Professional Documents
Culture Documents
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Conducted On:
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Location: Indiana Sta tehouse House Chambers 200 West Washington Street Indianapolis, Indi ana 46204
A STENOGRAPHIC RECORD BY: Rhonda J. Hobbs, RPR Notary Public Stenographic Reporter
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2/24/2012
A P P E A R A N C E S
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Mr. Daniel Dumezich - Chairman Mr. Anthony Long - Vice Chairman Ms. Sarah Riordan - Commission Member Mr. Bryce Bennett - Commission Member Ms. Liane Groth Hulka Member Sarah Riordan) (Proxy fo r Commission
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Mr. Dale Simmons - Co-Legal Counsel Ms. Leslie Barnes - Co -Legal Counsel Mr. Bradley King - Co-Director Mr. Trent Deckard - Co-Director Ms. Miche ll e Thompson - Campaign Finance Ms. Abbey Taylor - Campaign Finance
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CHAIRMAN D. DUMEZICH:
Indiana Election Commission is called to order. The following members of the commission are present. I'm the Chairman, Dan Dumezich, the
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Vice Chairman is to my left, Anthony Long, and to his left is Member Sarah Riordan. right is Bryce Bennett. To my far
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Staff Co-Directors are Trent Deckard and Brad King. Co-.General Counsel is Leslie Barnes and The court reporter i s Rh on da
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Dale Simmons.
Hobbs and she is from Conno r & Assoc iates, and she is seated in the balcony . First of all, I'd lik e to thank the Members of
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Indiana House of Repre sentatives for their in mak ing the House Chambers available and also for broadcasting internet . pride ourself be c ause of we ' re able Before want to e court reporter, identify yo speak. Also, speak close to one of the we n government, and
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can pick it up, spell your name when identifying yourself, and speak clearly. Do
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Indiana Election Commission and Richard Lugar Challenge VICE CHAIR A. LONG: D. DUMEZICH: Division is candidate on be and recess, to reconvene in this (A recess was taken.)
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to
CHAIRMAN D. DUMEZICH:
I hereby r ec o nve ne
the Indiana Election Commission Pub lic. Hear ing Meeting. The next proceeding wi l l be
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consideration in Cause No s. 20 12 -16 1 , 162, 163 and 176, which have been fil ed in the matter of the challenge to Barack Obama, Candidate for the Democratic Party Nomina tion for President of the United States. Since mo re than one individual has filed a challenge for this candidate, we'll begin at the front of the room, and you recognize yourself as the firs t challenger, who wish to present, identify y ourself to the court reporter, and again, after that first -- after that first challenger, just add anything you have in addition. Mr. King, can you
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report on the documents in the record? MR. B. KING: Mr. Chairman and Members of
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documents submitted by parties have been included in the Commission's binder and pursuant to the procedural rules are admitted into evidence. COMMISSION MEMBER S. RIORDAN: repeat that last sentence, Mr. King? MR. B. KING: I think the last sentenc e I Could you
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stated was and pursuant to the proced u r al r ules adopted, the documents are admitted into evidence. COMMISSION MEMBER S. RIORDAN: I don't want
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to admit them until somebody goes through them, if we could consider t h at as a Commission. CHAIRMAN D. DUMEZI CH: Certainly. So I would
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ask that t he Commission wait before admitting -all of t hese e x hibits have been submitted until we have s ome sense of their province. CHAIRMAN D. DUMEZICH: Let's just say
t hey 've been lodged with the Commission. COMMISSION MEMBER S. RIORDAN: CHAIRMAN D. DUMEZICH: mind. MR. E. KESLER: K-E-S-L-E-R. My name is Edward Kesler, Okay. Fair enough. Keep that in
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CAN-1 will be represented by Dr. Orly Taitz, and that's T-A-I-T-Z, and our issues are concerning identity issues, passport issues, Social Security number issues and education issues, and with that, I'd turn it to Dr. Taitz. VICE CHAIR A. LONG: I've got a question Can y o u
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cite us to some law in Indiana or the United States that makes the candidacy on our b all ot, that's the only issue here, is the Presi d ent of the United States is an el i gib le can didate to be on our ballot; are there any laws, anything, any reference to a Social Secu rity number and any requirement I'm asking you a question. The Constitution of the
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Does it require a
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to that requires a Social Security number valid or otherwise as a prerequisite of being a candidate for the United States of America other than the president?
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MR. E. KESLER:
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with that kind of reasoning, an illegal alien from Mexico wouldn't have to have one either. VICE CHAIR A. LONG: Surely, you're not
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contending that the President is an illegal alien from Mexico? MR. E. KESLER: that. VICE CHAIR A. LONG: MS. 0. TAITZ: MR. E. KESLER: but ... VICE CHAIR A. LONG: And are you aware that All right . No, sir, I did not say
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the Indiana courts have rul ed that President Obama is a citi zen of the United States? MS. 0. TAITZ: MR. E . KESLER: No. I have not been made aware
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of that, and the fact of being a citizen of the United States still does not qualify one to run for the highest office. VICE CHAIR A. LONG: All I'm-- all I'm
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going to say to you today is we've come here, and my position is very simple, the evidence you're offering is under oath. MR. E. KESLER: Yes, sir.
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proof, because to offer testimony under oath can be a crime in this state and it may well -- and your testimony may well be certified to the prosecutor of this county for review. We have been for four years hearing people nationwide talking about the birth and misstatements all over -- all over t h e news on this issue, and I'm just telling you I don 't thi nk that's an issue in this thing here t oda y . MR. E. KESLER: Sir, with havin g listened
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to you, I'm not concerned about the birth certificate, whether i t 's valid or not I'm
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really am not, but wha t I am concerned about is that none of u s were really given a proper chance to vet this gentleman the last time around. time. Taitz . COMMISSION MEMBER S. RIORDAN: Miss Taitz, I want to make sure he's vetted this W ith t han, I'll turn it over to Miss
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Dr . Taitz, are you and you member of the bar of the State of Indiana? MS. 0. TAITZ: attorney. I am not here as an a
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that you're here representing him so ... MS. 0. TAITZ: He misspoke. I'm here only
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concerned procedurally you will be a s ke d questions and you will answer them as a witness. We're not here to hear a five-minut e dissertation as to where you wi sh - - on things you wish to speak to. position. don't -CHAIRMAN D. DUMEZICH: Agreed. Your That' s at least my But I
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witness, s tart asking her chances. MS. 0 . TAITZ: Mr. Obama -Let's stop for a Have you -- because
what I want to do is we exhaust every challenger so they have an opportunity to ask their question and then we can get done with it? MR. E. KESLER: I have explained what I had
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point your challenge is done and have turned it over. So please, whatever you do -- don't
implicate anything the prior challenger has said, only bring forth new evidence, and remember you're limited to five minutes.
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Oral ly , what
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With that, I will provide a nd a uthen ticate the evidence. According to I ndi ana Code 3-8 --
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3-8-1-6 and 3-8-2-14, t he candidate for the U.S. President has to b e a natural born citizen. According to Art icl e 2, Section 1, Paragraph 4 of the U.S . c onstitution. VICE CHAI R A. LONG: Tell me what evidence
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you have that he was not born in the United St a te s? M S. 0. TAITZ: Yes, sir. First of all, According
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think we know what a natural born citizen means. MS. 0. TAITZ: First of all, the evidence
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shows that Obama is not his legal name, and I brought forward a declaration that was obtained on the Freedom of Information Act showing that, and you have it in your packets, that in Mr. Obamas mother passport records, he is listed under the last name of Soebarka, who lived in Indonesia, and in his school records, hes listed under the last name of Soetoro . You have no legal right to put on the ballot an individual whose last name is no t even his. are you putting on the bal l ot, Mr. Obama or Mr. Soetoro or Soebarka? VICE CHAIR A. LONG: evidence. MS. 0. TAI TZ : Sir. Were going to -- I Do you have -- show me Who
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will tre at you with the respect that you deserve and I exp ect to be treated the same. Show me
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the evi dence that you have that this person youre identifying in Indonesia is Barack Obama, and I want you offering that certified -properly certified, authenticated records from Indonesia that youre identifying MS. 0. TAITZ: Sir, first of all, this is
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You received two Federal Express packages with the records of the Freedom of Information Act that were received, passport records of Stanley Ann Dunham, deceased mother of Mr. Obama, showing, and you have it in your packets that in her passport records, he is listed on under l a st name Soebarkah so this is not the last name of Mr. Obama. He was supposed to be here and r ebut t his evidence, and first of all, with p ri or c a ndidates you have issued a default r ulin g when the candidate did not show up to rebut any evidence, and before we even go into this, I wo ul d like to know why a default is not being is sued against Mr. Obama; is there preferenti al t reatment against somebody who is CHAIRMAN D. DUMEZICH: You are a witness. MS . 0. TAITZ: M R. C. SWIHART: isn't a default? VICE CHAIR A. LONG: it. I'm going to object to You Okay, Mr. Situate will ask. Okay. I'll ask why there You are a witness.
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don't ask questions to us. MR. C. SWIHART: Okay. Why isn't there a
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default against Mr. Obama? VICE CHAIR A. LONG: we're not witnesses and ... MR. C. SWIHART: judgment. MS. 0. TAITZ: MR. C. SWIHART: me, ruling. VICE
ca~IR
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Okay.
I demand a default
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A. LONG:
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CHAIRMAN D. DUMEZICH :
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of the motion to deny a default judgment, indicate b y saying aye? THE COMMI SSION: Aye.
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going to turn to whether you meet your burden, and so far, I don't think anything -- any of
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these documents have be properly authenticated. I don't know where they came from.
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I don't know
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why they should even be admitted by the Commission. MS. 0. TAITZ: Ma'am, I have presented -Excuse me. Just so
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CHAIRMAN D. DUMEZICH:
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you understand what happened, he asked for a motioni right, and at that point the motion was denied, okay. Now ... I wonder why. Yeah, it 's denied.
MS. 0. TAITZ:
CHAIRMAN D. DUMEZICH:
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Now here's the other part of this, now you can make -- because he did that, b e cause he started it off, they have now made a motion going in the opposite -- they're going to make a motion going in the opposite dire ct ion which is going to be to leave him on the ballot, okay? MS. 0. TAITZ: Yeah. And the case will be
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as a attorney conducted a court hearing in the State of Georgia and I provided you with court records from the State of Georgia where several witnesses testified under oath, under penalty of perjury, and there is nothing to rebut by Mr.
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to testify in front of us, so we can only hear testimony given in front of us. MS. 0. TAITZ: So you have some 300 pages
in the packets that were sent to you of sworn testimony from the Administrative Court in the State of Georgia. You also have evidence - -
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exhibits that were admitted in eviden ce in the State of Georgia. So I'm here to authent icat e, yes, what you have is indeed the -- a court transcript and evidence from the court h e aring in the State of Georgia where I was an attorney. VICE CHAI R A. LONG: into evidence ? MS. 0. TAI TZ: Yes, I do. I would move that we You're offering this
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deny this evidence because it is not properly certified. att orney. And you hold yourself out as an You're not you would know that
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you're not the person to certify court records. So these are not certified records. You've sent
a packet of several hundred pages of whatever it is, and it's not certified, so you're offering
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it into evidence as records of another court, or of a court in the State of Georgia, among other things, and I do not believe it meets any standard for admissibility as evidence under either the Administrative Adjudication Act or any of the rules and procedures that we are familiar with. So my motion is to deny the se
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documents as exhibits. MS. 0. TAITZ: Okay. I will cont inue . I'll second
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that so that we can discus s tha t jus t very briefly, Mr. Chairman. CHAIRMAN D. DUMEZ I CH : Su re. I've taken a
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look through t he se 3 00 pages and they're actually n o t CHAIRMAN D. DUMEZICH: right. COMMISSION MEMBER S. RIORDAN: CHAIRMAN D. DUMEZICH: the floor, discussion COMMISSION MEMBER S. RIORDAN: CHAIRMAN D. DUMEZICH: Riordan.
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Sure.
There's a motion on
Okay.
Commissioner Member
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Thank you,
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and actually they're not 300 pages of sworn testimony. There are several un-numbered pages
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of proposed findings of fact and conclusions of law which is a so-called legal document that you drafted -- no grounds for admission, 100 p e rcen t hearsay. And then we have several pages of typed transcript, which I've read some o f, a n d it's actually pretty ridiculous, but aga i n, 100 percent hearsay, inadmissible. And then there are a number
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of many illegible document s, totally unclear where they came from, whether they were printed off the internet or just some random other source. that is appropriately before the Commission. There's been no personal authentication or certification or any reason put forth why this body shoul d be taking the public's time to even review these documents for a minute. And so with that, I Nothing
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would ask that, unless there's any more discussion, I'd like to call the question on the motion to deny the admission of this evidence so that we can move forward to looking at this on the merits. MS. 0. TAITZ: I have more evidence aside
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discussion phase of the Commission at this point in time. The way -- the way that I look at this
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is youve submitted these documents, these documents are lodged with the Commission. Regardless of what happens today, you have a remedy, which is a judicial remedy, wh ich woul d be more appropriate than -- frankly , I woul d get an attorney in Indiana, okay, who s li c e n sed here to put together a case , b e caus e what I see in front of me and I bel ieve those -- Ive reviewed these document s , and believe me, not a fan of Barack Obama , but he is the President of t he Uni ted States and he should not be subjected to thi s sort of evidence because its not sub st a ntiated its als o h earsay. MS . 0. TAITZ: have e vidence here. Sir, its not hearsay. Youre not willing to
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li sten because you have decided and this lady has her decision and her mind made before this even started just by saying this was ridiculous. What is ridiculous? my affidavit. I personal -- I provided
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Im here to authenticate my
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affidavit.
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what is ridiculous in me authenticating my own affidavit? that? CHAIRMAN D. DUMEZICH: address her or ... COMMISSION MEMBERS. RIORDAN: going to. CHAIRMAN D. DUMEZICH: on the floor. UNIDENTIFIED SPEAKER: CHAIRMAN D. DUMEZICH : you're out of order. UNIDENTIFIED SPEAKER: order. COMMI SSI ON MEMBER S. RIORDAN: MS. 0. TAITZ: Wow. No, you're out of (In disce rnible.) Whoa, whoa, whoa Do we have a motion I'm no t Do you want to Can you explain what is ridiculous in
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gen tleman be removed from the chamber. UNIDENTIFIED SPEAKER: me removed from the chamber? VICE CHAIR A. LONG: meeting. You're disrupting the You're going to have
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you're a challenger, you take your time and you come up and you do it. UNIDENTIFIED SPEAKER: attacked them first. CHAIRMAN D. DUMEZICH: anybody. MS. 0. TAITZ: let us speak. UNIDENTIFIED SPEAKER: MS. 0. TAITZ: (Indisce rnib le. ) Yes, you did. You wouldn' t I didn't attack But then you
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You made your mind before I even st a rted. don't you let me speak and provide authentication for my own affidavit?
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Let the
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people of the State of Indiana and me see the evidence. MR. E. KESLER: Mr. Chairman, may I
before you speak before you finish up, I would say that you were very cordial when I first sat down . You, sir, were not. Ma'am, you were not.
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Whatever you do with the challenge is entirely up to you, and we accept that. However, the fact that you instantly jump down my case over something like the Social Security number, do you realize if a man uses the wrong Social Security number wait a minute, wait a
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House of Representatives and seek to have him impeached. MR. E. KESLER: And you know what they wi l l
say, well, we cant impeach him becau se , go s h , he's probably not the president. do then? MS. 0. TAITZ: evidence. CHAIRMAN D. DUMEZ ICH : Th is has turned into Sir, we nee d to provide What woul d you
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a -- you know what, le t 's go to the recess. Lets take a fi ve -minute recess. (A re ces s was t aken.) CHAI RMAN D. DUMEZICH: I let a dialogue I'm not You'll have
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y our opportunity to present, Members of this Commission will question you when that's up, when that time is up, and then we'll go to a ruling, but your documents will be lodged with the Commission. clock.
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MS. 0. TAITZ:
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individuals agreed to give me their time, and you stated that you allowed five minutes per person so I ... CHAIRMAN D. DUMEZICH: Five minutes, and
then anything that 1 s not duplicative, so in total, the most you can go is ten minutes u nde r any circumstance. MS. 0. TAITZ: Okay. Thank you . The
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challenge for Mr. Obama is due to following evidence. In 2008, when M . Obama g ot into the r
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Whitehouse, we did not hav e sufficient evidence. Today, we have suffici e nt evi d ence, certified records with a signature on the penalty of perjury from the Department of State showing that in hi s mother 1 s passport records, Mr. Obama is listed under last name Soebarkah. Even if you were to disregard anything, it shows t hat he is trying to get on the ballot on the name that is not his. is . We don 1 t know who this man
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legal change of name Soebarkah -- from Soebarkah or Soetoro. Next, in Indonesia, in his registration for school in Indonesia, Mr. Obama was listed under the
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There
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is no evidence -- Mr. Obama is not providing any evidence to show that his citizenship is not Indonesian. Furthermore, Mr. Obama, personally, posted online his tax returns. Even though the
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Constitution does not state that you have t o h ave a valid Social Security number, the que st i on is Indiana Constitution states that you h ave t o be a naturally born citizen. naturally born? How due prove that you're
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identification papers, and t he basis for this challenge is that Mr. Obama does not have any valid identification papers. The records show that he's using a stolen Social Securi ty number that was issued in 1977 in the Stat e of Connecticut to an individual born in 1890. Thi s man is a criminal, ma'am, and
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gen tl emen, and you are covering up forgery and Soc i al Security -CHAIRMAN D. DUMEZICH: Let's stop. case. MS. 0. TAITZ: Okay. We're not covering
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anything up.
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you're disrespectful like that one more time, you're butt's going to be gone. MS. 0. TAITZ: Okay. You got that? Mr. Obama has
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posted -- he, personally, posted onl i ne h is tax returns. returns. In 2008 he posted online h is t ax I'm testifying that I, per son a l ly, saw
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his tax returns and saw the m t h rough Adobe Illustrator and thousands o f U.S. citizens could see those tax returns t hro ugh Adobe Illustrator. When you -CHAIRMAN D. DUME ZICH: Do you understand That is not a Do you
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what you're h olding in your hand? income t ax re tur n. know what that is? MS. 0. TAITZ:
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i nc ome tax return of Mr. Obama that he, personally, posted online. whole tax return. I brung I did not bring the brought just one
page to show that on his tax return, that when you open it in Adobe Illustrator, his full Social Security number is visible, and I also
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provided in the packet information showing that the Social Security -CHAIRMAN D. DUMEZICH: MS. 0. TAITZ: Okay. Okay. This goes to Please give me that.
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Tax Return -- quiet, I'm talking. MS. 0. TAITZ: I. didn't say a word. You jus t di d .
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you c an slap the desk all you want, but the fact of the matter is when someone represents that thi s is an income return that the president filed, it's wrong on its face. This goes to the creditability this goes to
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the credibility of everything somebody says when there's -- she's going to tell us that this is an
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So
if this isn't accurate, it calls into the question the rest of the evidence. MS. 0. TAITZ: Sir, this is one of the
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pages that was filed -- let me correct myself, one of the pages that was filed by Mr. Obama on April the 15th, 2010. Obama's tax returns. page, gift return. CHAIRMAN D. DUMEZICH: You're n ow It was a packet of M r. With it, there wa s this
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describing it differently t han you d id in the past. COMMISSION MEMBER B. BENNETT: Is your
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point that there i s a Soci al Security number on this document? MS. 0. TAITZ: Yes. All right.
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itself on whitehouse.gov. it .
United States of America, until last year, when Mr. Obama changed it, the Social Security numbers were assigned by states. three digits signify the state.
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state of Connecticut.
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Moreover/ I have my own affidavit that I provided you in your packets. authenticate my own affidavit. I'm here to That states that Ir
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personally/ went to Selective Service onlin e/ those are Selective Service records showing -- when you go online verification/ you enter a pe rs on' s last namer Social Security number 1 and date of birth. I entered the Social Se cur ity number that Mr. Obama posted himself - - 042-68-4425 1 and I entered -- I
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Barack Obamar and date of birthr to see that he is indeed using t hi s number/ and I got the resultr and it is in your packets showing that he is indeed using this Soc ial Security number which is a Connecti cut Social Security number. If it would have been somebody who is a Latino/ who came from Mexico 1 and the Commission or anybody else would have seen this evidence 1 you would have stated this is circumstantial evidence of identity fraud 1 of identity theft. The only
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reason not to come to this conclusion is being biased in favor of Mr. Obamar and here I would like
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to present this for you. Next, I have a self-check E-verify where Mr. Obama's name was entered, and it says SSA record does not verify. Next I have Social
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Security number verification systems where Mr. Obama's -- the number that he's using, 042-68-42 2 5, his name, Barack Obama, and his date of bi r th
8/4/61 was entered, and it says fail e d .
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number verification systems shows that he fails yet another check. CHAIRMAN D. DUMEZICH: time? COMMISSION MEMBER B. BENNETT: have expired. MS. 0. TAITZ: Next. Wrap on up in 30 Five minutes Where are we on
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Obama never showed up to show a valid birth certificate. He doesn't have it. He posted
online a piece of garbage and he's posting it on mugs and T-shirts claiming that to be a copy of his birth certificate. copy to show it? Where is the certified I have
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I am just a citizen.
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no access.
State of Hawaii in order to check the original. The State of Hawaii is stonewalling and refusing to show the original to verify that what Mr. Obama posted online is indeed a true and correct copy of his birth certificate. online when CHAIRMAN D. DUMEZICH: seconds are up. Maam, y o ur 30 What was posted
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matter of Cause No. 2012 -1 61 , 2012-162, 2012-163, and Cause No . 2 012-176. been closed. The records
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COMMISSION MEMBER S. RIORDAN: CHAIRMAN D. DUMEZICH: discussion? (No response. ) CHAIRMAN D. DUMEZICH:
Is there any
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please indicate by saying aye? THE COMMISSION: Aye. All opposed, nay?
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Republican Party Nomination for President of the United States. Mr. Callahan, please c ome down ,
Laura Dennen is the challenger i n Cause No. Do we have a report from the fr om s t aff, Mr. Cha i r man, and M the provided to However, in filed with t h e Election Divis ion president. that doe s n 1 t IRMAN D. DUMEZICH: VICE CHAIR A. LONG: Not on the ballot at thi s ma tte r were the candidate. no petitions or the of
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so if we agree to dismiss this, that person is not going to be on the ballot anyway? CHAIRMAN D. DUMEZICH: That 1 s correct.
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CHAIRMAN D. DUMEZICH:
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(No response. ) CHAIRMAN D. DUMEZICH: it. Indiana. VICE . LONG: I just 4-0, the ayes have
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you got this down w MR. R. SCHEELE: CHAIRMAN D. fault all along. VICE this, SCHEELE: Tha t's the end of our LONG:
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bee n his
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and thank y o u v ery much. CHAIRMAN D. DUMEZICH: it. Thank you. That's
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Second.
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There's a motion
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All opposed?
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2/24/2012
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I, Rhonda J. Hobbs, RPR, and a Notary Public and Stenographic Reporter within and for the County of Hendricks, State of Indiana at large, do hereby certify that on the 24th day of February, 201 2 , I took down in stenograph notes the foreg oing proceedings; That the transcript is a full , t r ue a n d correct transcript made from my st e nograph notes. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my not a r i al seal this day of December, 201 2 .
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17 NOTARY
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P U B L I C
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