Larry Klayman Indirectly Confirms He Filed Baseless Lawsuit!!! (Or, Twomblied In Florida???)

The Courtroom Looked On In Horror As Klayman Shot Himself In The Foot

Birther Uber-Attorney Larry Klayman, Esq.  indirectly confirmed that he filed a baseless lawsuit in Florida. Here are a few excerpts from the Birther blog, The Steady Drip:

SATURDAY, SEPTEMBER 22, 2012

Florida Dem asks for ‘discovery’ into Obama eligibility

“Appellant submitted multiple sworn affidavits setting forth the fraudulent nature of Appellee Obama’s birth certificate and other identifying documents,” said the appeal of a decision by Judge Terry Lewis, who said Obama is eligible and the case shouldn’t go forward.

“Appellee Obama conspicuously offered no evidence to the contrary and instead asked for a stay of discovery in order to avoid a proper determination of his citizenship. With only appellant’s affidavits in front of him as no contra-affidavits were put forth by appellee Obama, Judge Lewis ignored this sworn evidence and incorrectly determined that appellee Obama was a natural born citizen,” the filing explains.

It continues: “A question of fact such as this cannot be determined without the parties having been given the opportunity to take discovery. Appellant was not permitted to investigate through discovery or even observe the underlying documents that allegedly establish appellee Obama’s natural born citizenship.

“If appellee Obama was born outside of the United States then he is not a natural born citizen, or even a citizen. In addition to being born within the United States, as noted above, a natural born citizen must be born to two U.S. citizen parents. If it is shown through discovery that Barack H. Obama Sr., appellee Obama’s father, was not a U.S. citizen at the time of appellee Obama’s birth, then appellee Obama is clearly not a natural born citizen as required by the U.S. Constitution.”

http://thesteadydrip.blogspot.com/2012/09/florida-dem-asks-for-discovery-into.html

Hmmm. If Klayman has never seen the underlying documents, then what basis is there for concluding they are forged? He relied in part on Sheriff Joe Arpaio’s Cold Case Posse report, which

(Click on Image to enlarge.)

Arpaio Affidavit

The problem is, that doesn’t really say much in the way of FACTS. This is a CONCLUSION. Who was defrauded out of what and how? Who prepared these documents? What information has been created, or materially altered?  The nearest thing approaching a FACT in Arpaio’s Affidavit is this tidbit:

(Click on Image to enlarge.)

The problem is that even this statement is weasel-ly. The registrar’s stamp “may have been imported from another source”??? Deputy Mike Zullo’s Affidavit is similarly wishy-washy:

(Click on Image to enlarge.)

This is more detailed than Arpaio’s statement, but still doesn’t provide any information on the facts supporting the conclusion that the stamp was imported in the document, who did it, or what the effect is in a legal sense. Further, neither Affidavit has anything at all to do with the subject matter claim of the suit, which is that Obama supposedly isn’t a natural born citizen.  If Klayma wishes to prove that Obama’s father was a non-citizen, than a copy of Obama’s book,  Dreams From My Father, would be sufficient as an admission by a party to the lawsuit.

The lack of relevant supporting factual information sounds like the kind of stuff discussed in the U.S. Supreme Court case on the limits of the discovery process,  Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). (While Twombly was a Federal case, most state’s rules of civil procedure track the Federal rules to varying degrees. Also, see Note 2, below.)  Here are a few excerpts from an Internet Article on the post-Twombly world:

All too often, discovery becomes “not merely an impermissible fishing expedition[, but] an effort to dredge the lake in hopes of finding a fish.” Texaco Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995).

Subsequent cases suggest that Twombly and its progeny may be a useful “preemptive” weapon for combating boilerplate toxic tort complaints at the trial court level — especially when it appears that such pleadings are intended to do little more than open the discovery floodgates so that plaintiffs can locate a potential factual basis for their claims at defendants‟ expense.

In Tanner v. International Isocyanates Institute Inc., No. 05-PWG-2341-E (N.D. Ala. filed Nov. 16, 2005), defendants successfully mounted a similar Twombly defense to secure dismissals of plaintiffs‟ fraudulent suppression and conspiracy claims in a putative class action at the pleadings stage.

In response to defendants‟ arguments that plaintiffs‟ blanket fraud allegations failed to provide enough specific facts to satisfy the heightened pleading standard in Twombly, the court dismissed plaintiffs‟ fraudulent suppression and conspiracy claims. The court deemed these claims deficient because plaintiffs failed “to identify the specific
fraudulent statements made to them that was fraudulent or misleading.” Tanner v. International Isocyanates Institute Inc., No. 05-PWG-2341-E at 44 (N.D. Ala. June 9, 2008) (order on motion to dismiss amended complaint).

The court‟s order noted, in part, that “factual allegations in a complaint must „possess enough heft‟ [and] plausibility to suggest that the pleader is entitled to relief … facts that are „merely consistent with‟ the plaintiff‟s legal theory will not suffice.” Id. at 16-17.

http://www.alston.com/Files/Publication/d08c5047-0bd0-4166-8477-a4f7cdd620d6/Presentation/PublicationAttachment/9ba111fa-11cb-48e3-a29c-a6bed915a0be/The%20USS%20Twombly-%20Sinking%20Fishing%20Expeditions.pdf

Here is the money quote:

Indeed, the Twombly majority expressly rejected the notion that questionable claims should be tolerated simply because they can be resolved later through discovery: “[i]t is no answer to say that a claim just shy of a plausible entitlement to relief can, if groundless, be weeded out early in the discovery process through careful case management …” Id. at 559.

Even before Twombly,  discovery fishing expeditions were considered abusive. This is from a 2001 paper on Fishing Expeditions:

The requirement that discovery must be grounded in some basis in fact survives to this day. In Koch v. Koch Industries, Inc., 203 F.3d 1202 (10th Cir.), cert. denied, 121 S.Ct. 302 (2000), the Tenth Circuit ruled on the propriety of “extraordinarily expansive discovery requests” that the proponent argued were “relevant to two broad, non-specific allegations” in their complaint. Id. at 1238. The Tenth Circuit, noting that the district court had found the “likely benefit of this attempted fishing expedition was speculative at best,” held that [w]hen a plaintiff first pleads its allegations in entirely indefinite terms, without in fact knowing of any specific wrongdoing by the defendant,and then bases massive discovery requests upon those nebulous allegations, in the hope of finding particular evidence of wrongdoing, that plaintiff abuses the judicial process.

http://www.jonesday.com/files/News/b9460163-a7f1-4083-bc48-63633cfab7a9/Presentation/NewsAttachment/90a44569-4f58-4d64-acce-5782d78bfdf0/Sedona.pdf

So, when Larry Klayman comes right out and states that he can’t prove his case without further using the discovery process, then he is admitting that his Sheriff Joe’s and Deputy Zullo’s affidavits are insufficient to prove forgery, INDIRECTLY CONFIRMING that he has no case at all. Maybe that is the reason for this Motion from Obama’s attorneys:

(Click on Image to enlarge.)

Obama’s Motion For Costs Against Klayman

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1936 courtroom drama, Disorder In The Court, starring the Three Stooges.  Of course, we have the video for you!

Note 2. Florida Rules of Civil Procedure and Fishing Expeditions. For anybody who is interested, here is a pdf of the Florida Rules, as of September 1, 2012.

Florida Rules of Civil Procedure

Also, see this piece on “Fishing Expeditions” in Florida, as they relate to one aspect of litigation:

4th DCA Endorses Fishing Expeditions

However, Florida does offer an alternative procedure of which Klayman appears to be unaware, The Pure Bill of Discovery. However, it is unlikely he, or any other Birther, could prevail there either  based on the weakness of their case.

Florida Bar on The Pure Bill of Discovery

From that article:

Publix Supermarkets, 696 So. 2d at 1371. The Fourth District vacated the order of the trial court because the petitioner simply wanted to preserve the forklift to determine if he had a cause of action and ordered that the petition be dismissed. Id. In doing so, the court stated that a pure bill of discovery is not to be used as a fishing expedition to see if causes of action exist.

Finally, Florida seems to mirror most of the Federal Rules, but some appear in separate statutes. For example, the familiar Rule 11, is contained in F.S. §57.105:

Florida Bar on F.S.§57.105

Note 3. Other Information. For people who are interested in this kind of stuff, here is a Duke Law School Internet Article by John H. Beisner

Discovering a Better Way- The Need for Effective Civil Litigation

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About Squeeky Fromm, Girl Reporter

Hi!!! I am a Girl Reporter on the Internet. I am 31. Plus I am a INTP. I have a Major in Human Kinetics, and a Minor in English. I have 2 cats, and a new kitten! I write poetry, and plus I am trying to learn how to play guitar. I think that is all??? Squeeky Fromm, Girl Reporter View all posts by Squeeky Fromm, Girl Reporter

13 responses to “Larry Klayman Indirectly Confirms He Filed Baseless Lawsuit!!! (Or, Twomblied In Florida???)

  • Sudoku

    I think Klayman’s pleadings are vile, full of misrepresentations. Just what exactly he would find in discovery of Obama’s birth records that could advance his case? He claims Obama is not NBC due to his father’s citizenship. That is not included in birth records, and as you said, Obama has stated his father was not a US citizen. In addition, his father’s immigration/passport records are online. I hope the defense gets their requested sanctions.

  • Sudoku

    I got in here http://www.clerk.leon.fl.us/index.php?section=205&server=cvweb&page=cvimage/high_profile/index.asp, but their high profile case link can be finicky and doesn’t always work for me. The last entry on the docket is dated 9/6/12 and it does not show a hearing scheduled on the motion for sanctions. That is the Voeltz II case. The appeal is of the ruling in Voeltz I. Judges in both I and II said Obama was an NBC in their orders. Apparently, Klayman does not take kindly to that.

  • David Farrar

    Just a few points because there are so many…

    “The registrar’s stamp ‘may have been imported from another source’??? Deputy Mike Zullo’s Affidavit is similarly wishy-washy:”

    If there is prima facie evidence that the stamp was moved…which there has been…a call to examine the record would be perfectly consistent with establishing ones identify.

    “…massive discovery requests upon those nebulous allegations”…

    Simply examining the record that lead Hawaiian Health Officials to issue a live-birth certificate is hardly “massive discovery requests” unless you think there is something in his files that would disqualify Obama.

    Getting this issue resolve, as I see it, has national security implications. Nobody would doubt me when I say, regardless of who win this next presidential election, his ability to gather the country behind him will be crucial to our national security. This issue must be addressed either by the courts, or by Congress. If it is to be the latter case, all of these court records can and will be used by Congress to arrive at a just and informed decision.

    ex animo
    davidfarrar

    • Sudoku

      You do not understand what prima facie means. It is presumed to be true unless it is disproved. Obama’s birth certificate is prima facie evidence of the fact of birth in any court proceeding. To challenge it, the challenger must have proof, not suspicions.

      Hawaii has issued three Verifications now, all available online. It doesn’t matter anyway, as Klayman says Obama is not NBC because of his father’s citizenship status, which is not shown on birth records. In both his other two cases in the Florida, the judges said Obama was NBC.

    • Monkey Boy

      Welcome back, David.

      We missed you. Twinky_Ike just doesn’t provide quality laughs. His stupidity (and hypocrisy) is more repugnant.

    • Monkey Boy

      And, btw, how is the quest for hospital records coming along? Odds here is even money that you will end the Obama presidency when you present yours. So, take you time. Obots are sweating bullets.

    • G

      Three simple points, David:

      1) Your use of “prima facie” is wrong again, as usual. You only demonstrate how poorly you grasp the concept.

      2) Speculation is meaningless. That is all you silly Birthers have. None of what you said is a reason for your silly fishing expedition games. So no, no magic “discovery” for you.

      3) We’ve seen his records. The state of HI has repeatedly verified that the info we’ve seen is correct. Therefore, there is NO validity to your silly questioning, nor is there anything in his records that is a problem to his eligibility – period.

      4) There are no national security implications here at all. Your problems are all in your imagination.

      5) The nation is very divided. Most of the cause for division is due to irrational emotional idiots, like you, who refuse to deal with reality or listen to reason and prefer to fill your heads with nonsense. You people are the source of the problem. Further, no political leader will be able to satisfy everyone. Some faction is always disgruntled, no matter what a President does. Such has always been the case.

    • G

      6) The courts have repeatedly proven that your Birther games are frivolous nonense. This isn’t going to change. You folks are just wasting your time on an already settled avenue. You are at a dead end and merely piling on additional failure…and increasing your chances at being sanctioned for it too.

      7) Congress is NOT going to take up your silly cause, no matter how many whiny letter campaigns you waste their time with. You are at a dead end there too.

      It is time for you to drop your pretenses and delusions and learn how to get on with your life in the real world. Your fantasy-land fears have not served you well at all.

    • Squeeky Fromm, Girl Reporter

      Hi DavidF!!!

      The problem is that when Zullo says the stamp MAY have been moved, he is just speculating. That is like somebody filing a divorce suit and saying, for grounds, “I think maybe my husband is cheating on me.”

      That is why some states have the “irreconcilable differences” basis for divorce, because you can’t always get the information to prove adultery.

      Plus, did you file another suit in Georgia???

      Squeeky Fromm
      Girl Reporter

  • Slartibartfast

    G

    September 23rd, 2012 at 8:28 pm
    Three simple points, David:

    For sufficiently large values of 3? Who do you think you are, Douglas Adams? 😛

    1) Your use of “prima facie” is wrong again, as usual. You only demonstrate how poorly you grasp the concept.

    But David “out of breath” said the magic words—that automatically makes his evidence better than anything else. How dare you try to make him look like an idiot by pointing out that he has no idea what the words he is using mean?

    2) Speculation is meaningless. That is all you silly Birthers have. None of what you said is a reason for your silly fishing expedition games. So no, no magic “discovery” for you.

    I already told you—he cast the prima facie spell and Orly probably told him that the spell would earn him discovery so it must be true…

    3) We’ve seen his records. The state of HI has repeatedly verified that the info we’ve seen is correct. Therefore, there is NO validity to your silly questioning, nor is there anything in his records that is a problem to his eligibility – period.

    Oh sure, take the Hawai’i DoH’s side just because they have the full faith and credit clause of the Constitution behind them…

    4) There are no national security implications here at all. Your problems are all in your imagination.

    Just because all of the problems that David “out of breath” has are in his own head doesn’t mean they’re not real…

    5) The nation is very divided. Most of the cause for division is due to irrational emotional idiots, like you, who refuse to deal with reality or listen to reason and prefer to fill your heads with nonsense. You people are the source of the problem. Further, no political leader will be able to satisfy everyone. Some faction is always disgruntled, no matter what a President does. Such has always been the case.

    But David “out of breath” never learned how to think critically and whatever natural ability he had has long since atrophied. It isn’t that his head is filled with nonsense, its just that anything which goes into his head becomes nonsense.

    6) The courts have repeatedly proven that your Birther games are frivolous nonsense. This isn’t going to change. You folks are just wasting your time on an already settled avenue. You are at a dead end and merely piling on additional failure…and increasing your chances at being sanctioned for it too.

    I just hope that when Orly manages to get the sanctions she so clearly deserves that David “out of breath” is liable for enough of it that he learns a lesson.

    7) Congress is NOT going to take up your silly cause, no matter how many whiny letter campaigns you waste their time with. You are at a dead end there too.
    It is time for you to drop your pretenses and delusions and learn how to get on with your life in the real world. Your fantasy-land fears have not served you well at all.

    Why would David “out of breath” want to live in the real world where there is a scary black man in the White House?

  • Monkey Boy

    Ex animal is Walter Mitty personified. In the fevered delusions of his sub-conscious, he is a super intellect and legal genius who can persuade people that the President is illegitimate to a few million dupes. And, as a consequence, Orly will give him unending poontang in gratitude. He probably has illusions of displacing Yosef in the multimillion dollar mansion.

    Thurber could have done as well writing about ex animal without exercising his imagination at all; just observe and let it flow. Surgeon, Commandant of a Naval vessel, confidant of a President…nowhere near as fanciful of ex animal’s pipe dreams.

    Just a dream

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