UPDATED Jan. 29 with statutory citation indicating that Taitz’s filing may be improper and subject to dismissal.
Laguna Niguel attorney Orly Taitz was rebuffed in her request to U.S. District Judge David O. Carter to transfer her lawsuit to Judge Royce C. Lambreth. In his Jan. 12 ruling, Carter pointed out that he’d dismissed her effort to have Barack Obama removed as president, so there was no case to transfer.
So on Wednesday, Taitz went ahead and filed a new lawsuit - with Lambreth. She is seeking Obama’s original birth certificate, dismissing his “certificate of live birth” and the declaration of Hawaii’s top public health official as insufficient proof that Obama is a natural-born citizen and eligible to serve as president.
“From birth and until now Mr. Obama had citizenship of and allegiance to three other nations: Great Britain, Kenya and Indonesia,” Taitz writes in her suit, which you can read here.
Taitz, who’s also filed an appeal to her case in San Francisco federal court, explains in her suit that dark forces in the courts and beyond are working against her efforts.
“She (Taitz) was subjected to vicious attacks coming from the media acting as regime official propaganda, from Obama’s supporters and from some judiciary, acting as tools to silence her and intimidate her into dropping legal actions.
“She was subjected to numerous death threats, tampering with her car, when a fumes emissions hose was disconnected and hot combustible fumes were going back to the engine, as she was driving with her three children in the car.
“Several convicted criminals and document forgers were working in concert and appear to be following the same instructions, submitted perjured affidavits to court and forged her signature, in an attempt to influence the judiciary and undermine her in the eyes of the community and undermine her law license….”
She also has dispensed with the clients she has previously listed as plaintiff, naming herself as the sole plaintiff in the new case.
Are there an legal experts out there who can verify that the Quo Warranto Petition for Writ of Mandamus that Taitz is filing her can only be properly filed against a public officer by the government? I’ve read that, but not yet confirmed it. If you can over a legal citation, that would be great.
UPDATE: Total Buzz reader Bob sent the following citation and comment, which indicated that Taitz’s filing is improper and subject to dismissal:
D.C. Code § 16-3502: Parties who may institute; ex rel. proceedings.
The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter on his own motion or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescribes, conditioned on the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant.
…so Taitz can file this only with the court’s permission. But Taitz is not an “interested party,” so the court will toss the suit.