REPORTER'S RECORD

VOLUME 1 OF 1 VOLUMES
TRIAL COURT CAUSE NO. 08-1001-C368

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JODY A. BROCKHAUSEN ) IN THE DISTRICT COURT
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VS. ) WILLIAMSON COUNTY, TEXAS
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ESPERANZA ANDRADE, ACTING )
IN THE OFFICE OF TEXAS ) 368TH JUDICIAL DISTRICT
STATE, SECRETARY OF STATE )
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)

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PLEA TO THE JURISDICTION

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On the 22nd day of January, 2009, the following

proceedings came on to be heard in the above-entitled and

numbered cause before the Honorable Burt Carnes, Judge

presiding, held in Georgetown, Williamson County, Texas;

Proceedings reported by machine shorthand.

ATHENA TURK, CSR

 A P P E A R A N C E S

ATTORNEY GENERAL OF TEXAS

ASSISTANT ATTORNEY GENERAL
GENERAL LITIGATION DIVISION
BY: MS. ERIKA M. KANE
SBOT NO. 24050850
P.O. Box 12548
Austin, Texas 78711-2548
Tel (512) 463-2120
Fax (512) 320-0667

ATTORNEY FOR THE ATTORNEY GENERAL OF TEXAS

DR. ORLY TAITZ

Attorney at Law
California State Bar No. 223433
26302 LaPaz, Suite 211
Mission Viejo, California 92691
Tel (949) 683-5411
Fax (949) 586-2082

ATTORNEY PRO HAC VICE FOR THE PLAINTIFF,

MS. JODY A. BROCKHAUSEN

ATHENA TURK, CSR

 PROCEEDINGS

JANUARY 22, 2009

(Docket call)

THE COURT: 08-1001 Brockhausen versus

Esperanza Andrade.

MS. KANE: State of Texas, Erika Kane on behalf

of Secretary of State, Andrade Esperanza.

THE COURT: We're here on your motion?

MS. KANE: Yes.

THE COURT: How much time, ma'am?

MS. KANE: 15 to 20 minutes, Your Honor.

THE COURT: I don't think it'll take

three minutes.

MS. KANE: Thank you, Your Honor.

THE COURT: 07-1014 State of Texas versus --

MS. TAITZ: And I'm --

THE COURT: And you are?

MS. TAITZ: I'm an attorney, Orly Taitz. I

came here from the State of California.

THE COURT: If you're not licensed in this

court and this State you're not allowed to practice law.

MS. TAITZ: Sir, I have filed a pro hac vice.

THE COURT: I haven't signed it, ma'am. Sit

ATHENA TURK, CSR
down.

(Docket call ended.)

THE COURT: This is 08-1001-C368 Jody

Brockhausen versus Esperanza Andrade, Secretary of State,

State of Texas. Come on up, please.

First issue. Is it Ms. Orly Taitz?

MS. TAITZ: Taitz.

THE COURT: Come up, please. We are going to

do this up here ladies. This seems to be a bad copy, but let

me make sure I understand. You have not associated with any

Texas attorney on this case?

MS. TAITZ: I did not have an opportunity to.

This lady is the mother of six and --

THE COURT: I did not ask for arguments, ma'am.

I asked a very simple question.

MS. TAITZ: Yes, sir.

THE COURT: Have you associated with any Texas

attorney?

MS. TAITZ: I could not find one.

THE COURT: Have you ever tried a jury trial?

MS. TAITZ: I have not done jury trials and she

did not ask for a jury trial.

THE COURT: I'm just getting an idea of your

qualifications and your experience because to me jury trials

is kind of where the real testing ground is. Anybody can come
ATHENA TURK, CSR
in on a nonjury case, walk out and claim that they have had a

hearing but until they have been tried and tested in front of

jury trials, they really haven't proven themselves in my

opinion.

You have read the State Bar Act?

MS. TAITZ: Yes.

THE COURT: And the State Bar Rules of the

State of Texas?

MS. TAITZ: Yes.

THE COURT: And you have read the Texas

Disciplinary Rules of Professional Conduct?

MS. TAITZ: Yes, Your Honor.

THE COURT: This is an unsworn copy of a motion.

MS. TAITZ: I just got it, Your Honor.

THE COURT: I'll tell you what. If you want to

step over here and sign that in front of the clerk and swear

to it under oath I'll allow you, for a limited purpose of this

hearing only to appear.

MS. TAITZ: I appreciate it, Your Honor.

THE COURT: Yes, ma'am.

MS. BROCKHAUSEN: Thank you.

(Brief pause.)

THE COURT: Are you Ms. Kane?

MS. KANE: Yes.

THE COURT: Ms. Kane, I have read the plea to

ATHENA TURK, CSR
the jurisdiction and I understand your arguments. If you

don't mind I'll simply hear from the respondent and then

indicate whether I need further argument on the case.

MS. KANE: Yes.

THE COURT: Yes, ma'am.

MS. TAITZ: Your Honor, one of the arguments

was that the case -- that the case was moot, however

Ms. Brockhausen did file timely. She did file before the

election. This was an urgent matter and this could have been

heard before the election. I understand that right now the

election is over, however, the core issue is not moot. I have

piles of documents showing that Mr. Obama was - -

THE COURT: That's not what we are here for,

ma'am. We are here for their plea to the jurisdiction. This

is a very limited legal issue. And I don't want to sit here

and hear -- and give her a forum for her argument. I want to

hear why this court has jurisdiction, which they have put in

question here and that's what I need to hear about.

MS. TAITZ: Sure.

THE COURT: Excuse me. Would you go get that

camera from that man. Anybody else out there that has any

kind of electronic device they need to leave the courtroom

immediately.

MS. TAITZ: Your Honor, first of all Ms. Kane

brought forward on that case --

ATHENA TURK, CSR
 THE COURT: Thank you.

MS. TAITZ: -- all of their case, that federal

case where quite often the plaintiffs were not found to have

jurisdiction. This is a state case. Ms. Brockhausen has

brought a case in the State court which is different and

therefore Ms. Kane's argument as to Holenburg case (phonetic)

would not be valid.

THE COURT: I'm still listening.

MS. TAITZ: Additionally, the circumstances of

the case have changed due to the fact that the hearing was

scheduled after the election. We have now a different set of

circumstances. Now, her case is not against the person that's

on the ballot, now her issue is the fact that the president in

the White House is not there legitimately that will have an

observer in the White House. And there was never a case of

such magnitude. There was never a case showing that there is

no jurisdiction for a citizen of this country in questioning

eligibility of one that is in the White House.

So because the case has been moved until after

the election she actually got standing. She actually brought

jurisdiction.

THE COURT: Okay. Is that it?

MS. TAITZ: Yes.

THE COURT: The plea to the jurisdiction is

granted.
ATHENA TURK, CSR
 Do you have an order for me, ma'am?

MS. KANE: Yes, Your Honor.

THE COURT: Thank you.

All right. Thank you ladies. I have signed

the proposed order.

MS. KANE: Can we be excused, Your Honor?

THE COURT: Yes, ma'am. That's all.

MS. BROCKHAUSEN: May I say something?

THE COURT: No, ma'am. You have a lawyer.

That's why you have a lawyer here --

MS. BROCKHAUSEN: That's nice. I worked very

hard on this.

THE COURT: Leave, ma'am.

Did you get somebody to figure out how to

delete that photograph and if there's any audio recording,

that needs to be deleted also.

(Proceedings concluded.)

ATHENA TURK, CSR

 REPORTER'S CERTIFICATE

THE STATE OF TEXAS )

COUNTY OF WILLIAMSON)

I, Athena Turk, deputy official court reporter in

and for the 368th District Court of Williamson County, State

of Texas, do hereby certify that the above and foregoing

contains a true and correct transcription of all portions of

evidence and other proceedings requested in writing by counsel

for the parties to be included in this volume of the

Reporter's Record, in the above-styled and numbered cause, all

of which occurred in open court or in chambers and were

reported by me.

I further certify that this Reporter's Record of the

proceedings truly and correctly reflects the exhibits, if any,

admitted by the respective parties.

I further certify that the total cost for the

preparation of this Reporter's Record is $__________ and was

paid by ____________________.

WITNESS MY OFFICIAL HAND this the __________ day of

January, 2009.

___________________________
Athena Turk, Texas CSR 5739
Expiration Date: 12/31/2009
Official Deputy Court Reporter
Travis County, Texas
ATHENA TURK, CSR
P.O. Box 80324
Austin, Texas 78708

ATHENA TURK, CSR