Wednesday, December 28, 2011

11-12-28 Obama's Birth Certificate: Flim Flam in the US District Court, Central District of California, and the US Court of Appeals, 9th Circuit // El fraude en los tribunales de EE.UU. // 美国法院的欺诈

US judges and clerks with no credentials issue unsigned, unauthenticated judicial records, which the US courts refuse to certify, but the public is deceived to believe are valid and effectual court records. 
The United States has developed a fully blown simulated justice system.
Like the Great Depression before it, the current crisis in its core is an integrity crisis of the United States government, and like the Great Depression before it, the current crisis is not likely to be resolved, absent reform of the US courts.

  
Shell Game                                                           The Flim Flam Man       

Following is correspondence among Ron Branson, Paul Andrew Mitchell, Gary Zerman, and Joseph Zernik regarding the recent “dismissal” of Birther Orly Taitz case at the US Court of Appeals, 9th Circuit, challenging Obama’s credentials as President of the United States and Commander in Chief of the United States Armed Forces, on behalf of numerous US citizens and uniformed personnel.

_______________________________________
i. Joseph Zernik wrote:

Date: Wed, 28 Dec 2011 10:47:53 +0200
To: Paul Andrew Mitchell
From: joseph zernik
Subject: Re: Ninth Cir. Dismisses Suit Challenging Obama's Qualifications

I fully agree, and that is why they absolutely refuse to duly serve and notice any valid paper, and in particular, refuse to certify any record of the court.

See for example, an unrelated case:  Log Cabin Republicans v USA et al in the US District Court, Central District of California, and the US Court of Appeals, 9th Circuit.
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[1] 11-02-09 Press Release: Dont Ask, Dont Tell  the US Court of Appeals, 9th Circuit Insists on Conducting a Simulated Appeal from a Simulated Judgment of the US District Court
http://www.scribd.com/doc/49070315/
_______________________________________
ii. Paul Andrew Mitchell wrote:

At 09:45 AM 12/28/2011, you wrote:

There is no way that I know of to explain the refusal of a court to provide certified copies of its own orders,
unless the Court itself does not consider them valid court orders.


28 U.S.C. 1691 requires that ALL such Court "process" must exhibit the Court's official seal
and the Clerk's authorized signature:

http://www.law.cornell.edu/uscode/28/1691.html

See all of the pertinent cases we assembled here:

http://www.supremelaw.org/stat/62/28usc1691.case.law.htm
http://www.supremelaw.org/stat/62/28usc1691.case.law.2.htm


And, now that the "clerks" and "deputy clerks" have either failed
or refused to produce credentials, THERE ARE NO CLERKS
authorized to sign any such "process".

That also has the necessary result that such a "court" --
where no duly authorized "clerks" can be found with proper credentials --
is rendered totally impotent because it cannot issue any "process"!!!

This conclusion is supported by the law which expressly
designates the "court" as the legal custodian of the
APPOINTMENT AFFIDAVITS required by 5 U.S.C. 3331.
See 5 U.S.C. 2906:

http://www.law.cornell.edu/uscode/5/2906.html

When such "clerks" refuse to produce credentials of which they
are the legal custodians designated as such by 2906 supra,
they render the entire court impotent, and also implicate themselves
in FELONY violation of 18 U.S.c. 1001 (for starters):

http://www.law.cornell.edu/uscode/18/1001.html

--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)

All Rights Reserved without Prejudice

_______________________________________
iii. Joseph Zernik wrote:

Date: Wed, 28 Dec 2011 06:59:28 +0200
To: Ron Branson, Gary Zerman , Paul Andrew Mitchell,
From: joseph zernik
Subject: Re: Ninth Cir. Dismisses Suit Challenging Obama's Qualifications

1) The  "Dismissal" by the US Court of Appeals, 9th Circuit
"Confidence Trick", "Flim Flam", "Shell Game" -  in the terminology of tricks and frauds, it is usually considered a short-term trick. You do it on the street corner, pack and leave. And here we have a person like you fooled for years by simulated orders of the courts ... [1]  In fact, a whole nation fooled by a "simulated justice system" for a decade or two.

2) Obama's Birth Certificate
One of the aspects that I find most fascinating in this story, (and there are numerous fascinations here :) (:), is the fact that in my studies of Public Records, and I consider the deprivation of First Amendment right to access electronic records the mother/father (not to be sexist in such nasty context) of all evils, Birth, Marriage, Divorce, and Burial Records were among the first that emerged as Public Records in the late middle ages.  Public access to Court Records has been also guaranteed in the Common Law for hundreds of years.  Prisoners' Indices followed.

3) The Medieval Digital Era
The pattern we see today, of denial of public access to valid Court Records,  Birth Records, and Booking Records, and the publication instead of patently fraudulent electronic records, is one of the hallmarks of what I call the Medieval-Digital Era. 

In the Middle Ages the frauds in the courts and in lineages and family records were infamous, not to speak of anonymous, metal masked, castle-basement prisoners. It led to the provision in the Magna Carta (1215) of trial by peers...  The "cornerstone of the Constitution of the United States".

It's 2012, and we must fight for the same rights again, to ensure public access to public records!

Joseph Zernik
____

LINKS:
[1]
"Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows:
Texas Penal Code 32.48. SIMULATING LEGAL PROCESS. 
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
        (1)  induce payment of a claim from another person;  or                      
        (2)  cause another to:                                                       
            (A)  submit to the putative authority of the document;  or                
            (B)  take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b)  Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.

The practice is widespread in both the state and US courts at all levels.
_______________________________________
iv. Ron Branson wrote:

Joseph, I just looked at my Order of Dismissal filed 12/8/2011, and not only does it not have a signature, it does not even have a printed name of a person or a position. The Oder only "signs off" with the printed word "AFFIRMED" with nothing after it. We are therefore called upon to "pretend" it is verified even though it does not state.

But is not "Affirmed" supposed to be equal to "Oath or Affirmation" according to the 4th Amendment, i.e., "no warrants shall issue but ... supported by oath or affirmation." No one can imagine an oath or affirmation signed by no one. We are asked in court, "Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?" Accordingly, maybe these words should be eliminated prior to taking the witness stand and testifying.

Ron Branson
_______________________________________
v. Joseph Zernik wrote:

Hi Mr Branson:

I assume that as usual, you received an unsigned order, just like the order dismissing the challenge to Obama's qualifications..

Have you ever tried to ask the 9th Circuit for a certified copy of any of the orders in your cases before the Court?

I have tried, but never got any.

There is no way that I know of to explain the refusal of a court to provide certified copies of its own orders, unless the Court itself does not consider them valid court orders.

In that context, one should consider the data below, which I am asking those familiar with such papers to review and comment on.

In case you decide to ask the 9th Circuit for a certified copies of any decisions in your cases, I would be grateful if you email me PDFs of the requests, and the responses, if any.

Joseph Zernik, PhD
Human Rights Alert (NGO)

_______________________________________
vi. Paul Andrew Mitchell wrote:

From: freedomfightersforamerica@yahoogroups.com [ mailto:freedomfightersforamerica@yahoogroups.com] On Behalf Of Supreme Law Firm
Sent: Friday, December 23, 2011 12:24 AM
To: 123456xyz@gmail.com
Subject: [freedomfightersforamerica] 9th Circuit of known IMPOSTORS -- Pregerson / Fisher / Berzon -- "tosses" Obama birthplace challenge
 
Re:  http://www.ca9.uscourts.gov/datastore/opinions/2011/12/22/0956827.pdf

Almost forgot to mention:

David O. Carter:

http://www.supremelaw.org/rsrc/commissions/carter.david/
http://www.supremelaw.org/rsrc/commissions/carter.david/nad.certificate.htm
(no license to practice law in California)
http://www.supremelaw.org/rsrc/commissions/carter.david/state.bar.record.htm
http://www.supremelaw.org/rsrc/commissions/carter.david/state.bar.record.2.htm
http://www.supremelaw.org/rsrc/commissions/carter.david/affidavit.gif
http://www.supremelaw.org/rsrc/commissions/carter.david/oath.gif

(Carter's Forms administered by Terry J. Hatter, another known impostor):
http://www.supremelaw.org/rsrc/commissions/hatter.terry/
http://www.supremelaw.org/rsrc/commissions/hatter.terry/nad.missing.credentials.htm

(no OATH OF OFFICE and no APPOINTMENT AFFIDAVITS)
http://www.supremelaw.org/rsrc/commissions/hatter.terry/nad.certificate.htm
(no license to practice law in California)
http://www.supremelaw.org/rsrc/commissions/hatter.terry/state.bar.record.htm
http://www.supremelaw.org/rsrc/commissions/hatter.terry/state.bar.record.2.htm
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)

http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)
All Rights Reserved without Prejudice
_______________________________________
vii. Paul Andrew Mitchell wrote:

----- Forwarded Message -----
From: Paul Andrew Mitchell
Sent: Thursday, December 22, 2011 9:12 PM
Subject: 9th Circuit of known IMPOSTORS -- Pregerson / Fisher / Berzon -- "tosses" Obama birthplace challenge
http://www.ca9.uscourts.gov/datastore/opinions/2011/12/22/0956827.pdf

Summary: known impostor/"robes" get routinely assigned to any case
that challenges any aspect of "public policy".

Harry Pregerson:

http://www.supremelaw.org/copyrite/pregerson/
http://www.supremelaw.org/copyrite/pregerson/nad.certificate.htm

(no license to practice law in California)
http://www.supremelaw.org/copyrite/pregerson/state.bar.record.htm
http://www.supremelaw.org/copyrite/pregerson/state.bar.record.2.htm


Raymond C. Fisher:
http://www.supremelaw.org/copyrite/fisher/
http://www.supremelaw.org/copyrite/fisher/affidavit.refused.JPG
(defective OPM SF-61 APPOINTMENT AFFIDAVITS)
http://www.supremelaw.org/copyrite/fisher/nad.certificate.htm
(no license to practice law in California)
http://www.supremelaw.org/copyrite/fisher/state.bar.record.htm
http://www.supremelaw.org/copyrite/fisher/state.bar.record.2.htm

Marsha S. Berzon:
http://www.supremelaw.org/copyrite/berzon/
http://www.supremelaw.org/copyrite/berzon/affidavit.refused.JPG

(defective OPM SF-61 APPOINTMENT AFFIDAVITS)
http://www.supremelaw.org/copyrite/berzon/nad.certificate.htm
(no license to practice law in California)
http://www.supremelaw.org/copyrite/berzon/state.bar.record.htm
http://www.supremelaw.org/copyrite/berzon/state.bar.record.2.htm

Very interesting revelations here about Harry Pregerson and Dean D. Pregerson
by the late Gary Wean, former LAPD Detective:

http://www.supremelaw.org/copyrite/pregerson/gary.wean.article.htm
(search for "Pregerson" -- all occurrences)

http://www.supremelaw.org/rsrc/commissions/evidence.folders.2004-03-16.htm#CDCA
http://www.supremelaw.org/rsrc/commissions/pregerson.dean/
http://www.supremelaw.org/rsrc/commissions/pregerson.dean/nad.missing.credentials.htm
(missing all 4 credentials!)

--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)

All Rights Reserved without Prejudice
_______________________________________
viii. Ron Branson wrote:

At 01:45 AM 12/24/2011, Ron Branson wrote:

Pastor Wiley, I just received the announcement of the dismissing of your Ninth Circuit appeals case challenging the qualifications of Barack Obama to be president. I though I would apprise you that the I just received the dismissal of my Notice of Appeal to the Ninth Circuit. I instantly appealed the dismissal of my suit in fraud, and paid the $455 filing fee. Five days later the Court issued a noticed of intent to dismiss the Notice of Appeal. They said the issue presented on appeal was insubstantial. There was as yet any issue presented on appeal. I opposed the Order of intent to dismiss my appeal, and I received a Dec, 6, 2011 Order dismissing my Appeal, stating "The questions raised in this appeal are so insubstantial as not to require further argument." They cite to U.S. v. Hooton, 693 F.2d 857. But that case is inapplicable as it refers to a case wherein the Appellant filed an opening brief, citing his argument on appeal. Here, there is no opening brief, nor are there any questions presented on appeal.

Rule 3(c)(4) states, "An appeal must not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice." My Notice of Appeal follows precisely as shown in Form 1in the Appendix. This shows a preconceived plan by the Ninth Circuit to cut off the right of appeal at the Notice stage before any appeal issues can be presented. Attached is my opposition to dismissing my Notice of Appeal.

Ron Branson
_______________________________________
ix. Gary Zerman wrote:

From: Gary Zerman
To: lawsters@googlegroups.com
Subject: And Another One Bites The Dust
Date: Thu, 22 Dec 2011 19:17:10 -0800

To All:

If there is one case that illustrates why we have birth certificates/records and have courts of law, it is that of Barack Obama (BO).

Yet another one bites the dust.  GLZ.
____________________________________

Appeals court tosses Obama birthplace challenge

 By PAUL ELIAS | AP 4 hrs ago

SAN FRANCISCO (AP) The so-called birther movement was dealt another legal blow Thursday when a federal appeals court tossed out a lawsuit challenging President Barack Obama's U.S. citizenship and his eligibility to serve as commander in chief.

The 9th U.S. Circuit Court of Appeals ruled that none of the challengers had legal standing to file the lawsuit on Jan. 20, 2009, the day Obama was inaugurated. The three-judge panel cited various reasons for disqualifying six sets of plaintiffs, who included Obama's political rivals, taxpayers and military personnel.

The birther movement has filed multiple lawsuits over the issue, so far with no success. Its leaders have lost similar challenges before the U.S. Supreme Court and the California Supreme Court.

The U.S. Constitution says only "a natural born citizen" may serve as president. The challengers allege that Obama, whose father was Kenyan, was born in that African country, rather than the U.S. state of Hawaii. They claim his Hawaii birth certificate is a forgery.

The appeals court didn't address the authenticity of the birth certificate, instead ruling that the challengers couldn't show "concrete injury" from the allegations.

The taxpayers listed in the lawsuit, for instance, failed to show how the citizenship question affected any federal taxing and spending provisions.

The lawsuit was filed in 2009 by 40 plaintiffs, including conservative activists Alan Keyes and Wiley Drake, who ran for president and vice president respectively as members of the American Independent Party against Obama in 2008.

They alleged they had standing to file a lawsuit because of their interest in competing in a fair election. Libertarian Party vice-presidential candidate Gail Lightfoot was also a plaintiff.

Judge Harry Pregerson, writing for the three-judge panel, said Keyes and Drake waited too long to file their lawsuit. The election was over and Obama was already sworn in when the lawsuit was filed.

"Once the 2008 election was over and the President sworn in, Keyes, Drake, and Lightfoot were no longer 'candidates' for the 2008 general election," Pregerson wrote. "Plaintiffs' competitive interest in running against a qualified candidate had lapsed."

Orly Taitz, one of the challengers' lawyers, said she would ask the appeals court to convene a special 11-judge panel to reconsider the case. If she's turned down there, she said she would ask the U.S. Supreme Court to review the case.

Taitz said she has filed similar lawsuits in five states and has two other federal appeals pending in Washington, D.C.

http://news.yahoo.com/appeals-court-tosses-obama-birthplace-challenge-191256867.html

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Content-Type: application/octet-stream
Content-Disposition: attachment; filename="Opposition to Order Filed Oct 25"
 2011Re Order to show cause-17-11.docm"

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