Orly Taitz is thanking God [link to Taitz web site] for a ruling by DC Chief Judge Royce C. Lamberth that allows her to file 74 pages of motions and exhibits in the 2011 case, Taitz v. Astrue. I thought this case, a FOIA lawsuit to get at Obama’s Social Security records, was long-gone in October 2011 when Judge Lamberth denied Taitz’ motion for reconsideration of its summary judgment in defendant’s favor.
When the Court considers a motion for reconsideration, a party must show that there has been an intervening change of controlling law, that new evidence is available, or that granting the motion is necessary to correct a clear error or to prevent manifest injustice. Taitz is going for “new evidence” here, arguing speciously that she has proof that Obama is using the social-security number of one Harrison J. Bounel, born in 1890, and who has never been shown to even have a social-security number in the first place.
In his June 7 2013 order, Judge Lamberth notes:
Taitz has now, for at least the sixth time, failed to comply with her obligation in violation of Rule 5.2 [in regards to redaction of social-security numbers].
According to Taitz, she has now worked out a procedure for redacting the SSN, and has re-filed her motion for reconsideration. She didn’t get it 100%, but the judge must have given her points for effort (or more likely attempted to conserve judicial resources), saying in his June 17 Minute Order:
MINUTE ORDER. Pursuant to Federal Rule of Civil Procedure 5.2, the Court made minor additional redactions to plaintiff’s Motion . Only the last four digits of the taxpayer-identification number and the year of an individual’s birth may be included in court filings. Signed by Chief Judge Royce C. Lamberth on 06/14/2013. (lcrcl3)
Without going back through all the paperwork in the case, at least in Taitz’ mind the issue today is whether or not SSA will release the Social Security application of Harrison J. Bounel. What Taitz and other birthers did was to ask for his name, a birth date of 1890, and Obama’s social-security number. That was rejected, of course, because their policies don’t allow the release of Obama’s records, records pointed to by his SSN. However, there is a slim chance that this suit will elicit Bounel’s records, since he is past the 120 years of age criteria for release of the records. The smart money says that if she gets the record (or a statement that no number was ever issued to Bounel) it will show conclusively that President Obama never used a social-security number belonging to Bounel, making Orly Taitz look like a fool
Be careful what you pray for.