Case 8:09 CV 00082 Doc An

Case 8:09-cv-00082-DOC-AN Document 341 Filed 08/01/2009 Page 1 of 8
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Dr. Orly Taitz
3 Attorney-at-Law
Orly Taitz Law Offices
4 26302 La Paz, Suite 211
Mission Viejo, California 92691
5 Telephone: (949) 683-5411
E-Mail: dr_taitz@yahoo.com
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UNITED STATES DISTRICT COURT
7 FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA (SOUTHERN) DIVISION
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Captain Pamela Barnett, §
9 Lt. Colonel Richard Norton Bauerbach §
10 Captain Robin D. Biron §
Colonel John D. Blair, §
11 Mr. David L. Bosley, §
Ms. Loretta G. Bosley, §
12 Captain Harry G. Butler, §
Representative Glenn Casada, Tennessee §
13 Jennifer Leah Clark, §
Representive Timothy Comerford, NH §
14 Charles Crusemire, §
Representative Cynthia Davis, Missouri § Civil Action No.:
15 Chief Warrant O. Thomas S. Davidson § SACV09-00082-DOC (Anx)
Matthew Michael Edwards, § TRIAL-BY-JURY
16 Lt. Jason Freese, § DEMANDED
17 Mr. Kurt C. Fuqua, §
Officer Clint Grimes, §
18 Representative Casey Guernsey, Missouri §
Julliett Ireland, §
19 D. Andrew Johnson, §
Israel D. Jones, §
20 Timothy Jones, §
Alan Keyes, Ph.D., §
21 Commander David Fullmer LaRoque, §
Gail Lightfoot, §
22 Lita M. Lott, §
23 Major David Grant Mosby, §
MSGT Steven Kay Neuenschwander, §
24 Representative Frank Niceley, Tennessee §
Retired Senator Jerry O’Neil, Montana, §
25 SFC E7 Robert Lee Perry, §
Representative Larry Rappaport, NH §
26 Colonel Harry Riley, §
Sergeant Jeffrey Wayne Rosner, §
27 MSGT Jeffrey Schwilk, §
Captain David Smithey, §
28 Lt. Commander John Bruce Steidel, §
DR. ORLY TAITZ
SPECIAL MOTION FOR LEAVE TO PERPETUATE TESTIMONY, FOR THE PLAINTIFFS
PRESERVE EVIDENCE, and TO FILE AND TRANSMIT LETTERS 26302 LA PAZ SUITE 211
MISSION VIEJO, CALIFORNIA 92691
ROGATORY PURSUANT to 28 U.S.C. §§1781(a)(2)-(b)(2) (949) 683-5411
E-MAIL: DR_TAITZ@YAHOO.COM
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Cmdr. Douglas Earl Stoeppelwerth §
3 Thomas J Taylor, §
4 Representative Eric Swafford, Tennessee §
Captain Neil B. Turner, §
5 Richard E. Venable, §
LCDR Jeff Graham Winthrope, and §
6 Lt. Colonel Mark Wriggle, §
Plaintiffs, §
7 §
v. §
8 §
Barack Hussein Obama, §
9 Michelle L.R. Obama, §
Hillary Rodham Clinton, Secretary of State, §
10 Robert M. Gates, Secretary of Defense, §
11 Joseph R. Biden, Vice-President and §
President of the Senate, §
12 Defendants. §
13 SPECIAL MOTION FOR LEAVE TO CONDUCT PRE-RULE 26(f)
DISCOVERY
14 TO DEFENDANT HILLARY RODHAM CLINTON and
15 CERTAIN NON-PARTY WITNESSES
TO PERPETUATE TESTIMONY, PRESERVE EVIDENCE, and to
16 TRANSMIT LETTERS ROGATORY PURSUANT to
28 U.S.C. §§1781(a)(2)-(b)(2)
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The undersigned counsel for Plaintiffs has acquired possession of a color copy
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of one certain document (attached as Exhibit A to this motion), regarding which
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there are no ready means of authentication except by recovery of the original
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document. As should be apparent from the nature and content of the document, if
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authenticated, and shown to be genuine, the contents of this document will
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significantly narrow and shorten the discovery and pre-trial litigation period
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necessary in this case, and might lead to an early resolution by settlement or transfer
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of these proceedings to the United States House of Representatives and Senate
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according the procedures outlined in the Constitution.
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It is also apparent (and hearsay evidence available to Plaintiffs’ counsel
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aggravates her concerns) that political pressure may be brought to bear to destroy all
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DR. ORLY TAITZ
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3 relevant evidence, whether such evidence exists within or outside the borders of the
4 United States of America.
5 It would appear to the undersigned counsel that either 28 U.S.C. §1781(a)(2)
6 or 28 U.S.C. §1782(b)(2) or some combination of these statutory authorizations
7 outlines the procedures by which to transmit letters rogatory and other requests to the
8 proper authorities abroad in Kenya and the United Kingdom of Great Britain and
9 Ireland.
10 For two classes of evidence at issue here, namely all requests for relevant
11 passport materials and other documents existing within the United States of America,
12 as well as all requests to be made through diplomatic channels to foreign tribunals,
13 Defendant HILLARY RODHAM CLINTON is the Secretary of State of the United
14 States of America, and accordingly, Secretary Clinton is the first and primary proper
15 target of letters rogatory to be submitted pursuant to 28 U.S.C. §1781(a)(2).
16 FIRST, Plaintiffs pray that this court authorize Plaintiffs to issue a special
17 subpoena for deposition duces tecum to Secretary HILLARY RODHAM CLINTON
18 be cited to appear within 21 days pursuant to (or in the letter and spirit of) Rule 27 of
19 the Federal Rules of Civil Procedure (even though this action has been filed and
20 served, many months will pass before the Rule 26(f) Conference can be held to plan
21 for discovery among the parties). The purpose of Rule 27, even though designed for
22 pre-filing discovery, is fulfilled and relevant here, in that some (above-noted)
23 hearsay evidence exists that an individual involved in the examination of passport
24 files at the United States Department of State relating to and involving certain 2008
25 Presidential candidates may have been killed in relation to such inquiry. Last year it
26 was announced by former secretary of State Candoleeza Rice that there was
27 tampering with the passport records of three major presidential candidates and it was
28 investigated by the inspector general. Lt. Querl Harris was one of the suspects in
DR. ORLY TAITZ
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3 passport tampering scandal. Washington post has announced that he was cooperating
4 with the FBI and shortly thereafter he was found dead, shot in the head, sitting in his
5 parked car. This case remains open and unresolved. Under such circumstances,
6 “perpetuation of evidence” becomes a more and more significant and time-sensitive
7 issue.
8 SECOND, Plaintiffs pray that this court will send a request for letters rogatory
9 pursuant to 28 U.S.C.§1781(a)(2) to Defendant HILLARY RODHAM CLINTON
10 and other relevant officers in the United States Department of State to issue and
11 transmit letters rogatory through proper diplomatic channels to the following foreign
12 offices of public record and vital statistics:
13 For the Republic of Kenya:
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KENYA
15 The Principal Civil Registrar
Dept of Civil Registration
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Office of the President
17 PO Box 49179
Nairobi
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Kenya
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Tel: 227461
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21 And/or
22 Office of the Principal Registrar
23 Deputy Registrar
Births, Deaths, and Marriages for the
24 Coast Province of Kenya
25 (or its modern successor, equivalent jurisdiction) in and for
MOMBASA, KENYA
26 (formerly British East Africa)
27 and/or
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DR. ORLY TAITZ
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3 KENYA HIGH COMMISSION
45 PORTLAND PLACE
4 LONDON W1B 1AS
5 TEL NO. 020 7636 2371
6 E-MAIL: INFO.UK@KENYAHIGHCOMMISSION.NET
7 INFO.UK@KENYAHIGHCOMMISSION.NET
HTTP://WWW.KENYAHIGHCOMMISSION.NET/
8 SEARCHCERTAPPFORMS.HTML
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And/or
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11 www.direct.gov.uk
General Register Office
12 http://www.gro.gov.uk/gro/content/certificates/contact_us.asp
13 Certificate Services Section
http://www.direct.gov.uk/en/TravelAndTransport/Passports/
14 WhoiseligibleforaBritishpassport/DG_174145
15 General Register Office
PO Box 2
16 SOUTHPORT
17 PR8 2JD
Tel: +44 (0) 845 603 7788 (8am to 8pm Monday to Friday. Saturday 9am to
18 4pm).
19 THIRD and in the alternative, Plaintiffs pray that this court issue and transmit
20 letters rogatory and requests directly to each of the above-and-foregoing listed
21 foreign offices or agencies (or to the relevant tribunals with appropriate jurisdiction
22 in the relevant countries) without the intervention or assistance of Defendant
23 HILLARY RODHAM CLINTON and/or other officers of the Department of State
24 and/or the Department of Justice of the United States of America.
25 It is urgent that this request be prosecuted prior to the normal onset of discovery in this
26 case, again, according to the general letter and spirit of Rule 27 of the Federal Rules of Civil
27 Procedure regarding the perpetuation of testimony. There has never been a constitutional challenge
28 to the identity and eligibility of a sitting President of the United States and so there are no direct
DR. ORLY TAITZ
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3 precedents regarding this matter, but it is fairly safe to say that the potential consequences and
4 fallout from this present filing being made public will be severe and significant, even though the
5 undersigned counsel makes absolutely no pre-judgment or prediction regarding the actual
6 authenticity of the document of which only a color copy taken by a camera at an odd angle, which
7 is attached herein as Exhibit A.
8 PRAYER FOR RELIEF
9 For all of the above-and-foregoing reasons, Plaintiffs pray that this
10 court will grant leave to the Plaintiffs to conduct the aforementioned
11 special discovery immediately and prior to the normal Rule 26(f)
12 Conference, pursuant to Rule 27 and all or some subset of the procedures
13 authorized in 28 U.S.C. §§1781(a)(2)-1781(b)(2). Although the urgency of
14 this request cannot be overstated, 21 days is the normal time for service
15 of such a request as this under Rule 27 of the Federal Rules, and the
16 undersigned counsel reminds the Court that she will be out of the United
17 States from August 2, 2009, to August 24, 2009.
18 Respectfully submitted,
Saturday, August 1, 2009
19 Lughnasadh/LaLunasa
20 By:________________________________
21 Dr. Orly Taitz, Esq. (SBN 223433)
Attorney for the Plaintiffs
22 26302 La Paz, Suite 211
23 Mission Viejo, California 92691
24 Telephone (949) 683-5411
25 E-Mail: dr_taitz@yahoo.com
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DR. ORLY TAITZ
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3 PROOF OF SERVICE
4 I the undersigned Charles Edward Lincoln, being over the age of 18 and not a
5 party to this case, so hereby declare under penalty of perjury that on this Saturday
6 August 1, 2009, I provided facsimile copies of the Plaintiffs’ above-and-foregoing
SPECIAL MOTION FOR LEAVE TO CONDUCT PRE-RULE 26(f)
7 DISCOVERY
8 TO DEFENDANT HILLARY RODHAM CLINTON and
CERTAIN NON-PARTY WITNESSES
9 TO PERPETUATE TESTIMONY, PRESERVE EVIDENCE, and TRANSMIT
LETTERS ROGATORY PURSUANT to 28 U.S.C. §§1781(a)(2)-(b)(2)
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to all of the following non-party attorneys whose names were affixed to the
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“STATEMENT OF INTEREST” who have appeared in this case in accordance with
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the local rules of the Central District of California, to wit:
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THOMAS P. O’BRIEN
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LEON W. WEIDMAN
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ROGER E. WEST
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DAVID A. DeJUTE
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FACSIMILE (213) 894-7819
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DONE AND EXECUTED ON THIS 1st day of August, 2009
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22 Charles Edward Lincoln, III
charles.lincoln@rocketmail.com
23 Tel: (512) 923-1889
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DR. ORLY TAITZ
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Exhibit A:
10 Unauthenticated Color Photocopy of
11 Certified Copy of
12 Registration of Birth from the
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Coast Province of Kenya
15 District of Mombasa
16 District Registry Office
17 Office of the Principal Registrar
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Republic of Kenya, issued on the
17th day of February, 1964
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DR. ORLY TAITZ

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Case 8:09-cv-00082-DOC-AN Document 341 Filed 08/01/2009 Page 1 of 8

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