Layered defense

President Obama, Nancy Pelosi and Obama for America are now engaged in the Taitz v Democrat Party of Mississippi lawsuit, answering the “First amended complaint” in a brief this past Monday (October 29) in Jackson, MS. I was just a little surprised to see, although it makes perfect sense, that attorneys Scott Tepper and Sam Begley are representing these new defendants as well as the Mississippi Democratic Executive Committee. In addition to denying the allegations in Taitz’ complaint, the President and the other Defendants offered affirmative defenses, layers and layers of them, specifically:

1. The complaint consists of immaterial, impertinent, and scandalous matter, has been filed for an improper purpose, and should be stricken pursuant to Fed. R. Civ. P. 12(f).
2. Lack of subject matter jurisdiction
3. Failure to state a claim upon which relief may be granted
4. Lack of standing, lack of ripeness, mootness and no assertion of justiciable right to relief.
5. Failure to comply with Fed. R. Civ. P. 8, 9(a) and 9(b)
6. Failure to comply with jurisdictional and procedural requirements of Miss. Code Ann. §§ 23-15-961, 23-15-963 and 23-15-1089.
7. Some or all claims barred by estoppel, ratification, collateral estoppel, waiver and/or laches.
8. Plaintiffs have unclean hands ¹
9. Plaintiffs have not been injured within the meaning of the applicable law
10. Defenses under 18 U.S.C. § 1961
11. Immunity
12. Defenses under Fed. R. Civ. P. 8(c) and 12(b).
13. Other affirmative defenses

In addition to asking the court to dismiss the case, the Defense is asking for costs, writing:

Defendants further respectfully request that this court assess attorney[‘]s fees against Plaintiffs pursuant to the Mississippi Litigation Accountability Act of 1988, Fed. R. Civ. P. 11 and/or 28 U.S.C. § 1927, for a wholly frivolous, unreasonable, vexations and malicious complaint.

Read the Answer:

SDMS 2012-10-29 – ECF 59 – Joint Answer and Affirmative Defenses to Plaintiffs’ FAC

¹This may be related to Orly Taitz using the Obama birth certificate Made in the USA coffee mug as a chamber pot.