A hearing is scheduled for next Monday, April 22, in the case of Grinols v. Electoral College and the paperwork is arriving in advance of it. The subject of the hearing, according to Judge England’s order is to hear oral arguments on the motions to dismiss, and in particular to the questions:
- Political question doctrine
- Speech and Debate Clause
- Service of process on defendants
Yesterday, Plaintiff’s attorney Orly Taitz filed an Ex-parte Motion to Strike the Motion to Dismiss. Why ex parte? Because Taitz says she filed the motion too late to give the Defendants proper notice, and that would only be proper in an emergency and for some kind of temporary relief.
Taitz does not justify her tardy filing, and I dare say Judge England will have some choice words for Taitz. His order from April 4 suggests that Taitz’s emergency maneuver is unnecessary. The present argument repeats Taitz’ earlier motion to recuse, about which England wrote in his order:
Plaintiffs’ “Motion to Recuse Counsel for Defendants and Motion to Expedite under Local Rule 144” (ECF NO. 102) currently set for April 18, 2013 is VACATED in light of the hearing on the motions to dismiss.
Meanwhile the California State Defendants have filed a brief in support of the motion to dismiss saying:
- This case is moot as to claims concerning the reelection of Barack Obama.
- This case presents a nonjusticiable political question.
- Plaintiffs fail to state an equal protection claim for “invalid” registration.
- Plaintiffs do not state a claim under 5 U.S.C. § 3328.
Just a word on that last one. Federal law says that people born after 1959 who did not comply with the draft registration cannot be appointed to a position in an “Executive agency.” The California Defendants point out that Obama was elected, not appointed. I would point out that the Office of the President is not an Executive agency. This contention has Taitz all upset, railing that California says Obama can get away with selective-service fraud [Link to Taitz web site]. Taitz is wrong. California didn’t say selective-service fraud is “OK,” just that Taitz is wrong on the law. A President can be prosecuted for fraud after leaving office.
On other fronts, Taitz is dabbling in rumors about the Boston Marathon bombing yesterday, emphasizing her themes of anti-Muslim bigotry and official complicity in crimes.