Defense responses are due today in the case of Grinols v. Electoral College, Orly Taitz’ attempt on behalf of some losers in the last election to stop Obama’s second term as President of the United States.
Are you being served?
Chief Judge Morrison C. England of the Federal District Court for Eastern California ordered that responses to Taitz’ motion for an emergency temporary restraining order against California state officials, California Electors, the Congress, the President of the Senate and Barack Obama, that would halt certification of the California vote (too late, already happened), and stay the Congress certifying from the election, and Barack Obama from taking the oath of office, be filed by today, December 26, 2012.
As in any Taitz case, one always has a question of whether defendants have actually been served with complains and subpoenas in accordance with court rules. Observers have noted that some of Taitz’ documents of service in this case have the wrong dates on them, further adding doubts about the process. Apparently Taitz again (I’ve lost track of how many times this has happened), filed a document with President Obama’s unredacted social-security number on it in violation of the rules. We can probably tell by the end of today who has not been properly served by lack of response; however, responses do not necessarily indicate who has been served. No defendant has yet to appear in the case.
In anticipation of the hearing scheduled one week from tomorrow (January 3, 2012), Taitz fired off a flurry of subpoenas to various folks including: Barack Obama (to appear with lots of documents), Social Security Administration Commissioner Michael Astrue, House Oversight Committee Chairman Darrell Issa (pictured right), the Postmaster General, and Selected Service System Director Lawrence Romo.
While irrational optimism (or perhaps Obot troll hyperbole) appears in comments at the Taitz web site (e.g. “With all the legitimate evidence Orly has on her side and no compelling defense on their side, you would think the judge would rule in Orly’s favor by the simple fact that obamma’s (sic) ‘guilty by omission’”), these motions are an exercise in futility. Judge Alsup, writing for the Northern District Court of California in the case of Robinson v. Bowen, said:
Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. The members of the Senate and the House of Representatives are well qualified to adjudicate any objections to ballots for allegedly unqualified candidates. Therefore, this order holds that the challenge presented by plaintiff is
committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review — if any — should occur only after the electoral and Congressional processes have run their course.
A previous E.D. Cal. case, Dawson v. Obama, was dismissed for lack of standing in 2009.
The Grinols did not steal Christmas.
Papers were filed late today in opposition to the Taitz temporary restraining order and subpoenas:
- Opposition to TRO by Electoral College, Barack Hussein Obama, President of the Senate, U.S. Congress through Attorney Edward A. Olson
- Opposition to TRO by Governor of California through Attorney George Michael Waters and Attachment
- Ex parte motion for extension of time to respond to subpoenas by Electoral College, Barack Hussein Obama, President of the Senate, U.S. Congress and Declaration.