Thursday, December 18, 2014

Attorney Klayman Motions Court To Allow Live Testimony From Sheriff Joe Arpaio Birther Report

Breaking: Attorney Klayman Motions Court 
To Allow Live Testimony Of Sheriff Joe Arpaio

Attorney Larry Klayman is seeking permission from the court to allow live testimony of Sheriff Arpaio at the hearing scheduled for Dec. 22, 2014. Sheriff Joe is seeking to halt Obama's illegal executive immigration actions.

FILING EXCERPT:



PLAINTIFF’S REQUEST FOR HIS LIVE TESTIMONY

Plaintiff, by counsel, requests that live testimony be scheduled and accepted into evidence, which is estimated to take approximately one hour as part of the hearing on Plaintiff’s Motion for Preliminary Injunction currently scheduled for December 22, 2014.

I. GOVERNING LAW FOR LIVE TESTIMONY AT HEARING

     Pursuant to Rule 65(1)(d) of the Local Rules of the U.S. District Court for the District of Columbia:
…. The practice in this jurisdiction is to decide preliminary injunction motions without live testimony where possible. Accordingly, any party who wishes to offer live testimony or cross-examine an affiant at the hearing shall so request in writing 72 hours before the hearing and shall provide the court and all other parties a list of the witnesses to be examined and an estimate of the time required. The court may decline to hear witnesses at the hearing where the need for live testimony is outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. If practicable, the court shall notify all parties of its ruling on the request to adduce live testimony one business day before the hearing.
LCrR 65(1)(d).

II. TESTIMONY BY PLAINTIFF JOE ARPAIO CONCERNING STANDING AND HARM

Plaintiff Joseph Arpaio, as Sheriff of Maricopa County, Arizona, submitted his sworn affidavit that his office has observed and actually experienced increased financial costs, a drain on resources, additional workload, and greater risk of responding to a greater number of calls from criminal incidents which result directly or indirectly from repeated announcements and unconstitutional executive actions by President Obama and the other Defendants that he has in effect granted amnesty to millions of undocumented illegal aliens. In addition, Plaintiff Arpaio has received and continues to receive death threats from the illegal aliens that President Obama and the other Defendants have granted deferred action to. This directly harms Plaintiff Arpaio personally and in his official capacity.

      Defendants seek to discredit Arpaio’s affidavit by contending that:

  • Arpaio’s affidavit offers only conclusory statements.
  • Arpaio’s affidavit offers only speculative claims of harm.
  • Arpaio has not alleged any specific injury.
  • Arpaio has not identified how the injuries relate to Defendants’ programs.

While these allegations are incorrect and simply strategic, Plaintiff Arpaio’s testimony would be in the interest of due process and to further justice, as well as create a full record for this Court to confirm his standing to sue. Plaintiff Arpaio would also offer further testimony about the harm he and his office have suffered and will continue to suffer as a result of the unconstitutional executive actions at issue.

Plaintiff Arpaio would testify that: [...] Continued w/exhibits below or here.


BACKGROUND:




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