There seems to be a fundamental disagreement in philosophy between birther attorney Orly Taitz and federal judge Morris C. England, Jr. regarding how to serve the President of the United States with a complaint in a lawsuit. Judge England seems to be stubbornly insisting that Taitz follow the Federal Rules of Civil Procedure, and lacks the flexibility to consider alternative legal authority, such as a remark by a Secret Service agent.
Taitz previously moved for an expedited default judgment against Obama because he failed to respond within the required time to the original complaint (ignoring the fact that she had nullified that complaint by filing an amended complaint). Judge England denied that motion because the Court Record shows no proper service of the President, nor service of anyone with the amended complaint.
Taitz, true to form, won’t take no for an answer, and asks for reconsideration [link to PDF at Taitz web site], arguing that her service of the President in his personal capacity was proper because the Secret Service said so. Taitz’ process server recounts [link to PDF at Taitz web site] that when he showed up at the White House:
I was told by the Secret Service detail at the entrance that Mr. Obama refuses to accept service of process at his residence and I need to serve him through the Department of Justice/U.S. Attorneys’ Office.
I doubt that the Secret Service detail knew in what capacity the process server was attempting to serve the President. Most suits against Obama are in his official capacity, and the advice from the Secret Service would be correct in that case.
A real lawyer wouldn’t be so stupid as to rely on what some Secret Service agent said for legal advice. A real lawyer would read the law.
Read the original order denying default judgment: