I pulled a copy of Orly Taitz’s Amended Petition from her web site in the case of Taitz v. Democrat Party of Mississippi and the Mississippi Secretary of State. It’s dated April 12 and doesn’t yet appear on the court docket.
First, a little background. Both the Democratic Party of Mississippi and the Secretary of State have filed motions to dismiss. The Court has not ruled on these motions, but both defendants filed answers to the original petition the day after the April 12 submission by Taitz (perhaps intentionally).
When Taitz filed the Amended Petition, all she had to go on was the Motions to Dismiss from the Secretary of State and the Democratic Party. It might be instructive to see if and how the Amended Petition attempts to address points raised in the Motions to Dismiss. The Mississippi Secretary of State and the Democratic Party of Mississippi raised several grounds for dismissal, one of which was that Taitz lacks standing to bring the suit because she is not a Mississippi voter, and therefore has no direct interest in a Mississippi election. In response Taitz has added a Mississippi voter, Brian Fedorka, as a Plaintiff. Even if she were a voter, her grievance would be generalized and she would still lack standing. In order to address the general issue of standing, Taitz has introduced three presidential candidates as plaintiffs: Leah Lax, Tim MacLaren and Laurie Roth.
A second ground for dismissal cited both by the Secretary and the Party was that the Taitz complaint was time barred because it was filed too late. In response to this objection, Taitz has added a Civil RICO action to the suit in addition to the ballot challenge petition and several new defendants, including President Obama, the Obama campaign, the Director of the Social Security Administration, and Hawaiian officials Fuddy and Onaka. The RICO angle certainly complicates things. Taitz was given expedited handling of a ballot challenge petition, but RICO is something altogether different and not entitled to special treatment.
A Civil RICO can be filed in either in federal or state court; however, since the Hawaii Department of Health officials have no business or presence in Mississippi, Mississippi state courts lack personal jurisdiction over them, and I am sure they will be summarily dismissed from the suit. Taitz is seeking treble damages in the RICO suit, but she hasn’t shown how the defendants damaged her. Most of the damages she claims are in the way of harassment by unknown individuals that discovery in this suit is unlikely to identify. The other source of damage is the President referring to Donald Trump as a “side show barker” which Orly, declaring herself the queen of the birthers, took as a personal affront.
A Taitz lawsuit is like monster sucking in everything around it and growing until it is killed (“dismissed” in legal language) and even then it struggles on with motions to reconsider.
For those who don’t plan to read the Amended Petition, I’ll note the usual Taitz points about fake birth certificates, fraudulent social-security numbers (unredacted) with Arpaio, Sankey, Zullo, Vogt and Daniels as supporting characters. There are numerous formatting errors, included several pages where all the text is centered.