Orly Taitz has a penchant for interpreting judicial events as meaning her litigation targets are in default. She did it in Mississippi with Michael Astrue [link to Taitz web site] and she did it Indiana against the Secretary of State [link to Taitz web site]. And again against Barack Obama in the Judd case in California [link to Taitz web site]. Those are just since last October. She didn’t get a default judgment in any of these.
Well she’s at again, this time declaring Obama is in default in Grinols v. Electoral College [link to Taitz web site]. I am not a lawyer, and as I continue to do this web site I become more and more aware of how much I don’t know about the law and how it is difficult to substitute Google for a real legal education. Nevertheless, based on Orly’s track record and the presumed competence of Obama’s representation, I’m going out on a limb here and say that Taitz is wrong.
In the federal system there are two standards of response to the complaint in a civil lawsuit, one for ordinary folks and one for the government. This is detailed in FRCP 12(a). The normal 21-day response requirement is extended to 60 days when the United States or one of its Officers is sued in connection with their official duties. Orly Taitz is trying to sue Obama as a candidate, not as President, but she served him on January 4 through the Attorney General, and not personally. Since she served the government, only the government is obligated to respond, and they get 60 days. If Orly persists in saying that she is suing Obama personally, then she hasn’t served him at all, and the 21-day clock hasn’t even started.
Anyhow, Taitz has filed for a “expedited default judgment” against Obama and in that judgment she is asking the Court to declare Barack Obama ineligible to be President (point 8 in the proposed order).
Orly Taitz is crying “wolf” and wasting the taxpayers motion tilting at windmills.
Here’s Orly’s motion: