Order issued today to delay October 3 hearing pending full briefing of the court. The judge gave me 21 days, I probably will not need as long, but considering cases involving 8 Secretaries of state, Supreme Court of the U.S. and state and federal courts, I waned to make sure I have the necessary time and that the case will not be dismissed as late. I got a huge box with papers from the state to review and respond
Posted on | October 2, 2012 | 3 Comments
Obama Kansas ballot challenge delayed
Taitz bid for injunction delayed on question of legal standing
A Shawnee County district court judge has delayed indefinitely a hearing originally scheduled for Wednesday in a case where a California attorney seeks an emergency injunction blocking the state of Kansas from placing President Barack Obama’s name on the state’s November ballot.
The delay in the hearing, which could stretch out to close to or even after the Nov. 6 election, could ultimately render the issue moot.
Court filings show that District Court Judge Larry Hendricks, in a hearing last Friday with plaintiff Orly Taitz and attorneys representing Kansas Secretary of State Kris Kobach, delayed the scheduled Oct. 3 injunctive hearing indefinitely while addressing an issue of whether the plaintiff had legal standing in the matter.
Taitz filed suit in Shawnee County District Court on Sept. 20, initially saying she was representing Roger Walters, a registered voter in Kansas who claimed Obama was not legally entitled to be President of the United States.
Taitz later indicated her involvement in the suit was on a pro se basis, meaning she is representing only herself, according to Ryan Kriegshauser, a lawyer in the Secretary of State’s office.
Taitz’s suit, one of several she has filed in different states, claims the president has engaged in identity fraud in the use of forged identification papers, including a Connecticut Social Security number not issued to him, and is using a last name that isn’t legally his.
Taitz sued Kobach in his capacity as the state’s chief elections officer. Her suit was filed after she said she was denied a chance to present her case for Obama’s exclusion to the State Objections Board, a three-member group of state officials that on Sept. 17 ruled that the President’s name would be included on the Kansas ballot after an objection by a Manhattan man was dropped.
After initially setting an Oct. 3 hearing on Taitz’s request for an emergency injunction, Hendricks’ court on Sept. 26 received motions from Kriegshauser to stay the hearing and dismiss the case.
Court documents show a hearing on the defendant’s motion to dismiss was conducted Friday in a telephone conference. After hearing the parties argue their positions on the motion to dismiss, Hendricks ordered an indefinite continuation on the scheduled injunctive hearing, saying a determination of standing issue was yet to be addressed.
Hendricks offered Taitz an expedited opportunity to respond to Kansas’ concerns about her legal standing in the case, Kriegshauser said. But the California lawyer declined, saying she would likely need a full 21 days to respond. If she takes that long, and the state uses its full 14 days to respond to her arguments, an emergency hearing might not be conducted before the election, Kriegshauser noted.
Taitz, who asked to speak before the Objections Board at its Sept. 17 follow-up hearing, claimed Kobach and the board erred in allowing Manhattan resident Joe Montgomery to withdraw his complaint presented initially at a Sept. 13 hearing.
“The plaintiff, Mr. Joseph Montgomery, has stated he was intimidated, he was harassed (into withdrawing his objection),” Taitz said in an interview with The Capital-Journal. “In legal terms, what happened to him is duress. If he withdraws under duress, and this was a clear case of duress, his withdrawal is not valid. The secretary of state made a clear mistake in not recognizing he was under duress.”
Denied an opportunity to present her evidence about the President’s citizenship to the Objections Board, Taitz attempted to present her argument to media gathered outside the hearing room at the Statehouse. She was ordered to leave by security officers after she became involved in a heated argument with another man. The verbal confrontation continued outside on the Statehouse grounds.