Atty. Orly Taitz: Mississippi Ballot Challenge in “Discovery” Phase

AMENDED COMPLAINT AND RACKETEERING LAWSUIT FILED WITH STATE SUPREME COURT

by Sharon Rondeau

(Apr. 21, 2012) — Atty. Orly Taitz told The Post & Email today that a Mississippi special judge appointed to hear a challenge to Obama’s eligibility scheduled for April 16 has recused himself from hearing the case.

In a letter dated April 20, 2012 addressed to the Mississippi Supreme Court, Special Judge Kenneth Coleman wrote, “Due to recent developments, in the above referenced case, I am going to recuse myself from any further involvement in this matter.”  He does not state what the “recent developments” were.

Coleman was a retired judge who had presided over criminal, personal injury, and divorce cases. He had also been called upon to hear lawsuits arising out of Hurricane Katrina in 2005.

Taitz had issued a subpoena to Mike Zullo of the Maricopa County, AZ Cold Case Posse to appear on April 16 in Mississippi to give testimony about the six-month investigation into Obama’s birth certificate and Selective Service registration form.

In Indiana, a Judge Shahid had recused himself from hearing another legal challenge filed by Taitz, and on April 16, a special judge was appointed.

“The judges know that the case is strong, and they also know that they will be liable,” Taitz said.

Taitz filed her case in Mississippi at the beginning of February.  A hearing was delayed until April 16 because Judge Coleman had reportedly been ill,

Taitz said that the Mississippi action is now “in discovery” after she submitted an amended complaint.  However, after several delays in having the case heard, Obama’s name has been placed on the ballot in the state.  “The judge had in front of him a sworn affidavit from experts, from a deportation officer, and later I gave him the transcript from Arpaio’s press conference.  The sheriff is providing evidence showing that Obama’s birth certificate is indeed forged, and the judge is allowing him on the ballot,” Taitz commented.

On March 21, Taitz had stated on her website that she was considering filing a RICO suit against the Democratic National Committee and had placed the chairwoman, Debbie Wasserman Schulz, on notice.  She has now filed a RICO lawsuit in the Supreme Court of Mississippi against Obama for America; Loretta Fuddy, Director of the Hawaii Health Department; Registrar Alvin Onaka; Barack Hussein Obama II; Michael Astrue, Commissioner of the Social Security Administration, and Nancy Pelosi for election fraud and use of forged documents.  Taitz said she is suing “as a victim of retaliation.   RICO gives me a chance to bring criminal charges such as use of forged documents.  The judges are afraid that if it blows up, they might end up with criminal charges themselves.”

Because Coleman has recused himself, Taitz has petitioned the chief justice of the Mississippi Supreme Court to appoint a new one.  She said that because her case deals with an election issue, she should receive notification of a new judicial appointment within three days.

“You are in discovery in only two situations:  1) after the defendant files an answer; or 2) if the defendant files a motion to dismiss and the judge rules to deny the motion.  I was in discovery in one case in Georgia, which is why I issued subpoenas, and I am in discovery in Mississippi because both the Secretary of State and the Mississippi Democrat Party, two months after the case started, changed their strategy and filed an answer, which negated all prior motions that they filed.  We are now in discovery.  Even though the answer is short, one page, and said they were denying the allegations, it was filed,” Taitz said.

Taitz told us that in the state of Mississippi, the statutes require that the petitioner first approach the party of the candidate whose credentials are in question.  “If they deny your challenge or do not respond, you go to court,” she said.  In Indiana, she was required to go to the Elections Commission and the Secretary of State.  In New Hampshire, she had to file her challenge with the Ballot Law Commission and the Secretary of State.

The Mississippi Secretary of State has hired two attorneys, and there are two attorneys representing the Mississippi Democrat Party.  Taitz stated that one of the attorneys is a member and “one of the organizers” of The Fogbow.  She described her resources as “limited” and asked for donations to continue the case in Mississippi.

Taitz told us that a legal argument has arisen whereby one of the attorneys, who is from California, failed to provide his address as required in the pro hac vice application.  The clerk denied the application because of the omission.  The Mississippi attorney with whom the California attorney was working then sent an email to the judge asking him to waive the requirement because Taitz allegedly “publishes everything on her website and he doesn’t want to be harassed.”  Taitz reported that “Within an hour, over my very stringent opposition, the judge granted him pro hac vice.  So I said, ‘Your Honor, if you waive the technical requirements for this attorney, I’m asking you to waive them for me as well.  I’m a licensed California attorney just like him, and I’m asking you to waive the technical requirement of having the signature of a local attorney because the case is so explosive.  It shows the sitting president committing serious crimes, and other attorneys are simply scared.  Plus I’m doing this pro bono, and they don’t want to do such an explosive case pro bono.  Please waive requirement.’  But he did not do that.  He said I shouldn’t address him in emails and I should comply with the requirements, and ‘We’ll see you at the hearing.'”

Taitz has asked that the case be reassigned to a new judge.