Main Menu

Layered defense

Artists rendering of Federal Courthouse in Jackson MSPresident Obama, Nancy Pelosi and Obama for America are now engaged in the Taitz v Democrat Party of Mississippi lawsuit, answering the “First amended complaint” in a brief this past Monday (October 29) in Jackson, MS. I was just a little surprised to see, although it makes perfect sense, that attorneys Scott Tepper and Sam Begley are representing these new defendants as well as the Mississippi Democratic Executive Committee. In addition to denying the allegations in Taitz’ complaint, the President and the other Defendants offered affirmative defenses, layers and layers of them, specifically:

  1. The complaint consists of immaterial, impertinent, and scandalous matter, has been filed for an improper purpose, and should be stricken pursuant to Fed. R. Civ. P. 12(f).
  2. Lack of subject matter jurisdiction
  3. Failure to state a claim upon which relief may be granted
  4. Lack of standing, lack of ripeness, mootness and no assertion of justiciable right to relief.
  5. Failure to comply with Fed. R. Civ. P. 8, 9(a) and 9(b)
  6. Failure to comply with jurisdictional and procedural requirements of Miss. Code Ann. §§ 23-15-961, 23-15-963 and 23-15-1089.
  7. Some or all claims barred by estoppel, ratification, collateral estoppel, waiver and/or laches.
  8. Plaintiffs have unclean hands 1
  9. Plaintiffs have not been injured within the meaning of the applicable law
  10. Defenses under 18 U.S.C. § 1961
  11. Immunity
  12. Defenses under Fed. R. Civ. P. 8(c) and 12(b).
  13. Other affirmative defenses

In addition to asking the court to dismiss the case, the Defense is asking for costs, writing:

Defendants further respectfully request that this court assess attorney[‘]s fees against Plaintiffs pursuant to the Mississippi Litigation Accountability Act of 1988, Fed. R. Civ. P. 11 and/or 28 U.S.C. § 1927, for a wholly frivolous, unreasonable, vexations and malicious complaint.

Read the Answer:

SDMS 2012-10-29 – ECF 59 – Joint Answer and Affirmative Defenses to Plaintiffs’ FAC


1This may be related to Orly Taitz using the Obama birth certificate Made in the USA coffee mug as a chamber pot.

Print Friendly

, ,

5 Responses to Layered defense

  1. avatar
    brygenon October 31, 2012 at 9:39 pm #

    “Layered’ you say. Subtle. I describe the approach with the vulgarism, “loaded for bear”.

  2. avatar
    donna November 5, 2012 at 3:08 pm #

    Mississippi Ballot Challenge: Telephonic Hearing Today

    A Reliable Source reports for The Fogbow:

    http://ohforgoodnesssake.com/?p=24655#more-24655

  3. avatar
    Lani November 5, 2012 at 3:39 pm #

    Thanks for the link, Donna! That was so delicious to read, it must be fattening.

  4. avatar
    W. Kevin Vicklund November 5, 2012 at 3:49 pm #

    Comedy gold.

    As it ends, Taitz asks to be heard (again), but the judge has already hung up. Tepper laughs and says, “No one is listening to you anymore. And that’s the way it should always be.”

  5. avatar
    Andrew Vrba, PmG November 5, 2012 at 4:14 pm #

    Man, that was so good that it has to be bad for you!

333333 44444
5555555
6666666