Orly Taitz filed a motion yesterday, December 19, for a temporary restraining order (TRO) in the Eastern District of California federal court. She wants the Court to enjoin several parties, the first 3 of which I list briefly here:
- Enjoin the Secretary of State and Governor from certifying the Certificate of Ascertainment.
- Enjoin the Electoral College from tallying their votes.
- Enjoin the Governor of California from forwarding the Certificate of Electoral Vote to the President of the Senate
It’s a little late. The governor’s Certificate of Ascertainment must be done and forwarded to the National Archives before the Electors vote on December 17. The tallying of the votes was done on December 17 (Obama got all 55 from California).
I don’t see that it is the Governor of the state who is responsible for transporting the tally of the votes to the President of the Senate for counting on January 6, but in any case according to the National Archives, the distribution of the 6 copies of the Certificate of Ascertainment and the votes must be done “immediately.” Since the copies have already been received by the Archives, one reasonably presumes that the copy for the President of the Senate has been sent as well.
Apparently Orly doesn’t want these facts known:
In addition, Orly wants to the court to enjoin the “President of the Senate from presenting the Certificates of the Electoral Vote to the U.S. Congress,” “U.S. Congress from confirming the elections results” and “Defendant Barack Hussein Obama from taking the oath of office as a U.S. President on the inauguration day.” It must take monumental chutzpah1 to do something like that.
Under the Constitution, it is the Congress, not the Judiciary who decides the election results. The Judiciary has no power to intervene. Any high school civics student should know that (of course Orly never had a high school civics class in the US).
According to Taitz [link to Taitz web site] there is a hearing scheduled for today before Chief Judge England on her TRO. I wish I could be there.2
1First time I ever used that word in a sentence.
202:00 PM in Courtroom 7 (MCE) assuming that there will be any oral arguments.