Taitz v. Colvin is the subject of much excitement among the birthers. Taitz is attempting to obtain, through FOIA, the social security application for someone she thinks rightfully owns the social-security number that Barack Obama used on his tax returns in years past. Birthers think that proof is just over the horizon—SSA says it doesn’t have any such records.
Taitz was able to file the suit because the Social Security Administration did not respond to the FOIA request in the time allowed by statute. Eventually the government responded, saying they didn’t have any records matching one Taitz request, for Harrison (Harry) J. Bounel and a birth year of 1890, immigrant from Russia who received a Social Security number in the state of Connecticut in and around March 28, 1977. The judge dismissed the complaint because once the government responds to the FOIA request, the grounds for the lawsuit evaporate. However, helpful Federal District Judge Ellen Hollander told Taitz that should she allege that the search was inadequate, she might be allowed to continue, and the court said it would entertain an amended complaint. That amended complaint was filed. The government moved to dismiss again, or in the alternate for summary judgment. The motion to dismiss details the search performed:
SSA also conducted alternate searches [beyond the SSN] of the Numident using Mr. Bounel’s name (the following variations were searched: Harrison Bounel, Harrison J. Bounel, Harry Bounel, and Harry J. Bounel) and year of birth (i.e., 1890). Because Plaintiff did not provide a full date of birth, SSA performed a date range search for any Numident records with dates of birth between January 1, 1890 and January 1, 1894.
Our helpful judge, not assuming that Taitz knows that she has to respond to the motion to dismiss, has sent Taitz a letter (or rather the clerk of court did), explaining that Taitz must respond and the consequences if she doesn’t (having her complaint dismissed ) . There’s even an attached copy of the rules!
Taitz’ response is due Tuesday (18 Feb 2014). And please, no more than 50 pages, including attachments (the 2nd amended complaint was 181).