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APPEARANCES:
FOR THE PLAINTIFF:
VAN R. IRION, Attorney9040 Execut ive Park Drive, Sui te 223
Knoxvil le , Tennessee 37923
FOR THE DEFENDANT:
(No appearance.)
Page 2
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Page 3
I N D E X
WITNESSES: DIRECT CROSS REDIRECT RECROSS
David Welden 5
Kenneth Allen 8
EXHIBITS: FOR IDENTIFICATION IN EVIDENCE
Pla in t i f f :
1 - Bir th Cer t i f i c a t e , BarackObama, I I
2 - INS Barack Obama, Sr.Legal Sta tus
3 - Pages 214-215, Dreams From
My Father
5 6
8
7 8
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12
Page 4
P R O C E E D I N G S
JUDGE MALIHI: Thank you, please take your sea t s .
3 Good morning.
4 Counsel for the Pla in t i f f , please int roduce
5 yourse l f and your c l i en t .
6 MR. IRION: Your Honor, my name i s Van I r ion and I
7 represent Pla in t i f f David Welden.
8 JUDGE MALIHI: Good morning, s i r .
9 I 'm ready to hear from you, s i r .
10 MR. IRION: Yes, Your Honor.
11 May it please t h i s very honorable Court , l a s t
12 night , the Court received a l e t t e r from Mr. Jablonski ,
13 at torney for the Defendant . The l a s t paragraph I 'd l ike to
14 read in to the record , s t a t e s :
15 "We awai t your t ak ing the reques ted ac t ion ,
16 and as we do so , we wil l , of course , suspend
17 fu r ther par t ic ipa t ion in these proceedings,
18 inc luding the hearing scheduled for January 26."
19 As the Court can see , the - - nei ther the Defendant
20 nor the Defendant ' s at torneys are here .
21 The Secre ta ry of State responded with a l e t t e r to
22 Mr. Jablonski l a s t nigh t s t a t i ng tha t i f they don ' t show up,
23 t ha t it wi l l be a t t he i r own per i l , I bel ieve i s the quote .
24 Your Honor, the Pla in t i f f ca l l s the Pla in t i f f , Mr.
25 David Welden.
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Page 5
JUDGE MALIHI: Please .
Counsel, you have 30 minutes to conclude your
3 case, 10: 00 a.m.
4 Si r , w i l l you s tand up and ra i se your r i gh t hand?
5 Whereupon,
6 DAVID WELDEN
7 appeared as a witness here in and, having been f i r s t duly
8 sworn, was examined and t e s t i f i e d as fol lows:
9 DIRECT EXAMINATION
10 BY MR. IRION:
1112
13
14
15
Q
A
Q
A
Q
16 Georgia?
17
18
A
Q
Si r , please s ta te your name fo r the record.
David Welden.
Where do you l ive?
In Powder Springs, Georgia, in Cobb County.
Are you reg i s t e red to vote in the State of
Yes, I am.
Showing the wi tness what has been marked fo r
19 i de n t i f i c a t i on as P la in t i f f ' s 1. Are you f ami l ia r with t ha t
20 document?
21
22
23
24
25
A
Q
Yes.
What i s i t ?
(The document re fe r red to was
marked for i de n t i f i c a t i on as
P la in t i f f ' s Exhibi t Number 1.)
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A It's the bi r th ce r t i f i ca t e t ha t I downloaded from
the WhiteHouse.gov websi t e . It's a bi r th ce r t i f i ca t e
3 professed to be of Barack Hussein Obama I I .
4 Q And do you see an i tem on l ine 8 - - I 'm sorry ,
5 excuse me - - on i tem 11. Can you read tha t?
6
7
8
9
10
A
Africa .
Q
A
Yes, i tem 11 says the bi r thplace i s Kenya, East
And t h a t ' s re fe r r ing to - -
That i s the bi r thplace of the fa the r .
MR. IRION: Move to have exh ib i t marked for
11 i den t i f i c a t i on P la in t i f f ' s Exhibi t 1 in to the record.
12
13
14
15
16
17
18
JUDGE MALIHI: P la in t i f f ' s 1 i s in the record.
(The document, here tofore marked as
P la in t i f f ' s Exhibi t Number 1, was
rece ived in evidence. )
MR. IRION: That ' s a l l I have fo r th i s witness .
JUDGE MALIHI: Thank you, s i r , you may s tep down.
MR. IRION: Cal l ing Kenneth Allen - - oh, I 'm
19 sorry , Your Honor, I do have another i tem for t h i s witness .
20 I apologize .
21 BY MR. IRION:
22 Q Referr ing the wi tness to what has been marked for
23 i den t i f i c a t i on as Exhibi t 3. What i s t ha t - - are you
24 f ami l ia r with t h i s?
25 A Yes, I am.
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3
45
Q
A
What i s i t ?
Page 7
(The document r e fe r red to was
marked fo r i de n t i f i c a t i on as
P la in t i f f ' s Exhib i t Number 3.)
This i s pages 214 and 215 of a book authored by
6 Barack Obama en t i t l ed Dreams From My Father .
7
8
9
10
1112
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
A
Can you read the high l igh ted por t ion?
Yes. The por t ions t ha t I high l igh ted
(Alarm sounds. )
JUDGE MALIHI: Sorry fo r the i n t e r rup t ion .
THE WITNESS: The por t ions t ha t I high l igh ted a re
- - the f i r s t one i s on page 214 where I j u s t high l igh ted a
couple of l i nes to ind ica te the t ime frame within the book.
And th i s was in 1966 or ' 67, according to Mr. Obama.
The sec t ion on page 215, I high l igh ted with the
purpose of i l l u s t r a t i n g some h i s to ry of h is fa ther ; and h is
fa ther had been having t roub le with obta in ing employment up
to th i s poin t and I 'm going to quote h e re . I t says :
"When he went to foreign companies to look
fo r a pos t , the companies were warned not to h i re
him. He began looking abroad and was hi red to
work for the African Development Bank in Addis
Ababa, but before he could jo in them, the
government revoked h is passpor t and he cou ldn ' t
even leave Kenya."
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Page 8
1 MR. IRION: That ' s a l l I have fo r th i s witness ,
2 Your Honor.
3
45
JUDGE MALIHI: Thank you, you may s tep down.
(Witness excused.)
MR. IRION: Cal l ing witness Kenneth Allen .
6 Whereupon,
7 KENNETH ALLEN
8 appeared as a witness here in and, having been f i r s t duly
9 sworn, was examined and t e s t i f i e d as fo l lows:
10 DIRECT EXAMINATION
11 BY MR. IRION:
12 Q Refer r ing the wi tness to what has been marked fo r
13 i de n t i f i c a t i on as P la in t i f f ' s Exhibi t 2.
14 (The document r e fe r red to was
15 marked fo r i de n t i f i c a t i on as
16 P la in t i f f ' s Exhib i t Number 2.)
17 MR. IRION: And move t ha t P la in t i f f ' s exh ib i t
18 marked fo r i de n t i f i c a t i on as Exhibi t 3, be moved in to the
19 record .
20 JUDGE MALIHI: Three i s in the record .
21 (The document, here tofore marked as
22 P la in t i f f ' s Exhibi t Number 3, was
23 received in evidence. )
24 BY MR. IRION:
25 Q Are you f ami l ia r with the document I j u s t handed
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1 to you?
2
3
4
A
Q
A
Page 9
I am.
What i s i t?
Well, it's from Immigrat ion and Natural iza t ion
5 Services and it ac tua l ly i s - - it's about Barack Obama, Sr.
6 and it's - - it was not ice of h is F-1 s tudent immigrat ion
7 s t a t us .
8 Q And what i s the da te a t the bottom of t h i s
9 document?
10 A June 27, 1962.
11 Q There ' s a form number a t the top of the document.
12 Could you read tha t?
13 A Yeah, it's 1-208 - - or 20B-208.
14 Q What 's your understanding of the purpose fo r th i s
15 document?
16 A Well, t h i s document ac tua l ly helped him get in to
17 Harvard.
18 Q So what does it say about h is s ta tus as a c i t i zen
19 of the United Sta tes?
20 A Well, he ' s not a c i t i zen of the United Sta tes . I t
21 says s ta tus i s he ' s from Africa .
22 Q A ll r i gh t . How did you come to obta in th i s
23 document?
24 A Through a Freedom of Information Act t h a t I f i l ed
25 in February of 2011.
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1 Q And i s t h i s the copy - - i s t h i s copy an accurate
2 copy of the document t ha t you rece ived from your Freedom of
3 Information Act request?
45
A I t i s .
MR. IRION: And for the record , I 'd l ike to read
6 Georgia Code Sect ion 24-1-4, mat te rs jud ic ia l ly recognized -
7 - excuse me - - Judic ia l ly Recognized Mat te rs , and I 'm
8 quot ing:
9 n •••the laws of the United Sta tes and of the
10 several s t a t e s ... customs of merchants ... and a l l
11 s imi lar mat te rs of publ ic knowledge s ha l l be
12 jud ic ia l ly recognized without the in t roduct ion of
13 proof . n
14 I read t h a t to poin t out the fac t t ha t t h i s
15 document, under not only Georgia s t a t u t e , i s jud ic ia l ly
16 recognized, bu t under Georgia precedent , and should fa l l
17 within the business records except ion to a hearsay
18 object ion .
19 That ' s a l l I have for t h i s witness . And t h a t ' s
20 the close of the evidence fo r Mr. Weldon.
21
22
23
24 minutes .
25
JUDGE MALIHI: You may s tep down, s i r .
(Witness excused.)
JUDGE MILLER: Okay, counsel , you have 20
MR. IRION: And I bel ieve t ha t I can cover it in
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Page 111 20 minutes , Your Honor.
2 As I s ta ted before , our hope here i s to help the
3 Court understand what our core argument i s . What we're
4 t ry ing to show here i s t ha t Barack Obama - - by the evidence,
5 Barack Obama's f a ther was not a United Sta tes c i t i zen a t the
6 t ime of the Defendant ' s b i r t h . And under Art i c l e I I of the
7 United States Cons t i tu t ion , t ha t means t ha t he i s not a
8 natura l born c i t i z e n , as was defined by the Supreme Court in
9 Minor v. Happerset t .
10 In Minor v. Happerse t t , the Court recognized three
11 categor ies of people - - natura l -born c i t i z e ns , c i t i zens and
12 everybody e l se . Now the Court also noted t ha t a l l na tu ra l -
13 born c i t i zens are c i t i z e ns , but not a l l c i t i zens are
14 natura l -born c i t i zens .
15 There are three paths to c i t i zensh ip in the United
16 Sta tes , a l l of them founded within the Cons t i tu t ion . The
17 f i r s t one i s Art i c l e I I , natura l -born c i t i z e n , as defined by
18 Minor v. Happerset t . The second one i s natura l ized
19 c i t i z e ns , which i s defined under - - excuse me which i s
20 defined by Congress as they are authorized to do under
21 Art i c l e I . And then t he re ' s the 14th Amendment.
22 Now, it should be noted t ha t a l l natura l ized
23 c i t i zens t ha t are natura l ized under Congress ' author i ty
24 under Art i c l e I cannot be natura l -born c i t i zens spec i f ica l ly
25 because Congress does not have the author i ty to a l t e r the
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Page 12
1 Cons t i tu t ion o ther than through the amendment process . So,
2 therefore , a l l of the s ta tu tes and laws, whether or not they
3 purpor t to define the term "natura l -born c i t i zen , " do not ,
4 because they cannot a l t e r Art i c l e I .
5 Now the 14th Amendment i s a separate i s sue , but it
6 also does not inc lude natura l -born c i t i z e ns , for reasons
7 t ha t I'll get to here in a moment.
8 In order to get there , we f i r s t have to remind
9 ourse lves of the ru les of cons t ruct ion t ha t were se t for th
10 by the ear ly Supreme Court in Marbury v. Madison and it has
11 been fol lowed ever s ince by every cour t .
12 The ru les of cons t ruct ion t ha t are appl icable here
13 are f i r s t , under Marbury v. Madison, Chief Jus t i ce Marshal l
14 s ta ted t ha t no clause in the Cons t i tu t ion can be const rued
15 in a way by any cour t t ha t would leave it without
16 independent meaning.
17 Now a corol lary to t h i s ru le i s any fu ture
18 amendments to the Cons t i tu t ion must not be const rued in a
19 way t ha t removes independent meaning from another c lause ,
20 unless t ha t amendment spec i f ica l ly s t a t e s t ha t it's changing
21 the e a r l i e r c lause , or t he re ' s no way to const rue t ha t
22 amendment in any other way other than changing the e a r l i e r
23 clause . So with t ha t ru le of cons t ruct ion in mind, we look
24 a t the fac t t ha t the Minor Court defined natura l -born
25 c i t i zen , and t ha t def in i t ion was:
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12
3
4
Page 13
" ... it was never doubted t ha t a l l chi ldren
born in a country of parents who were i t s c i t i zens
become themselves , upon t he i r b i r t h , c i t i zens
a l so . These were na t ives , or natura l -born
5 c i t i z ens , as dis t inguished from a l i ens or
6 fo re igner s . "
7 So t he re ' s two elements to t h i s de f in i t i on .
8 Fi r s t , both parents have to be c i t i zens a t the t ime t ha t the
9 Defendant was born, and the Defendant had to have been born
10 in the count ry .
11 Now a lo t of people say t ha t t h i s i s dic ta and
12 t ha t , the re fo re , the Court doesn ' t have to follow it. It's
13 persuas ive , bu t it's simply d ic ta . That i s absolu te ly
14 i ncor rec t , and we wi l l prove t ha t beyond any doubt , s t a r t i ng
15 by looking a t the def in i t ions of hold ing, dic ta , and
16 precedent .
17 The def in i t ion from BLACK'S LAW of holding i s :
18 "A cour t ' s dete rmina t ion of a matter of law
19 p ivo ta l to i t s dec i s ion ."
20 Dicta i s the oppos i te :
21 "A cour t ' s discuss ion of points or quest ions
22 not r a i s ed by the record or i t s sugges t ion of
23 ru les not appl icable in the case a t bar . "
24
25
Now, as to precedent :
"A case becomes precedent only for such a
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Page 14
1 general ru le as i s necessary to the ac tua l
2 decis ion reached."
3 What I 'm going to show i s t ha t the def in i t ion from
4 Minor was p ivo ta l to the dec is ion of t ha t cour t and i s ,
5 the re fo re , holding of t h a t cour t and, the re fo re , precedent ,
6 which i s binding - - Supreme Court precedent , b inding on
7 every cour t in t h i s country.
8 The def in i t ion was - - what the Minor Court had to
9 decide was whether or not Ms. Minor was allowed - - had a
10 r i gh t to vote under the 14th Amendment; however, it
11 spec i f ica l ly s ta ted tha t before it got to t ha t pa r t of the
12 ques t ion , it f i r s t had to determine whether or not she was a
13 c i t i zen .
14 Well, using the well-known doct r ine of j ud i c i a l
15 r e s t r a in t , the Supreme Court wi l l not reach a wi l l not
16 const rue a Cons t i tu t iona l clause i f it does not have to , to
17 answer the quest ion presented . And in t h i s case, Minor was
18 born in the United Sta tes and had both parents - - and both
19 parents were c i t i zens a t the t ime she was born. So,
20 the re fo re , what the Court did was it def ined natura l -born
21 c i t i zen and then spec i f ica l ly sa id she ' s a natura l -born
22 c i t i zen; the re fo re , we don ' t have to determine whether or
23 not she ' s a c i t i zen under any othe r ru le . I t was p ivo ta l
24 t ha t she was a natura l -born c i t i z en . The def in i t ion they
25 came to was pa r t of the holding and i s binding precedent .
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3
45
6
7
8
9
10
1112
Page 15
Now t he re ' s othe r language in t h i s paragraph t ha t
others point to as saying well , there was doubts about t h i s
pa r t i c u l a r de f in i t ion , even i f it's precedent , because the
paragraph goes on to say:
"Some author i t i e s go fu r ther and inc lude as
c i t i zens chi ldren born within the j u r i s d i c t i on
without reference to the c i t i zensh ip of t he i r
paren t s . "
However, the Court or it should be recognized
also t h a t the term "c i t i zen" i s not natura l -born c i t i z e n ,
and the term "c i t i zen" was spec i f ica l ly def ined by the Minor
Court on the previous page. In fac t , they spent a t l e a s t a
13 couple of paragraphs discuss ing what a c i t i zen was and
14 descr ib ing how it's a very broad term. And a t the end of
15 t ha t , they concluded t ha t when they say c i t i zen , they mean
16 nothing more than t h i s broad, nebulous term t ha t they don ' t
17 need to define and c a n ' t def ine . And in fac t , the r e s t of
18 the paragraph goes on to say - - goes on to r e f l ec t t h i s
19 j ud i c i a l r e s t r a in t t ha t the Minor Court was using when they
20 say for the purposes of t h i s case it i s not necessary to
21 solve these quest ions about the doubt of what a c i t i zen i s .
22 " I t i s su f f i c i en t for everything we have now
23 to cons ider t ha t a l l chi ldren born of [ c i t i zen]
24 parents within the j u r i s d i c t i on are themselves
25 c i t i zens . "
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Page 16
1 In othe r words, Minor i s a natura l -born c i t i zen;
2 the re fo re , she ' s a c i t i z e n . And they moved on to the nex t
3 ques t ion , which was cons t ru ing, not the whole 14th
4 Amendment, bu t j u s t what r igh t s a r i se from the 14th
5 Amendment, whether or not she could have the r i gh t to vote .
6 And, by the way, t ha t Court held t ha t the 14th Amendment
7 does not create any new pr iv i l eges or immunities.
8 Therefore , someone who i s not qua l i f i ed as a
9 natura l -born c i t i zen to run for Pres ident before the 14th
10 Amendment i s not - - does not have t ha t r i gh t . Because the
11 14th Amendment d i dn ' t create any new r igh ts , they don ' t have
12 t ha t r i gh t a f t e r the 14th Amendment.
13 So, t ha t ' s the holding of Minor. A lo t of people
14 say t ha t Minor was overruled by Kim Wong Ark. That ' s
15 absolu te ly not t rue . The holding of Kim Wong Ark i s r i gh t
16 up here ( ind ica t ing) , and it's very l imi ted . There ' s lo t s
17 of caveats , t he re ' s l o t s of condi t ions , but the po in t i s
18 t h a t the Minor Court - - excuse me, the Kim Wong Ark Court
19 was determining what the Minor Court had l e f t behind. The
20 Minor Court had sa id we're not going to determine what a
21 c i t i z e n i s under the 14th Amendment because we don ' t have
22 to , because she ' s a natura l -born c i t i z e n . The Kim Wong Ark
23 Court had t h a t case because they had Kim Wong Ark whose
24 parents weren ' t c i t i zens when he was born, though he was
25 born here , i s he a c i t i z e n .
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1Page 17
They answered t h a t quest ion and t h a t ' s a l l they
2 answered. Everything e l se t ha t they answered, everything
3 e l se t h a t ' s in the re , anything t ha t could poss ib ly be
4 cons t rued to change the holding of Minor, the def in i t ion of
5 natura l -born c i t i zen under Minor, was dic ta and i s ,
6 the re fo re , not binding and cer t a in ly , under the ru les of
7 cons t ruc t ion , cannot over ru le an e a r l i e r holding. Dicta
8 cer t a in ly c a n ' t over ru le a holding.
9 So the poin t here i s these cases d o n ' t c onf l i c t .
10 They might look l i ke they c o n f l i c t if you read them, but if
11 you look a t the hold ing of Kim Wong Ark and the holding of
12 Minor, they d o n ' t c onf l i c t . And when they c lea r ly d o n ' t
13 c onf l i c t , they cer t a in ly d o n ' t over ru le each o ther .
14 I f anyone was to argue t ha t the Minor def in i t ion
15 of na tu ra l -born c i t i zen i s unclear as to whether or not it's
16 requ i red to have one pa ren t or both pa ren t s , I would l i ke it
17 s t a t ed for the record t ha t the Minor Cour t ' s def in i t ion of
18 natura l -born c i t i zen uses the term "paren t s . " Paren t i s the
19
20
21
s ingu la r . I f the Court wanted to use pa ren t , it could have
used pa ren t . I f the Court meant mother , it could have used
mother ; if it meant f a ther , it could have used f a ther . I t
22 used the term "paren t s , " and t h a t has to be given, again
23 a ru le of cons t ruc t ion - - i t s p la in meaning. It's p la in
24 meaning i s both paren t s . So t h a t argument doesn ' t f ly .
25 In c los ing , t h i s case i s about the Cons t i tu t ion .
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1 Holding publ ic off i ce i s not about the ind iv idua l , it's
2 about serv ice to the pub l ic . Anyone who has run for publ ic
3 off i ce ought to know t ha t and t ha t means t ha t even i f an
4 indiv idual has an unfor tuna te s i tua t ion where they c a n ' t
5 r i se to the l eve l t ha t they want to - - po l i t i c s i s not a
6 career , a t yp ica l career f ie ld , where we want the person to
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8
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r i se as fa r as they can. Pol i t i cs i s about serv ice to the
publ ic and t ha t should be kept in mind.
And my f ina l comment excuse me, l e t me make the
po in t for the record - - we've shown, I be l ieve , t ha t Barack
Obama's f a ther was not a c i t i zen of the United Sta tes ever,
ce r ta in ly during the t ime per iod when Barack Obama was born.
I don ' t th ink t ha t ' s ever been disputed by the Defendant
14 himse l f . And t ha t means t ha t he i s not Const i tu t ional ly
15 qua l i f i ed to hold of f i c e . It's not a s ta tement about h is
16 ab i l i t y , it's a s ta tement about h is Cons t i tu t iona l
17 qua l i f i ca t ions .
18 Fina l ly , the man - - the Defendant - - was ordered
19 to be here today and he ' s not here. His at torneys are even
20 boycot t ing t h i s hear ing . And I want it s ta ted on the record
21 tha t tha t shows a - - not j u s t a contempt for t h i s Court, but
22 a contempt for the Jud ic ia l Branch and - -
23 JUDGE MALIHI: I 'm not in te res ted in any
24 commentary on tha t , counsel .
25 Are you done with your argument?
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3
4 a.m.)
Page 19
MR. IRION: Yes, Your Honor.
JUDGE MALIHI: Thank you very much.
(Whereupon, the hear ing was concluded a t 9:50
C E R T I F I C A T E
I , Peggy J . Warren, do hereby c e r t i f y tha t the
foregoing pages rep re sen t a t rue and accura te t ransc r ip t ion
of the even ts which t r ansp i red a t the t ime and place s e t out
in the cap t ion , to the bes t of my a b i l i t y .
Peggy J . Warren, CVR-CM, CCR A-171
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