Taitz files Motion for Reconsideration in Barnett vs. Obama

SHOOTS DOWN ARGUMENTS OF RULING, POINT BY POINT

by John Charlton

(Nov. 9, 2009) — This afternoon Dr. Orly Taitz, esq. filed a Motion for Reconsideration in Barnett vs. Obama, the case in Federal Court, Santa Ana, California, which garnered national attention 2 weeks ago, for Judge David O. Carter’s outrageous ruling denying standing to military personnel and taxpayers, and which denied complete redressability to political candidates who were defrauded of their chance to run for office in an election in which the ballot was comprimised by the addition of a popular but ineligible candidate.  The most famous plaintiff in this case is former Ambassador Dr. Alan Keyes, who was a candidate for president in the 2008 Elections.

In addition Judge Carter’s ruling included a personal attack on the lead counsel of the Plaintiffs, the incendiary reaction of which was criticized by even third parties for its lack of impartiality.

Dr. Taitz’s Motion for Reconsideration, made in accord with the Federal Rules of Civil Proceedure (59-e and 60), attacks Judge Carter’s ruling point by point, and asks him to strike the errors of fact and law contained in it.

The Motion begins by citing the now public facts of the case of Siddhart Velamoor’s appointment by Judge Carter as his law clerk on October 1, 2009, just 4 days before the hearing in which he considered the Motion to Dismiss the case presented by Obama’s lawyers.

Dr. Taitz writes:

1. A newly discovered fact, material to this action, that was the reason for most errors in the order, is the fact that on October 1, 2009 Your Honor hired as your law clerk an attorney Siddharth Velamoor, who previously worked for Perkins Coie, a law firm representing the defendant in the above case, Mr. Obama. As a matter of fact Perkins Coie was one of the firms representing the defendants in a prior legal action filed by the plaintiffs in this very case, Ambassador Alan Keyes et al against Secretary of State Deborah Bowen and Democratic party electors specifically for not vetting Mr. Obama as a presidential candidate, as Ms. Bowen didn’t request any vital records and never checked any vital records of Mr. Obama, as she and all the other secretaries of states took his Declaration of a Candidate on it’s face value. As it is a common knowledge that law clerks do most of the research and write most of the opinions for the judges, the order to dismiss this case was de facto written or largely influenced by an attorney who until recently worked for a firm representing the defendant in this case, and who  currently is working as a clerk for the presiding judge, as such most of the order is tainted by bias. This is a clear prejudice against the plaintiffs.

She then asks that the personal attack made on her in the Ruling be struck, on account of its prejudicial bias.

Dr. Taitz then asks for a series of items to be struck from the ruling:

2. The plaintiffs request the court to strike from the order unsupported and prejudicial verbiage. Please see in the attachment Declaration of the undersigned attorney.

3. The court has stated in the pleadings that the undersigned attorney has encouraged her supporters to contact the court in an attempt to influence his decision in the October 5 hearing. This is not true. The plaintiffs request this stricken from the final order.

4. During October 5 hearing your honor has stated that the undersigned attorney encouraged the supporters to attempt to influence the court’s decision. This never happened. When the undersigned attorney requested to respond, the court stated: “no, no, it’s done. You’ve put it out there. Now it’s your responsibility”. The undersigned attorney has done nothing of a kind and believes that this information might’ve come from some ex parte communications with the presiding judge coming from parties connected to the defense, which is prejudicial, inflammatory and defamatory. The undersigned requests it stricken from the order.

Then Taitz addresses the affidavits mentioned by Carter in his ruling, which he claimed besmirched her character:

CONTINUED HERE.