Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 351 of 464

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CIVIL TERM · PART 27 CHRISTOPHER-EARL STRUNK, in esse,
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Plaintiff,
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NEW YORK STATE BOARD OF ELECTIONS, ) JAMES A. WALSH/CO-CHAIR, DOUGLAS A. ) ) KELLNER/Co-Chair, EVELYN J. AQUILA/ Commissioner, GREGORY P. PETERSON/ ) commissioner, Deputy Director, TODD D. ) VALENTINE, Deputy Director, STANLY ZALEN; ) ANDREW CUOMO, ERIC SCHNEIDERMAN, ) THOMAS P. DINAPOLI, RUTH NOEMI COLON, ) in their official and individual ) capacity, Fr. JOSEPH A. O'HARE, S.J.; Fr. ) Index Number JOSEPH P. PARKES, S.J; FREDERICK A.O., ) 6500/11 SCHWARZ, JR.; PETER G. PETERSEN; ZBIGNIEW )Election Hearing KAIMIERZ BRZEZINSKI; MA~K BRZEZINSKI; ) JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a ) Barry Soetoro, a.k.a Barack Hussein Obama, ) a.k.a Steve Dunham); NANCY PELOSI; ) DEMOCRATIC STATE COMMITTEE. OF THE STATE ) OF NEW YORK; STATE COMMITTEE OF THE WORK- ) ING FAMILIES PARTY OF NEW YORK STATE; ) ROGER CALERO; THE SOCIALIST WORKERS PARTY; ) IAN J. BRZEZINSKI; JOHN SIDNEY McCAIN, III;) JOHN A. BOEHNER; THE NEW YORK STATE REPUB- ) LICAN STATE COMMITTEE; THE NEW YORK STATE ) COMMITTEE OF THE INDEPENDENCE PARTY; STATE ) COMMITTEE OF THE CONSERVATIVE PARTY OF ) NEW YORK STATE; PENNY S. PRITZKER; GEORGE ) SOROS; OBAMA FOR AMERICA; OBAMA VICTORY ) FUND; McCAIN VICTORY 2008; MCCAIN-PALIN ) VICTORY 2008; JOHN AND JANE DOES; and XYZ ) ENTITIES, )

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Defendants.

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Kings Supreme Court 360 Adams Street Brooklyn, New York 11201 May 7, 2012

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HONORABLE ARTHUR M. SCHACK, Justice A P P E A R A N C E S : (See next page.)

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A P P E A RA NC E S Attorney for Plaintiff: (Pro se)

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Attorneys for Defendants zbigniew, Mark, and Ian Brzezinski: MCGUIRE WOODS, LLP 1345 Avenue of the Americas - seventh Floor New York, New York 10105-0106 By: . MARSHALL BEILv ESQ. Attorneys for Defendants Pres. Barach Obama, vice Pres. Joseph Biden, Obama Victory Fund, obama for America, Rep. Nancy Pelosi, and Penny s. Pritzker: HARRIS BEACH, PLLC 333 Earle ovington Blvd., suite 901 uniondale, New York 11553 By: KEITH M. CORBETT, ESQ.

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Attorneys for Sen. John McCain Defendants and Victory 2008:

Attorneys for Defendant George Sores: WILLKIE FARR & GALLAGHER, LLP 787 seventh Avenue New York, New York 10019-6099 By: TERI SEIGAL, ESQ.

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Attorneys For Defendant Gregory G. Peterson: SIMPSON THACHER & BARTLETT, LLP 425 Lexington Avenue New York, New York 10017-3954 By: ERIKA H. BURK, ESQ.

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(Appearances cont'd next page.)

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CAPLIN & DRYSDALE one Thomas circle, NW- suite 1100 washington, DC 20005 By: TODD E. PHILLIPS, ESQ.

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Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 353 of 464

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A P P E A RA NC ES :

(Cont'd)

Attorneys for Defendants Joseph A. O'Hare, Joseph P. Parks, and A.O. Schwarz, Jr.:

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NEW YORK CITY LAW DEPARTMENT office of the corporation counsel 100 church Street New York, New York 10007-2601 By: CHLARENS ORSLAND, ACC

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Attorneys for Defendants socialist workers Party and Roger Calero:

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DIANE DIXON, RPR, CSR, RMR official court Reporter

Attorneys for Governor, Controller, Secretary of State, commissioner of State Board of Elections and several State Board Officers, Attorney General, Thomas DiNapoli, and Ruth Noemi colon: STATE OF NEW YORK office of the Attorney General 120 Broadway New York, New York 10271-0332 By: JOEL GRABER, AAG

RABINOWITZ, BOUDIN, STANDARD, KRINSKY & LIEBERMAN, P.C. 45 Broadway - Suite 1700 New York, New York 10006-3791 By: DANIEL S. REICH, ESQ.

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A-F-T-E-R-N-0-0-N THE COURT:

S-E-S-S-I-0-N

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Let me figure out who we have We have Mr. Strunk. I represent

here; in no particular order. MR. BEIL:

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zbigniew Brzezinski, Mark Brzezinski, and

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Ian Brzezinski, and I served on Mr. Strunk today an affidavit/affirmation of service in connection with the Court's request for a detailed statement of services. I can hand that up to the court. THE COURT:

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MR. CORBETT: MR. PHILLIPS: THE COURT: MR. PHILLIPS: Correct.

That would be appreciated.

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Victory 2008,

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Marshall Beil.

don't you hand it to the officer?

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And I'm looking at a copy from the State

reporter of this particular action.

so you are here Mr. corbett, and we'll get to

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you 1n a moment.

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Your Honor, Keith Corbett, Law

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office of Harris Beach; and we represent Pres. Barach obama, vice Pres. Joseph Biden, the obama

victory Fund, obama For America, as well as we represent Nancy Pelosi and also Penny s. Pritzker. Todd Phillips, Caplin &

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Drysdale. You represent sen. Mccain and the

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others; right?

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why

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Mccain.

Todd Phillips. THE COURT:

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You were admitted pro hac vice? Yes.

MR. PHILLIPS: THE COURT:

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bills or records that you want to submit at this time? MR. CORBETT: not. At this time, your Honor, we d0

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we are awaiting clarification from our clients to

see that they are going to go forward and want to submit any document.

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submit anything to the court? MR. PHILLIPS:

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Farr & Gallagher.

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Bartlett.

did --

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Thacher is here. MS. BURK: Excuse me, your Honor. I did

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bring a copy. THE COURT: MR. ORSLAND: You can hand that up. chlarens orsland, the campaign

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THE COURT: THE COURT: MR. PHILLIPS: No. MS. SEIGAL: MS. BURK: THE COURT:

Mr. Phillips, do you want to

I do not have authorization.

You're going to seek costs?

Your Honor, Teri Seigal, willkie

I represent defendant George soros. Erika Burk, simpson Thacher &

we represent Mr. Gregory· Peterson, and I

Let me just find where simpson

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Mr. corbett, do you have any

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Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 356 of 464

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Finance Board defendants.

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Your Honor, we decline to request costs for Mr. Strunk in this matter. MR. GRABER: THE COURT: MR. GRABER: we appreciate the offer.

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Attorney General?

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Assistant Attorney General.

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I believe

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Joel Graber.

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represent the governor, the Controller, the Secretary of state, the Commissioner of State Board of Elections and several officers of the State Board; and Attorney General is also a named defendant.

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Mr. DiNapoli; and Ms. colon is still secretary of State.

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represent the officers, not the individuals. THE COURT: You represent various individual

defendants who are individual officer holders of the

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State of New York.· MR. GRABER: Because theyJre all sued in the

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official capacity. submission. THE COURT:

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Mr. strunk if he hasn't received it, and to the officer? Thank you. It was handed up to me. It was clocked in on

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As I stated last October, your Honor, we

The Attorney General does have a

You want to hand that to

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May 3.

He probably submitted it on Thursday. MR. STRUNK: THE COURT:
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Correct.

think you submitted this

MR. STRUNK: plaintiff. MR. REICH:

Christopher-Earl Strunk, the

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Dan Reich, Rabinowitz, Boudin,

standard, Krinsky & Lieberman on behalf of socialist workers Party, and Roger Calero. THE COURT:

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right?

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(No verbal response.) MR. REICH: THE COURT: so this is why we're here. Now,
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And you were here previously;

Are you submitting any papers? Not at this time. we'd like to

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reserve the right to do so if possible. At the end of this I'll explain

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how much time you have to submit something. All right, just so we are-clear why we're

here today, and I will read into the record that I issued a decision which was covered on April 11, 2012,

published by the State Reporter at 35 Mise 3d 1208(A);

or more specifically 2012 NY slip Op 50614(u) as in union.

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found that Mr. Strunk's original I'm

motion and his petition actually is dismissed.

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Thursday to the court.

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Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 358 of 464

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sorry.

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shouldn't say petition.

various forms of relief was denied in its entirety and granted in numerous motions to dismiss the action. so obviously his case went away, and
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enjoined him from commencing any further action in the

of the appropriate administrative judge depending upon what the judicial district intended to file. And also

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called this hearing because

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New York State unified court system without permission.

found that Mr. Strunk's action was frivolous, and

wanted to give him an opportunity to be heard pursuant to 22 NYCRR 130-l.l[c].
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whether or not

because of the frivolous papers that he had, and

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obviously he was served, and he knows about it. we have,
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defendants.

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three, four, five, six, seven -- looks like eight sets

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of defendants. All right,
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Mr. Strunk.

he

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wanted to be heard, so
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should award costs and/or sanctions

believe, a various combination of

we have present in the· room, one, two,

read through your papers,
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First off,

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opportunity to be heard,

want you to know that ·this

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is not --we're not holding a hearing for me to -- for you to renew or reargue my decision, because the papers

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His action seeking

also

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can't -- as to

give you the

Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 359 of 464

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were in response to whether or not you. As
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read through your papers, most of it

was-- well, I'll call it a reiteration of why you did, or you went through numerous reasons why you disagree

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original decision.

You can't do that.

motion to renew or reargue my decision that

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with my decision to put it mildly, and argue about my

last month, but this issue before us today is whether or not
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should sanction you for engaging in frivolous

conduct, but I'm going to give you an opportunity to be heard.

r want to enter in as an amicus something that was noted to me by an attorney who has been following this

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case very closely because he's got cases all over in

various circuits; in federal and in various states and

that he wants to make sure that your Honor knows why, and
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agree with him, why you're overreaching on your
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holding that

shape, or form.
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present a document by another attorney -- by an

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attorney?
MR. STRUNK:

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MR. STRUNK:

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Yes.
COURT:

Before I get started here

should be sanctioned in some manner,

so in other words, you want to

An amicus; yes.

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should sanction

You can file a issued

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THE COURT:

can I see what you have; and you

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have copies for everyone? MR. STRUNK:

Everyone has been served and

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THE COURT: New Jersey.

Mario Apuzzo, and it's Jamesburg,

This is entitled -- writte"n yesterday according to this, and it says something that I shouldn't

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Pro se Plaintiff christopher Earl Strunk for his "National Born Citizen" litigation.

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attorney whether it's New York, New Jersey or what. could be a member of New York law. know. I'll take a look at it. I really don't

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MR. STRUNK: THE COURT: I don't know. (No verbal response.)

the title is in boldface.

The New York State court should Not sanction

I don't know whether this gentleman 1s an He

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persuasive it's going to be or not, but I'll take a It looks a little bit out of order, but

look at it.

I'll take a look at it. I do not object to that being

put in as an amicus. Maybe the other folks will Anybody object?

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object.

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All right, then I'll take a look at it.

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I don't know how

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they were notified as of yesterday.

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Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 361 of 464

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MR. STRUNK:

The first thing I'd like to do

is find out what the status of the other motions are that were filed to enter into evidence that would mitigate your decision.

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February 9 requesting leave. THE COURT:

I know that subsequent to this or.

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prior to while this was being written by myself you filed something or other to either forfeit as I recall, several weeks ago.

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because you didn't appear.

and on about -- I believe it was a case in Georgia as I recall, as I read it where in effect I believe-- I don't know if it was an administrative law judge in Georgia or it was a trial court. I'm not sure, but

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someone in Georgia·basically ruled that or dismissed a

challenge about Pres. obama not being able to be President, and it was basically a diatribe by you

against whatever this Judge did. MR. STRUNK: THE COURT: I object to that language. I read your papers. To me it was You have a

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a diatribe.

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right to do that.

later, and then you had one sentence in there that I

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MR. STRUNK: I showed up. THE COURT:

You didn't show up in April.

I believe we marked it off where this is you went on

You can object to what I say.

It was irrelevant to what I did

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There was a motion filed in on

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should recuse myself and you never explained why. MR. STRUNK: THE COURT: up in court. You did read that.

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I read it, but you never showed

for you when you appeared to speak to you about it, but -- I read it, but you didn't appeared in court, so. I marked it off. MR. STRUNK: THE COURT:

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It was adjourned.

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this Index Number 6500/11? was marked off.

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MR. STRUNK: THE COURT: we'll find out. COURT CLERK: April 23. THE COURT: What did we do? COURT CLERK: THE COURT: MR. STRUNK: COURT CLERK: MR. STRUNK: COURT CLERK: No it wasn't. Not that one? That could be another one.

You believe it was adjourned, My recollection is that it

It was adjourned. You weren't

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here.

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Marked it off. what made you· think it was

adjourned?

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It was adjourned to the

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18th of June. Not that one.

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This was sequence 16.

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a relief.

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I read it because I wanted to be ready

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That is

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THE COURT: June 18? MR. STRUNK: to -THE COURT: court of Appeals? MR. STRUNK: in any case. THE COURT:

Is that on that index number,

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But it was a motion for leave

Is that the one to go to the

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Yes, which is essentially moot

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you, that statute that you cited says basically the constitutionality of the law is in question. It could

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be a direct appeal from the trial court to the court of Appeals, and that was invoked last week, the case involving the 63rd senate district. That's irrelevant

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to this case, but that's how it was used. However,
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you're not attacking the constitution or any statute.

You're attacking whether or not Pres. obama is eligible to be President. anything. MR. STRUNK: That's not what the problem with That is not constitutionality of

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the case is.

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division if you've got a problem.

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sending this to the court of Appeals.

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The appeals court -THE COURT:

It's moot, but I've got to tell

don't think that's correct in that

You can go to the appellate The point is I'm not I don't see

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Case 1:10-cv-00486-RCL Document 5-1 Filed 08/01/12 Page 364 of 464

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where there is any attack on the constitutionality of the statute. MR. STRUNK: THE COURT: your case. MR. STRUNK: THE COURT: to make. It's moot. MR. STRUNK:

It's been disposed of. It's disposed of.

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so it's moot.

I think that's the point I wanted

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adjourned until June 18, I believe? COURT CLERK: Yes.

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evidence of transactions that occurred after filing and after the August hearing which would both mitigate damages and mitigate the decision on your part.

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that I wouldn't sign that emergency- order to show cause

back in october? MR. STRUNK: No. That is a fact that an

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authority of competent jurisdiction has found that there is reason to believe and is suspicious of forgery and fraud, and that spoliation has occurred, and-there is concealment which would affect your decision. THE COURT: I don't know what you are

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THE COURT: Yes. MR. STRUNK: THE COURT:

Now, the second motion has been

That was a motion submitted for

Is that in reference to the fact

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Thank you.

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I dismissed

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referring to. MR. STRUNK: THE COURT:
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You adjourned it sua sponte.

might not have adjourned it.

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because, you know,

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don't do motions on a Tuesday.

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The clerks might have adjourned it; kicked it over

in any case one arbitrarily picks a date, the clerks kick them over to another date. put on adjourned. so that's why this was

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You picked the date of April 24, and

then administratively, not me, the clerks in motion support adjourned it to June 18. MR. STRUNK:

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that the other motion was to be heard on that date also which was sua sponte adjourned. of any adjournment. got no notification

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THE COURT: we're getting far afield.
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Well, it's my error in thinking

The cold Case Posse.

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Maricopa County, Arizona sheriffs issue of press

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release about a cold Case Posse, Joe Arpaio.

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the sheriff of Mari cop.a County, Arizona.

one that goes on about this Judge in Atlanta. This comes back to you know,
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about whether, you know, you had this case, and submitted it about Pres. obama.

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You know, you were

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found by Judge Ross in --

don't have the exact date

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in front of me, in 2008 to have filed a frivolous

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so

The

That's

This is the

made a ruling
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motion in Federal court.

You then bring it over to
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state court and you go on and on, and you know, certain beliefs.

You have the right to have the

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they were born and whether or not they are eligible to be President of the united States, but we have many cases that are not frivolous that this court have to handle, and
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times you have had a case dismissed before you know you realized you're not going to get anywhere with this. My point is that unless an appellate

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authority tells me otherwise, you have an incorrect interpretation of what the constitution says, therefore
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ruled your action to be frivolous, but you continue
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to move forward.

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MR. STRUNK: THE COURT:
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want you to know that's why

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beliefs about Pres. obama and about Sen. Mccain where

and other Judges in

don't know how many

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this to be frivolous.

of

This is the motion that we are

discussing?

we're talking about my ruling and

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ruled that you have been engaging in frivolous You're telling me why The fact. is
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conduct.

should not now,

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sanction you.

found you are precluded

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also by collateral estoppel based on what happened in Federal court, yet you decide to use the state court for your own use, and you go on and on with a

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have

found

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baseless -- what I call a baseless action, and you

know, Federal court stayed your action as irrational. Let me get to Judge Ross and her findings in Federal

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MR. STRUNK:

The case was never heard, and

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the marked -- all the papers were defective, and that the Judge only for purposes -- there was an actual motion for inferring an improper purpose.

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Eastern District on october 28, 2008 in the case of strunk v. New York State Board of Elections Ethical Index Number 08-cv-4289 dismissed your action, saying you failed -- no. Let me back up.

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two prior Eastern District cases that you filed saying "The court has determined that portions of plaintiff

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that's you -- plaintiff's complaint have contained

allegations that have risen to the irrational." MR. STRUNK: Which case are you referring to,

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your Honor? THE COURT: MR. STRUNK: THE COURT:
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THE COURT: don't know.

Judge Ross in her decision in

Judge Ross in page six in footnote six citing

The case by Judge

The federal reserve case?
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decision in front of me.

That's her finding in the

case of Strunk v. New York State Board of Elections at

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court.

You had a similar case in 2008.

have her

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Index Number 08-CV-4289, october 28, 2008.

in the Eastern Direct dismissed the action. you didn't have standing. and it was frivolous. MR. STRUNK:

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You failed to state a claim

Let's deal with standing.

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So when I sued

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know you can't rev1ew a decision, but let's deal with standing. THE COURT: MR. STRUNK:

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That's what she said.

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original jurisdiction over a state election, and that's -- for that reason alone, she is essentially telling me to go to state court. THE COURT:

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complaints in that case -MR. STRUNK:

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to the irrational.· she found that your complaint is

irrational.

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corporation counsels for General Motors. THE COURT: As for Judge Ross, what does that

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have to do with anything? MR. STRUNK: The pr1or case is the very

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reason the sub prime mortgage stuff was going on. That's what it has to do with it.

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THE COURT: MR. STRUNK:

The Federal courts have no

She also said that your

There was wrong.

contained allegations have risen

Judge Ross was one of the sen1or

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Goldman sachs she got pissed off. right on target. THE COURT: Goldman sachs.

Believe me.

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I'm glad you are on target with

MR. STRUNK: the point 1s -THE COURT:

she was reacting to that.

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The one before

However, I have to deal with this case. So

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And I agree with the decision

written by Justice Marshall which I found very

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interesting, that justice's decision in 1989 called Neitzke v. williams, 419 us 319 at page 325. Thurgood Marshall remarked that, "A complaint

containing as it does both factual allegations and legal conclusions, is frivolous where it lacks arguable basis--" and further Justice Marshall wrote -- "and embraces not only the inarguable legal conclusion, but also the factual allegation.

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MR. STRUNK: which one? THE COURT: MR. STRUNK: THE COURT:

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I agree with Thurgood Marshall.

that your complaint was fanciful, fantastic, and so now the question is --

delusional.

Judge Ross? I mean the one you have in my

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court; this case. You're sanctioning me on? I haven't sanctioned you yet.

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I was

I believe

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I'll give you the opportunity to be heard, and then if I think you shouldn't MR. STRUNK: yourself. THE COURT: MR. STRUNK: THE COURT: MR. STRUNK: thing. Look.
I

demand that you recuse

on what grounds?

on what grounds? Yes.

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You cherry picked this whole

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\,. ~

August 22 hearing.

sitting Judge should do in terms of you gave favor where favor was not to be given. THE COURT:

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I'm the Judge.

with motions to dismiss, and I have to make a decision based upon the case.

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of

is overwhelming.

you as a defendant in your pay raise, and that -- just the fact that that was going on, all of the additional it's quid pro quo. Mr. Graber represents various

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extensions of time THE COURT:

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defendants in the case that I sued; is that correct? That's comparing apples with oranges. MR. STRUNK: But he was the lead attorney.

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MR. STRUNK:

YOU rewrote the complaint on the record in the You committed something that no

I didn't give favor to anybody.

I was presented with your complaint and

The appearance, the impropriety

This -- that Mr. Graber over here had

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THE COURT: attorney.

I don't believe he was the lead

A guy named Dolan, I believe is the lead I

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attorney, and it went to the court of Appeals. didn't go to -MR. STRUNK: MR. GRABER: outside counsel.

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The Attorney General's office. No, your Honor. we certified

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we certified outside counsel. 5-C-H-L-A-U-M and Gold.

THE COURT:

the gentleman's first name.

my case in the court of Appeals even though I won that case, but that's neither here nor there. irrelevant. two years. we got a period of victory. That's Took another

August 22nd of last summer, the court did a straw man argument making my X argument your Y argument defeating

of

my X argument.

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MR. STRUNK: THE COURT: MR. STRUNK: THE COURT:

In a record of the transcript of

I'm sorry to interrupt.

to see if we can get a few more minutes to continue this.

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(off-the-record discussion.) I demand a separate judge to

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hear the sanctions when this should be. There is a case. I'd have to

look up the cite in Court of Appeals, People v. Moreno.

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Mr. Dolan argued against

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I forget

I want

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I don't have the cite in front of me, but at the time

Judge Bellacosa then on the court of Appeals said that a judge is the sole arbiter of his or her own recusal.

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you, and I'm not going to recuse myself. MR. STRUNK:

That scenario of straw man

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argument should immediately recuse what you did in rewriting the complaint. THE COURT:

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transcript of August 22nd, that's what you said. will take it on and turn it out in six weeks. weeks went by. Eight weeks went by.
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MR. STRUNK:
THE

whatever I do today or 1n this -On the transcript, the
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show cause in october.

Still correcting.

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question of you delaying and denying justice in this situation should be in itself a reason for your

of

recusal.

COURT:

Mr. Strunk, with all due respect
I

your case is one of approximately 1600 cases my inventory.

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I'm one person and I have scarce

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resources, and yet I have to put your case to the

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detriment of other cases, write this decision and other cases that are not frivolous. reasons.
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can only do one thing at a time like so I took time to write it. You didn't

anybody else.

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I don't believe that I'm unfair or prejudiced against

so that's one of the

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Proceeding go to the Law Department by the way.
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MR. STRUNK: THE COURT:

I can see --

My law secretary sitting there,

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he got to look at it when I proofread it. this so no one else gets the blame. MR. STRUNK: THE COURT:

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I'm glad it's on the record. The point is it takes time to
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and I noticed that for whatever reason. despite your argument about you have to have your parents born in the united States as well as you -MR. STRUNK:

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THE COURT: Now,
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write this and to do this.

That's not my argument.

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your argument.

That's the straw man argument. You should recuse yourself.

absolutely wrong.

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nothing else to say.

Okay, I will note for the record

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that Pres. obama is the sixth President to have one or both parents not born in the united- States, so it is

what it is. know I have papers here from various defendants and the action has been dismissed concerning costs. Does any counsel or any defendant want to put

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anything on the record? MR. CORBETT: of Harris Beach. Keith corbett of the law firm

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also did some research.

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I did all

That's You're I have

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we just want to reserve our right to possibly bring documents seeking costs. clarification from our client. THE COURT: client? we have to await

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Let me ask you, Mr. corbett, how much time do

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you think you need for a final decision of your client?. MR. CORBETT: 30 days. THE COURT:
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hope to have the decision by

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I will wait 30 days from today which would be June -what's that, June 7, for any defendants who have not submitted but reserve their right to submit any affidavit for costs.

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say?

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MR. CORBETT: THE COURT: (No verbal response.) MR. STRUNK: THE COURT: MR. STRUNK:

I think that's fair for anybody.

Thank you, your Honor.

Anybody having anything else to

well, you have the final word, Mr. Strunk. The final word? I'm going to let you go on.
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I'm now

You have to consult with your

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don't want to say anything, so you can conclude. have given them an opportunity to speak.

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giving you the final opportunity to speak further. My papers speak loudly. The

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point is that you are a man sitting on the bench

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They

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elected by the people of Brooklyn. THE COURT: MR. STRUNK: Thank you.

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That's correct.

And that you have not

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be protected, and that that is a matter that's go1ng to be put in front of the judicial commission. THE COURT: MR. STRUNK: Do whatever you want. I am doing that.

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don't need your permission to do that. THE COURT: Mr. Strunk, you have various

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rights.

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appropriate.

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Honor.

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ruling?

of

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putting up a bond.

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Anything else you want to tell me? MR. STRUNK: Yes; that you don't know your

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history.

your own straw man story and argument which has absolutely nothing to do with this case, and that it's going to be on the record, and it's going to be known

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You can threaten me. MR. STRUNK: THE COURT: Go ahead. MR. STRUNK: THE COURT:

You can do whatever you deem to be I don't care.

I'm not threatening you, your

I'm just telling you my intent. You don't like my

Go to the Appellate Division. I don't think I can other than

You do whatever you want to do.

You put the legal question aside based upon

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administered this case in the way that my rights should

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I am, and I

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around the nation as that, and it's important that you consider what you're doing for the purpose of other pro se plaintiffs who g1ven authority. THE COURT: in front of me. your case.

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This is a specific action, 6500/11;

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That's what's before me, and therefore,

whatever happens in other cases happens in other cases. You believe that I've done something improper, do whatever you deem to be appropriate. MR. STRUNK:

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is based upon other cases.

those cases be put in on this case. THE COURT: All right.

numerous cases that are cited.

appeal whatever I rule, the judges will deal with that and the Appellate Division can certainly look up these

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cases.

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They have the citation. MR. STRUNK: THE COURT: MR. STRUNK:

Your Honor, your entire decision I insist the record of

They're capable of doing that.

to be provided an entire decision of a particular case

cited by me.

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The record in which you have.

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because you can go get the record down in the archives.

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or you can go to Judge schmidt and get the record.

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That record is this deep now. Could very well be. I want that original record

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Other pro se plaintiffs are not

I know there are

If you feel you want to

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transferred and to be the basis for any appeal. THE COURT: Fine.

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Go to the record room.

Photocopy to your heart's content. put together an appellate record. MR. STRUNK:

It's not my job to

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You're using other cases and

making decisions on legal matters of natural-born

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citizenship which you didn't touch with a ten-foot pole. You invent your own definition to constitutions.

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not a dictionary.

Happersett.

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natural-born citizen. MR. STRUNK:

said does not define it?

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looking at the entire document.

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the history of how that document was put together.

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THE COURT:

I think you misread Minor v.

Minor v. Happersett does not define

The constitution in that case It must be sought through It must be looking at The

of

state of New York was the one who forced natural-born citizen, because in 1787 we walked out and
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are -- New York State is under risk of seeing Britain take over the presidency, and that Judge Lansing insisted that natural-born citizens be placed in the constitutional document. That was then ratified in

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1788.

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New York is the basis for natural born. the basis of our law today.

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You look at real property

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said we

It's

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law section 18 where you cannot own or lease a copper mine in the county of saint Lawrence unless you're a

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natural-born citizen, and that means you've got to have

must be a citizen at ·the time that you lease or own a copper mine in Saint Lawrence County. documented before the revolution. THE COURT: located there.
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don't know how many mines are

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I looked at real property law,

that you cited; Happersett, 88 us 162 and page 167. clearly states that the citizenship is not defined constitutionally. defined. natural-born citizen is not

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parents who are citizens when you're born, and that you

That is well

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That's what it said.

so if there is nothing else, we can adjourn; will give you one

unless you have anything else.

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last chance.

MR. STRUNK:
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Your interpretation 1s all

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wrong, and again,

believe that there has not been a

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hearing in this matter, a fair hearing; a fair hearing; think that the fact

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that you should be recused, and

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that you are cherry picking this whole thing from beginning to end is unconscionable. THE COURT:
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All right, one last observation. You

did it in a hearing back last August.

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believe 18 It

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make all these comments in court and you're going to walk out of here a free man. wonderful country. and everybody else. I think America is a

Have a pleasant day, Mr. Strunk,

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CERTIFIED THAT THE FOREGOING IS A TRUE AND ACCURATE TRANSCRIPT OF THESE PROCEEDINGS. IN

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of

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official court Reporter

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This concludes the hearing.

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