So we all remember Orly Taitz’ lawsuit in California, Grinols v. Electoral College, where she, several minor party candidates and one Democratic presidential candidate in one state were suing to prevent Barack Obama from becoming President, by stopping California from sending its electoral votes to the Senate, stopping the Congress from counting the electoral votes, and preventing Obama from taking the oath of office. The US District Court for the Eastern District of California didn’t stay any of those things and they all took place, making a hash of what Taitz was trying to do in her lawsuit.
The State of California moved to dismiss as to them on the grounds of mootness, but before the Court could rule on that, Taitz has filed her First Amended Complaint (Feb. 11). Given the significant change in the landscape between her original complaint and the subsequent inauguration of Barack Obama for his second term as President, one would expect that the Amended Complaint (embedded below) would take this into account.
First Taitz emphasizes (using boldface type) that Barack Obama is being sued in his individual capacity, as a candidate for office, not as President. Tait should have learned from the loss of her appeal of Barnett v. Obama that after the election persons are no longer candidates. Taitz claims Obama is in default as to the original complaint. Of course the court doesn’t give special consideration for boldfaced type. Taitz doesn’t understand that once she files the amended complaint, the original complaint goes away and the court isn’t going to declare Obama in default under it, even if she had served him with that original complaint (which she did not). She should know that about the amended complaint, since she lost an appeal in Liberi v. Taitz for that very reason (or she should know it because she went to law school).
The first novelty in the case is the expanded list of aliases for the President:
- Barack (Barry) Soetoro
- Barack Hussein Soebarkah
- Barack Hussein Obama
- Barack A. Obama
- Harrison (Harry) J. Bounel
- S. A. Dunham (?)
Other defendants are:
- The Governor of California
- The Electoral College
- The Congress
Taitz recounts her fantasies about Obama as if they were fact, but I guess the meat of the matter is what relief Taitz is now seeking. She is seeking declaratory relief. Specifically, Taitz is asking the Court to declare that President Obama fraudulently applied to be a candidate in California. I always thought (but then I am not a lawyer) that declaratory relief was something to prevent an imminent future controversy and that what Taitz is trying to do is moot. But she clearly demonstrates that it is not with the bald faced bold faced declaration: “Declaratory relief in this case is not moot.” The actual discussion of this point doesn’t seem to have any further legal argument, but is only a narrative of what happened from Taitz’ point of view. Nowhere does Taitz lay out how the Plaintiffs have standing to request a declaratory judgment.
The other prong of her lawsuit, and this is where the Governor of California comes in, is an unrelated matter concerning the voter rolls in California. Public records show that large number of California voter registration records are incomplete in one way or another, for example lacking valid birth dates of the registrants. Taitz requests injunctive relief to “clean up the rolls” and the entire description of this injunctive relief is inserted in the following hypothetical:
Unless there is a declaratory and injunctive relief seeking to clean up California roles and having a special election, the same invalid and/or fraudulent voter registrations will be used in further elections.
Taitz never details what the special election is for. I am further at a loss as to why the Electoral College (which is not an entity that can be sued) nor the Congress are parties. Taitz herself has no standing to sue Barack Obama, but she tags on anyway.
I won’t go into the punctuation and grammar, which is bad. The whole thing is in insult to the Court, so sloppily it is constructed and argued. It’s pathetic.
Read the First Amended Complaint: