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REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES TRIAL COURT CAUSE NO.

08-1001-C368 ) ) ) ) ) ) ) ) ) ) ) ) ) )

JODY A. BROCKHAUSEN

IN THE DISTRICT COURT

VS. ESPERANZA ANDRADE, ACTING IN THE OFFICE OF TEXAS STATE, SECRETARY OF STATE

WILLIAMSON COUNTY, TEXAS

368TH JUDICIAL DISTRICT

-----------------------------PLEA TO THE JURISDICTION ------------------------------

On the 22nd day of January, 2009, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Burt Carnes, Judge presiding, held in Georgetown, Williamson County, Texas; Proceedings reported by machine shorthand.

ATHENA TURK, CSR

A P P E A R A N C E S ATTORNEY GENERAL OF TEXAS ASSISTANT ATTORNEY GENERAL GENERAL LITIGATION DIVISION BY: MS. ERIKA M. KANE SBOT NO. 24050850 P.O. Box 12548 Austin, Texas 78711-2548 Tel (512) 463-2120 Fax (512) 320-0667

ATTORNEY FOR THE ATTORNEY GENERAL OF TEXAS

DR. ORLY TAITZ Attorney at Law California State Bar No. 223433 26302 LaPaz, Suite 211 Mission Viejo, California 92691 Tel (949) 683-5411 Fax (949) 586-2082 ATTORNEY PRO HAC VICE FOR THE PLAINTIFF, MS. JODY A. BROCKHAUSEN

ATHENA TURK, CSR

PROCEEDINGS JANUARY 22, 2009

(Docket call) THE COURT: Esperanza Andrade. MS. KANE: State of Texas, Erika Kane on behalf 08-1001 Brockhausen versus

of Secretary of State, Andrade Esperanza. THE COURT: MS. KANE: THE COURT: MS. KANE: THE COURT: three minutes. MS. KANE: THE COURT: MS. TAITZ: THE COURT: MS. TAITZ: Thank you, Your Honor. 07-1014 State of Texas versus -And I'm -And you are? I'm an attorney, Orly Taitz. I We're here on your motion? Yes. How much time, ma'am?

15 to 20 minutes, Your Honor. I don't think it'll take

came here from the State of California. THE COURT: If you're not licensed in this

court and this State you're not allowed to practice law. MS. TAITZ: THE COURT: Sir, I have filed a pro hac vice. I haven't signed it, ma'am. ATHENA TURK, CSR Sit

down. (Docket call ended.) THE COURT: This is 08-1001-C368 Jody

Brockhausen versus Esperanza Andrade, Secretary of State, State of Texas. Come on up, please. First issue. MS. TAITZ: THE COURT: do this up here ladies. Is it Ms. Orly Taitz? Taitz. Come up, please. We are going to

This seems to be a bad copy, but let You have not associated with any

me make sure I understand. Texas attorney on this case? MS. TAITZ:

I did not have an opportunity to.

This lady is the mother of six and -THE COURT: I did not ask for arguments, ma'am.

I asked a very simple question. MS. TAITZ: THE COURT: attorney? MS. TAITZ: THE COURT: MS. TAITZ: I could not find one. Have you ever tried a jury trial? I have not done jury trials and she Yes, sir. Have you associated with any Texas

did not ask for a jury trial. THE COURT: I'm just getting an idea of your

qualifications and your experience because to me jury trials is kind of where the real testing ground is. Anybody can come

ATHENA TURK, CSR

in on a nonjury case, walk out and claim that they have had a hearing but until they have been tried and tested in front of jury trials, they really haven't proven themselves in my opinion. You have read the State Bar Act? MS. TAITZ: THE COURT: State of Texas? MS. TAITZ: THE COURT: Yes. And you have read the Texas Yes. And the State Bar Rules of the

Disciplinary Rules of Professional Conduct? MS. TAITZ: THE COURT: MS. TAITZ: THE COURT: Yes, Your Honor. This is an unsworn copy of a motion. I just got it, Your Honor. I'll tell you what. If you want to

step over here and sign that in front of the clerk and swear to it under oath I'll allow you, for a limited purpose of this hearing only to appear. MS. TAITZ: THE COURT: I appreciate it, Your Honor. Yes, ma'am. Thank you.

MS. BROCKHAUSEN: (Brief pause.) THE COURT: MS. KANE: THE COURT:

Are you Ms. Kane? Yes. Ms. Kane, I have read the plea to ATHENA TURK, CSR

the jurisdiction and I understand your arguments.

If you

don't mind I'll simply hear from the respondent and then indicate whether I need further argument on the case. MS. KANE: THE COURT: MS. TAITZ: Yes. Yes, ma'am. Your Honor, one of the arguments

was that the case -- that the case was moot, however Ms. Brockhausen did file timely. election. She did file before the

This was an urgent matter and this could have been I understand that right now the I have

heard before the election.

election is over, however, the core issue is not moot. piles of documents showing that Mr. Obama was - THE COURT: ma'am.

That's not what we are here for, This

We are here for their plea to the jurisdiction.

is a very limited legal issue.

And I don't want to sit here I want to

and hear -- and give her a forum for her argument.

hear why this court has jurisdiction, which they have put in question here and that's what I need to hear about. MS. TAITZ: THE COURT: camera from that man. Sure. Excuse me. Would you go get that

Anybody else out there that has any

kind of electronic device they need to leave the courtroom immediately. MS. TAITZ: Your Honor, first of all Ms. Kane

brought forward on that case -ATHENA TURK, CSR

THE COURT: MS. TAITZ:

Thank you. -- all of their case, that federal

case where quite often the plaintiffs were not found to have jurisdiction. This is a state case. Ms. Brockhausen has

brought a case in the State court which is different and therefore Ms. Kane's argument as to Holenburg case (phonetic) would not be valid. THE COURT: MS. TAITZ: I'm still listening. Additionally, the circumstances of

the case have changed due to the fact that the hearing was scheduled after the election. circumstances. We have now a different set of

Now, her case is not against the person that's

on the ballot, now her issue is the fact that the president in the White House is not there legitimately that will have an observer in the White House. such magnitude. And there was never a case of

There was never a case showing that there is

no jurisdiction for a citizen of this country in questioning eligibility of one that is in the White House. So because the case has been moved until after the election she actually got standing. jurisdiction. THE COURT: MS. TAITZ: THE COURT: granted. ATHENA TURK, CSR Okay. Yes. The plea to the jurisdiction is Is that it? She actually brought

Do you have an order for me, MS. KANE: THE COURT: All right. the proposed order. MS. KANE: THE COURT: Yes, Your Honor. Thank you. Thank you ladies.

ma'am?

I have signed

Can we be excused, Your Honor? Yes, ma'am. That's all.

MS. BROCKHAUSEN: THE COURT:

May I say something? You have a lawyer.

No, ma'am.

That's why you have a lawyer here -MS. BROCKHAUSEN: hard on this. THE COURT: Leave, ma'am. That's nice. I worked very

Did you get somebody to figure out how to delete that photograph and if there's any audio recording, that needs to be deleted also. (Proceedings concluded.)

ATHENA TURK, CSR

REPORTER'S CERTIFICATE THE STATE OF TEXAS ) COUNTY OF WILLIAMSON) I, Athena Turk, deputy official court reporter in and for the 368th District Court of Williamson County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record, in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me. I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, admitted by the respective parties. I further certify that the total cost for the preparation of this Reporter's Record is $__________ and was paid by ____________________. WITNESS MY OFFICIAL HAND this the __________ day of January, 2009.

___________________________ Athena Turk, Texas CSR 5739 Expiration Date: 12/31/2009 Official Deputy Court Reporter Travis County, Texas ATHENA TURK, CSR

P.O. Box 80324 Austin, Texas 78708

ATHENA TURK, CSR