February 06, 2013

Historical Review of Taitz v. Obama, 2012

On July 10, 2012, Dr. Orly Taitz, Esq. filed an EX PARTE EMERGENCY MOTION for 45 DAY STAY of the RESULTS of the 2012 ELECTION in Superior Court of California, Orange County, Central Justice Center alleging elections fraud, use of forged identification papers by a candidate, and identity fraud by a candidate. Plaintiff Taitz notes in her complaint California officially ended canvassing on July 3rd. This election challenge was executed on July 8th 2012.

Taitz explains in her complaint, California Elections Code 16100 and 16101 allow electors to challenge election results. Taitz quotes, "CA Code 16100(b) That the person who has been declared elected to an office was not, at the time of the election, eligible to the office," in her complaint against President Barack Obama. 

Taitz was a primary candidate for the California Republican nomination to the U.S. Senate in 2012. As a candidate for public office in a primary election, Taitz quotes, "CA Code 16101 Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following grounds, that: (a) The defendant is not eligible to the office in dispute. (b) The defendant has committed any offense against the elective franchise defined in Division 18 (commencing with Section 18000)." In addition to naming President Barack Obama as a defendant in the case, Taitz has named California Democratic Senate nominee Dianne Feinstein as a defendant in the case.

CA Code 18203 provides that any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1000) or by imprisonment in the state prison for 16 months or two or three years or by both fine and imprisonment.

Obama ran for the Democratic nomination for U.S. President in California in 2012 and Feinstein ran for the Democratic nomination for U.S. Senate in California in 2012. Taitz notes in her complaint, Article II, Section 1 of the U.S. Constitution the U.S. President shall be a natural born U.S. Citizen. Obama's literary agent, Dystel & Goderich,  published Obama's biography from 1991 to 2007 as a person born in Kenya and raised in Indonesia and Hawaii.

Obama enrolled in St. Francis of Assisi Elementary on Jan. 1, 1968 under the alias Barry Soetoro, as an Indonesian National and born in Honolulu, HI. Taitz alleges Obama is not a U.S. Citizen or he naturalized as a U.S. Citizen making him ineligible for the Office of the President of the United States.

On July 13, 2012, Judge Richard Luesebrink issued a minute order for Taitz v Obama denying plaintiff's Emergency Ex Parte Motion for 45 Stay of certification of election results. On Nov. 7, 2012, Judge Charles Margines dismissed Taitz v Obama with prejudice.

On February 4, 2013 California Court of Appeal, Fourth Appellate District, Division Three, the Court granted Taitz's appeal to vacate dismissal, reinstate the appeal and be relieved from default. The order of dismissal is vacated and the appeal is reinstated.

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