Evidence on the Wikipedia!
On March 6, the attorney for the Democratic Party of Mississippi filed a Motion to Dismiss in the case of Orly Taitz v. Democrat (sic) Party of Mississippi, Secretary of State of Mississippi. Special Assistant Attorney General Justin L. Matheny behalf of the Secretary of State had previously moved to dismiss, but Democrat attorney Samuel L. Begley went one step further, requesting sanctions against Taitz.
In reference to Taitz, Begley wrote: “The Plaintiff’s allegations are absolutely ridiculous. The President was born in the State of Hawaii and thus is a natural born citizen of the United States.”
Begley argues that Orly Taitz does not have standing to bring the action because she is not a qualified elector in Mississippi (Taitz is a resident of California). To have standing, a plaintiff’s right to vote must be implicated, which excludes Taitz. Begley presents a very long list of “birther” lawsuits that have been dismissed, singling out precedents such as Hollander v. McCain, Drake v. Obama and Berg v. Obama to show that Taitz lacks standing.
Begley further argues that Barack Obama is eligible to run for President, citing the Indiana case of Ankeny v. Governor of Indiana. As evidence, the URL to the White House copy of the long form birth certificate is given.
Begley then argues that neither the Democratic Party, nor the Secretary of State is required to make eligibility requirements for candidates for President, citing Keyes v. Bowen in California. He further asserts that state courts do not have jurisdiction in such matters, again citing the appellate decision in Bowen.
Irregularities in the Taitz filing, such as being filed after the deadline are in and of themself sufficient to require dismissal, says Begley.
Finally Begley requests the court to sanction Taitz in the form of attorney’s fees and costs, citing her prolific filings across the country, and noting previous sanctions in the Rhodes case in Georgia federal court.
For her part, Orly Taitz has written the Attorney General of Mississippi [link to Taitz web site] demanding:
Due to the above conflict of interest I demand that you and your office recuse yourselves from representing the Secretary of State of Mississippi.
Taitz further demands that the AG withdraw their “frivolous” motion to dismiss.
I learned something interesting, that there is a Wikipedia entry for Orly Taitz detailing her crusade. I went over and added Mississippi.
Will this be the 100th birther loss? Stay tuned.
I see that Orly Taitz has a Motion for Summary Judgment on her web site dated March 5, but it doesn’t appear on the court docket yet.