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Gothmog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:44 AM
Original message
Latest from Orly
Over the weekend, Orly Taitz filed another motion asking the court to take judicial notice that monetary damages are not necessary to establish standing under RICO. http://www.obamaconspiracy.org/2009/10/new-documents-filed-in-barnett-v-obama/
In an unusual Sunday posting (perhaps due to system maintenance on the court electronic filing system), new documents have appeared in the Barnett v. Obama lawsuit today, October 11, 2009.

Attorney Orly Taitz filed a brief asking the court to take judicial notice that “Individual Damages are not required in public sector mail & wire fraud relating to political corruption under 18 U.S.C. §1346″, continuing her assertion that the RICO statute gives her standing. You will notice that this lawsuit has been changing colors like a chameleon, originally started as a suit under an inapplicable Bush presidential order, morphed into a hodgepodge of other things, and now she’s trying to be turned into a RICO lawsuit. As evidence Orly continues to push the false social security number allegation she and her detectives have skimmed from various questionable sources. Most recently, she has included an affidavit from her number 2 detective in Ohio, Susan Daniels.
RICO has nothing to do with this case. However, the judge in this case will have to add a paragraph rejecting this theory to the opinion that is being drafted. Here is part of Taitz's latest filing
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA Notice of Electronic Filing The following transaction was entered by Taitz, Orly on 10/11/2009 at 12:57 PM PDT and filed on 10/11/2009

Come now the Plaintiffs with this Request for Judicial Notice that Individual Damages are not required in public sector mail & wire fraud relating to political corruption under 18 U.S.C. §1346, together with notice of filing expanded report by Susan Daniels.

During this Court’s hearing on October 5, 2009, the Court searchingly examined counsel for the Plaintiffs and Defendants regarding the sole threshold question of “standing.” Plaintiffs’ provided arguments of Flast v. Cohen taxpayer standing or else 9th Amendment reserved rights to Petition for Redress of Grievances concerning a clear violation of the Constitution’s clearly demarcated qualifications for the Presidency, as well as Oath taker standing per Allen v Board of Education and USA v Clark . l

Plaintiffs have, in the course of their investigations during the past year, accumulated a substantial amount of evidence concerning the Mr. Obama’s fraudulent manipulation of his own identity, and the legal identity of others. To this end Plaintiffs have previously submitted the Affidavit and Independent Investigative Report of Former Scotland Yard Inspector Neal Sankey and now submit the expanded Report of Ohio Private Investigator Susan Daniels.

These two private investigation reports, although slightly duplicative, show beyond reasonable doubt a pattern of manipulation of Barack Hussein Obama’s identity, employment, and residence information. The use of a multitude of social security numbers alone is indicative that Mr. Obama appears to have committed a substantial number of felony violations, including but not limited to violations of 42 U.S.C. §408(a)(7)(B). which shows dishonest political advantage during 2008 election.

Plaintiffs submit again that “the American People Reserve the Right to know”. Furthermore, the examination and decipherment of the trail of deception so casually left by this successful candidate will (1) lead ultimately to discovery of the truth about his origins and citizenship, (2) reveal the nature of the scheme to defraud by which this Mr. Barack Hussein Obama became President, and (3) show the degree and nature of the collusion of other people and parties in the scheme of defraud leading to his election, including but not limited to the other Defendants.

The Plaintiffs have repeatedly alleged that the election of 2008 was procured by fraud. Acquisition of high public office by and through implementation of a scheme to defraud regarding material facts regarding a candidate’s qualifications and identity is a species of public sector fraud. Such a scheme to defraud is actionable by private parties under 18 U.S.C. §1346, in that each instance of the use of interstate wires or mail delivery facilities counts as an individual predicate act under Civil R.I.C.O., 18 U.S.C. §§1961, 1962(a)-(d), and 1964(c).

Plaintiffs request the Court to take note that the United States Congress’ express purpose in enacting 18 U.S.C. §1346 was to ensure that corruption by both (even paired) public and private sector defendants (such as Defendants Barack and Michelle Obama were from the Illinois Senatorial Election 2004-up-through January 20, 2009 individualized damages were not required to obtain convictions under 18 U.S.C. §1346.

It logically follows that Civil RICO actions relating to public and private sector corruption which would utilize predicate acts of criminal violations of 18 U.S.C. §1346 could likewise be brought without proof of individualized damages or “standing” in the civil sense.

Plaintiffs accordingly submit that the principles of prosecutions of public corruption based on 18 U.S.C. §1346 be applied to evaluate the standing of the Plaintiffs in the present above-entitled-and-numbered case Barnett v. Obama.

WHEREFORE, Plaintiffs request that this Honorable Court take Judicial Notice of the doctrine of the people’s intangible right to honest services based on 18 U.S.C. §1346, and consider the significance for the standing of the people to bring suit under Civil RICO (18 U.S.C. §1964(c)), that the criminal predicate acts for RICO which may be substantiated under this title do not require specific personalized injury to business or property interests.

Accordingly, the people of the United States may sue for Civil RICO for the fraudulent denial of their intangible right to honest services without showing individualized specific injury, and this case should be allowed to go forward, albeit with Plaintiffs’ Second Amended Complaint allowed to be filed, and considered as a fundamental (complementary) element of citizen standing. Respectfully submitted, Sunday, October 11, 2009
No individual damages are needed for the govt. to bring a RICO claim but you definitely need damages if you want to bring an individual claim. This is yet another red herring to try to convince the judge that there is stangind here. I am looking forward to seeing the govt's response to this latest silliness.
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tabatha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:48 AM
Response to Original message
1. She is trying everything she can, in other words she has nothing.
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PetrusMonsFormicarum Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:48 AM
Response to Original message
2. Thanks!
I was looking for Hallowe'en costume inspiration!



Scary!
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CurtEastPoint Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:55 AM
Response to Reply #2
4. She's what inspired HIM!
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liberalitch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:54 AM
Response to Original message
3. Wingnuticus,....
Maximus!
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Ganja Ninja Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:56 AM
Response to Original message
5. See here's the rub.
"Plaintiffs have, in the course of their investigations during the past year, accumulated a substantial amount of evidence"

Not! If they had they wouldn't keep throwing her out of court.
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 11:58 AM
Response to Original message
6. Get the latest info on Orly
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tabatha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 12:40 PM
Response to Reply #6
8. Maybe that is where she'll run when they threaten to throw her in jail.
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existentialist Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 12:04 PM
Response to Original message
7. Frivolous arguments
can deeply aggravate a judge. Where the judge has already warned Plaintiffs against frivolous filings I would be highly surprised if there are no rule 11 sections.
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petronius Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 12:45 PM
Response to Reply #7
9. I think the judge should respond to her entirely in lolcats
Then he should squish her like a bug.

It must a strange and different world that she lives in compared to the rest of us...
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-12-09 12:52 PM
Response to Original message
10. She's insane. She reminds me of those nut jobs who file pro se cases.
About 20 years ago, there was a woman in Houston who filed hundreds of pro se lawsuits. She sued in a separate lawsuit any lawyer who represented any person against her in any case. So, she just kept filing more and more lawsuits, all without any basis. One judge finally got really bent out of shape about it, and she ended up in jail for over a year.

Oily Taint is headed to jail. If she had backed off and apologized at the original Show Cause proceeding, she'd have gotten off with a hand slap. But she's really off the rails now. I've never in my 30 plus years of practicing law seen any lawyer in any court at any level behave as Orly has. It's unprecedented.

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