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The extraordinary emergency du jour

Tick, tick, tick—the clock is ticking. Obama will be sworn in for his second term as President  [fergcorp_cdt_single date="20 Jan 2013 12:00:00"]. Orly Taitz is attacking on two fronts, first with a motion for reconsideration of her failure to get an injunction to stop the inauguration in the Grinols case, and a hearing today, January 17 (denied for defective filing).

The second is a petition to the Fifth Circuit Court of Appeals in Taitz v. Democrat Party of Mississippi. Taitz cites Federal Rules of Appellate Procedure Rule 21 on “Writs of Mandamus and Prohibition, and Other Extraordinary Writs” as a basis for seeking a “writ of mandamus for the lower court to expedite the default judgment and postjudgment discovery against defendant commissioner of Social Security Michael Astrue.” My article, “Running out of snappy Mississippi titles” discusses the merits of this claim of default, and why even if Astrue were in default, she won’t get Obama’s Social Security records.

Taitz tallies 49 pages in this one, mostly exhibits including her usual gang of unqualified experts, plus copies of the federal rules. I think one sentence in her brief pinpoints the problem in her petition for emergency relief:

The issue of Obama using a Social Security number, which was never assigned to him has to be heard before the swearing in ceremony.

Why? What does a social-security number have to do with being President of the United States?

Here’s a bit of humor:

CERTIFICATE OF INTERESTED PERSONS

There are no interested persons.

I don’t know if this is correct under the 5th Circuit’s Rule 28.2.1, but it’s still funny.

As of this morning at 9:47 AM Eastern time, no action on the petition appeared on the 5th Circuit Court docket.

MS ECF 92-1 2013-01-11 – Emergency Petition for Mandamus to Expedite Ruling to Fifth Circuit by Jack Ryan

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23 Responses to The extraordinary emergency du jour

  1. avatar
    aesthetocyst January 17, 2013 at 1:02 am #

    I also suspect there are no “INTERSTED” persons.

  2. avatar
    Semolina January 17, 2013 at 1:05 am #

    Pretty sure her hearing request was denied:

    01/16/2013 53 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Plaintiffs attempted to file a Motion for Reconsideration (ECF No. 51) on January 16, 2013 and set a hearing on their Motion for January 17, 2013. However, Plaintiffs failed to properly file their Motion in accordance with Local Rule 230(b) and Local Rule 230 (j). As such, Plaintiffs’ Motion is defective and will not be set for a hearing. For future motions, Plaintiffs must comply with Local Rule 230.(Deutsch, S) (Entered: 01/16/2013)

  3. avatar
    Rickey January 17, 2013 at 2:19 am #

    Semolina:
    Pretty sure her hearing request was denied:

    01/16/2013 53 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Plaintiffs attempted to file a Motion for Reconsideration (ECF No. 51) on January 16, 2013 and set a hearing on their Motion for January 17, 2013. However, Plaintiffs failed to properly file their Motion in accordance with Local Rule 230(b) and Local Rule 230 (j). As such, Plaintiffs’ Motion is defective and will not be set for a hearing. For future motions, Plaintiffs must comply with Local Rule 230.(Deutsch, S) (Entered: 01/16/2013)

    And Judge England didn’t even issue his formal order denying the Motion for a TRO until January 16. Orly really expected that she was entitled to have a hearing held on reconsideration less than 24 hours after the order was issued?

  4. avatar
    The Magic M January 17, 2013 at 3:33 am #

    I always find it amusing how cranks think they have to quote large parts of the law verbatim – as if “according to 18 USC ….” wouldn’t be enough, or as if the court didn’t know the law (“ius novit curia”) and had to be lectured about it.

    In Orly’s case, I rather think she writes these papers for her followers.

  5. avatar
    Lupin January 17, 2013 at 3:38 am #

    IMHO all this flurry reeks of desperation.

  6. avatar
    Northland10 January 17, 2013 at 6:59 am #

    Rickey: And Judge England didn’t even issue his formal order denying the Motion for a TRO until January 16. Orly really expected that she was entitled to have a hearing held on reconsideration less than 24 hours after the order was issued?

    Local Rule 230(b) states 28 days or more. Orly just forgot to read past “28″ and decided 28 hours or more was sufficient. The only flaw in this theory is that it assumes Orly even looked at the local rules.

  7. avatar
    Northland10 January 17, 2013 at 7:00 am #

    The Magic M: In Orly’s case, I rather think she writes these papers for her followers

    Bingo!!!

  8. avatar
    The Magic M January 17, 2013 at 8:09 am #

    Semolina: 01/16/2013 53 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: [...].(Deutsch, S)

    Judge England has a clerk named Deutsch (= “German”)? Evil Europeans, rubbing it in the birthers’ faces. The plot thickens… ;)

  9. avatar
    ASK Esq January 17, 2013 at 9:40 am #

    “Taitz tallies 49 pages in this one, mostly exhibits including her usual gang of unqualified experts, plus copies of the federal rules.”

    Whenever Orly files something, I hear the voice of Obi-Wan Kenobi in my head saying:

    “I felt a great disturbance in the Force, as if millions of trees suddenly cried out in terror and were suddenly silenced.”

  10. avatar
    john January 17, 2013 at 11:02 am #

    “The issue of Obama using a Social Security number, which was never assigned to him has to be heard before the swearing in ceremony.

    Why? What does a social-security number have to do with being President of the United States?”

    The SSN is crucial because as Orly has argued if Obama IS a Natural Born Citizen, he WOULD have a valid SSN. The fact that Obama DOES NOT a valid SSN as Orly alleges, cause doubt that Obama IS Natural Born Citizen.

    So Orly argument is this – Any reasonable person will conclude that if a person is natural born citizen he or she will have a valid SSN.

  11. avatar
    HKL (Keith away from home) January 17, 2013 at 4:54 pm #

    john:
    “The issue of Obama using a Social Security number, which was never assigned to him has to be heard before the swearing in ceremony.

    Why? What does a social-security number have to do with being President of the United States?”

    The SSN is crucial because as Orly has argued if Obama IS a Natural Born Citizen, he WOULD have a valid SSN.The fact that Obama DOES NOT a valid SSN as Orly alleges, cause doubt that Obama IS Natural Born Citizen.

    So Orly argument is this – Any reasonable person will conclude that if a person is natural born citizen he or she will have a valid SSN.

    My wife has a valid SSN.

    She is not an American citizen of any kind, natural or naturalized. In fact she isn’t even, at this point in time, a legal resident.

    She is an Australian citizen and we have lived in Oz for 30 years. She has not renewed her Green Card. Her SSN is still valid.

    Citizenship has nothing to do with Social Security eligibility.

  12. avatar
    Rickey January 17, 2013 at 8:52 pm #

    john:

    So Orly argument is this – Any reasonable person will conclude that if a person is natural born citizen he or she will have a valid SSN.

    Prove your point by providing us with the valid Social Security Numbers for the following former Presidents:

    George W. Bush
    Bill Clinton
    George H.W. Bush
    Ronald Reagan
    Jimmy Carter
    Gerald Ford
    Richard Nixon
    Lyndon Johnson
    John F. Kennedy

  13. avatar
    Dr. Conspiracy January 17, 2013 at 10:08 pm #

    That’s actually easy to do for the deceased Presidents.

    Rickey: George W. Bush
    Bill Clinton
    George H.W. Bush
    Ronald Reagan
    Jimmy Carter
    Gerald Ford
    Richard Nixon
    Lyndon Johnson
    John F. Kennedy

  14. avatar
    Dr Kenneth Noisewater January 17, 2013 at 10:43 pm #

    john:
    “The issue of Obama using a Social Security number, which was never assigned to him has to be heard before the swearing in ceremony.

    Why? What does a social-security number have to do with being President of the United States?”

    The SSN is crucial because as Orly has argued if Obama IS a Natural Born Citizen, he WOULD have a valid SSN.The fact that Obama DOES NOT a valid SSN as Orly alleges, cause doubt that Obama IS Natural Born Citizen.

    So Orly argument is this – Any reasonable person will conclude that if a person is natural born citizen he or she will have a valid SSN.

    So you’re saying only Natural born citizens have social security numbers? That’s stupid even for you

  15. avatar
    justlw January 17, 2013 at 10:48 pm #

    john: The fact that Obama DOES NOT [have] a valid SSN as Orly alleges

    See, the thing is: he does have a valid SSN. He has to. You even know what it is. Bless your heart, you probably (like Lazlo) have it memorized.

    Here on planet Earth, in the US, we have this organization called the Internal Revenue Service, quite well-staffed and motivated, that gets rilly, rilly cranky if you work for a living and don’t file taxes, which involves having… a valid SSN. And Obama has been filing tax returns for decades, with no huhu. Not a peep from the IRS, it would appear.

    We had a presidential election last year, you may have heard about it. One of the things people who were following it chatted about was the idea of candidates making tax returns public. One of the candidates made 12 years’ worth of his public. That would be Obama. Why, I even saw something recently where someone was screeching about how “Mr. Obama has posted his tax returns online where he forgot to flatten the file, and it shows his full Social Security number.”

    Now, I know what you’re going to say, John: “Consider the source. Wasn’t this part of a losing court case?” Good point! But in this particular instance, she was right.

    So, if this was not a valid SSN — how has the IRS managed to miss this little point for lo these many decades? Just when did they get in the tank for Obama, anyway? 1978?

  16. avatar
    justlw January 17, 2013 at 10:59 pm #

    I should add that what you probably have memorized is quite possibly no longer his current SSN. But that it was up until the point that it became a birther plaything.

  17. avatar
    Northland10 January 17, 2013 at 11:29 pm #

    Dr Kenneth Noisewater: So you’re saying only Natural born citizens have social security numbers? That’s stupid even for you

    Don’t sell John short. His talent for stupid is an endless font (or fount).

  18. avatar
    Northland10 January 17, 2013 at 11:31 pm #

    john: Any reasonable person will conclude that if a person is natural born citizen he or she will have a valid SSN.

    I heard Abraham Lincoln did not have one, so the south rebelled.

  19. avatar
    gorefan January 17, 2013 at 11:45 pm #

    Dr Kenneth Noisewater: So you’re saying only Natural born citizens have social security numbers?

    I believe he is saying only non-NBCs commit Social Security Fraud.

  20. avatar
    Rickey January 18, 2013 at 1:15 am #

    Dr. Conspiracy:
    That’s actually easy to do for the deceased Presidents.

    Not quite as easy as you might think. JFK is not in the Social Security Death Index. It’s possible that he never had a Social Security Number.

  21. avatar
    Dr Kenneth Noisewater January 18, 2013 at 9:19 am #

    gorefan: I believe he is saying only non-NBCs commit Social Security Fraud.

    Hmm Jack Osborne on Amazon admits to committing it

  22. avatar
    Thomas Brown January 18, 2013 at 12:01 pm #

    HKL (Keith away from home): Citizenship has nothing to do with Social Security eligibility.

    Not to mention paying taxes. There are hundreds of perfectly legal and proper reasons why a non-citizen would be in America working. And you can be sure the IRS is interested in every one of them filing tax returns.

  23. avatar
    Thomas Brown January 18, 2013 at 12:02 pm #

    Northland10: Don’t sell John short.His talent for stupid is an endless font (or fount).

    Just one rung above Orly, who is a noted fount of fonts.