Category Archive 'California'
17 Nov 2008

Philip J. Berg’s federal lawsuit challenging Barack Obama to document his US citizenship was dismissed last month in Philadelphia on the grounds that the plaintiff lacked standing.
Now, Alan Keyes, who does possess standing, having himself appeared on the California ballot this year as candidate for president of the American Independent Party, is suing the Secretary of State of California in Superior Court in Sacramento, asking the court to order that she refrain from certifying the election of the democrat party’s individual presidential electors until Barack Obama provides proof of his eligibility with respect to citizenship for the presidency.
Keyes v. Bowen pdf
In case Senator Obama cannot present proper documentation verifying his citizenship, he cannot be elected President of the United States, and SOS (Secretary of State) has a duty to bar the casting of votes by California Electors in support of his candidacy.
67. To avert a constitutional crisis which would certainly accrue after the election through laborious legal challenges, this writ seeks to resolve such complaints. It was incumbent on the candidates to present the necessary documentation confirming his citizenship, but, to date, Senator Obama has failed to do so.
68. At this point, Senator Obama has not allowed independent or official access to his vault (original hospital) birth records and supporting hospital records. Senator Obama’s citizenship status has been, and is being, challenged in 17 different legal actions in various federal and state courts, which challenges cast doubt on the validity of the electoral process, regardless of outcome, if not resolved prior to the certification of the election by the Electors. SOS is specifically charged with certifying and guaranteeing the validity of official documents and overseeing the elections in California, such that the people’s confidence in the fundamental aspect of democracy is maintained. To date, in this regard, SOS has not carried out that fundamental duty.
69. This writ requests a court order barring the SOS from both certifying to the Governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that is a “natural born†citizen of the United States and does not hold citizenship in Indonesia, Kenya or Great Britain. In addition, this writ requests a court order barring the California Electors from signing the Certificate of Vote until such documentary proof is produced and verified showing that Senator Obama is a “natural born†citizen of the United States and does not hold citizenship in Indonesia, Kenya or Great Britain.
70. Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal. …
74. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had “personally seen and verified that the Hawaii State Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.†That statement failed to resolve any of the questions being raised by litigation and press accounts. Being “on record†could mean either that its contents are in the computer database of the department or there is an actual “vault†original.
75. Further, the report does not say whether the birth certificate in the “record†is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the child’s birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault
Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth.
76. An unprecedented and looming constitutional crisis awaits if a President elected by the popular vote and the electoral vote does not constitutionally qualify to serve in that capacity. In addition if Senator Obama is not a “natural born†citizen and not eligible for presidency, Senator Obama will be subject to the criminal Provisions of the California Elections Code, stating, “Any person who files or submit for filing a nomination paper or declaration of candidacy knowing that it, or any part of it, has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment†(California Elections Code § 18203). …
79 However, there are a number of separate reasons that would make Senator Obama ineligible to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney General of the State of Pennsylvania, filed a legal action against Senator Obama and the Democratic National Committee. With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that Senator Obama was born in what is now Kenya (the British East African Protectorate of Zanzibar at the time) and that his paternal grandmother was present at his birth. Senator Obama claims that he was born in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that Senator Obama has posted on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be born in three different places. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence. The only way to know where Senator Obama was actually born is to view Senator Obama’s original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him. From August 21, 2008, for over two months, Senator Obama has refused to provide his original birth certificate, even though, in his book, Dreams of My Father, page 26, he states, “… I found the article folded between my birth certificate and old immunization records…†which shows that he clearly has his birth certificate, or that he lied in his book. Particularly telling is the fact that not one single person has come forward, not a doctor, not a nurse, not a hospital administrator, nor anyone else, to state that he or she was present during this birth, except for Obama’s paternal grandmother, who affirmed that she “was in the delivery room in Kenya when he was born Aug. 4, 1961.†Additionally, when Mr. Berg served subpoenas on the hospitals mentioned above, Senator Obama refused to sign a consent form that would allow the hospitals to release any of his information. Instead, Senator Obama has hired three law firms to defend himself, and has challenged the action by Mr. Berg on a technicality, claiming that an ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by the U.S. Supreme Court. The parties in this case have standing to bring this litigation, due to the fact that Dr. Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of the United States, and Mr. Robinson is an Elector for the Keyes-Drake ticket, and Vice Chairman of
America’s Independent Party, of Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American Independent Party (California), which nominated Dr. Keyes and Dr. Drake for President and Vice President, respectively. Based on the foregoing, it is imperative for SOS to be provided proof that Senator Obama is a “natural born†citizen.
80. If he was born in Hawaii, there are four (4) other obstacles to Senator Obama’s eligibility. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and went by the name Barry Soetoro. In original legal action filed by Mr. Berg, he presented Senator Obama’s school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Senator Obama’s mother, had to relinquish her son’s U.S.citizenship in order to obtain Indonesian citizenship for him, which would make him ineligible to become a United States President. Additionally, the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country.
81. In addition, upon return to the United States in and around 1971-1972, Senator Obama would have been required to go to the then current immigration procedures to regain his U.S. citizenship. There is no record of him ever doing that. Even if he had done so, he would be considered a naturalized citizen and not a “natural born†citizen.
82. Additionally, assuming Senator Obama was born in what is now Kenya, at the time of Senator Obama’s birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and Senator Obama was automatically accorded a form of British citizenship under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his father’s citizenship.
83. Finally, in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan. The only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British.
84. Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obama’s citizenship to confirm his eligibility for the office of the President of the United States.
If Keyes, Berg, et. al. are correct in their suspicions, it appears that Americans will have inadvertently elected Joseph Biden president.
14 Sep 2008

A McCain campaign sticker on a car is enough to provoke road-rage in LA, Judy Gruen testifies.
Hours after I slapped a McCain bumper sticker on my car, somebody tore it off in the parking lot of a local courthouse. No problem; I had bought a pack of ten and replaced it when I got home. I laughed when I thought that whoever had done it probably claims to support “diversity.”
Perhaps it was the shock of seeing a McCain sticker in very blue Los Angeles, where such sightings were rare, that caused the individual to rip it off. I had certainly seen very, very few, and not a single McCain lawn sign. Meanwhile, Obama bumper stickers seem to be standard equipment on every Prius in the land. Yes, I was feeling every bit the lonely Republican.
About a week later, I also felt scared. While driving in my neighborhood one afternoon, I was suddenly distracted by the sight of the driver behind me, threateningly close on my tail. She was screaming and was very clearly thrusting the finger at me. (You know, the rude one.) She alternated this gesture with making an “M” with her other fingers, and jabbing them as well.
I knew I had not cut into her lane or violated any other rules-of-the-road etiquette. I could come to only one conclusion: my McCain sticker was causing road rage! I was consoled by the fact that, as an extreme liberal, she probably didn’t have a gun on her. On the other hand, she seemed dangerous, and I wanted an exit strategy faster than the one Obama wants for Iraq. I pulled over as soon as I could to let her pass and get to her anger management session, but instead of speeding away from me and my odious political convictions, she pulled up alongside of me, still screaming and gesturing. I pretended to look impassive, but by the time she finally drove off, emitting more than just greenhouse gasses, she wasn’t the only one who needed calming down
09 Sep 2008

The LA Times notes that the foreclosure market is working for some home-seekers.
A family of bobcats (Lynx rufus) has taken up occupancy in an empty (bank-owned) house in the Tuscany Hills development of Lake Elsinore, California.
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Hat tip to Karen L. Myers.
20 Aug 2008
Surprise, surprise.
Last week’s story of the discovery of a deceased Sasquatch in northern Georgia has been debunked. When the block of ice enclosing the alleged body was melted, a rubber Bigfoot suit emerged. California Bigfoot “researchers” claimed they had been deceived and were disappointed. George’s Clayton County Police said they were going to fire the police officer involved.
An unnamed news agency reports.
You can buy your identical Sasquatch suit.
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Original story.
14 Aug 2008


Looks like a gorilla mask, a buffalo rug, and a bear paw to me
Searching for Bigfoot, Inc. of Redwood City, California announced the alleged recent discovery of a deceased male Bigfoot in the woods of northern Georgia by a Clayton County police officer named Matthew Whitton and a friend, Rick Dyer. Robert Barrows, a Burlingame, California publicist, and Tom Biscardi, Las Vegas promoter and long-time Bigfoot “researcher,” made the announcement and claim to have seen the body personally.
DNA and photographic evidence are promised to be presented at a press conference to be held Friday, August 15, 2008, at noon at the Cabana Hotel-Palo Alto, 4290 El Camino Real, Palo Alto, California 94306.
KTVU.com story
Searching for Bigfoot, Inc.’s announcement says:
A body that may very well be the body of the creature commonly known as “Bigfoot†has been found in the woods in northern Georgia.
DNA evidence and photo evidence of the creature will be presented in a press conference on Friday, August 15th from 12 Noon to 1:00pm at the Cabana Hotel-Palo Alto at 4290 El Camino Real in Palo Alto, California, 94306. The press conference will not be open to the public. It will only be open to credentialed members of the press.
Here are some of the vital statistics on the “Bigfoot†body:
The creature is seven feet seven inches tall.
It weighs over five hundred pounds.
The creature looks like it is part human and part ape-like.
It is male.
It has reddish hair and blackish-grey eyes.
It has two arms and two legs, and five fingers on each hand and five toes on each foot.
The feet are flat and similar to human feet.
Its footprint is sixteen and three-quarters inches long and five and three-quarters inches wide at the heel.
From the palm of the hand to the tip of the middle finger, its hands are eleven and three-quarters inches long and six and one-quarter inches wide.
The creatures walk upright. (Several of them were sighted on the same day that the body was found.)
The teeth are more human-like than ape-like.
DNA tests are currently being done and the current DNA and photo evidence will be presented at the press conference on Friday, August 15th.
Alas! the publicity scheme worked only too well. Searching for Bigfoot’s web-site quickly exceeded its bandwidth limit. You can see the original press release in the Google cache, or go to the Inquisitr, who managed to get a copy via Cryptomundo (whose site is also swamped by traffic and unresponsive).
05 Aug 2008

The LA Times reports a curious local phenomenon.
A patch of land in Ventura County’s section of Los Padres National Forest where the ground recently heated up to 812 degrees continues to puzzle firefighters and geologists after weeks of monitoring.
“It’s a thermal anomaly,” said Ron Oatman, spokesman for the Ventura County Fire Department.
Firefighters responded to reports of a blaze there a month and a half ago, when observers noticed smoke rising from the parched scrub. But when they arrived, they found no flames.
Firefighters and geologists who have surveyed the area in the Sespe Oil Field are uncertain what’s causing the heat, but they do have a theory.
Allen King, a retired geologist with the U.S. Forest Service who went to the site Friday, said the smoking ground is “a normal occurrence” that does not appear to be the result of human activity.
The hot spot is in an area considered to be an active landslide that has shifted for more than 60 years. Several hundred feet below its cracked surface lie pockets of gas, tar and oil.
King said he suspects cracks along the landslide’s slope allow oxygen to enter into the earth and hydrocarbon material to “seep out” of the fine-grain shale. The combination can create underground combustion, he said.
King said the depth at which hydrocarbon material can be found “varies tremendously” and that he does not know at what depth the combustion in the oil field is occurring. The 812-degree temperature was measured Friday about a foot below the surface, he said. No other temperature checks have been made since, according to Oatman.
During Friday’s visit to the hot spot, smoke rose through five cracks in the ground. From a distance, it looked like “a small, smoldering camp fire,” Oatman said. The smoke comes and goes, he said, and fire officials expect it will last until the next heavy rainfall, when water and mud plug the fissures.
Mr. King says similar high temperatures have been recorded at that location five times since 1987.
03 Jul 2008

Victor Davis Hanson wonders why so many Obama supporters come from California’s most affluent residents, the very people who have benefited most from globalization and free trade and an economy energized by Bush’s tax cuts.
After talking to and observing lots of Bay Area affluent and staunch Obama supporters, I think the key to reconciling the apparent paradoxes is done in the following ways.
Many enjoying the good life worry that their own privilege in some sort of way comes at the expense of someone else, or they fret that their present lifestyle in ecological terms is hardly sustainable. That concern does not translate into much concrete action. SUVs (Mercedes rather than Yukons) are no rarer in Palo Alto than in Fresno, while such progressives are just as likely, or more so, to abandon the public schools, to keep their children out of East Palo Alto or away from the Redwood City ho polloi, and sent off to and on their way at elite prep and public schools. To sum up, Obama offers a reassuring sense of self-image: one can still maintain all the current mechanisms one is accustomed to in ensuring privilege, but visible support for Obama offers a sense of atonement and alleviation of guilt at rather modest cost. (We shall see whether a President Obama really ups the top rates, takes off FICA caps, raises capital gains, and so in fact takes a $50-70,000 greater annual cut from top yuppie joint incomes.)
Somehow an Obama sticker, sign on the lawn, or a lapel button has become the equivalent of a crucifix around the neck of a prosperous 16th-century burgher: easy fides of inner good and a valuable totem in reconciling the apparent irreconcilable.
21 Jun 2008


University of California at Berkeley’s efforts to construct a new athletic training center in the vicinity of its current stadium, basically atop the Hayward Fault, like any Bay Area development effort inevitably provoked protest from the local activist community.
The comedy, complete with tree-sitters and fences and police protecting them from annoyed Golden Bears football fans, has been running since December of 2006, and shows no signs of nearing an end.
The SF Chronicle finds that a long-awaited court ruling doesn’t mean a thing:
Wednesday’s ruling by Alameda County Superior Court Judge Barbara Miller that Cal’s long-delayed athletic training center is sort of legal and sort of not largely advances the legal notion that there really is something called “semi-pregnant.”
Put another way, when both sides effusively declare victory, what you have is a ruling that doesn’t really say much at all. But what did you expect? This is Berkeley.
Miller said that the $140 million project doesn’t actually sit on a fault line, although one suspects that the 3 or 4 extra feet of leeway won’t really mean much when the building slides into the bay.
Read the whole thing.
Background Dec 22 07 article at Daily Kos
TaoLive (moonbat-perspective) 8:12 video
17 Jun 2008


The LA Times happily records the triumph of ressentiment over reality in the left coast’s open air asylum.
Across the state Monday, at 5:01 p.m., the moment that same-sex marriage became legal by order of the California Supreme Court, exultant gay couples raced to be first to partake in a legal ritual long denied them.
Claiming that anyone was denying homosexuals anything is a false and tendentious kind of phrasing. No one was stopping homosexuals from marrying. Homosexuals who think they can marry are in conflict with reality not their fellow citizens. Same-sex couples can no more marry than they can reproduce.
The homosexual political movement wishes to erect a coercive regime of equality by compelling everyone else to accept a changed definition of marriage and forcing everyone to participate in the recognition and celebration of such relationships. It is really as if there were a politically influential group of madmen who used their strength within the democrat party to pass a law or obtain a judicial edict requiring all the rest of us to address each of them as “the Emperor Napoleon.”
The Supreme Court of the State of California has no more authority to change the definition of marriage than it does to decree that 2 + 2 = 5.
In the 19th century, many people in San Francisco used to greet a local madman who styled himself Emperor of the Unted States with the title he desired, indulging his absurdities with a smile at their humor. Saluting the Emperor Norton was a voluntary proposition. In today’s California, that state’s citizens and businesses will be obliged by law to recognize the imaginary status claimed by large numbers of the deranged.
14 Jun 2008

Larry Lessig:
What I mean by “the Kozinski mess” is the total inability of the media — including we, the media, bloggers — to get the basic facts right, and keep the reality in perspective. The real story here is how easily we let such a baseless smear travel – and our need is for a better developed immunity (in the sense of immunity from a virus) from this sort of garbage.
Here are the facts as I’ve been able to tell: For at least a month, a disgruntled litigant, angry at Judge Kozinski (and the Ninth Circuit) has been talking to the media to try to smear Kozinski. Kozinski had sent a link to a file (unrelated to the stuff being reported about) that was stored on a file server maintained by Kozinski’s son, Yale. From that link (and a mistake in how the server was configured), it was possible to determine the directory structure for the server. From that directory structure, it was possible to see likely interesting places to peer. The disgruntled sort did that, and shopped some of what he found to the news sources that are now spreading it.
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Eugene Volokh, who clerked for Judge Kozinski, is even more indignant.
A lawyer (Cyrus Sanai) who has long had a grudge against Judge Kozinski finds out that the Kozinski family has a network server with various files on it. The controversial files on that server aren’t linked to from the Web, and aren’t indexed on search engines. They are generally meant only for family members and a few other people who get specific pointers to them.
But the lawyer figures out the private server’s internal directory structure, rummages around, finds some of the files, and downloads them. And some of the files contain what is basically — if what I saw at Patterico’s site is representative — visual sexual humor. There are some spoofs, for instance of the MasterCard commercials, some puns, some absurdities. Kozinski, or someone in his family, apparently got them sent to him, and decided to save them alongside a bunch of other stuff he found interesting or amusing.
Now the fruit of this disgruntled lawyer’s rummaging through someone else’s personal files somehow becomes a national news story. Why? Because Kozinski is presiding over an obscenity trial? All this stuff — the sort of sexual humor that gets circulated all the time — is not remotely in the same league as what the defendant is being criminally prosecuted for. Recall that the defendant is being prosecuted precisely because his sex-and-defecation movies are so far out even by modern standards of actual pornography. Sanai’s discoveries are similar to someone’s finding that a judge who’s presiding over a drunk driving trial has some screw-top bottles of rosé wine in his cupboard at home, shamelessly displayed in a way that the whole world can see them, if the whole world stands on its tiptoes and peers through a back window. The news value of that would be what, exactly? (Yes, I know screw-tops are becoming legit, but pretend it’s ten years ago.)
OK, people are saying, it was careless of Kozinski not to make sure that the site (which was apparently managed by one of Kozinski’s grown sons) was properly secured. Sure, in retrospect, whenever something leads to this sort of media circus, by definition one would have been wise to take more care to prevent it. But surely even otherwise reasonable people might fail to plan for their enemies’ rummaging around through the files on a private family server.
It’s kind of like your parking your car on the street, locking it, but forgetting to close a back window — or like your throwing out something in the trash without shredding it and leaving the trash cans by the curb. Then someone who has a grudge against you comes by and starts using the open window to rummage around in the stuff you have piled up in the back seat, or starts rummaging through your trash. (Note that to my knowledge such rummaging probably isn’t even a crime in many places.)
Lo and behold, one of the items your enemy finds is a notebook in which you’ve pasted some visual sex jokes that people have sent you. He takes pictures of all the pages and then runs to the newspaper; because of your high-profile job, the newspapers all cover this. Should you have closed the back window? Should you have shredded the stuff before putting in the trash? In retrospect, sure. But how many of us live like that in everything we do?
Jeez, folks, Kozinski has a quirky sense of humor, and keeps some joke pictures and videos on his computer rather than throwing them away. I’m sure they aren’t the kinds of things some people would enjoy seeing. But he wasn’t trying to show them to those people! He was just minding his own business, keeping some files on his own private server. And now it’s a national news story.
17 May 2008
The Guardian:
The California Senate yesterday passed legislation that would delete membership in the Communist party as a reason for firing a public employee, a Cold War-era prohibition intended to root out communists.
Democratic Senator Alan Lowenthal called communism a “failed system,” and said his bill – Senate Bill 1322 – was intended to protect “the constitutional freedoms that we have fought so valiantly for,” including freedom of political affiliation.
California is the only state that allows public employees to be dismissed for membership in a political party.
In addition, current law requires that any organisation that applies to use a public school facility can be asked to sign a statement that “the applicant is not a communist action organisation or a communist front”.
“SB 1322 seeks to protect the rights of free speech and political affiliation by repealing the no-longer necessary statute from the books,” Lowenthal said.
16 May 2008
Eugene Volokh explains how legislation banning sexual orientation discrimination in Masasachusetts, Vermont, and California was then taken by their highest courts to constitute a new basis for interpreting their state constitutions. The California decision notes:
This state’s current policies and conduct regarding homosexuality recognize that gay individuals are entitled to the same legal rights and the same respect and dignity afforded all other individuals and are protected from discrimination on the basis of their sexual orientation.
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