Dr. Orly Taitz, Esquire

Defend Our Freedoms Foundation
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita CA, 92688
Copyright 2014

Review of Politics, Economics, Constitution, Law and World Affairs by Attorney and Doctor Orly Taitz


If you love your country, please help me fight this creeping tyranny and corruption.
Donations no matter how small will help pay for airline and travel expenses.





The articles posted represent only the opinion of the writers and do not necessarily represent the opinion of Dr. Taitz, Esq., who has no means of checking the veracity of all the claims and allegations in the articles.
Mail donations to:
Defend Our Freedoms Foundation, c/o Dr. Orly Taitz
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita, CA 92688.
Contact Dr. Taitz at
orly.taitz@gmail.com.
In case of emergency, call 949-683-5411.

When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.

-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.
 -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.
 -- Mahatma Gandhi



I am working on this motion in Indiana. the word angry does not begin to describe my feelings about what is being done by judges

Posted on | September 28, 2012 | 12 Comments

Dr. Orly Taitz, ESQ

29839 Santa Margarita, ste 100

Rancho Santa Margarita, CA 92688

Ph. 949-683-5411 fax 949-766-7603

Pro se plaintiff

 

 

 

 

 

 

 

IN THE SUPERIOR COURT

MARION COUNTY

DR. ORLY TAITZ, ESQ                                   ) Case No.: 49D14-1203-MI-012046

KARL SWIHART                                             )                                                 EDWARD KESLER                               )

BOB KERN                                             )

Frank Weyl                                       )

valeria ripley                                 )

Plaintiffs,             )

v.                                                              )

)

ELECTIONS COMMISSION;                 )

SECRETARY OF STATE OF INDIANA; )

Deputy Attorney                                     )

General  Jefferson Garn;

Assistant attorney

General Kate Shelby;

1310 Radio/Wtlc

amos brown, in his capacity of

the talk show host of the 1310 Radio/Wtlc

Defendants.

 

Emergency Motion for Reconsideration of the Motion for Preliminary  Injunction is brought in conjunction with the Motion To Augment record.

 

 

 

 

Argument

1. The case at hand represents the most important matter of National security. I represents a complaint relating to use of forged and fraudulently obtained IDs by Barack Hussein Obama, who is currently running for the U.S. President.

2. Plaintiffs recently filed a Motion for Preliminary injunction. In the motion Plaintiffs wrote in large letters ” PLAINTIFFS INCORPORATE BY REFERENCE THEIR SECOND

AMENDED COMPLAINT AS IF FULLY PLED HEREIN.”

3. Second Amended Complaint contained 70 pages of sworn affidavits and other exhibits evidencing forgery and fraud in Obama’s  Social Security card, Selective Service certificate and birth certificate, as well as evidence of Obama’s Indonesian citizenship and his use of a name not legally his. Second amended Complaint and all the Exhibits were attached to the Motion for Preliminary injunction (Exhibit 1)

4. Orly Taitz, who is both a plaintiff and an attorney in this case, working pro bono, for the second time brought  witnesses to testify to authenticity of affidavits.

5. During the oral argument hearing Taitz  requested Judge Reid to allow her to put on the stand witness Chris Strunk to authenticate his affidavit, so it can be properly become part of the evidence and of the record. Taitz explained both in her pleadings and during the oral argument that Strunk filed a freedom of information request with the State Department. In response to his request he received from the State department copies of passport records of Stanley Ann Dunham, Obama’s mother. In his mother’s passport records Obama is listed under a different last name “Soebarkah”. Obama is listed as his middle name. His full name is listed as “Barack Obama Soebarkah”. Taitz argued that if the court were to disregard  all the other exhibits, all the other evidence, this one piece of evidence is sufficient to remove Obama from the ballot, as “Barack Obama” is not his legal name.  Defense did not object to the testimony of Strunk.   Judge Reid simply refused to allow Strunk to testify. Taitz pleaded with Judge Reid, advising her that this is the second time judge Reid is refusing to allow witnesses to testify. During the first hearing in this case former secretary of State of Indiana, Charlie White, was subpoenaed and was in the court room, but was not allowed to testify. Taitz properly made the request during the time allotted to her. Taitz advised Judge Reid that Mr. Strunk came all the way from New York for the  second time. Judge Reid refused to allow Strunk to testify and did not provide any explanation and any reason, as to why she is refusing to allow him to testify. Not only Judge Reid did not allow Strunk to testify, she addressed the Plaintiffs and some 50 supporters, who gathered in the courtroom telling them that the attorneys did not provide any evidence, which could potentially create a rift and an ill will between the plaintiffs and attorneys.

6. Taitz, who is both a plaintiff and an attorney in this case is gravely concerned that if the court did not allow witnesses to testify twice, the court will not allow witnesses to testify in the future as well and the plaintiffs are deprived of their Fifth and Fourteenth Amendment Due Process and Equal Protection rights. Taitz   hopes that this was not done with malice, but due to oversight. Taitz believes that the court might have overlooked or forgot that the Second Amended Complaint with some 70 pages of exhibits was included by reference  in the   Motion for Preliminary injunction. The court might have forgotten that affidavit of Chris Strunk was a part of exhibits.

6.    At hearing on temporary injunction all plaintiffs need do is show prima facie right to injunction, and is not required to make out such a case as would entitle him in all events to relief at hearing on merits. Everett v Ward, 267 N.E.2d 174 (Indiana 1971).

7. Plaintiffs in this case have shown that they are entitled to a right for Preliminary injunction. With their Motion for Preliminary Injunction and exhibits, which were incorporated by reference, their Reply to opposition (Exhibit 2)  and oral argument  Plaintiffs have provided a prima facie evidence that candidate  Obama cannot be on the ballot due to his foreign citizenship, name not legally his and evidence of fraud and forgery in his identification papers. Defense did not provide any evidence in rebuttal, to show that any of Obama’s IDs are genuine, that his legal last name is really Obama and that after he was an Indonesian citizen, as evidenced by his school records from Jakarta, Indonesia, he changed his citizenship from Indonesian to American.

8. As the witness testimony was not allowed during the Motion Hearing, Plaintiffs attach herein an original Certified Transcript from the Administrative court in the state of Georgia, which is provided in a sealed envelope, as it was received directly from the court reporter, as well as the video taped testimony from the same  trial,

Farrar et al v Obama OSAH-SECSTATE-CE- 1215136-60-MALIHI, where seven experts testified to fraud and forgery in Obama’s records, among them witness Chris Strunk.

while Defense might argue that the certified trial transcript and videotaped sworn testimony from the same trial is not sufficient for a permanent injunction, this is sufficient for a preliminary injunction removing Mr. Obama from the ballot pending verification of the original Identification papers.

9. Rule 1002. Requirement of Original

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute. An electronic record of the Indiana Bureau of Motor Vehicles obtained from the Bureau that bears an electronic or digital signature, as defined by statute, is admissible in a court proceeding as if the signature were an original.

Rule 1003. Admissibility of Duplicates

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

According to Indiana Rules of Evidence 1002 and 1003 one needs an original document to prove the content of a writing. If a genuine question is raised to the authenticity of the original, a duplicate is not allowed. Plaintiffs raised a genuine question of authenticity of Obama’s IDs.

a. Plaintiffs provided a sworn affidavit of Sheriff Joseph Arpaio attesting to the fact that as a result of his investigation Obama’s birth certificate, Selective Service Certificate and Social Security card represent computer generated  forgeries. (FAC affidavit of Sheriff Arpaio)

b. Affidavit of typesetting expert Paul Irey attesting to forgery in Obama’s birth certificate (FAC affidavit of Paul Irey)

c. Affidavit of scanning and copying machines expert, Douglas Vogt attesting to forgery in Obama’s birth certificate (FAC affidavit of Douglas Vogt)

d. Affidavit of Tim Adams, assistant clerk for the City of Honolulu and Honolulu county attesting to the fact that there is no birth record for Obama in any hospital in Hawaii. (FAC affidavit of Tim Adams)

10. Plaintiffs move to include into evidence exhibits to the First Amended Complaint, Original Certified Transcript and the video tape of the testimony trial Farrar v Obama OSAH-SECSTATE-CE- 1215136-60-MALIHI

11.  State Election Board v Superior Court of Marion County, 519 N.E.2d 1214 (Ind1988) states that declaratory relief is an available alternative to exhaustion of administrative remedies and judicial review. Evan Bayh secured declaratory relief to get on ballot, bypassing administrative process, in State Election Board v Evan Bayh, 521 N.E.2d 1313 (Ind.1988).

11. Plaintiffs request an expedited decision on their Motion for Preliminary injunction. If the court refuses to grant the Preliminary Injunction based on provided evidence, Plaintiffs are requesting the court to accept this pleading as a notice of an interlocutory appeal for an emergency relief.

 

Share

Comments

12 Responses to “I am working on this motion in Indiana. the word angry does not begin to describe my feelings about what is being done by judges”

  1. WAMPANOAG
    September 28th, 2012 @ 5:41 am

    If the courts would like to see a real case of “NATURAL BORN” they should regard the case of Gov Sarah Palin.

    Her 11th great grandmother, Margaret Ouigina, was the daughter of Chief Quadequina of the WAMPANOAGS (Massachusetts).

    Her uncle was the famous MASSASOITS whose statue graces the knoll in Plymouth Massachusetts. Quadaquina is the Wampanoag leader who is thought to have brought the first food and outreach of hospitality to the Pilgrims.

    His family became Christian, and Margaret married Gabriel de Wheldon, an English Pilgrim of Norman descent.

    Both Gov Palin and our beloved American RALPH WALDO EMERSON are descended from the daughter of this union of Native American and English Pilgrim, Catherine (“Catone”) Wheldon.

    The press and Obama himself touted his Kenyan and Indonesian experiences as “highly qualifying” him (while the former actually DISQUALIFIES him as it bestowed British Citizenship upon him …a Natural Born NO NO).

    By the same token, the press NEVER to anyone’s recollection showed how Sarah was connected to the Mayflower Pilgrims, the Wampanoag Nation, Massasoits, Quadaquina, or her cousinship to Ralph Waldo Emerson.

    The Statue of Massasoits above Plymouth Rock is surely shedding a tear that his great grand niece has been so vilified while a usurper has putative authority over land which once included his Native American nation!

  2. Authenticator
    September 28th, 2012 @ 6:23 am

    fb is reporting a totally different story…not that i believe them. If this is the case, then sincere info seekers hitting on their stuff are being lied to and drawing wrong, personal conclusions.

  3. George Castanza
    September 28th, 2012 @ 7:30 am

    Don’t forget to have mr Black sign off on it. Remember what the Judge said about following all the rules.

  4. The Phoenix
    September 28th, 2012 @ 11:02 am

    Wow, Orly! None of us knew this. From the explanation the judge gave, it appears to be a way of nicely saying: she doesn’t really want to help solve this?! I think you gave her plenty to rule on. Hang tough and don’t let them get to you!

  5. The Phoenix
    September 28th, 2012 @ 11:26 am

    And since these judges keep you from putting your witnesses on the stand, let me ask a question/make a statement: Would a (jury) trial do the job? It sounds like the public is more “in tuned” to your efforts than the establishment is?! Then, it’s just picking the right venue!

  6. Sam the Man
    September 28th, 2012 @ 1:29 pm

    Never stop Orly! Never let these people get you down! Never give up!

    They will do anything they can to thwart you. They will send you to the wrong city or the wrong courthouse or the wrong courtroom. It doesn’t matter. Just keep fighting.

    Remember, we only have 40 days left until its all over. Romney is running a weak campaign and his wheels are coming off. Newt would never have run such a shoddy campaign. He’s even losing Ohio, which has a large Mormon population.

    Arpaio and Zullo MUST step up to the plate and stand beside you, at last. No more dodging. No more time-wasting. If they don’t — then we must believe they have been bought off.

    Now the Kenyans are trying to defeat you by exhaustion. We can’t let this happen.

    You are to liberty as water is to a camel. Drink deep!

  7. George Castanza
    September 28th, 2012 @ 1:41 pm

    If judge Reid starts giving you a hard time, you should file to remove it to a federal court.

  8. George Castanza
    September 28th, 2012 @ 1:43 pm

    If judge Reid starts giving you a hard time, you should file to remove it to a federal court.

  9. dr_taitz@yahoo.com
    September 28th, 2012 @ 2:44 pm

    Federal courts are a part of the federal government, they are worse

  10. RestoreAmerica
    September 28th, 2012 @ 5:35 pm

    Is there any truth to what I am hearing about early voting has already started in IN, MS, and KS?

  11. Henry Tisdale
    September 28th, 2012 @ 6:08 pm

    Orly, I hope you received the copy of my email to Ann Romney. Right now, we must, with Ann’s help, convince Mitt that Obama is nothing more than a criminal. Once you describe for him your side of the picture, I think he will listen to your overall story. But the sending of Quarles Harris to that place, when the Republicans are still in control of Washington, is criminality of the lowest kind. And then to work with FBI Director Mueller to freeze any inspections of Harris ending up with a bullet hole in the back of his head, is in fact obstruction of justice.

    Now think of this, Orly. Number 1, if Romney does not defeat Obama, those of us trying to retain clean hands and pure heart, will have to wage civil war with Obama and whoever is willing to die for him. The fact they still vote for that bastard, tells me they have no guts at all, only stupidity, and would not dare pick up a rifle to defend him.

    No. 2, attempting again to unseat him through the judiciary is futile indeed. I think we all learned a lesson during Obama’s first term.

    No. 3, Enter our good friend, George Soros, who has just offered 1.5 million dollars to those who organize groups which will help Obama win the election. Hey if judges are willing to sell our sovereignty and our way of life, I believe 1.5 million bucks distributed in a group of 200 would still be enough to sell off anything American. We are not the great and wonderful nation you spent 4 years defending. Sorry, but that is true.

    Okay, so things don’t look good, But in my own opinion, I believe your meeting with Mitt Romney may be our best bet to send Obama packing. Consider this, My Captain, My Captain. Here you have a candidate for president on our side, which means he can ask any questions of Obama he considers damaging. Obama’s refusal to respond can be a means of showing nearly all Americans that Obama is indeed, the pathological liar, the president with many felonies swinging from his belt, etc. Moreover, Romney can easily read for him and millions of Americans, the truth. Your evidence will be very valuable, contrary to what we thought. But we must have the written evidence, such as the articles in the Washington Times which describes very well that Obama sent Harris to steal the application data for himself, Hillary and McCain, the later two being there to have the media not focus on Obama. But they both will be easy to show they have valid passports and there is no reason to request their passport application data.

    We could never have a court with this kind of openness. Do you agree? So please talk to Romney, and let him know what you went through in dealing with the courts. But as a presidential candidate, he may be much stronger than he thinks. Please, Orly, go get him and let him pay for the travel and lodging. Also, it just occurred to me, Donald Trump would be a good man to have there also on his own airplane.

    OKay, Dr. Taitz? Please let me know what you decide, Eh?

    Henry

  12. The Phoenix
    September 29th, 2012 @ 12:37 am

    Sam: don’t believe the minor polls. The main ones will give you a honest, truthful look at the real numbers! So don’t be conned by these biased pollsters! As Orly said: if the Rasmussen Group isn’t being threatened, the numbers would be glaringly bright for Romney!

Leave a Reply





*