PERMISSION TO COPY DENIED, HRS 606.13, etc.

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII

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DR. ORLY TAITZ, ESQ., Plaintiff, vs. LORETTA FUDDY, et al, Defendants.

CIVIL No. 11-1-1731

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTED BY: Cheryl A. Dixon, RPR, CRR, CSR #431 Official Court Reporter State of Hawaii APPEARANCES: DR. ORLY TAITZ, ESQ. JILL NAGAMINE REBECCA QUINN Deputies Attorney General Pro Se For the Department of Heal th TRANSCRIPT OF PROCEEDINGS had before the HONORABLE RHONDA NISHIMURA, Judge

presiding, on Wedn esday, November 30, 2011, in the above-entitled matter. Emergency motion for rehearing

motion to stay final order pending rehearing.

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Wednesday, November 30, 2011

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(Case called.) THE BAILIFF: MS. TAITZ: plaintiff, pro se. MS. NAGAMINE: Good morning, Your Honor. Jill Appearances, please. Orly Taitz. Attorney Orly Taitz,

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Nagamine, Deputy Attorney General.

Present with me, Rebecca

Quinn, Deputy Attorney General, representing the Department of Health. Before we begin, Your Honor, I do have objections to the media coverage and I would ask it be turned off while I make those objections to the Court. THE COURT: All right. Turned off while you

make the objections and then we can address that. MS. NAGAMINE: Thank you, Your Honor. Two

objections, first a general objection.

In general, these

proceedings and others like them just give more attention and draw more attention to this meritless issue. We think it's

time to stop encouraging the so-called birther conspiracy theorists by not giving them the attention that they seek in the media. Secondly, my specific objection to this particular reporter is that according to Mr. La France's request, I do not believe that he's a legitimate media

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etc.

He has already demonstrated that he is biased

cut from the same cloth as Ms. Taitz and other

birthers because he has submitted a letter to the Office of Elections in support of another petition of Ms. Taitz's telling them that a no response to Ms. Taitz's petition could surely be seen as an act of complicity. Honor. Those are my objections, Your

I hope the Court finds good cause, which is the

standard under Rule 5.1. MS. TAITZ: Your Honor, if I might respond? This is not a private

This is an issue of national importance. matter.

This is not a divorce or a custody hearing where

typically media is not allowed or such objections are granted. We're talking about presidency of the United States. I have

here citizens of the State of Hawaii, voters in the State of Hawaii, who yesterday together with me filed a request for an emergency hearing with the chief with Mr. Scott Nago, Chief

Elections Office of the State of Hawaii.

We have serious issue

of fraud committed in relation to national presidential election. is? If this is not a place where media is allowed, where

This is the most important issue when -- of constitutional In this kind of case

rights of 311 million American citizens. media should be allowed. Additionally,

I would ask to strike from the

record inappropriate characterizations by the Deputy Attorney General where she is stating this is a birther conspiracy, he's

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and complicity of Deputy Attorney General in that legitimate issues of constitutional eligibility of the president, in light of the fact that what he claims to be a copy of his original birth certificate was found to be a forgery, in light of the

fact that he verifies -- states that the social security number that he is using was never assigned to him. important issue. This is the most

And it only shows that this Deputy Attorney

General is not seeking to get to the truth, give truthful information to the public, but she is being complicit in trying to cover up the issues of fraud and forgery. The public is

entitled to know and get such truthful information. Your Honor, I came from a communist country. was born and raised in the Soviet Union where public did not have a right to know. And I'm arguing those cases pro bono. I'm doing it pro bono because I'm
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Ms. Nagamine is being paid.

trying to uphold the constitutional rights of the U.S. citizens. THE COURT: Ms. Taitz, both sides, let's set Let's hear the merits of Let's proceed on

aside any type of characterizations. the motion. Let's proceed.

You can turn on.

the merits of the motion. We're here on the emergency motion for rehearing motion to stay final order pending rehearing. Now, it has been

brought to my attention, Ms. Taitz, that you were trying to

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etc.

file an amended motion. MS. TAITZ: THE COURT: MS. TAITZ: statement in regards to -THE COURT: to file an amended motion? No. No. No. What rule do you seek Yes. Under what rule? Your Honor, I actually have a

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Because you understand, motions are

governed by HRCP Rule 7 as well as the Circuit Court Rule regarding setting of motions under Rule 8, so I don't see anything that pertains to amended motions because if you wish the Court to consider your amended motions, we need to set a new hearing date under Rule 8. MS. TAITZ: My concern, Your Honor, that I have

submitted an amended motion -THE COURT: answer my question. No. No. My question -- Ms. Taitz,

Do you wish the Court to consider an

amended motion because it is a new motion since you're inserting new arguments, new facts, new issues, and under Rule

8 we need to reset the motion? MS. TAITZ: Your Honor, since I flew all the way

from California I will argue today on the original motion. THE COURT: original motion, Thank you. Go ahead. And as to the

your motion for rehearing,

are you coming

under Rule 59 or Rule 60? MS. TAITZ: Um --

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THE COURT:

Motion for reconsiderations are very

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limited in terms of the Court's review. MS. TAITZ: sorry. I believe under Rule 60 you -- I'm

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I'm sorry, under Rule 59(e), you are allowed to bring

motion for reconsideration where there was an error of law and fact and manifest injustice, so I would like to clarify that this is going to be under 59(e). THE COURT: MS. TAITZ: THE COURT: amend judgment. Now, has the judgment been filed? Not yet. Under 59(e), a motion to alter or

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Number one, has a judgment been filed because in terms of the basis of your motion if

there's no Rule 59(e)

no judgment has been filed? MS. TAITZ: THE COURT: If So that's why I needed

MS. TAITZ: THE COURT:

Sure. -- because the Court's review is

based upon what you are seeking and the legal authorities. MS. TAITZ: I have to say that coming from

another state I believed that since the order was signed the judgment was automatic. THE COURT: rule governing jUdgments. MS. TAITZ: Okay. Can -No,

it's not.

There is a particular

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THE COURT:

I don't see any judgment having been

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filed and I'd like to seek clarification from the AG. MS. TAITZ: Honor, then I would -THE COURT: No judgment has been filed yet? No, it has not, Your Honor.
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Okay.

Then I would like -- Your

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MS. NAGAMINE:

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thought it would be best to wait for today's hearing. MS. TAITZ: Then I would like to clarify that

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I'm seeking to set aside and reverse an order and on the judgment. THE COURT: MS. TAITZ: THE COURT: Rule 60; in particular? MS. TAITZ: Can I provide a supplemental brief this is an important issue. Under what rule? I believe under Rule 60 I can -There's particular subsections under

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and argue -- you know, Your Honor, THE COURT:

Ms. Taitz, it's an important issue The Court's decision has

so the Court's decision is important.

to be dependent upon what you're asking the Court to do and under what authority. MS. TAITZ: I'm asking the Court to reconsider

an existing order that was issued after the hearing on October the 12th due to the fact that new evidence was -- new evidence came forward and -THE COURT: Okay. So, to clarify, you're going

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under -- proceeding under Rule 60(b)2, which is newly discovered evidence which by due diligence could not have been discovered in time to so move under Rule 59(b). MS. TAITZ: Not only additional evidence but

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also additional error of law and manifest injustice. THE COURT: Under what particular section? Are

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you looking under Rule 60(b)6, Ms. Taitz? MS. TAITZ: HRS. THE COURT: Because there are certain standards I do not have it in front of me the

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of review for the different subsections and the Court's analysis is governed by wha t you are relying upon. I need to

follow you in terms of for me to analyze. MS. TAITZ: have I understand. In my pleadings I

I have quoted Rule 60 and provided evidence that under

Rule 60, the judgment -- the judgment or order can be set aside wh en there is a mistake of a law. THE COURT: Okay. Ms. Taitz, I'm looking at the

particular motion that you filed. 2011.

This is dated October 21, Now, I'm giving

I don't see any reference to Rule 60.

you the benefit of the doubt and let me take a look at your reply memo to see. MS. TAITZ: In reply -Excuse me, Your Honor, we did not

MS. NAGAMINE: receive a reply.

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etc.

MS. TAITZ: THE COURT:

It was sent. Okay. That's correct. The reply

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you have filed it says reply to opposition to amended emergency motion for rehearing. Now, as I informed you, Ms. Taitz, if

you're seeking the Court to consider an amended emergency motion then pursuant to both the Circuit Court Rule and the Hawaii Rules of Procedure, we need to set a new hearing date. But if you wish the Court to just address your original motion there was really no reply to the State's memo in opposition referencing your original motion. MS. TAITZ: in my oral argument. Okay. Then I will provide the reply

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I will provide reply to the opposition.

They have filed -- they have filed an opposition to the original motion. However, I do have proof of service showing

that the amended motion was received by the Court and the Office of the Attorney General THE COURT: No, but the amended motion, as I

mentioned to you, under Rule 7, of the Circuit Court Rules,

as well as under Rule 6 and 7

if it's an amended motion and you

wish the Court to have the amended motion supplant your original motion then a new hearing date needs to be scheduled. Because an amended motion, if you're seeking the Court not to

consider at all your original motion but to substitute with your amended motion, then we need to set a new hearing date. Well, I'm just trying to state that

MS. TAITZ:

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I'm greatly concerned that even though the motion was received by the Court it was never docketed and it was never given to you, and I'm concerned if I'm submitting another amended motion

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the same thing might happen. THE COURT: put in a new hearing date. MS. TAITZ: THE COURT: But it was received by the Court No. No. But, Ms. Taitz, your Well, your amended motion needs to

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amended motion needs to put in a new hearing date because it's actually a new motion. MS. TAITZ: is going on here? That's true but the question is what

Why the motion I received a reply to opposition to

THE COURT:

amended emergency motion for rehearing that was filed on November 29, 2011 at 2:57 p.m. But it references the amended

emergency motion for rehearing, which no hearing date has been scheduled. MS. TAITZ: saying is that THE COURT: MS. TAITZ: THE COURT: disappeared. In other words -the documents then disappear. Ms. Taitz, the documents have not I understand, Your Honor. What I'm

My question is that do you wish the Court to

address your original motion or do you wish a new hearing date such that the Court will substitute your amended motion?

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MS. TAITZ:

I will -- I would like the Court to flew all the

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address my original motion due to the fact that I way from California. THE COURT:

So the Court is addressing your

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original motion, and this was filed on November 1, so we have a copy of that. Now, looking at your original motion, you mentioned that it's brought upon various basis. your motion you have five separate arguments. On page 2 of Now, although

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you don't cite to Rule 60, I'll give you the benefit of the doubt and allow you to argue Rule 60, okay? MS. TAITZ: Okay. So I would like to proceed.

First, the new information that THE COURT: Now, the newly discovered evidence,

on what page is it set forth because there's no page numbers? MS. TAITZ: discovered yesterday. Your Honor, this evidence was

I had a decision by a judge in -So it's not in your motion? It's not in the original motion so I Just yesterday a

THE COURT: MS. TAITZ:

will provide you with the documents. deputy-MS. NAGAMINE: THE COURT:

Objection, Your Honor.

Ms. Taitz, as the movant you have to

put in everything in your original motion. MS. TAITZ: But if it was received yesterday --

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THE COURT:

No.

No.

But the basis, if the

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basis of your motion is on newly discovered evidence, it has to be set forth in your original motion. MS. TAITZ: apologi ze. be here. I understand, Your Honor.
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I thought that we -- that the amended motion will However, the motion that was received by the Court

that was received was certified mail disappeared, was never docketed. THE COURT: I know but, Ms. Taitz, you're

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mentioning newly discovered evidence in connection with your amended motion which is not before the Court. MS. TAITZ: Okay. So I'm providing newly

discovered evidence in connection with the original motion. THE COURT: No, you cannot after the fact. When

you present your motion, you have to put in your motion all the legal arguments, affidavits. MS. TAITZ: Your Honor, then I'm bringing an all the facts, whether it's exhibits,

oral motion right now that newly discovered evidence developed after the motion was filed and -THE COURT: So the basis of your original motion

was not based upon Rule 60(b) MS. TAITZ: evidence. THE COURT: No. No. But the basis of your It's 60(b) but also there is new

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original motion was not based upon newly discovered evidence, 60(b)2. MS. TAITZ: manifest injustice. THE COURT: Because, Ms. Taitz, if you want the It's based on error of law, based on

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Court to consider newly discovered evidence, it would be the subject of an amended motion with a new hearing date. MS. TAITZ: THE COURT: Ms. Taitz. MS. TAITZ: THE COURT: Your Honor -I don't know wha t else more because Your Honor -So I'm giving you a choice,

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I'm hearing that you have newly discovered evidence only from yesterday but your original motion made no mention of it. MS. TAITZ: Your Honor, I'm here, Deputy

Attorney General is here and I'm -- in considering the fact that I am coming from another state, I'm asking Your Honor to

allow me to submit this oral motion and give the Deputy Attorney General an opportunity to file an opposition at a later date. But considering the fact that both parties are

here and logistical difficulty of bringing this to court, I'm asking Your Honor to allow to provide the Court wi th additional evidence with Deputy Attorney General reserving her right to respond. THE COURT: So, in other words, do you wish the

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Court to consider your amended motion as a supplement to your original motion? MS. TAITZ: THE COURT: Yes. All right. Madam Attorney General,

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now that we've gotten that clarified, Ms. Taitz seeks leave of the Court to consider her amended motion with a newly discovered evidence contained therein as a supplement to her original motion giving you leave to also supplement any opposition, therefore the Court would then be taking the matter under advisement and issuing a minute order to that effect. MS. NAGAMINE: I would object to that, Your

Honor, because I have not had an opportunity to prepare argument for her amended motion and discovering that that was not on the Court's calendar. THE COURT: And to that extent then the Court

cannot hear any further argument, Ms. Taitz, because then they have not had the opportunity to look at your amended motion, look at your newly discovered evidence. So they're at a

disadvantage in that you wish the Court to allow you leave to argue from your amended motion which is not on the Court's docket. MS. TAITZ: THE COURT: Okay. Can I -- in that instance --

I'll tell you what, both sides, no

further argument but you can submit supplemental. MS. TAITZ: Yes, that's what I asked.

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THE COURT:

All right, both sides.

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you can preserve your arguments on paper on the record and the Court can issue a decision thereafter having been fully briefed on paper. I think that's fair to both sides. MS. NAGAMINE: THE COURT: So we will -you know, do you

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So in terms of

wish to just rest on your amended -- your reply to opposition to amended Ms. Taitz. see, I'm not exactly sure what all you filed, I see the reply to opposition to amended emergency Do you wish the Court to consider that

motion for rehearing.

as a supplement to your original motion? MS. TAITZ: Yes. But I will -- I do have

additional evidence that I will submit in a supplemental brief-THE COURT: that postdates today. MS. TAITZ: Then I will just submit a I will argue today But the evidence cannot be anything

supplemental brief with all the documents.

on the original motion and I will submit a supplemental brief. THE COURT: Okay. So just argue on the original

MS. TAITZ: THE COURT:

Okay.

Yes, Your Honor. You can also respond

That's fair.

oral argument on the original motion and I'll give the further briefing schedule to both sides for any supplement. So,

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therefore, the Court need not reschedule another hearing on any amended motion to be filed or considered. All right, go ahead on the original motion. MS. TAITZ: Yes. Yes, Your Honor. In the

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original motion probably the most important issue is the issue of the technique that is used to authenticate documents, authenticate and verify document. THE COURT: And that's contained in argument

MS. TAITZ:

Yes,

I believe it's number two.

The main issue is that the defense has stated and it is on record that in the State of Hawaii the document are being verified and authenticated with one word, yes, no. After the hearing I have done extensive research and there is no such rule of authentication with one word yes or no. On the

contrary, what I did find that in elections law of the State of Hawaii does state that one actually that issues of elections fraud as well as petitions in regards to change of rules can be brought under 3-171-3. And it specifically states that it is

done in according to procedures set forth in Chapter 91. Chapter 91, in pertinent areas, states

documentary evidence may be received in the form of copies or excerpts in -- if the original is not readily available provided that upon request parties shall be given an opportunity to compare the copy with the original. So it's

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actually the opposite of what's stated by Ms. Nagamine. Additionally, Hawaiian Elections Law Section 3-172-130, access to election documents, MS. NAGAMINE: states that None of

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Objection, Your Honor.

this is in Ms. Taitz's original motion. THE COURT: Ms. Taitz, is this in your original

MS. TAITZ:

In regards to the elections law I

did not state elections law but I did provide 91-10-2 as the governing law in the State of Hawaii. fact, And, as a matter of

at the prior hearing Ms. Nagamine has stated here in the

State of Hawaii if one were to ask was this person born here, the way it is done, it is done by an official saying yes or no. No, we don't have a record.

Yes, we have a record.

Ms. Nagamine didn't even give me a courtesy of citation of where she got it, which section, which law. it from? Where did she get

She just made up something on the spare of the moment So I'm stating that there is no such law. It

October 12th.

just doesn't exist. Moreover, specifically in regards to

MS. NAGAMINE:

Objection, Your Honor.

There is

no mention of elections that I can find in the original motion. THE COURT: Ms. Taitz, you need confine your

argument to the original motion.

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MS. TAITZ:

Okay.

I apologize.

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not know that the amended motion would not be docketed so it's a little hard to take out important parts. Addi tionally, today, right now as it's

well-known, there are challenges whereby citizens from allover country and starting from the first primary states of New Hampshire-THE COURT: No, I think that they're amended,

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not in your original motion. MS. TAITZ: well-known -THE COURT: No, Ms. Taitz, again, the Court is Okay. This is a fact that is

cautioning you because the Court is giving you quite a bit of latitude in terms of allowing you to supplement. But in terms

of oral argument, confine yourself to your original motion since you do not wish to return to have another hearing date on all this other argument. MS. TAITZ: Okay. Well, as Ms. Nagamine has yes, we have it in the

stated that the answer is a yes or no, vault, no, we don't,

the question is how do American citizens If we have a is releasing a

know that there is anything in the vault? situation wh ere an official,

a state official,

document which is according to expert after expert shows to be a forgery and the same official is the one who is doing authentication, how do we rely on such authentication? How do

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we know that there is anything in those vaults? of Hawaii even has those vaults?

Moreover, as I stated previously, Mr. Obama has signed a release stating that his original birth certificate can be provided, can be released to the public. has waived any rights to privacy. He has -- he

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And in response to

Ms. Nagamine, Rule 511 of the Hawaii Rules of Evidence governs it and there are no further rights the moment he has given such release. Moreover, Hawaiian Rules of Evidence 502 state that if fraud is committed -MS. NAGAMINE: THE COURT: motion. MS. NAGAMINE: MS. TAITZ: It's not in the original. Objection, Your Honor.

It's not contained in your original

It's hard for me to tell wha t's in

the original motion because I have already filed as I said amended motion and reply. THE COURT: And that's why , Ms. Taitz, I've

given you the opportunity and the choice of returning and fully arguing an amended motion wi th a new hearing date. But if you

are unable to or not willing to be bound by your original motion then we need to set a new hearing date so that you can fully argue everything in your original motion as well as any supplemental argument and any new evidence.

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Well, what I would like to do

We have here as I said two individuals

with me who filed an emergency request for a hearing with the chief elections officer. And the hearing will -- we are trying

to ascertain when the hearing will be with Mr. Scott Nago, your chief elections officer, and I was wondering if there is -- and I understand that you have a busy schedule, if there is an opportunity to coordinate those two hearings so that I would not have to fly from California twice for the hearing before the chief elections official and also hearing here? question. Another question that I have, just yesterday I That's one

was granted pro hac vice to represent clients in the state of Georgia who are bringing similar requests for disclosure and inspection of records. Is there -- and also I have nine

state's representatives from the state of New Hampshire who signed a consent and want me to represent them. Similar

motions are being filed allover the nation because the nation has a right to know and THE COURT: MS. TAITZ: What is your request, Ms. Taitz? Is there any way to maybe for me to I'm looking for,

work with your assistant and coordinate the

as I said, original document and the case is going to trial in Georgia to coordinate those maybe court hearings? THE COURT: No, each court is separate and apart

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from each other with respect to how they manage their docket. And in terms of any particular hearing dates, once you have a particular hearing date from a particular forum or venue, then if you seek a similar hearing date, then submit a motion or ask counselor request a hearing date. But until such time that

that particular request is before the Court, the Court cannot in a vacuum respond accordingly. MS. TAITZ: Okay. Okay. Then I will submit

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another amended motion apparently THE COURT: MS. TAITZ: THE COURT: another amended motion, Ms. Taitz. Yes. When you say you want to submit

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so are you withdrawing this motion and

then you plan to file another motion MS. TAITZ: THE COURT: MS. TAITZ: THE COURT: MS. TAITZ: THE COURT: exhibits, etc.? Yes, Your Honor. I will do that.
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Yes.
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for rehearing --

Yes.
-- such that you can fully brief --

Yes.
-- the

issues with whatever

MS. TAITZ: as I stated,

I have a grave concern in that twice the

documents that I submitted -- well, there are receipts, certified mail receipts, that my amended motion was received

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found out the reply that I submitted by Fed Ex was So I have a motion if I could -- I

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rejected by the Court.

prepared it as an emergency motion dealing only with the issue of -THE COURT: Ms. Taitz, you cannot -- you have to If you seek to

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follow the proper protocol in terms of filing.

file a new motion in terms of getting a new hearing date, then follow that protocol. So we can give you a new hearing date.

So the question that's before the Court is that do you seek to withdraw your present motion so that you can file a new motion to get a new hearing date? MS. TAITZ: THE COURT: stands in recess. Yes, I'll do that. All right. Nothing further, court

Motion has been withdrawn.

(The proceedings concluded.)

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STATE OF HAWAII CITY AND COUNTY OF HONOLULU

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I, CHERYL A.

DIXON, RPR, CRR, CSR #431, an Official

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Court Reporter for the First Circuit Court, State of Hawaii, do hereby certify that the foregoing pages comprise a full, true

and correct transcription of my stenographic notes taken in the above-entitled cause, to the best of my ability.

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Dated this 20th day of December, 2011.

/s/ Cheryl A. CHERYL A.

Dixon

DIXON, RPR, CRR, CSR #431

Official Court Reporter

Official Court Reporter First Circuit Court State of Hawaii