Motion to Dismiss - Hearing

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 REPORTER: v. IN THE CIRCUIT COURT

OF JEFFERSON COUNTY, ALABAMA

CIVIL ACTION NUMBER: CV 2012-00023 HAROLD SORENSEN,

Plaintiff,

MARK KENNEDY, CHAIRMAN OF THE ALABAMA DEMOCRATIC PARTY,

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BEFORE: LOCATION:

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Room 650

Defendant.

Honorable Helen Shores Lee Jefferson County Courthouse

716 North Richard Arrington Jr. Boulevard North Birmingham, Alabama 35203 Sheri G. Connelly, RPR

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HEARING January 17, 2012 8:55 a.m. Job No. 93628

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Motion to Dismiss - Hearing

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APPEARANCES

FOR THE PLAINTIFF:

Harold Sorensen, Pro Se Post Office Box 44

Laverne, Alabama 36049

FOR THE DEFENDANT:

Barry A. Ragsdale Meaghan E. Ryan

Sirote & Permutt, PC 2311 Highland Avenue South

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Birmingham, Alabama 35205 (205) 930-5100 bragsdale@sirote.com mryan@sirote.com

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

Reporter of Birmingham, Alabama, acting as Commissioner, certify that on this date, there came before me at the Jefferson County

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I, SHERI G. CONNELLY, RPR, a Court

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Motion to Dismiss - Hearing

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Courthouse, Room 650, 716 North Richard

Arrington Jr. Boulevard North, Birmingham,

Alabama 35203, beginning at 8:55 a.m., whereupon the following proceedings were had:

THE COURT:

morning on the motion for preliminary injunction filed by Mr. Harold Sorensen, who has

subsequently filed a motion to dismiss this

dismiss this suit, and Mr. Sorensen, you say you didn't get notice of this hearing until Friday?

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THE COURT:

morning.

Defendants have also filed a motion to

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MR. SORENSEN:

Friday afternoon.

that's when I first started to work with the thing and with it being a holiday weekend, there's just nothing I could do. Okay. Well, the Court

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finds that this motion is due to be dismissed, not necessarily because you didn't get notice until Friday but because the Court has no jurisdiction to hear this motion pursuant to our Code, 17-16-44, of the Code of Alabama, the

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Okay. We're here this I got it in the mail By the time I got home,

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Court does not have jurisdiction to entertain these proceedings and that's why this suit is being dismissed.

I'm also going to dismiss this suit with prejudice.

the defendant's costs and attorneys' fees for having to respond to this suit and said costs and attorneys' fees are to be paid within 45 days.

even say a word but Mr. Sorensen also filed a motion to recuse, which I -- unfortunately I

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money.

think the Court has to address if the Court has not already addressed it but I -- just so the record is complete. THE COURT: Is clear, yeah.

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Mr. Court -- I mean, Mr. Sorensen. MR. SORENSEN: I'm a retired senior

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

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THE COURT:

MR. RAGSDALE:

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motion asking this Court and this judge to recuse herself on the basis of bias. Would you

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Your Honor, I hate to Okay. You also filed a

In addition, I'm going to award

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Motion to Dismiss - Hearing

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 race. like to stand and address the Court as to -MR. SORENSEN: good, ma'am.

THE COURT:

you have asked the Court -- you asked me to recuse myself on the basis of bias.

the basis of your seeking to have me recused on the basis of bias.

MR. SORENSEN:

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THE COURT: THE COURT:

not because of racial.

MR. SORENSEN:

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reason?

MR. SORENSEN:

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court, observing you last week, I decided that I wouldn't stand a chance in your court and with the comments that you made that was in the newspaper down in Florida about baggage of bigotry, I decided that the best thing is just to end this thing. of this. I just can't take any more

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I'm not feeling very Well, it's certainly I'm sorry? It was not because of What was it? After watching you in

You can remain seated but

So what was

What was the

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Motion to Dismiss - Hearing

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THE COURT:

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Okay.

MR. SORENSEN:

and I have been -- helping me in court and stuff like that. This is just not right. MR. RAGSDALE: THE COURT:

MR. RAGSDALE: don't think it's right.

you filed a lawsuit challenging the President's

I know you have been in communication with the other plaintiffs that have brought these

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lawsuits.

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qualifications, second time it's been dismissed.

This needs to stop, Mr. Sorensen. I wish you had a lawyer

needs to stop today.

but in some ways I'm glad you do not because if a lawyer would have filed the motion to recuse that you filed, he and I would have more than words. Judge, that was scandalous. It was

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uncalled for.

You owe this Court an apology. I can apologize but I

MR. SORENSEN:

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just -- I just feel that this whole thing is embarked under Title 18 where as a citizen, I am required to report to the judiciary or someone

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I know Judge Kennedy Can I speak to that? Yes. I agree with you, I

This is the second time

It

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 of authority and I felt that I've done that. The case he's talking about, yes, it was dismissed. the judge.

I filed a judicial complaint against His court docket showed that ten

minutes -- that he dismissed the case and ten

minutes later he set the case and all they sent me was that I had a case on May 4. A week

before that I went into that court to -- with subpoenas to bring it together and the court

laughing at me and I was told then that my case was dismissed and that's the first that I know

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as well.

that that case was dismissed, but it was not against President Obama. It was against McCain

and the Democratic party for putting up citizens or putting up candidates for the ballot that are not natural-born citizens. McCain had a -- had the parents but he He was born in Cologne,

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did not have the soil.

a foreign country, in their city hospital. Obama was born in Hawaii. There's no record to

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

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clerks were snickering and stuff and they were

It was against the Republican party

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Motion to Dismiss - Hearing

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 thing? that but he doesn't have citizen parents.

8
His

father is from Indonesia and is British born.

Obama has said in his books at the time of birth he was a British subject. Well, if you're a

British subject at birth, 40 years later you

can't turn around and change your lineage to a natural-born citizen and that's what I'm upset about. I'm just a citizen. I'm a retired

military DoD employee 30 years.

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go back home and go to bed. MR. RAGSDALE:

If Mr. Sorensen is sincere in that and

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has no intention to file another lawsuit or to sponsor another lawsuit or collaborate in filing another lawsuit, the Democratic party has no interest in chasing after a retired veteran. that remains true through this election cycle, then the Democratic party will not seek to collect fees and costs from Mr. Sorensen but -MR. SORENSEN: MR. RAGSDALE: Thank you. -- I need to say this, If

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Mr. Sorensen.

If you go out there and I read

about on the internet you bad-mouthing this

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I'm done. May I say one more

I just want to

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Honor. Court or talking ill about this result, you will feel the full wrath that I can bring. you. Thank

THE COURT:

get out an order dismissing this suit with

prejudice and we'll withhold the costs and the attorneys' fees. We will just withhold that. Thank you, Your

MR. RAGSDALE:

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THE COURT: THE COURT: THE COURT:

THE COURT:

MR. SORENSEN:

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more thing.

I hope you understand,

Mr. Sorensen, about this Court jurisdiction in terms of being able to hear such a case. understand that statute? MR. SORENSEN: I didn't -- wasn't able Do you

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to get the statute that you were referring to, 17-16? 17-16-44. Okay.

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MR. SORENSEN:

jurisdiction stripping statute and it provides

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Okay. Okay. Thank you, Judge. It's known as the

Then the Court will

Well, let me just say one

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 that "No jurisdiction exists in or shall be

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exercised by any judge or court to entertain any proceeding for ascertaining the legality,

conduct, or results of any election, except so

far as authority to do so shall be specially and specifically enumerated and set down by statute; and any injunction, process, or order from any judge or court, whereby the results of any election are sought to be inquired into,

certificate of election is sought to be inquired into or questioned, save as may be specially and

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specifically enumerated and set down by statute, shall be null and void and shall not be enforced by any officer or obeyed by any person." mean, do you understand that? MR. SORENSEN: THE COURT: Yes, ma'am. I

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questioned, or affected, or whereby any

MR. RAGSDALE:

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MR. SORENSEN:

(Whereupon, the hearing was concluded at 9:04 a.m.)

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Okay. Thank you, Your Okay.

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CERTIFICATE

STATE OF ALABAMA JEFFERSON COUNTY

I hereby certify that the above and foregoing deposition was taken down by me in

stenotype and the questions and answers thereto were transcribed by means of computer-aided

a true and correct transcript of the testimony given by said witness upon said deposition.

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/s/ Sheri G. Connelly SHERI G. CONNELLY, RPR ACCR No. 439, Expires 9/30/2012

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counsel, nor of kin to the parties to the action, nor am I in anywise interested in the result of said cause.

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transcription and that the foregoing represents

I further certify that I am neither of

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WORD INDEX

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DEFENDANT: 2:8 Defendants 3:10 defendant's 4:6 DEMOCRATIC 1:9 7:16 8:15, 18 deposition 11:7 deposition. 11:12 did 7:20 didn't 3:12 dismiss 3:9, 11 4:4 dismissed 7:3, 5, 12, 13 dismissed, 3:19 dismissed. 4:3 6:10 dismissing 9:5 do. 3:17 docket 7:4 DoD 8:9 done. 8:10 don't 6:8 due 3:19 <E> election 8:17 10:4, 9, 11 embarked 6:22 employee 8:9 enforced 10:14 entertain 4:1 10:2 enumerated 10:6, 13 even 4:11 exercised 10:2 exists 10:1 Expires 11:21 <F> far 10:5 father 8:2 feel 6:21 9:2 feeling 5:2 fees 4:6, 8 8:19 9:7 felt 7:1 file 8:13

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