel Robert Bauer held an independent press conference with thisalleged birth certificate, which later shown to be a forgery and Mr. Obama waskept away from the document, judge Lamberth argues that there is no proof thatthe President did not know about their actions, that he did not direct them to act inthis manner, therefore there was no independent authority and FOIA applies.3. Whether there was an independent authority or not, this is a factual matter thatneeds to be decided De Novo by the trier of fact. This is not an issue to be' decidedsummarily on a motion for Summary Affirmance. For that reason alone the motionfor summary affirmance needs to be denied.4. Additionally this approach creates a catch 22 for the Appellee. If one aSSUlnesthat there was an independent action by the White House counsel during the April27 press conference, then the alleged copy of Obama's birth c ~ r t i f i c a t e isrecoverable under FOIA. If there was no independent activity and White Housecounsel acted in unison with Mr. Obama, than we have a case of a criminalconspiracy to defraud American citizens, utter a computer generated forgery andclaim it to be a basis for the position of the US President. Now, FOIA protection

Taitz v Ruemmler Opposition to Motion for Sumlnary affirmance 4



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applies to liThe President's immediate personal staff or units in the Executiveoffice whose sole function is to advice and assist the President are not includedwithin the tenn "agency" under the FOIA, " Kissinger v Reporters COlnm. forFreedom of the Press, 445 U.S. 136, 156 (1980). and 5 USC 552 (t). Simpleconstruction of the statute means thata. one is indeed a legititnate President. It does not include one who is not alegitimate President, one who got in the White House by fraud, by using acomputer generated forgery instead ofa valid birth certificate.b. "advice and assist" by the White House counsel are related to the legitimatefunctions of a President. Defrauding the whole nation by presenting a cheapforgery and claiming it to be valid tlue and correct copy of a document does notrepresent a valid "advice and assist" by the White House counsel. For "advice" likethis the White .House counsel should be stripped of his position and disbarred, aswell as sent together with the client to serve a lengthy prison tenn. Criminalenterprise, criminal collusion does not represent an advice protected by FOIA andenvisioned by FOIA.5. What is more is that the same District judge stripped protection of not onlyPresidential record immunity from FOIA release, but also Grand Jury proceedingsimmunity froln FOIA release and made public Richard Nixon's grand jurytestimony as well as transcripts of White House taped conversation from 1971-

Taitz v Ruetnmler Opposition to Motion for Summary affinnance 5



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1973 pursuant to FOIA request in In Re Petition of Stanley Kutler et al 10-547(RCL). Judge Lamberth ordered redaction of only a few parts of thedocuments, where privacy of living persons was involved and the matters ofNational security are involved. In case at hand Obama publicly released the contentof the alleged "document", so the privacy no longer applies. What's more, is thatthe interests of the National security in this case would require the release of thedocument in question, and not just any release, but an immediate, expedientrelease, as at issue is the usurpation of the U.S. Presidency. So, why were theNixon tapes released, while Obama's original documents and alleged copies are soheavily guarded? The answer might be more economic than legal. It might be apart and parcel of the saIne reasoning, which caused Nixon to be thrown under thebus by the International oligarchy de facto running the show, and caused Obama tobe protected for now.Originally Nixon seelned to be useful for the oligarchy as he did away with thegold standard and Breton Woods agreements, however Nixon balked on GATT(Global Economic Tariffs and Trade). It seems he didn't buy into the conclusionsof the Tokyo round and became an impediment to the globalization. On the otherhand Obama, in spite of his flagrant criminality and lack of any valid identificationpapers and lack of legitimacy, is simply convenient and obedient.

Taitz v Ruemmler Opposition to Motion for Summary affirmance 6



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Another indication, that the decision in this case was not on the merits, notaccording to precedents and biased, lies in the notation made by judge Lamberth inhis fmaI order. Shockingly judge Lamberth wrote: "the President released his longfOlm birth certificate on April 27th, 2011, and posted copy on the White HouseWeb site. The certificate confrrms the President's birth in Honolulu Hawaii. SeeMichael D. Sheer, "With Document, Obama seeks to end "Birther issue" The NewYork Times, Apr.28, 2011, et AI.This notation is so laughable that it makes U. S. judiciary a laughing stock in theeyes of the World jurisprudence. Clearly a high ranking federal judge or any judgefor that matter, even a small claims court judge, knows that a computer imageposted on the Internet does not represent a document, does not mean a release ofanything. One can use an adobe illustrator or photoshop and create a birthcertificate of Mickey.Mouse or Donald Duck and post it on the Internet. A judgeshould know better than that, should know that some stupid article in New Yorktimes does not represent a legal authority on anything. To see a judge embarrasshimself by writing some utter nonsense, attempting to give weight and authenticityto sOlne computer image, calling it a document, by quoting some nonsense from"Communists R US New York Times" is sad, it shows total disintegration of thefabric of the system of justice. Needless to say that Obama never presented anyceltified copy with the embossed seal of the document in any court of law or to any

Taitz v Ruelnmler Opposition to Motion for Summary affirmance 7



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elections commission, Hawaii department of Health never opened their books andnever presented the original for review and authentication. Any time Taitzconducts a hearing or trial, and Obama is subpoenaed to appear and producedocuments, he is too scared to appear, his attorneys are too scared to appear, asthey know that no judge in any hearing would deem a computer image to be adocument,and they know that they have nothing else, but this computer generatedforgery.

CONCLUSIONMotion for summary affirmations needs to be denied, as there is no blanket FOIAimmunity for the White House counsel and White House records. White Houserecords were released under FOIA in quoted precedents. Aforementioned"document" presented to public by the former White House cOWlSel Robert Bauerand currently held by White.house counsel Kathy Ruemm]er is not immune frolnFOIA release, as former White House Counsel wheeled independent authority.Additionally the IIdocument" in question is not immune to disclosure as it is not alegitimate document prepared within the scope of work of he White House staff. Itrepresents a forgery, a felonies act, which is outside the realm of documentscovered by immunity.

Respectfully submitted,




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/s/ Dr. Orly Taitz ESQI, Lila Dubert, attest, that I served the Appellee through his attorney, USAttolneys'office on March 15, 2012 by first class mail

f\



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Page 1OFFICE OF STATE ADMINISTRATIVE HEARINGS

~ ~ ~ , z.urc,. C E ' V ~

DAVID FARRARLEAH LAXCODY JUDYTHOMAS MALARENLAURIE ROTH

v.BARACK OBAMA

STATE OF GEORGIA

Pla in t i f f s

Defendant

DOCKET NO.OSAH-SECSTATE-CE-1215136-60-Malihi

230 Peachtree St ree t , Su i t e 850Atlan ta , GeorgiaThursday, January 26, 2012

The above-en t i t l ed mat te r came on fo r hear ingpursuan t to Notice , a t 10:15 a.m.

BEFORE:MICHAEL M. MALIHI, Deputy Chief Adminis t ra t ive LawJudge



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Page 2APPEARANCES:FOR THE PLAINTIFF:

ORLY TAITZ, Attorney29839 S. Margari ta, Suite 100Rancho Santa Margari ta, California 92688

FOR THE DEFENDANT:(No appearance.)



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WITNESSES:David Far ra rChr is topher StrunkSusan Danie lsFe l i c i to PapaLinda JordanDouglas VogtJohn SampsonOrly Tai tz

EXHIBITS:P la in t i f f :1 - Strunk FOIA Request2 - Daniels Aff idav i t3 - Papa Aff idav i t4 - Jordan Aff idav i t5 - Vogt Af idav i t6 - Sampson Aff idav i t7 - (Unident i f ied on th e

Page 3I N D E X

DIRECT CROSS REDIRECT RECROSS58

101519223040

FOR IDENTIFICATION IN EVIDENCE

101419213039

record) 45



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Page 41 P R O C E E D I N G S2 JUDGE MALIHI: Counsel , would you i n t roduce3 yourse l f and your c l i e n t , please?4 MS. TAITZ: Yes. Orly Tai tz and I 'm represen t ing5 f ive c l i en t s - - Mr. David Farrar , who i s in th e courtroom.6 MR. FARRAR: Good morning, s i r .7 MS. TAITZ: Ms. Leah Lax, Ms. Laurie Roth, Mr.8 Thomas Malaren and Mr. Cody Rober t Judy.9 JUDGE MALIHI: Counsel , before you s t a r t , I 'm

10 going to give you two hours maximum, we w i l l conclude a t11 12:15.12 MS. TAITZ: Thank you, Your Honor.13 JUDGE MALIHI: And if you can do it a little b i t14 f as te r , I would apprec ia te it.15 MS. TAITZ: I'll do my b es t .16 JUDGE MALIHI: Thank you.17 MS. TAITZ: Mr. Far ra r , please .18 Jus t a quick in t roduct ion . Please provide fo r the19 Court your name and s p e l l your l a s t name.20 MR. FARRAR: David Farrar , F-a - r - r - a - r .21 MS. TAITZ: Mr. Far ra r , you can even s tand22 THE REPORTER: Wait . Got to swear the wi tness .23 Whereupon,24 DAVID FARRAR25 appeared as a witness here in and, having been f i r s t duly



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Page 5sworn, was examined and t e s t i f i e d as fo l lows:

DIRECT EXAMINATIONBY MS. TAITZ:

Q Are you a r eg i s t e r ed v o t e r in th e Sta te o fGeorgia?

A Yes, ma'am.MS. TAITZ: That ' s it, y o u ' ~ e excused.JUDGE MALIHI: Thank yo u very much.Counsel , hold on, hold on. What i s t h i s

( ind ica t ing)?(Witness excused.)

MS. TAITZ: This i s a c l i p from the news, j u s tshowing t h a t when MJ;'. Obama res ided in Indones ia , it shows abook o f records from Indonesia showing h is l a s t name in th eschool book o f records ' l i s t e d as Soetoro and na t iona l i tyIndonesian , n o t U.S. c i t i z en .

JUDGE MALIHI: I d o n ' t need to see th e video .MS. TAITZ: That ' s it.JUDGE MALIHI: Okay.MS. TAITZ: Can we go back a little b i t ?JUDGE MALIHI: Counsel , I d o n ' t see how t h a t ' s

r e l ev an t to th e i ssue before me.MS. TAITZ: Well, in orde r fo r one - - f i r s t o f

a l l , in orde r fo r one to be on th e b a l l o t in th e St a t e ofGeorgia, he needs to be under a name t h a t i s l ega l ly h i s .



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JUDGE MALIHI: You can argue t h a t to me, b u t I2 don ' t need to see th e video.3 MS. TAITZ: Okay, go to the next one.4 JUDGE MALIHI: What 's th e nex t one?5 MS. TAITZ: Okay, so - - okay, so , it s t a t es t h a t6 he was regis te red in the book o f records in the school in7 Indones ia where she ' s s tay ing , which was Basuki school in8 Jakar ta , Indonesia under l a s t name Soetoro . Next .9 I w i l l not go in to d e t a i l - - okay, let's s top here

10 - - I w i l l not go in to d e t a i l in to th e i ssue o f what na tu ra l -11 born c i t i zen i s because we have l imi ted t ime , a p r i o r12 counse l a l ready s t a t ed t h i s .13 JUDGE MALIHI: Counsel , please address th e Court ,14 not th e audience.15 MS. TAITZ: And I w i l l be using th e same precedent16 of Minor v. Happersett and I would a l so s t a t e t h a t s ince the17 Cons t i tu t ion was adopted, th e l ega l t r e a t i s e t h a t was18 commonly used by th e framers o f the Cons t i tu t ion was Emerich19 de Vat te l , a well-known20 JUDGE MALIHI: Counsel, are yo u arguing o r a r e you21 t e s t i fy ing?22 MS. TAITZ: That ' s my opening s ta tement .23 JUDGE MALIHI: Okay, please s tep up to th e podium.24 MS. TAITZ: Emerich de Vat te l , who was a wel l -25 known scho lar and co n s t i t u t i o n a l i s t and diplomat s t a t i n g



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Page 71 tha t natural-born ci t izen - - and it was a legal t rea t i se2 tha t existed a t the time the Constitution was adopted - -3 stat ing "natural-born ci t izen i s one :born in the country to4 parents who are ci t izens of the country."5 The f i r s t Just ice of the Supreme Court of the6 United States, John Jay, a well-known l e t t e r that was7 included in Federal ist Let ters, s ta ted to George Washington8 permit me to hint tha t it is important for the commander9 in chief to be a natural born-ci t izen, not to have a

10 foreigner.11 Lastly, there was a question in regards to the12 14th Amendment. And John Bingham, who was the framer of the13 14th Amendment, in the discussions in Congress re la t ing to14 the adoption of the 14th Amendment, specif ica l ly stated15 natural-born ci t izen is one who i s born in the country to16 parents who don ' t owe allegiance to other sovereignt ies .17 As we know, when Mr. Obama was born, his fa ther18 was a ci t izen - - actual ly a Bri t i sh c i t izen because in 1961,19 Kenya was part of - -20 JUDGE MALIHI: Counsel, l e t me stop you.21 Would you save your argument for the closing and22 l e t me hear from your witnesses. Your second witness,23 please .24 MS. TAITZ: Okay, Mr. Strunk.25 JUDGE MALIHI: Good morning, s i r .



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Page 81 MR. STRUNK: Good morning, Your Honor.2 Whereupon,3 CHRISTOPHER STRUNK4 appeared as a witness herein and, having been f i r s t duly5 sworn, was examined and te s t i f ied as fol lows:6 DIRECT EXAMINATION7 BY MS. TAITZ:8 Q Mr. Strunk, do you recognize th i s document?9 A My name i s Christopher Earl Strunk and I 'm from

10 New York. I 'd l ike to vote in Georgia, but it's not11 possible th is year.12 Q I 'm ju s t asking, do you recognize th is document?13 A Yes, tha t i s a portion of a l e t t e r which I14 received from the at torney for the Department of State, U.S.15 Department of Sta te .16 MS. TAITZ: Keep going, keep going, keep going,17 fur ther , more, more, more - - stop.18 BY MS. TAITZ:19 Q Okay, so now what is th is document? Is that the20 passport record of Stanley Ann Dunham, Mr. Obama's mother,2122232425

yes?A

QAQ

This is a renewal form.Okay.Taking him off of her passport .Yes. What is the l a s t name that is l i s ted there?



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Page 91 Can you please read the fu l l l a s t name fo r Mr. Obama on h is2 mother 's passpor t record?3 A Soebarkah, S-o-e-b-a- r -k -a-h .4 Q So in h is mother 's passpor t records , Mr. Obama i s5 l i s t ed under l a s t name Soebarkah, according to the records6 t h a t you personal ly received from the Sta te Department,789

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r ight?AQ

r ight?AQA

I c a n ' t draw a conclusion on t h a t .Okay, bu t t ha t ' s what i s wri t ten there , Soebarkah,

Yes. She wanted t h a t expunged from her record - Passpor t .- - which we never got . I t was delegated (ph.)MS. TAITZ: Okay, thank you, Mr. Strunk.JUDGE MALIHI: You may s tep down, s i r ; thank you.

(Witness excused.)17 MS. TAITZ: Next i s going to be - - and we' re going18 to submit in to evidence the records Freedom o f19 Information reques t and response t ha t was received by Mr.20 Strunk from the Sta te Department showing t h a t in h i s21 mother 's record, Mr. Obama was l i s t e d22 JUDGE MALIHI: Counsel, you d o n ' t need to t e l l me2324 MS. TAITZ: Okay. Next wil l be Ms. Susan Danie ls .25 THE REPORTER: Are we marking t h i s P-l?



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123456 Whereupon,

Page 10JUDGE MALIHI: Yes.

(The document referred to wasmarked for ident i f ica t ion asPlaint i f f ' s Exhibi t Number 1.)

(Witness excused.)

7 SUSAN DANIELS8 appeared as a witness herein and, having been f i r s t duly9 sworn, was examined and t e s t i f i ed as follows:

10 DIRECT EXAMINATION11 BY MS. TAITZ:12 Q Ms. Daniels, would you l ike to s ta te to the Court,13 what is your occupation?14 A I 'm a s ta te l icensed private invest igator in Ohio.15 Q How many years have you been a l icensed16 invest igator?17 A Since March of 1995.18 Q Did you te s t i fy in court?1920

AQ

Yes.Did you also te s t i fy before grand juries as an

21 invest igator?22 A Yes.232425

Q What - - did you invest igate the ident i f icat ionrecords for Mr. Obama?

A I was hired to look in to his background, and the



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Page 111 f i r s t th ing I found was a Soc ia l Secur i ty Number fo r him2 t h a t was i s sued in th e St a t e of Connect icut between th e3 years o f 1977 and ' 79 . And45678910111213

Q During t h a t t ime, Mr. Obama would have been 15-16years o ld . Where d id he res ide d id he res ide in th es t a t e o f Connect icut a t th e age o f 15 o r 16?

A No.Q Where d id he re s ide?A Hawaii .Q NowA And Soc ia l Secur i ty Numbers a re issued in th e

s t a t e t h a t you l i v e in when you apply fo r them.Q Okay. So what wa s your suspic ion? W h ~ t was your

14 profess iona l unders tanding - - what was your unders tanding as15 a p ro fes s io n a l i n v es t i g a t o r , what d id t h i s mean?16 A I ' ve looked a t thousands o f Soc ia l Secur i ty17 Numbers and I immediately knew it was f raudu len t .18 Q Thank you. Le t ' s cont inue , let's go higher and I19 would l i k e you to look a t th e next page - - one second.20 More, more, more, keep going, keep going . Down, little b i t21 down.22 Okay, so t h i s i s th e - - what was th e number, the23 Socia l Secur i ty Number ac tua l ly tha t was used?2425

AQ

042-68-4425.Now do th e f i r s t th ree d ig i t s o f Soc ia l Secur i ty



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Page 12Number signify the s ta te?

A Yes.Q So 042 i s what state?A Is Connecticut, 040 to 049 i s Connecticut.Q Ms. Daniels, I would l ike to point to those

numbers a t the bottom.A Right.Q Dates of bir th associated with Social Security

Number, and we see the f i r s t date of bi r th i s 1890 and - for Mr. Barack Obama, which means that i f Mr. Barack Obama,Mr. Barack Hussein Obama, was born in 1890, he would havebeen a hundred and

JUDGE MALIHI: Counsel, are you tes t i fying or areyou asking a question?

MS. TAITZ: Sure.BY MS. TAITZ:

Q What would be his age?A I can ' t figure - - I don ' t have enough f ingers.

But I have never - - in a l l the years I 've worked, I 've neverseen anything l ike th is . I 've seen where l ike the bottomtwo numbers were the American s tyle and the foreign s tyleappear, but never a number l ike 1890. And I believe tha tthe person that or igina l ly got the Social Security Numberwas born in 1890.

Q So what you're saying tha t it was a stolen Social



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Security Number.JUDGE MALIHI:THE WITNESS:JUDGE MALIHI:THE WITNESS:JUDGE MALIH!:

7 BY MS. TAITZ:

Page 13

Counselor, donlt lead the witness.I believe tha t - -You can ' t answer tha t .

Pardon me?You cannot answer tha t .

8 Q What i s your understanding, what does it mean?9 A I believed from the beginning it was fraudulent.

10 Q Yes. So - - and then we see 8/4/61 and 4/8/61.11 What does tha t mean?12 A That 's jus t two different styles of showing his13 bi r th cer t - - his bir th date. He was actual ly born on14 August 4, 1961.15 Q Now did you also check Mr. Obama"s phone records?16 A Firs t I ran the Social Security Number to check17 addresses and the same Social Security Number came up with18 addresses for him in Massachusetts, in I l l ino is , and in19 Washington, D.C. And along with those records were a phone20 number, and it was always the same phone number and21 occasional ly the year where it showed his date of bir th , it22 said 1890.23 I subsequently then checked the phone records for24 th i s phone number and found the same thing. I t would show25 intermittently the bi r th date, instead of August 4, 1961,



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Page 141 sa id 1890.2 Q Did you check - - d id you double-check the Socia l3 Secur i ty Numbers before and a f t e r t h i s one? From what s t a t e456789

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were those soc ia l secur i ty numbers?A I go t copies from th e Socia l Secur i ty

Adminis t ra t ion fo r th e Socia l Secur i ty Number ending in 24,which i s th e number immediately before h is , and 29, and Igot th e ac t u a l records , including th e handwri t tenapp l ica t ion fo r the number, because both those people a redeceased. And it showed t h a t those were both i s sued inMarch o f 1977, when he would have been 15.

Q So it i s your tes t imony t h a t the Socia l Secur i tyNumber t h a t Mr. Barack Obama i s using i s a number t h a t wasi s sued to somebody who res ided in the s t a t e o f Connec t i cu t - -

A That ' s what I bel ieve .Q - - in 1977.AQA

That ' s what I b e l i ev e .Anything e l se you 'd l ike to add?No.MS. TAITZ: Thank you. Thank you, Ms. Danie ls .

21 At t h i s poin t , I would l i k e to in t roduce in to22 evidence P l a i n t i f f ' s Exhib i t Number 2, Aff idav i t o f Ms.23 Susan Danie ls with the a t tached documents .24 (The ocument re fe r red to was25 marked fo r iden t i f i ca t ion as



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Fel ic i to Papa.Whereupon,

FELICITO PAPAappeared as a witness here in and, having been f i r s t dulysworn, was examined and t e s t i f i e d as fo l lows:

DIRECT EXAMINATIONBY MS. TAITZ:

Q Mr. Papa, can you please explain to th e Cour t whati s your education?A Okay, f i r s t I 'm or ig ina l ly from the Ph i l ipp ines

and then I 'm a natu ra l i zed born c i t i zen o f th e UnitedSta t e s .

And then I s tud ied in formation technology having19 graduated from IT T Technical In s t i t u t e in Ind ianapo l i s ,20 Ind iana . And from there , we s tud ied var ious sof tware l ike21 Adobe sof tware .22 JUDGE MALIHI: Si r , would you j u s t l i s t e n to th e23 quest ion and only answer th e quest ion?24 THE WITNESS: Okay.25 JUDGE MALIHI: Next quest ion.



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Page 15Pla in t i f f ' s Exhib i t Number 2 .)

(Witness excused.)MS. TAITZ: Next, my t h i rd - -JUDGE MILLER: Is it fourth o r th i rd?f \ l I r t m 7 l Iml? .. 1":"1_ .... _.&-....... . .. .......... _.,... _ .: _ ,..,,......: ....... _ 4-,..... '\..r..""" 1\1l'Y'>



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Page 16BY MS. TAITZ:

Q What - - so your educat ion i s in in formationtechnology?

A That ' s co r r ec t .Q From ITT. Mr. Papa, what kind o f sof tware do you

usual ly use in your work?A With web designing and development, it's a popular

sof tware to use Adobe Photoshop and Adobe I l l u s t r a t o r .Q Thank you. I 'm going to po in t to t h i s document.

I s t h a t th e a f f i d av i t t h a t you provided me?A That ' s t rue , yes.Q Now was t h a t th e b i r t h c e r t i f i c a t e - - o r a l leged

copy of a b i r t h c e r t i f i c a t e t h a t Mr. Obama posted onl ine?A That ' s co r r ec t .Q Now what - - okay, let's go to th e nex t page .

Okay, s to p .Now when Mr. Obama or ig ina l ly posted t h i s b i r t h

c e r t i f i c a t e , it was in a _pdf f i l e , was i t ?A That ' s cor rec t , yes.Q Was th e f i l e f la t tened, were a l l the l ayers o f

prepara t ion o f the f i l e f l a t t ened toge ther , o r not?A No, it was not f l a t t en ed , it was open.Q So when you opened t h i s document in Adobe

I l l u s t r a to r , d id yo u see one l ay e r or d id you see mul t ip lelayers?



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10111213141516171819202122232425

AQA

Page 17I saw mul t ip le l ay e r s , a t l e a s t s ix l aye rs .Okay. So i s t h i s one of the layers?It i s one of the bot tom l ayer .

Q Mr. Papa, I would l i ke to poin t to th e number a tthe top . We're see ing j u s t one d i g i t there , so where a rethe other d ig i t s ? Were they added in another l ayer?

A Yes, they were added from other graphics and addedto t h i s number.

Q So there was one document, and then from anotherdocument they added another p a r t of the document?

A That ' s cor rec t .Q I would l i ke to po in t to the s ig n a tu re , Stan ley

Ann and there i s only "D." There i s no "unham Obama,"it's missing. Was t h a t brought from another document?

A That ' s cor rec t .Q Now it was on th e i n t e r n e t when the o r i g i n a l of

th e document was posted t h a t there were l ayers and shor t lythe rea f te r when people opened in Adobe I l l u s t r a to r , therewere no l aye rs . What happened? Did somebody remove it andf l a t t en th e f i l e and put it back, or what happened?

A Nobody - - up to now, nobody has f la t tened thef i l e . Anybody who uses Adobe I l l u s t r a t o r can open th e f i l eand then they w i l l see mul t ip le l aye rs .

Q Okay. Now I 'm going to po in t to the nextdocument, th e next a f f i d av i t fo r Mr. Papa.



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Page 181 Now d id you a l so s tudy th e t ax re tu rns t h a t Mr.2 Obama pos ted on l ine in Apr i l o f - - s top - - in 2010?34

AQ

Yes, I did .Was there th e same problem of the f i l e , .pdf f i l e ,

5 not be ing f l a t t ened?6 A No, it wasn ' t . Orig ina l ly it wasn ' t f l a t t ened and7 anybody can open it and they would see a t l e a s t tw o l aye rs .8 Q When you looked a t th e l aye rs , I poin t to the9 number here a t th e bottom t h a t says 042-68-4425. That was

10 in one o f th e layers , r igh t?11 That ' s cor rec t .

131415

to?Q

AQ

That ' s co r rec t , yes .L e t ' s go to the next page . Okay. And here we see

it was6 it's another page in tax re t u rn , says 042-68-4425,17 the same Socia l Secur i ty Number t h a t Ms. Danie ls t e s t i f i e d18 to?192021

AQA

That ' s co r rec t .Afte r a few days was th e f i l e f l a t t ened?Actual ly a f t e r a day, then it was f l a t t ened , so

22 nobody could see the Socia l Secur i ty Numbers any more.23 MS. TAITZ: Thank you very much, Mr. Papa, t h a t24 would be a l l .25 I would l i ke to i n t roduce in to evidence a f f i d av i t s



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Page 191 from - - submitted by Mr. Papa in regards to the b i r th2 ce r t i f i c a t e and Socia l Securi ty Number o f Mr. Obama.3 (The document re fe r red to was4 marked fo r iden t i f i ca t ion as5 P l a i n t i f f ' s Exhib i t Number 3 .)6 (Witness excused.)7 JUDGE MALIHI: Counsel, who i s your next wi tness?8 MS. TAITZ: Yes, Your Honor, I 'm ca l l ing Ms. Linda9 Jordan.

10 JUDGE MALIHI: Good morning, Ms. Jordan.11 MS. JORDAN: Morning.12 Whereupon,13 LINDA JORDAN14 appeared as a witness here in and, having been f i r s t duly15 sworn, was examined and t e s t i f i ed as fol lows:16 DIRECT EXAMINATION17 BY MS. TAITZ:18 Q Ms. Jordan, do you recognize t h i s af f idav i t? I s19 t h i s an a f f i dav i t t h a t you provided fo r me?20 A Yes, it i s .21 Q Let ' s go fu r the r - - you know what, go to my s e t ,22 Orly ' s se t . I f you don ' t have it here , go to Orly ' s se t23 page. Keep going quickly, move, down, down, down, down.24 Keep going, keep going, keep going. More, more, more. Yes,25 stop.



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Page 20Okay, i s t h a t th e document t h a t was a t tached to

your af f idav i t?A Yes, one of them.Q I s t h a t E-Verify fo r Mr. Obama?A Yes.Q And i s t h a t the Socia l Secur i ty Number t h a t was on

Mr. Obama's t ax re tu rn , 042-68-4425?A Yes.Q Keep going, keep going - - higher - - no, down, down

little b i t . No, up, up, go up. Stop, down, down Iapologize . Up - - go down. Ju s t one second, please . More,more, more, more, more. Stop, s top .

Okay, little b i t lower, little b i t lower, little14 b i t lower. Li t t l e b i t lower so we can see what ' s on th e15 bottom t i e r o f t h i s .16 So, okay, what does it say here, "SSA record does17 not ver i fy"? I s t h a t what it says?18 A "SSA record does not ve r i fy . Other reason: SSA19 found a discrepancy in the record . "20 Q So the Socia l Secur i ty Number t h a t Mr. Obama i s21 using from ea r ly years , according to Ms. Daniels, and t ha t ' s22 l i s t e d on h is tax re tu rn , does not ve r i fy under E-Verify?23 A When I ran it on August 17th, 2011, it d id not24 ve r i fy , it came back with t h i s mark.25 MS. TAITZ: Thank you very much, Ms. Jordan.



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Page 211 At t h i s poin t , I would l ike to in t roduce in to2 evidence th e a f f i d av i t o f Ms. Jordan and th e E-Verify3 sta tement showing t h a t the Socia l Secur i ty Number t h a t Mr.4 Obama i s using does not ve r i fy under E-Ver ify .5 (The document re fe rred to wa s6 marked fo r iden t i f i ca t ion as7 Pl a i n t i f f ' s Exhib i t Number 4 .)8 (Witness excused.)9 JUDGE MALIHI: Who i s your next witness?

10 MS. TAITZ: Next witness i s going to be Mr.11 Douglas Vogt.12 JUDGE MALIHI: Good morning, s i r .13 MR. VOGT: Good morning.14 MS. TAITZ: One second, Your Honor, I 'm miss ing my15 page. I apologize .16 (Brief pause . )1718

Whereupon,DOUGLAS VOGT

19 appeared as a witness here in and, having been f i r s t duly20 sworn, was examined and t e s t i f i ed as fo l lows:2122232425

THE REPORTER: Tel l me your name, please .THE WITNESS: Douglas Vogt.THE REPORTER: Last named spe l led?THE WITNESS: V-o-g- t .

DIRECT EXAMINATION



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Page 231 anything t h a t you found to be susp ic ious . And I would l ike2 f i r s t to ask you whether there was halo ing on t h i s document.3 A Yes, th e haloing we' re re fe r r ing to i s around a l l4 the type and l i n e s , t he re ' s a white l i ne . At f i r s t , we5 d i d n ' t qui te know what it was u n t i l we f i n a l l y ac tua l ly6 repl ica ted the form and ac tua l ly redid the th ing and f igured7 o ut how the fo rger d id it.8 The haloing i s caused by what - - it's a subrout ine9 in Photoshop ca l led unsharp mask. Now you have to

10 unders tand, if a document l i k e t h i s has any evidence o f11 computer manipulat ion, it's a f raud. Since my exper ience i s12 se l l ing document imaging and ac tua l ly wri t ing t h a t kind of -13 - those kind of programs, t h i s i s what th e Department of14 Health should have done o r what they supposedly have done.15 They had these or ig ina l forms. There was a16 federa l law t h a t was passed in 2005 t h a t requ i red them to17 scan a l l th e documents - -18 JUDGE MALIHI: Counsel , what was your ques t ion - -19 hold on a second. What was your quest ion?20 BY MS. TAITZ:21 Q Mr. Vogt, so - - because we have very l imi ted t ime22 Judge a l ready s t a t ed we have l imi ted t ime - - so was there23 haloing?24 A Yes.25 Q Now normally, if you j u s t take a document, pu t it



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Page 241 in a scanner , would you see halo ing?23456

AQ

No, none whatsoever .I f you use mul t ip le documents and mul t ip le layers

and masking, w i l l you see ha lo ing then?A Yeah, if they used unsharp masks, you did .Q Okay, next poin t . When we ' re looking on th e l e f t

7 s ide of the document, we see s lop ing . Now if the document--8 A Curve of the page.9 Q if t h e i r document was j u s t scanned, was p u t in

10 th e scanner , would you see a l l o f th e l i ne s s lop ing o r would11 you see some o f th e l i ne s going s t ra igh t?12 A I'll exp la in . They sa id in t h e i r own tes t imony13 t h a t these documents were in books, th e o r i g i n a l s . So t h i s14 was ac tua l ly scanned on a f l a tbed scanner , 11 by 17. We've15 ac tua l ly rep l i ca t ed th e same th ing . And so th e p a ra l l ax o r16 t h a t curva ture would appear . You ' l l no t ice t h a t th e l i ne s171819202122232425

on th e bottom a re not bent , b ut the ones on top a re .Q That ' s not what I 'm asking.A That ' s why. But it would be normal if it was

scanned from a book.Q No, Mr. Vogt, I 'm ask ing , when there i s s lop ing - -

we unders tand t h a t you t ake a book, you take a pic tu re , yousee s lop ing . But when you have s lop ing o f th e l i n e , wouldyou a l so see each typed l ine to be s lop ing s imi l a r lywould you see tha t?



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123

t h a t .A

Q

Page 25From th e scanner? Yes, we repl ica ted it, we know

Was t h a t something t h a t you saw on Mr. Obama's4 b i r t h c e r t i f i c a t e , o r not?5 A Yes, on how they6 Q Wait789

10111213141516171819202122232425

AQAQ

- - copied it, yes .But were there l i ne s t h a t went s t ra igh t?Because I have to explain how a scanner works.No, no, we d o n ' t have t ime fo r t h a t .

A But bas i ca l ly t ha t ' s normal, we repl ica ted th esame th ing t h a t - -

Q Mr. Vogt, you ' re not l i s t en ing . I 'm asking you ifyou have s loping, if you j u s t go in the scanner and th el ines a re s loping, would you see a l l the l i ne s s lopings imi la r ly?

A No, if it was on a f l a tbed and it was j u s t a pieceof paper by i t s e l f , no.

Q Okay. Let ' s look a t th e next poin t . Go a littleb i t higher - - no, down. Okay. No, no, down, down, down.No. Stop, s top, s top.

We're looking a t th e stamp t h a t ' s on the document,th e da te stamp. I f somebody - - if it i s something t h a t wasj u s t scanned Mr. Vogt, something t h a t was scanned andwants to pu t a stamp here l ike t h i s - - stamp, stamp, stamp -



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Page 261 - would it be in the same spo t in a l l th ree copies or it2 would be d i f f e r en t a t d i f fe ren t poin ts?3 A They would be d i f fe ren t , to the ex ten t t h a t the4 other ones are separa te . And they ' r e ac tua l ly embossed5 stamps ac tua l ly .6 Q Okay, now another ques t ion . I f - - and in Mr.7 Obama's records , a l l th ree o f them, it was exac t ly in the8 same spo t9

10AQ

Yes.Another quest ion. When a person i s stamping the

11 date , he goes stamp, stamp, stamp, would it be a l i n e , pixe l12 by pixe l , in s t r a ig h t l i n e , o r would you expect it to be a13 little b i t sideways, a little b i t crooked?14 A No, they are too independent , they ' r e done by hand15 even though it's done by an embossing machine fo r both . We16 learned t ha t .1718192021

QAQAQ

Mr. Vogt, you ' re not l i s t en in g .I am.My quest ion i s , if a person i s doing it by hand - There won ' t be in exac t ly the same place .Okay. Would it be on the l i ne , would it be j u s t

22 on l i n e , p i x e l by pixe l , or would it be s lan ted a little23 b i t ?2425

AQ

It would be s lan ted .Was it s lan ted here?



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Page 27A No, they ' r e pe r fec t ly s t r a i g h t .Q So it looks d i f fe ren t from what you would expec t

with something coming from th e machine, r igh t?A Right .Q Next, in regards to t h a t stamp, would you expec t -

- i s it something - - Mr. Obama s t a t ed it was j u s t preparedand sen t to him, his a t to rney brought it r i g h t away - - so ifit's something t h a t came s t r a ig h t from th e machine and theyput embossed sea l , would you expec t to see a very c l e a rembossed sea l on t h a t document?

AQA

Yes, you would.Do you see it here?No, it's a l a t e n t l a t en t image, if you h i g h l i g h t

14 over by - - I can show you on here .15 Q Okay.16171819

AQAQ

Right about here ( ind ica t ing) .But it's hard to see .Oh, yeah.Next, would you - - now, th i s i s supposed to be a

20 copy o f a document crea ted in 1961, which was crea ted on a21 t y p ewr i t e r . On a t y p ewr i t e r , when you type l e t t e r by l e t t e r22 by l e t t e r , yo u don ' t see l e t t e r s encroaching on th e space - -23 JUDGE MALIHI: Counsel, i s t h a t a quest ion o r24 MS. TAITZ: A ques t ion , which i s - - I 'm j u s t25 e x p l a i n i n g - -



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Page 281 THE WITNESS: What 's the aberrat ions o f the2 t y p ew r i t e r - -3 BY MS. TAITZ:45678

Q Th e quest ion i s would you expect kerning o rencroachment o f one l e t t e r going in to space o f th e otherl e t t e r on a typewri t ten document?

A No. Typewriters bas ica l ly are e i t he r 12characters to an inch and they a l l fit in a spec i f i c box s ix

9 points wide.10 Q Okay. What about t h i s document, did you see11 kerning here?1213

A Yes, we did . I have examples o f it here , but wecan ' t show it.

14 Q Okay, okay. Yeah. So you would not expect15 kerning.161718

A Yes, There was a " t" and a "y" t h a t were kernedand a couple o f other l e t t e r s a l so .

Q Okay, doesn ' t mat ter which l e t t e r s .19 kerning here .

Yes.Next

So you sa w

202122

AQA Th e l e t t e r spacing was o f f too and the l ine

23 spacing too .24 Q What about, did you check - - can we go a little25 b i t higher - - in terms o f t h e i r number. The number ends with



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Page 29641. Did you check th e numbers, was t h a t sequen t ia l?

A No, it was hard f inding th e law, b ut both thethere was a Model Sta tes Vi ta l Sta t i s t i c s Act and in th eu.S. Department of Heal th and Education as wel l as theSocia l Secur i ty system t h a t both say in th e federa l regst h a t a l l b i r th c e r t i f i c a t e numbers have to be sequen t ia l andthey s t a r t from zero or one, January 1 a t 12:01 a.m.

Q Okay.A And they have to be sequen t ia l .Q Okay, Mr. Vogt - -A Hang on. In fac t , in th e Socia l Secur i ty system-

JUDGE MALIHI: Si r . J u s t wai t fo r th e nextquest ion.BY MS. TAITZ:

Q Okay, so I j u s t asked if it was sequen t ia l .A Yes.

17 MS. TAITZ: That would be it. Thank you very18 much, Mr. Vogt . And a t t h i s poin t - -19202122232425

(A document was marked fo riden t i f i ca t ion as P l a i n t i f f ' sExhibi t Number 5 .)

(Witness excused. )JUDGE MALIHI: Your l a s t witness .MS. TAITZ: Is Mr. Sampson.JUDGE MALIHI: Good morning, s i r .



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Page 301 MR. SAMPSON: Good morning, Your Honor. How a re2 you, s i r?3 JUDGE MALIHI: Very good, thank yo u fo r coming.4 Whereupon,5 JOHN SAMPSON6 appeared as a witness herein and, having been f i r s t duly7 sworn, was examined and t e s t i f i e d as fol lows:8 DIRECT EXAMINATION9 BY MS. TAITZ:10 Q Okay, Mr. Sampson, can you please s t a t e to th e11 Court , what i s your educat ion - - what i s your profess iona l12 exper ience?13 A Okay. Fi r s t , my f u l l name i s John, middle i n i t i a l14 N., l a s t name i s Sampson, S-a-m-p as in Paul -s -o -n .15 Educat ional ly , I rece ived a Bachelor o f Arts cum16 laude from Long Is land Univers i ty with a major in cr imina l17 j u s t i c e and minor in psychology. I at tended Thomas M.18 Cooley Law School in Lansing, Michigan fo r a period o f two19 years , I d id not graduate .2021

QA

And where did you work?Subsequent to t h a t , I was a pol ice o f f i c e r in the

22 Sta te o f New York fo r 18 months.23 Subsequent to t h a t , I was hi red by th e U.S.24 Immigrat ion and Natura l i za t ion Serv ice . Began my ca ree r a t25 John F. Kennedy Airpor t in 1981 in June as an immigrat ion



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Page 311 inspec to r . I received on- the- job t r a in ing and classroom2 i n s t ruc t ion a t Kennedy Airpor t . My in s t ruc to r was the3 i n t e l l i gence o f f i c e r fo r the a i rp o r t , who spec ia l i zed in4 fraudulent documents and immigrat ion f raud.5 I subsequent ly went in to the enforcement branch6 with Immigrat ion two and a h a l f years l a t e r and ul t imate ly7 became a sen ior depor ta t ion o f f i c e r where I remained in New8 York, then to New Jersey , back to New York and in 1985 - -910

QA

So you have many - -I moved to Colorado and I re t i red from u .S .

11 Immigrat ions and Customs Enforcement, Department o f Homeland12 Secur i ty , which was the successor agency to INS, in August13 o f 2008.14 Q Mr. Sampson, d id you t e s t i f y in cour t as an ex p e r t15 on immigrat ion and deportat ion?16 A I t e s t i f i e d before f ed e ra l grand ju r ies and17 admin is t ra t ive law judges18 Q Thank you.1920

AQ

- - in depor ta t ion .Thank you, Your Honor - - oh, I 'm sorry . Thank

21 you, Mr. Sampson.22 Because we have so little t ime, I j u s t want to23 move on.24 So you have extensive experience as a sen ior25 depor ta t ion o f f i c e r .



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12 records?

Page 32When i s the f i r s t t ime we discussed Mr. Obama's

3 A November of 2009, a f t e r I re t i red , I formed my own4 consul t ing f i rm, and have been employed - - self-employed5 s ince January of 2009 to t h i s date .678

QAQ

I s t h a t the af f idav i t t h a t you provided me?Yes, it i s .And i s t h a t an a f f i d av i t in regards to th e Socia l

9 Securi ty Number of Mr. Obama?10 A It's an af f idav i t of the number t h a t he i s using .11 Q What did you f ind in your profess iona l12 experience and knowledge, what did you f ind in regards to13 h is Socia l Securi ty Number?14 A When I ran the Socia l Securi ty Number through15 Locate Plus , which i s a commercial database t ha t ' s used by16 pr iva te inves t iga to rs and law enforcement personnel and17 a t to rneys , the only person who was assoc ia ted and a f f i l i a t ed18 with 042-68-4425 was Mr. Barack Hussein Obama. It gave me a19 list of h is addresses , dr ive r ' s l i cense informat ion , other20 background informat ion, possib le re l a t ives , e t ce te ra . It21 a l so ind ica ted t h a t the Socia l Securi ty Number was i s sued in22 1977 to a person res id ing in the s t a t e o f Connect icut a t the23 t ime t h a t t h a t number was ass igned.24 Q Was Mr. Obama - - d id Mr. Obama ever res ide in th e25 s t a t e o f Connecticut?



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Page 331 A Not to my knowledge, no. A ll th e in formation and2 data t h a t I have i s , spec i f i ca l ly in t h a t per iod o f t ime, he3 was res id ing with h is maternal grandparents Stanley Armour4 Dunham and Madelyn Payne Dunham 'in Hawaii .5 Q Did you a l so review the b i r th c e r t i f i c a t e - - the6 a l leged copy of a b i r t h c e r t i f i c a t e t h a t Mr. Obama posted789

onl ine?AQ

I ' v e seen it and I have a copy o f it, yes .Was there anyth ing susp ic ious about t h i s b i r t h

10 c e r t i f i c a t e ?111213

t e l l .A There a re th ree i ssues o f concern as fa r as I can

Number one, th e s e r i a l number t ha t ' s in th e upper14 r i g h t hand corner i s ou t o f sequence and - - when compared to15 two o th e r b i r t h c e r t i f i c a t e s i ssued to tw o twins t h a t were16 born th e day a f t e r Mr. Obama was born and whose c e r t i f i c a t e s17 were i s sued th ree days a f t e r h is was supposedly i s sued ,18 t h e i r s e r i a l numbers a re lower, although you would expect19 them to be higher , given th e fac t t h a t they were subsequent20 to h is .21 The second th ing i s t h a t th e c e r t i f i c a t i o n22 paragraph t h a t ' s contained in t h e i r b i r t h c e r t i f i c a t e s i s23 somewhat d i f f e r e n t than th e cer t i f i ca t ion paragraph t h a t i s24 contained in th e Obama b i r t h c e r t i f i c a t e .25 And l a s t , b u t not l e a s t , the name o f the l oca l



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Page 341 r e g i s t r a r fo r th e Obama b i r t h c e r t i f i c a t e i s d i f f e r e n t than2 the one on the Nordyke twins, and you would th ink t h a t given3 the fac t t h a t they were born within 24 hours o f each other ,4 the l oca l r e g i s t r a r would have been th e same given the fac t5 t h a t they were born in th e same medica l f a c i l i t y a t th e same6 loca t ion .7 Q Mr. Sampson, so what was your susp ic ion when you8 s tud ied the Socia l Secur i ty Number and th e b i r t h c e r t i f i c a t e9 of Mr. Obama, in your profess iona l opinion?

10 A In my opin ion , I bel ieve t h a t t h e r e ' s cred ib le11 evidence to warrant fu r ther inves t iga t ion and th e i ssuance12 o f cour t orders request ing th e unseal ing o f records in13 Hawaii as wel l as th e r e l ea se o f records from the Socia l14 Secur i ty Adminis t ra t ion as to who th e owner o f 0 4 ~ - 6 8 - 4 4 2 5 1516

i s .Q Mr. Sampson, Mr. Ken Allen t e s t i f i e d to th e fac t

17 t h a t he rece ived immigrat ion records o f Mr. Lolo Soetoro ,18 Mr. Obama's s t ep fa the r . Those were made publ ic . Did you19 s tudy t hose immigrat ion records?20 A I have a copy o f them and I have looked a t them,21 yes .2223

Q

A

Was there any redac t ing in t hose records?My unders tanding , reading th e l e t t e r , th e

24 t r ansmi t t a l l e t t e r , t h a t was accompanying the documents, th e25 A f i l e , what ' s ca l led th e a l ien f i l e or th e A f i l e , t h a t was



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Page 351 sen t to Mr. Allen, was t h a t they redacted a port ion of some2 o f the documents. I bel ieve s ix of them were redacted, and3 then there were seven pages t h a t were withheld in t he i r4 en t i re ty due to Pr ivacy Act concerns.5 Q Mr. Sampson, are there usua l ly redac t ions in th e6 records o f deceased individuals?78

AQ

No.So l e t ' s see, who could have been on the

9 immigrat ion records of Lolo Soetoro, who i s not deceased10 today? I s Mr. Soetoro decreased?11 A Mr. Soetoro i s deceased, Ms. Dunham i s deceased,12 the grandparents are deceased, Mr. Barack Obama, S r. i s13 deceased. Maya Soetoro-Ng was not born a t the t ime, and14 therefo re was not p a r t o f t h i s a t the t ime t h a t Stanley Ann15 Dunham pet i t ioned to have her spouse, Mr. Soetoro ,16 c lass i f i ed as an immediate re l a t ive so he could rece ive an17 immigrant v isa .18 Q So what would be your conclusion, who could have19 been l i s t ed on Mr. Soetoro 's immigrat ion records which was20 th e reason fo r redact ion?21 A The only person t h a t can come to mind would be22 Barack Hussein Obama, I I , also known as Barry Soetoro.23 Q Next quest ion, Mr. Sampson. In your opinion as a24 depor ta t ion of f ice r , if Mr. Barack Obama was a natural -born25 u .S . c i t i z en , he had a va l id u .S . c i t i zensh ip , and he never



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Page 361 l o s t th e c i t i z ensh ip while l iv ing in Indonesia , would he2 need immigration records , would he need to immigrate?3 A No, there would be no need fo r him to be i s sued an4 immigrant visa , he 'd be considered a u .s . c i t i zen , be able5 to t r ave l to th e United Sta tes as a c i t i z en .6 Q Knowing a l l th e informat ion t h a t you have in7 regards to Mr. Obama, what would be your conclusion and what8 do you bel i eve t h a t needs to be done - - o r what would you do9 in cases s imi l a r to t h i s with these kind o f records?

10 A It would warrant fu r the r i nves t iga t ion . What I11 would do if I was still working with Immigration, i s I would12 be ge t t ing th e or ig ina l s of the documents I j u s t mentioned.13 I would go to th e Socia l Securi ty Adminis t ra t ion and reques t14 a copy of the SS-5 which i s th e ac tua l handwri t ten15 app l ica t ion fo r a Socia l Secur i ty Number. I would a lso16 reques t th e Sta te of Hawaii submit a c e r t i f i e d copy of any17 b i r th records , so t h i s way we could ru le in o r ru le ou t18 whether or not he was born in Hawaii .1920

QA

How about immigrat ion and passpor t records?I would be going to the Sta te Department Office o f

21 Passport Services to see if there a re any u .S . passpor t s2223

i s sued .Q And if those a re not provided or the u .S . Attorney

24 i s not wil l ing to proceed with those s teps , what would you25 do?



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1 APage 37

Well f i r s t , l e t me c l a r i fy - - in the event we2 would be conducting an inves t iga t ion , it would pr imar i ly be3 a c r imina l inves t iga t ion to determine whether any charges4 should be f i l e d . And th e way th e procedure works i n f ed e ra l5 system i s t h a t you would do a repor t , submit it to the6 United Sta tes Attorney ' s Crimina l Divis ion , so t h a t they7 could review it and determine whether or not they would8 accep t it fo r prosecu t ion .9 Assuming t h a t they decl ined it, the a l te rna t ive

10 would be, if there was evidence to sugges t t h a t th e11 ind iv idual in quest ion was not a c i t i zen of the United12 Sta tes and in fac t had f a l s e ly claimed to be a U.S. c i t i zen ,13 t h a t person could be placed in depor ta t ion proceedings14 because fa l se ly claiming to be a u .S . c i t i zen i s a separa te15 and en t i r e ly s tandalone charge fo r depor ta t ion purposes .16171819202122232425

Q Would it be s u f f i c i en t fo r warrant fo r t h i sperson ' s ar res t?

A Well, t h a t would be how you would commence aremoval proceeding . You would reques t an admin is t ra t ivea r r e s t warrant s igned by the f i e ld of f i ce d i rec to r , not iceto appear in removal proceedings and a custody determinat ionto determine whether o r not the ind iv idual would be held incustody, re leased on t h e i r recognizance o r some o th e ra l t e rna t ive to detent ion such as e l ec t ro n i c ankle moni tor ingor something l ike t h a t .



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10

Page 38Q I unders tand . So j u s t to c l a r i fy fo r the Court ,

if t he u .S . Attorney re fuses to proceed - - to ac t - - as adepor ta t ion of f ice r , you would have been seeking a warrantfo r a r r e s t o f t h i s indiv idua l and deportat ion?

A I would be seeking a warrant o f a r r e s t and theni ssuance o f a not ice to appear on any ind iv idual who made afa l se cla im to United Sta tes c i t i z ensh ip , and who was notc lea r ly a c i t i zen or was c lea r ly admit ted fo r permanentres idence .

MS. TAITZ: Thank you, thank you, Mr. Sampson.11 At t h i s point , I would l ike to admit in to evidence12 the a f f i d av i t o f Mr. Sampson and the a t tached documents.13 JUDGE MALIHI: Thank you, s i r , yo u may s tep down.141516

THE WITNESS: Thank you, Your Honor.(Witness excused.)

JUDGE MALIHI: Counsel , I 'm ready to hear your17 c los ing argument .18 MS. TAITZ: Yes, Your Honor. I 'm j u s t going to19 give Mr. Sampson's a f f i d a v i t .20 I apologize .21 (Pause.)22 (The document re fe r red to was23 marked fo r iden t i f i ca t ion as2425

P l a i n t i f f ' s Exhib i t Number 6 .)MS. TAITZ: So what do we have in t h i s case?



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Page 391 We have records from Mr. Obama from Indones ia2 where he went to school and went under th e l a s t name3 Soetoro; na t iona l i ty , Indones ian.4 Keep going, keep going. Now - - s top .5 Now what ' s in te res t ing about those records from6 Indones ia t h a t we j u s t saw a minute ago, it s ta ted th a t Mr.7 Obama went to school in Indones ia from 19 - - I 'm sorry , from8 January 1s t , 1968 and here i s another p ic tu re . And t h i s i s9 a well-known pic tu re , it was publ ished in mul t ip le papers ,

10 o f smil ing Mr. Obama with h is f r i end ad it s ta tes "1969,11 t h i rd grade ." And t h a t ' s a pic tu re from Hawaii .12 So we have two records . We have a record from13 Indones ia where there i s a boy who goes by name Barry14 Soetoro, who a t l e a s t fo r a per iod of two years , 1968 and15 '69 , res ides in Indones ia and goes by name Barry Soetoro.16 We have another boy, who dur ing t h i s same t ime,17 1968 and '69 res ides in Hawaii and goes by name Barry Obama.18 And we have no idea which boy came back to t h i s19 country .20 Keep going. Next document - - t h i s i s Mr. Obama's21 app l ica t ion to become22 JUDGE MALIHI: Counsel, a re you t e s t i fy ing?23 MS. TAITZ: I can ac tua l ly t e s t i f y .24 JUDGE MALIHI: You don ' t have to . I asked you to25 do c los ing argument.



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have?

MS. TAITZ: I would l i k e to , yes.JUDGE MALIHI: No, no, no.

Page 40

MS. TAITZ: Actua l ly , s ince I was the oneJUDGE MALIHI: What persona l knowledge do you

MS. TAITZ: I personal ly obta ined those documents.7 JUDGE MALIHI: And - - no, no, no. That ' s not8 personal knowledge.9 MS. TAITZ: I have - - t h i s i s the o f f i c i a l law10 r eg i s t r a t ion t h a t was t h a t i s ava i l ab le on l ine . I11 personal ly downloaded it from onl ine records of the I l l i n o i s12 Bar. And t h a t ' s Mr. Obama's r eg i s t r a t ion as an a t to rney in13 the Sta te o f I l l i n o i s .14 And I would l i k e to t e s t i fy under oath . Actual ly15 not only t h i s , but other records s ince I was the one who did16 most of the research , I wi l l t e s t i f y .17 THE REPORTER: Raise your r igh t hand, please .18 Whereupon,19 ORLY TAITZ20 appeared as a witness here in and, having been f i r s t duly21 sworn, was examined and t e s t i f i ed as fo l lows:22 DIRECT TESTIMONY23 THE WITNESS: So, here, what i s impor tan t about24 t h i s record? It says f u l l l i cense name: Barack Hussein25 Obama. Ful l former names: None.



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Page 411 We've a l ready seen t h a t in h is mother 's records ,2 passpor t records , Mr. Obama i s l i s t e d by l a s t name3 Soebarkah. We've seen t h a t in h is records in Indones ia , he4 i s l i s t e d under name Soetoro .5 So, c lea r ly , Mr. Obama was committing per ju ry when6 he app l ied fo r t h i s record .7 I ac tua l ly personal ly contac ted the I l l i n o i s Bar8 and inqu i red about it. I was t o ld t h a t s ince Mr. Obama i s9 i n ac t i v e , it's not a problem.

10 I contac ted the Bar again and I demanded11 inves t iga t ion , a t which t ime, Mr. Obama's record as an12 a t to rney wa s changed from " inac t ive" to "not allowed to13 prac t i ce law." Mr. Obama has res igned from th e Bar, he gave14 up h is law l i c en se and I bel ieve it was - -15 JUDGE MALIHI: How i s t h a t re levan t , counsel , to16 the l ega l i ssues before me?17 MS. TAITZ: It's re levan t to the fac t t h a t he i s18 hiding h is iden t i ty under h is p r io r names - - Soetoro and19 Soebarkah. And we have a whole record o r Mr. Obama going20 through l i f e hiding records .21 Next - -22 JUDGE MALIHI: Counsel, I 'm going to ask you to23 submit your tes t imony in wr i t ing .24 MS. TAITZ: Sure, okay.25 JUDGE MALIHI: Le t ' s make a c los ing argument .



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Page 421 MS. TAITZ: Okay.2 Your Honor, U.S. c i t i zens have cherished3 Const i tu t iona l r igh t s , t he i r F i r s t Amendment r i g h t to - - fo r4 f ree speech. Voting i s a p o l i t i c a l speech t h a t i s extremely5 important . Our democracy res t s on t h i s . Women fought fo r6 years in suffrage movements fo r t h i s r i g h t to be able to7 vote . Minor i t i es r i g h t here in the south fought fo r t he i r8 r igh t .9 My c l i en t s are f igh t ing fo r t he i r r i g h t to vote10 fo r a person who i s l eg i t imate . They 're f igh t ing fo r t he i r11 r igh t to p a r t i c ip a t e in lawful e lec t ions t h a t are f ree from12 f raud and forgery . The Pl a i n t i f f s have shown, and th e13 witnesses t h a t t e s t i f i ed here have shown, t h a t not only14 there i s a Const i tu t iona l problem with Mr. Obama's15 e l i g i b i l i t y t h a t his fa ther was not a U.S. c i t i zen , b ut we16 have c lea r evidence o f f raud and forgery in Mr. Obama's17 b i r t h c e r t i f i c a t e , h is Socia l Securi ty Number, and s ince18 those are pr imary documents, a l l the other documents t h a t19 were i ssued based on those two.20 We also presented evidence showing t h a t Mr. Obama21 used other l a s t names Soetoro and Soebarkah - - and we do22 not have any evidence of him l ega l ly changing his name from23 Soetoro to Obama; and the f ac t t ha t he was a c i t i zen o f24 Indonesia . There i s no evidence to show tha t t h i s was25 changed.



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Page 431 Based on a l l th e above, the Pl a i n t i f f s submit t h a t2 they have proven they 've met t h e i r burden of proof and3 Mr. Obama should be found i ne l ig ib le .4 Moreover, I have i s sued a subpoena, Your Honor has5 s ta ted to Mr. Obama tha t t h i s subpoena needs to be honored,6 he should have been here with c e r t i f i e d documents with7 embossed sea l to show t h a t indeed he has anything. So f a r ,8 the only th ing t ha t Mr. Obama has shown i s a computerized9 image t h a t could have been created yes terday , t h a t he i s

10 post ing on mugs and te e s h i r t s . Mugs and tee sh i r t s are not11 a prima fac ie evidence.12 Not one s ing le judge in the country has found t ha t13 Mr. Obama i s l eg i t imate fo r pres idency. Al l the cases - -14 you know, we've heard in th e media f raudulent statements15 t h a t came from Mr. Obama's a t to rney , Mr. Jablonski , t h a t the16 i ssue was l i t i ga t e d , it was proven he i s e l i g i b l e . That ' s17 fraud. I t was never l i t i ga t e d on the meri t s . Not one judge18 s ta ted tha t Mr. Obama has a va l id b i r t h c e r t i f i c a t e . Not19 one judge s ta ted tha t he has a va l id Socia l Securi ty Number.20 Not one judge found t h a t Obama i s l ega l ly his name or t h a t21 the person s i t t i ng in th e White House i s indeed Barack22 Obama. I t was never heard on the meri t s , it was never heard23 in a cour t o f law on th e meri t s . And, therefo re , the24 Pl a i n t i f f s are asking to ru le on the meri t s .25 Also, because our repor t s a re due by February 5, I



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Page 441 would ask Your Honor for Let ters o f In te r roga to ry . I worked2 fo r th ree years t ry ing to get add i t iona l documents. I was3 th rea tened , defamed. And without Le t t e r o f In te r roga to ry4 from Your Honor to the F i r s t Circu i t Court in Hawaii to5 i ssue a loca l subpoena to th e Department o f Health , and6 Let te r o f In te r roga to ry to th e D.C. Court to g et Mr. Obama's7 passpor t , immigrat ion and soc ia l secur i ty records , we would8 not be able to g e t any or ig ina l records . So I would ask not9 only to f ind t h a t Mr. Obama i s not e l ig ib le based on the

10 documents t h a t we have, but also Le t t e r of In te r roga to ry so11 we can disc lose a l l of the or ig ina l records , if they ex i s t ,12 forward to the other s t a t es , so there w i l l be consis tency13 between a l ISO s t a t e s .14 And as Mr. Sampson has s t a t ed , if it would have15 been anybody e l se , it would have gone to a warrant fo r16 a r r e s t and depor ta t ion . We a re a l l equal under th e law in17 t h i s country . A person - - a poor person in the poor house18 o r a pres iden t in th e White House are a l l equal under th e19 law and I 'm asking Your Honor to hold Mr. Obama in contempt20 of cour t due to the fac t t h a t subpoena was i s sued and he21 i n t en t iona l ly disrespec ted and disregarded the subpoena.22

23Thank you, Your Honor.JUDGE MALIHI: Thank yo u very much, counsel . May

24 I have your exh ib i t s before we close?25 MS. TAITZ: Yes, Your Honor.



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Page 45(A document was prof fe red to th e repor t e r . )THE REPORTER: I d o n ' t know what t h i s i s .MS. TAITZ: Put the next number on it.

(The document re fe rred to wasmarked fo r iden t i f i ca t ion asP l a i n t i f f ' s Exhib i t Number 7 .)

7 JUDGE MALIHI: Ms. Tai tz , may I have your8 exh ib i t s?9

10(Documents were prof fe red to th e Cour t . )JUDGE MALIHI: This concludes th e hear ing fo r

11 today. Have a good day.12 MS. TAITZ: Thank you, Your Honor.13 (Whereupon, the hear ing was concluded a t141516171819202122232425

11:12 a .m.)



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Page 46C E R T I F I C A T E

I , Peggy J . Warren, do hereby c e r t i f y t h a t th eforegoing pages r ep resen t a t rue and accura te t r an sc r i p t i o nof the events which t r an sp i r ed a t the t ime and place se t ou tin t he cap t ion , to th e b e s t of my a b i l i t y .

Peggy J . Warren, CVR-CM, CCR A-171
