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Judd v. Obama Appellant brief filed

Something actually happened to break the birther doldrums. Orly Taitz has filed the Appellant’s Opening Brief in the case of Judd et al. v. Obama et al. Lots of familiar names in the et al. part, including Alvin Onaka, and Debra Bowen1. Orly Taitz is not only the attorney but also an appellant.

This is the crazy case that Orly Taitz tried to remove from state to federal court, even though plaintiffs can’t do that. It was a real mess and judge David Carter threw it out. The Appellants want the case reinstated and they want a different judge.

Taitz sums up her objections by saying:

The status of the U.S. Judiciary today is reminiscent of the judiciary in the Communist Soviet Union or NAZI Germany. Germany in 1932-1945 had a Constitution, parliament, codes, thousands of highly educated judges, however not one single judge in Germany found actions of Adolf Hitler to be in any way illegal or unconstitutional. In years of Communist dictatorship in the Soviet Union and Communist China not one single judge found actions of Stalin or Mao to be illegal or unconstitutional. Actions of the U.S. Judiciary during the Obama regime are very similar: judges have in front of them all the evidence of the usurpation of the U.S. Presidency by a criminal who does not have one single valid ID, using crude forgeries and the judges are simply using one bogus excuse after another to cover up flagrant elections fraud and forgery. Actions by judges are so egregious that they amount to criminal complicity and possibly treason.

Treason? :roll:

Taitz, always trendy, threw in the NSA surveillance/Prism story. Taitz speculates that judges won’t touch Obama because he’s blackmailing them with information gained in the NSA data gathering.

In days gone by, I would have spent more time on this filing, but I really don’t care any more. Read it if you want; it’s crap.

1For a complete list of the defendants in the original case, see the note at the end of my article: “Orly’s California case moving.”

Violating their oath o office

What has to be frustrating for the birthers is that even though some members of Congress seem to have as their goal to keep President Obama from achieving anything, they are not willing to champion the birther cause. What to do? Well, if the Congress won’t act, then I guess they replace members with those who will. That’s the theme of a blog post [link to Taitz web site] by Orly Taitz who said:

Attorney Taitz and Ms. Salantiri are now contacting other attorneys and community leaders, both Republican, Democrats and Tea Party Leaders, seeking to start recall efforts of corrupt U.S. Senators and Congressmen who are violating their oath o office, subverting the U.S. Constitution and the Constitution of their states and aiding and abetting the illegal invasion, which robs American citizens of their jobs and their benefits.

Of course, that language is anti-immigration rhetoric and not birther conspiracy theories. Does this signal a change in topic for Taitz? Not really. Taitz is still pursuing birther lawsuits with an appeal in the California case of Judd et al. v. Obama to the Ninth Circuit [link to Taitz web site] with briefs due June 12, 2013.

Orly cries “wolf”

Orly Taitz has a penchant for interpreting judicial events as meaning her litigation targets are in default. She did it in Mississippi with Michael Astrue [link to Taitz web site] and she did it Indiana against the Secretary of State [link to Taitz web site]. And again against Barack Obama in the Judd case in California [link to Taitz web site]. Those are just since last October. She didn’t get a default judgment in any of these.

Well she’s at again, this time declaring Obama is in default in Grinols v. Electoral College [link to Taitz web site].  I am not a lawyer, and as I continue to do this web site I become more and more aware of how much I don’t know about the law and how it is difficult to substitute Google for a real legal education. Nevertheless, based on Orly’s track record and the presumed competence of Obama’s representation, I’m going out on a limb here and say that Taitz is wrong.

In the federal system there are two standards of response to the complaint in a civil lawsuit, one for ordinary folks and one for the government. This is detailed in FRCP 12(a). The normal 21-day response requirement is extended to 60 days when the United States or one of its Officers is sued in connection with their official duties. Orly Taitz is trying to sue Obama as a candidate, not as President, but she served him on January 4 through the Attorney General, and not personally. Since she served the government, only the government is obligated to respond, and they get 60 days. If Orly persists in saying that she is suing Obama personally, then she hasn’t served him at all, and the 21-day clock hasn’t even started.

Anyhow, Taitz has filed for a “expedited default judgment” against Obama and in that judgment she is asking the Court to declare Barack Obama ineligible to be President (point 8 in the proposed order).

Orly Taitz is crying “wolf” and wasting the taxpayers motion tilting at windmills.

Here’s Orly’s motion:

Continue Reading →

Taitz lawsuit target named to US Senate

Photo of Brian SchatzBrian Schatz, defendant in Orly Taitz’ Judd v. Obama lawsuit, was named by Hawaii Governor Neil Abercrombie to the U. S. Senate today to fill the seat of deceased Senator Daniel Inouye.

Like President Obama, Democratic Lieutenant Governor Schatz grew up in Hawaii and attended the same prestigious Punahou school. Schatz attended college in California and studied abroad in Kenya. Schatz also worked as a community organizer.

Schatz is best known in the Obama conspiracy community for his job as Hawaii Democratic Party Chair in 2008, and the one who signed  the Certificate of Nomination of Barack Obama as the State’s Democratic Nominee for President saying:

THIS IS TO CERTIFY that the following candidates for President and Vice-President of the United States are legally qualified to serve under the provisions of the national Democratic Parties balloting at the Presidential Preference Poll and Caucus… Barack Obama…

A bizarre headline appeared at WorldNetDaily on an article by Jerome Corsi:

Obama ignores senator’s dying wish

Appoints birth-certificate ally instead of Inouye’s choice

Somebody explain to Corsi that the President doesn’t appoint Senators.

Learn more:

Judd case returned to Judge Carter

The re-filed Judd v. Obama lawsuit in California is largely an attempt by obsessive birther attorney Orly Taitz to raise the same issues in the case of Barnett v. Obama from 2009, where Taitz was also the attorney before the same California court. Because of the related nature of the cases, the new suit has been transferred to federal judge David O. Carter, under General Order 08-05 (Related Cases), who heard the original case (and who also recently dismissed without prejudice  an attempt by Taitz to litigate Judd without actually filing it by removing it from state court to federal).

In the Barnett case Judge Carter was very tolerant of Taitz’ lack of legal skills, assisting her, for example, in getting President Obama served with the summons in the case. Ex-Marine Carter, however, ultimately ruled against Taitz and one might predict that he will be less patient with nonsense this time around. The case number will now read: SACV12-01888 DOC (ANx).

The Judd case itself is a huge business with many defendants1 and causes of action, including a federal racketeering claim against folks who haven’t bought into the idea that Obama is not eligible to be President. She’s even suing a federal judge.

1Defendants are: Barack Obama, Debra Bowen, William M Gardner, Brian P Kemp, Larry Rappaport, Natalie E Tennant, Nancy Pelosi, Michael Astrue, William A Chatfield, Alvin Onaka, Janet Napolitano, Eric Holder, Brian Schatz, Lynn Matusow, Alice Travis Germond, Obama For America, Ballot Law Commission of State of New Hampshire, Board of Directors of California Republican Party, Dean C Logan, Elizabeth Emken, Dianne Feinstein, Clay D Land, John Avlon, Chris Matthews, MSNBC, Kevin Underhill, Clearchannel Communications, KFI AM 640, John and Ken Show, John Kobelt, Patrick R Donahoe, CNN, John Does and Jane Does.

I asked Orly Taitz about the presence of Larry Rappaport (plaintiff in the previous Judd case) as a defendant on the District Court docket. She said this was a clerical error and would be corrected.

Carter v. Reid

Carter and Reid are two judges presiding over Orly Taitz lawsuits. Federal Judge David O. Carter has seen Taitz before in Barnett v. Obama, and now again in Judd v. Obama. Motions were filed in Judd but very early on in the process Judge Carter dismissed Judd sua sponte (on his own initiative) because his court lacked jurisdiction to hear the case. Carter wrote:

The “lack of jurisdiction is so fundamental a defect that the rule permits a judge to recognize it sua sponte at any time.”  Bernstein v. Universal Pictures, Inc., 517 F.2d 976,979 (2d Cir. 1975). Among the reasons for this sound rule is that “[j]udicial resources are precious, particularly in view of the courts’ steadily burgeoning caseload, and they should not be dissipated in futile proceedings.”  Id. The same could be said of the resources of the many government officials sued in this case—they need not spend taxpayer money to defend a proceeding if that proceeding is futile.

Superior Court Judge S. K. Reid in Marion County Indiana today held a trial in the case of Taitz v. Elections Commission in which the Indiana Attorney General’s office had moved and argued that the case should be dismissed on jurisdictional grounds. Judge Reid took those arguments “under advisement” and held the trial anyway. One person who attended the trial who comments under the name A Legal Lohengrin said on the Fogbow forums:

If you read that as the court decides to hold the trial, and then, some time after that, decide whether it has the jurisdiction to hold the trial, that’s exactly what happened.

Reports on today’s Indiana trial from A Legal Lohengrin at the Fogbow and in an interview on Reality Check Radio:

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