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Archive | December, 2012

Winnowing the Grinols

In form, Grinols v. Electoral College is an extremely important case. The 2012 Presidential Election hangs in the balance. Pending before the Court is a motion for a temporary restraining order that would stay the Constitution itself and could declare Barack Obama ineligible for the Presidency. In substance, it is just a crank with no legal standing spouting some conspiracy theories and asking for something that has no basis in law.

The motions are filed for the hearing January 3 on Orly Taitz’ motion for a temporary restraining order in the case of Grinols v. Electoral College. Taitz wants to stop Congress from certifying the the election on January 4.

Defendants filed notices of objection, and Taitz has replied. (See links to documents at the end of the article.) As I see it, there are five major issues in this case:

  1. Injunction against California defendants is moot
  2. Proper service of Defendants
  3. Representation of Obama by the US Attorney
  4. Standing of Plaintiffs
  5. Jurisdiction of the Court

The California Defendants provided a copy of the certification of the Electoral College vote that had been sent to the President of the Senate on or before Taitz filed her motion for a temporary restraining order. They say that it’s too late for the court to stop them from doing what’s already done. Taitz, amazingly, says it’s not moot, but I cannot explain her reasoning.

The Federal Defendants (Obama, Biden and the Congress) argue that service was defective, that the Federal Rules of Civil Procedure require service by “registered or certified mail.” Taitz claims that Federal Express is “registered or certified mail,” although she provides no precedent. FRCP 4 (g)(i)(1)(A)(ii)(B) says specifically:

send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office

Do you think FedEx might file an amicus brief here? Sorry Orly, but this has been decided already in the 9th Circuit case of Magnuson v. Video Yesteryear. The Court, noting some ambiguity in the law, cited a number of cases on point including one from the 7th Circuit that concluded that “delivery by Federal Express is not ‘mail’ for the purposes of Rule 4.” This is somewhat complex and real attorneys might want to do a more careful analysis of this issue. Taitz also didn’t address the complaint to the “civil-process clerk.” Continue Reading →

Are you being served?

A curious notice appeared on the Docket of the Grinols v. Electoral College lawsuit in the Eastern District of California. It is the statement of a process server in Hawaii who attempted to serve a subpoena on state vital records chief Dr. Alvin Onaka. As I pointed out in another article, Orly Taitz sues Dr. Onaka a lot. This time it’s just a subpoena, but she’s trying to get the same records, to which she is not entitled, as always.

In this case the server, one Lawrence B. Fenton, executed service by putting papers on a desk and uttering the magic incantation “You are served” in front of a security guard and a secretary, both of whom said they were not authorized to accept service.

Dorothy from the Wizard of OzAnybody remotely familiar with The Federal Rules of Magical Civil Procedure should know that when serving a defendant by magic incantation, the spell must be repeated three times, not two, as for example in the The Wizard of Oz where Dorothy had to say “there’s no place like home” three times before the Oz Wizengamot granted the motion to remand her case to Kansas.

EDCA ECF 28 – Grinols v Electoral College – Second and Third Attempt at Personal Service of Subpoena on Ona…

New Dan Lacey painting of Obama and Taitz on eBay

Famed “pancake” artist Dan Lacey has dropped his signature pancakes in this new work featuring Orly Taitz. The artist describes it:

Obama as the robot Maria from Metropolis has just given birth to a new Dr. Orly Taitz, who attempts to pour a celebratory drink from his chest keg but the tap has run dry.

You can view the image, and bid on the 16 by 20 inch acrylic painting on stretched canvas at eBay.