Sunday, April 1, 2012

Birther lawsuit update.

The Mississippi Democratic Party filed a motion in Hinds County Circuit Court seeking the admission of California attorney Scott Tepper to participate as co-counsel. The Democratic Party is a defendant in a lawsuit filed by another California attorney, Orly Taitz, seeking to remove President Obama from the ballot. Dr. Taitz, Eaquire, contends the President is using a forged social security number and is not an American citizen. She filed suit against the Democratic Party and Secretary of State on February 14, 2012.

The Mississippi Supreme Court assigned the case to retired Judge Kenneth Coleman. A hearing is set for April 16, 2012 at 9:00 AM in Hinds County Circuit Court. Meanwhile, Dr. Taitz, Esquire, sent a notice of appearance (not a subpoena) to Maricopa County Sheriff Joseph Arpaio. She published a short post on her website about this matter:

"My case in Jackson MS is coming in 15 days. Sheriff Arpaio and investigator Zullo still did not respond in regards to notice to appear in court and testify under oath about their findings. I am really concerned. The main duty of the sheriff is to provide their findings to the courts: to forward his report to the District Attorney and to testify in court.

Arpaio is still doing public events, which is nice, but law enforcement is not achieved through public events, through book selling events or promotion of World net Daily. He or Zullo or another member of his staff has to testify in court. I am asking each and every supporter to confront Arpaio and Zullo and demand an answer, why they refused to comply with the tsubpoena and testify in GA, why are they not complying with the notice to appear in MS. Does he want Obama removed from the ballot or does he want to just raise funds with Joseph Farah of WND or for Mike Zullo to raise funds by selling books with Jerome Corsi? What are their priorities? Please demand an answer from Arpaio and Zullo asap
." Link to article. WARNING: DO NOT OPEN IN INTERNET EXPLORER- MALWARE. Safari, Opera, Chrome, and Firefox will block it.

Earlier posts:
The Birther Br'er Patch Gets More Tangled
Birthers are coming, the Birthers are coming




Dr. Taitz, Esquire, was also sanctioned $20,000 by a Georgia court last year in a similar lawsuit. Here is the transcript of her behavior that supposedly led to her sanctions. Page 20 is where the interesting stuff starts.



11 comments:

Anderson said...

I can't think why the Dems need out of state counsel to fight a frivolous suit.

Anonymous said...

Isn't that what their defacto leader Hood does?

Anonymous said...

Anderson, why should a MS attorney waste time chasing down Dentist Taitz Esquire's bogus arguments and documents, when this CA attorney is already familiar with her antics?

I'd said, it's money well spent. God forbid that, given MS short amount of time vs Dentist Taitz's years of fine tuning her complex delusion, something important should be inadvertently.

Dentist Taitz can't produce witnesses she claims have this or that because they are unwilling to risk perjury charges. It's one thing to make fantastical public claims and another all together to lie in court.

What I REALLY don't understand is how the SS numbers, Kenya nonsense etc is relevant unless legally Dred Scott is still the law of the land. Obama's mother was an American citizen. That fact has NEVER been challenged.

This is a monumental waste of time.

The courts can stop a lawyer who files frivolous lawsuits and it's way past time some judges and lawyers come up with the political cojones to end this. This crazy woman needs to be disbarred.

Anonymous said...

I suspect that the defense wants to add Tepper because they are seeking sanctions against Taitz and Tepper has kept himself up to date with Taitz's voluminous frivolous filings. It would take months for any attorney new to Taitz's antics to compile all of her misdeeds and history of reprimands and sanctions, but Tepper is a walking encycolpedia ot all things Taitz.

Anonymous said...

All she needs to do is plead the "Todd Waide" case. SOS Dilbert and AG C.Twitty have already stated, clearly and on record (a court reporter was present) that it is the candidates affirmative duty to prove that he/she meets the qualifications. The State Election Commission only seven months ago established (2-1 vote) that the burden of proof is on the candidate. SOS couldn't 'establish' that Waide was a registered voter (one of the three requirements to qualify as a candidate), so he required Waide to prove it. Has SOS Dilbert established that presidential candidates meet all the requirements of law?

Anonymous said...

re: Applicability of "Todd Waide"

For a state to require a candidate for a state or local office to prove that the candidate meets all eligibility requirements is one thing. However, except for managing ministerial functions necessary for the orderly conduct of elections, a state officer cannot define or interpret eligibility requirements for federal officers.

The eligibility requirements for the presidency are purely federal (i.e., Constitutional) and several courts have held that the enforcement function, such as it is, vests in the electorate, the Electoral College and the Congress, in seriatim.

Beyond, say, requiring an affidavit that the candidate meets all the eligibility requirements for the office, there's little apparent room for interpretation or enforcement at the state level.

As several courts have pointed out, chaos would result if the California Secretary of State ruled that a president must have been born to two citizen parents while, at the same time, the Mississippi SoS decided that birth on American soil is sufficient.

Or, suppose that one state rejected a presidential candidate's birth certificate as not meeting that state's authorized form (the Full Faith and Credit Clause be damned) while an elections official of another state held that the same document was valid.

In short, having 50+ independent state or territorial authorities rule on an identical issue is a poor, not to mention unconstitutional, way of doing business. YMMV.

Joe said...

Anonymous 8:20 am, you are a complete idiot and wrong about everything you said.

Nice try Obot

Anonymous said...

Why are you people so ignorant, its not only Obama. Say for example someone like Jim Crow would be running and you would find out that he is not eligible because he is not a Natural Born Citizen, and there would be experts, who would testify his BC, his SSno., and his Sel.Service are fake, wouldn't you want to have it investigated? Open your eyes, and open your mind, this needs to be resolved so we don't ever get an usurper into the White House, Obama or not.

Anonymous said...

The "Buffet Rule" will pay for 0.0102863436% of total Federal spending over the next 10 years.

So let's set the country on fire about that monumental achievement.

Anonymous said...

Whether or not Obama is a legal citizen, everyone should read Kingfish's "Tribe of Obama" listed as an (important) entry on this blog's homepage. There is plenty to be concerned with regarding his rule of this country.

Anonymous said...

A man like Obama with no allegiance to this country has only one agenda, and that is to destroy it. Your concern regarding his rule of this country is a bit late, and would have never happened, if he would have been properly vetted. The only remedy now is to not get him on the ballots all over this country, and make sure he doesn't get re-elected without proper vetting. We have to fix what he has destroyed after he goes to jail.



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