A high-powered team of Los Angeles attorneys representing President Obama in his effort to keep his birth certificate, college records and passport documents concealed from the public has suggested there should be "monetary sanctions" against a lawyer whose clients have brought a complaint alleging Obama doesn't qualify for the Oval Office under the Constitution's demand for a "natural born" citizen in that post.
In the case, handled largely by Gary Kreep of the U.S. Justice Foundation, records were subpoenaed documenting Obama's attendance at Occidental College.
The lawyer for the college, Stuart W. Rudnick of Musick, Peeler & Garrett, urgently contacted Fredric D. Woocher of Strumwasser & Woocher.
"This firm is counsel to Occidental College. The College is in receipt of the enclosed subpoena that seeks certain information concerning President-Elect Barack Obama," he wrote via fax. "Inasmuch as the subpoena appears to be valid on its face, the College will have no alternative but to comply with the subpoena absent a court order instructing otherwise."
Within hours, Woocher contacted Kreep regarding the issue, telling him, "It will likely not surprise you to hear that President-elect Obama opposes the production of the requested records.
"In order to avoid the needless expense of our bringing and litigating a Motion to Quash the subpoena, I am writing to ask whether you would be willing to agree voluntarily to cancel or withdraw the subpoena."
Woocher warned, "Please be advised, in particular, that in the event we are forced to file a motion to quash and we prevail in that motion, we will seek the full measure of monetary sanctions provided for in the Code of Civil Procedures."
Kreep, out of town for a business trip, did not respond immediately, and the motion eventually was filed. It states that the records, which could reveal on what name Obama attended classes at Occidental and whether he attended on scholarship money intended for foreign students, "are of no relevance to this moot litigation."
"The subpoena directed to Occidental College should therefore be quashed. Alternatively, this court should issue an order directing that the deposition of the custodian of records of Occidental College not take place," the firm working on Obama's behalf stated.
"The central issue in this lawsuit … is whether any Respondent had a legal duty to demand proof of natural born citizenship from Democratic Party's nominee," the motion said. "None of the documents sought by petitioners could possibly assist in answering this question."
The motion then cited a precedent from a case involving a "former law firm client who brought malpractice action against firm claiming unconscionable rates was not entitled to discovery regarding amount paid by law firm to contract staff attorney because such information is irrelevant to unconscionability claim."
Again folks, why all the legal mumbo jumbo, why not just produce the documents and end it all and THEN seek sanctions. As a matter of fact I think Obama's lawyers open the distinct possibilty of having to PROVE a frivilous siut, how could they do that without the defendant's lawyers demanding PROOF that what the defendant is saying is NOT TRUE !