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Tired of Astrue? Try Colvin.

On June 25, Orly Taitz (DBA Defend Our Freedoms Foundation) filed suit in Maryland federal court against Carolyn Colvin, the current Commissioner of the Social Security Administration. It’s a lawsuit involving a request under the Freedom of Information Act for the Social Security application of one Harry Bounel, born in 1890.  Taitz thinks that the social-security number used by President Obama really belongs to Bounel.

Taitz is not licensed to represent anyone else in Maryland, but she can represent herself. Why Maryland? She can file in Maryland, the closest district to where the records are kept; she could file in the District of Columbia where she already filed and lost a FOIA lawsuit; she could file at home in California, a lore logical choice. A summons was issued to the Commissioner on July 9.

The Amended Complaint (see below), while 36 pages in length, is skimpy on details. Most of the Complaint consists of lengthy and unnecessary regurgitations of federal statutes,  regulations and reprints of federal web sites. The gist of Taitz’ claim is that she made a FOIA request for Bounel’s SS-5 form, to which she is entitled if it exists because the request is for someone older than 120 years, and SSA hasn’t responded.

The blatant omission from the Complaint is the specific text of what Taitz requested. We’re left with Taitz’ characterization of her April 26 request:

Plaintiff sought SS-5, Social Security application for three individuals, among them Harrison J. Bounel, born in 1890.

My recollection is that if the agency does not respond within 20 days, there is a presumption that the request has not been honored and all administrative remedies have been exhausted. That means Taitz can sue. The 20-day response is not the return of the requested material, but an acknowledgment of the request with a determination of whether the Agency will search for the information, or that the request is improper.

I know from bitter experience that some federal agencies sometimes do not respond within the time limits of the statute. (I did get an SS-5 from the Social Security Administration rather quickly.) If the facts are as Taitz alleges and the law is as I understand it, then she has a right to sue. That, however, doesn’t mean that there will be a quick resolution, that Taitz is entitled to the records she seeks (it really depends on precisely how her request was worded), that the records she seeks even exist, or that there is anything helpful to Taitz in the files of the Social Security Administration.

Here’s the complaint (not recommended for reader consideration):

Continue Reading →

SSA: Astrue flees Taitz onslaught

After a relentless onslaught of lawsuits1 against him by Orly Taitz, the longest-serving Republican commissioner of Social Security, Michael Astrue, called it quits and is retreating to his home in Massachusetts.

Giving voice to the immense pressures of the job as he was dogged by Orly Taitz, Astrue said:

I consider it a great privilege to have led this remarkable agency for six years.

Awards received by Astrue include:

  • Humanitarian of the Year Award from the Alzheimer’s Association
  • Public Health Leadership Award from the National Organization of Rare Disorders
  • VIDA Award from the National Alliance for Hispanic Health
  • The Traitor and Usurper Enabler Award from the Confederate Birthers of America2

1Including, but not limited to Taitz v. Astrue, Taitz v. Sebelius, Taitz v. Democrat Party of Mississippi and Judd v. Obama.

2Not really.

Huge defeat for Taitz in Mississippi

Where I grew up, they said that bad news comes in threes. That seemed to play out today as Orly Taitz and Montgomery Sibley both had losses in the Supreme Court and the angst at the Law Offices of Orly Taitz in Rancho Santa Margarita, California was  only increased by a further bitter disappointment in Mississippi.

Taitz had placed high hopes on getting a default judgment against Michael Astrue, commissioner of Social Security, who didn’t respond to her complaint in the case of Taitz v. Democrat Party of Mississippi. She thought somehow that this non-response would erase federal privacy legislation and Social Security Administration policy, allowing her free reign to access SSA files on Obama in what she termed “post judgment discovery.”

Astrue had responded to Taitz lawsuits before. What was different about this one? The obvious conclusion I arrived at was that Taitz had, as she has done many times in the past, bungled service of the Defendant. As I have said before, one needn’t put too much effort into figuring the ins and outs of the Federal Rules of Civil Procedure as they relate to which thing(s) Taitz did wrong. If one is patient, the judge will explain it to everyone in clear, authoritative language, and that’s what happened to day from Judge Wingate.

S.D.ms ECF 93 2013-02-19 – Taitz v DPM – Order Denying Default by Jack Ryan

Orly Taitz: Tea Party v. Twittergate

Orly Taitz demonstrates in her article, “Tea Party United is planning a rally in front of the Federal building in Sacramento, protesting the fact that court is not issuing a default judgment against Obama in Grinols v Electoral college, as Obama was sued as an individual, as a candidate for office, he did not furnish an answer and is currently in default. Tea party patriots are planning similar rallies in front of the 5th circuit court of Appeals, where the court is just sitting on the emergency motion to expedite a default judgment against the Commissioner of the Sociala (sic) Security Michael Astrue for his default in Taitz v Democratic party, dealing with Obama’s use of forged IDs and a stolen CT SSN [redacted, Doc],” just how big WordPress titles can get!

The rally is scheduled for 11 AM on Thursday (which particular Thursday is not specified).

Dr. Conspiracy Twitter pageOrly also cites an Examiner article saying that 70% of Obama’s Twitter followers are fake. Well, I’m not an Obama Twitter follower, so maybe I’m not a fake. Examiner got it’s story from the New York Times, making it more interesting. Apparently the practice of buying Twitter followers is real, although there is some question as to whether the tool that checks for fake followers gives accurate results.

However, the Fake Follower Check does not really say 70% of Obama’s followers are fake; the site, statuspeople.com, actually showed 30% fake, 39% inactive and 31% good. So I asked the site about MY Twitter followers. I’ve never bought a Twitter follower, and I can’t see that anyone else would have either. It said 6% fake, 23% inactive and 71% good. (I have 349 followers for what that’s worth.)

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 →

The extraordinary emergency du jour

Tick, tick, tick—the clock is ticking. Obama will be sworn in for his second term as President  [fergcorp_cdt_single date=”20 Jan 2013 12:00:00″]. Orly Taitz is attacking on two fronts, first with a motion for reconsideration of her failure to get an injunction to stop the inauguration in the Grinols case, and a hearing today, January 17 (denied for defective filing).

The second is a petition to the Fifth Circuit Court of Appeals in Taitz v. Democrat Party of Mississippi. Taitz cites Federal Rules of Appellate Procedure Rule 21 on “Writs of Mandamus and Prohibition, and Other Extraordinary Writs” as a basis for seeking a “writ of mandamus for the lower court to expedite the default judgment and postjudgment discovery against defendant commissioner of Social Security Michael Astrue.” My article, “Running out of snappy Mississippi titles” discusses the merits of this claim of default, and why even if Astrue were in default, she won’t get Obama’s Social Security records.

Taitz tallies 49 pages in this one, mostly exhibits including her usual gang of unqualified experts, plus copies of the federal rules. I think one sentence in her brief pinpoints the problem in her petition for emergency relief:

The issue of Obama using a Social Security number, which was never assigned to him has to be heard before the swearing in ceremony.

Why? What does a social-security number have to do with being President of the United States?

Here’s a bit of humor:

CERTIFICATE OF INTERESTED PERSONS

There are no interested persons.

I don’t know if this is correct under the 5th Circuit’s Rule 28.2.1, but it’s still funny.

As of this morning at 9:47 AM Eastern time, no action on the petition appeared on the 5th Circuit Court docket.

MS ECF 92-1 2013-01-11 – Emergency Petition for Mandamus to Expedite Ruling to Fifth Circuit by Jack Ryan