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BARNETT|KEYES ORAL ARGUMENT - MAY 2, 2011

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(AS RELATED BY STERNGARD FREIGEN OF THE FOGBOW)

Orly Taitz has just finished her "argument." Woody

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Allen would be proud. During her argument the judges sat in

stunned silence while she rambled on for 10 minutes ,touching

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on every issue except the selective service number.

But first let's take it in chronological order.

During the recess the two sides assembled. The government

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counsel to the right (the bride's side) and Taitz and Kreep to

the left (the groom's side).

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Government counsel went over to the appellants' table
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and shook hands with Taitz and Kreep.

Berg came up with five other people and sat in front of

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the bar directly behind the lectern.

While Kreep and Taitz shared the counsel table, Kreep

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waited as long as he could before he finally had to sit down

before the judges came in. When he did sit down, he sat as far

away from Taitz as he could. They did not look at each other.
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The courtroom self-silenced at 11:46 a.m. and argument began

seven minutes later. Just before Berg went in front

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of the bar, someone in the courtroom gave him a piece of paper

that asked him to stop underlining the word "not" in his papers

he filed in court. We all saw this before it was given to him.

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Before argument begins, I note that the room is crawling

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with undercover marshals plus 11 law clerks/research attorneys

who are sitting in the places reserved for court staff. In

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addition, the scum of birther disroyalty is here, Pamby and

William Wegener being two of the most prominent, but lots of

other poorly-dressed elderly people are here as well, several

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of whom shake Taitz's hand just before the judges enter.

As the judges enter Kreep steps up to the lectern right

away.

Foundation.
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He says he's there on behalf of the U.S. Justice

After the start, Judge Berzon has both hands on her

chin, Judge Pregerson is drinking her coffee and Judge Fisher

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looks very attentive.

Fisher asks the first question of Kreep: "What's the

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ultimate relief you are seeking?" And Kreep says, "It's in our

Second Amended Complaint. We want a declaration as to whether

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or not Obama is eligible to serve. Fisher asks what the remedy

is. Kreep says it's a declaration.

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Fisher asks, "What are you asking to federal district

court to do next"? The eyes of six judges bore into Kreep's

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skull during these questions and Kreep can't answer them

directly.

Judge Berzon wants to know if Kreep's clients are the

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former candidates, and she notes that the case was not filed

until after the election was over and Obama was sworn in. She
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wants to know, since it's post election, what gives any

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candidates standing over anyone else.

Berzon hones in on the standing issue, and she says it

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simply "Why are your clients different from anybody else?"

As Kreep answers, with his typical nonsense, there is a

look of disbelief on Judge Berzon's face.

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Judge Pregerson has his hand on his chin and is very

quiet. In fact, Judge Pregerson says nothing, asks no

by Kreep.
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questions during the entire presentation.

Judge Fisher then disputes a mootness claim being made

Fisher says this is something that if it recurs

again can be dealt with before the election takes place. And
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Fisher says, all we have here is a standing issue.

During Kreep's argument Taitz has an embarrassed smile

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on her face and occasionally takes a note or two.

Kreep tries to move to the political question issue but

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Judge Berzon goes back to standing, and she says, "If you don't

have standing, we don't get to the political question issue."

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Berzon then asks, "What is your injury"? Kreep says his

candidates didn't have a level playing field.

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Berzon says, "But the election is over. You filed too late."

In response to this Kreep says he'll defer to Taitz on that.

In other words, it's Taitz's fault that they filed too late.
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Fisher starts leafing through the briefs to his right as

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he formulates another question. Pregerson continues to channel

Clarence Thomas and says not a word.

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Fisher says, "This case is not in the posture of a

campaign where minor parties could raise a challenge during the

campaign." Fisher says, "You didn't file a claim at a time

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when the kind of relief you are seeking would be possible."

But Judge Fisher also notes that "In 2012 there is nothing

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preventing you from filing another lawsuit then."

Kreep, in response, cites a North Dakota case Moody,

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where the governor was removed by the state supreme court after

he was sworn in because he didn't meet the residency

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requirements.

Berzon then says, "But if Obama were removed,

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Joe Biden be president and your clients would still be where

they were before."

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Pregerson is now hiding behind his hands on the bench.

Kreep argues "We have a man who arguably is not a citizen of

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the United States who is president."

Fisher says the Constitution allows these issues to be

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raised at appropriate stages, such as at the electoral college

or based upon the 22nd and 26th amendments. "What," asks

Judge Fisher, is the role of the federal court? The

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Constitution has provisions about how a sitting president can

be removed.
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Kreep then falls back on the fantasy argument that if

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Obama wasn't eligible he was never president and couldn't be

impeached. His green light is still on. He's 13 minutes into

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argument so he's eating some of Orly's time.

Kreep does sound like an appellate lawyer, even though

he has a terrible case because the facts and the law are both

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against him.

We're 14 minutes in and all three judges look completely

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unconvinced as Kreep argues that people need a remedy.

then moves on to McCain's situation, and lies.

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Congress held hearings on McCain and found that McCain was

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eligible because he had two citizen parents.

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Kreep starts to dip into that hellism. Fisher asks

Kreep how the McCain hearings came about and Kreep lies his ass
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off.

The problem with this argument by Kreep is he's arguing

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Congress is competent to hold hearings on eligibility, and

after Judge Fisher has maneuvered him into this position,

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Judge Fisher then asks Kreep, "Well, why don't you just

petition Congress."
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Kreep sees his yellow light is on and reserves two

minutes.

Taitz comes up to the lectern and begins to fumble

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around. There is no time left on the clock. She whines about

it in a small, coquetteish voice to the judges, and Judge

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Pregerson explains to her that when she starts the green light

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will go on and the clock will start.

Taitz laughs nervously, reintroduces herself and stands next to

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her exhibit.

She speaks in a tiny voice and is completely overwhelmed

by the courtroom.

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She begins: "Alan Keyes," she says, "has 'unique

standing' because he ran against Obama twice." For some

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reason, Taitz seems to believe that the Keyes/Obama senate race

in 2004 is relevant to something, and she spends the next

several minutes arguing keys "perfect standing." The judges

stare at her and are bored.

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Taitz then moves on to her next issue. The evidence is

that Obama doesn't have a valid Social Security number or a

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valid birth certificate. All three judges are looking at Taitz

during her argument with disbelief on their faces.

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Judge Berzon has her hand to her cheek.

Taitz continues: Keyes has perfect standing because

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Obama doesn't have proper papers. Then she mentions Lieutenant

Colonel Lakin, who is in prison for asking for a birth

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certificate. Judge Fisher is looking her but not Judges Berzon

or Pregerson. They understand there is nothing they can ask

Taitz that will yield an answer that can help them.

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Taitz speeds up her presentation. "The country needs to

know," she says, "whether Obama is legitimate. Obama has never

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provided an answer." She argues that Judge Carter should have

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defaulted Obama and that he improperly and with an abuse of

discretion required her to serve the U.S. Attorney and to serve

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the U.S. Attorneys five times.

The judges sit there silently listening to a word salad

culminating in Taitz claiming that Judge Carter was pressured

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into deciding against her.

She moves on to the law clerk issue. She claims she

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served Obama five times. There are still crickets from the

"The U.S. Attorney," she argues, "had no 'standing' to

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be there representing Obama because he was an illegitimate

president. He wasn't president. He was never president."

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Taitz makes an unintelligible argument relating to

service of process. As she does so her yellow light goes on.

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She complains about Judge Carter's opinion chastising her.

She's now speaking at top speed. Mercifully the red light goes
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on.

EDITED TO ADD: Following the Appellee's argument, Taitz

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returns to the lectern and complains that she should be allowed

more time.
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She's up again and lying her ass off claiming she

petitioned congress before and after the election. The judges

asked her questions to clarify that.

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THUS ENDETH THE ORAL ARGUMENT OF THE CENTURY