Orly Taitz motions to move Barnett vs. Obama to D.C. Court
Also read Orly Taitz - Motion to Transfer Carter Case to Judge Lamberth in Washington DC
SEEKS TO JUMP-START QUO WARRANTO CASE IN CAPITAL
by John Charlton
© 2009/2010
Dec. 25, 2009) — Today, Dr. Orly Taitz, esq., publicly announced that she filed yesterday a Motion to request a hearing in the Federal Court of Santa Ana, California, to seek to move the case Barnett vs. Obama to the District Court of Washington, D.C., which has original jurisdiction over cases which seek by a writ of quo warranto to test the legitimacy of federal office holders.
Judge David O. Carter, who has shown himself to be very deceitful and conniving in the present legal action — in that he made promises he did not keep, and hired a legal clerk who is tied to the defendants — ruled against the Plaintiffs on Oct. 29th.
Dr. Taitz’s has previously attempted to save the legitimacy of her plaintiff’s case by filing a Motion for Reconsideration and a Motion for Clarification. In the first action, Carter refused to reconsider the injustice of his ruling; in the second he ignored the legal defect of his ruling (in that it did not dismiss the case) and ex post facto, declared that it did; he also further dismissed it with prejudice to prevent the plaintiffs from ever seeking justice in any federal court.
The present motion attempts to salvage that part of the case wherein Judge Carter said he did not have jurisdiction, and which, thus, ostensible has not been dismissed with prejudice: the quo warranto complaint, which Carter claims can only be heard in the District Court of Washington, D.C..
Dr. Orly Taitz’ new motion reads as follows:
All the parties in the above caption case are hereby notified of the motion hearing to be held on January 25, 2010, at the Central District Court of California, Santa Ana Division, Judge Honorable David O. Carter, 411 W 4th str. Courtroom 9D, Santa Ana, California, Ronald Reagan Federal Building. Motion to be heard is the Motion to transfer the above captioned case to Honorable judge Royce Lamberth, chief judge of the US district court for the district of Columbia
MOTION FOR TRANSFER OF THE CASE TO THE HONORABLE ROYCE LAMBERTH CHIEF JUDGE OF THE US DISTRICT COURT OF THE DISTRICT OF COLUMBIA
Pursuant to local rule 7-4 prior to making the motion below the undersigned attorney contacted the US attorneys office for the Meet and Confer conference and got a response from the assistant US attorney David DeJutte via e-mail on 12.23.09.
Here come all the plaintiffs in this case aside from Willey Drake and Markham Robinson represented by Mr. Kreep and state the following:
1. During the October 5 motion hearing pursuant to the motion to dismiss due to lack of jurisdiction, the moving parties, the assistant US attorneys DeJutte and West have argued that they believe that the proper jurisdiction for this case is the District of Columbia.
2. On October 29 this case was dismissed for want of jurisdiction only and was never heard on the merits, as this court noted in the above order that the proper jurisdiction is the District of Columbia court.
3. 28 US Chapter 87 §1391 (b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
4. 28 US Code Chapter 87 §1404 (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
5. In the interest of judicial economy, for the convenience of parties and witnesses, in the interest of expedient resolution of this case of National importance for “We the People of the United States of America”, in the interest of the National Security and in the interest of Justice, the undersigned counsel respectfully moves the court to transfer this case to Honorable Judge Royce Lamberth, chief judge of the US District Court for the District of Columbia, for the case to be heard on the merits as soon as possible.
Dr. Taitz maintains a website at http://www.orlytaitzesq.com/ and is actively seeking donations to cover the legal expenses of this trial.
An election for President and Commander in Chief of the Military must strive to be above reproach. Our public institutions must give the public confidence that a presidential candidate has complied with the election process that is prescribed by our Constitution and laws. It is only after a presidential candidate satisfies the rules of such a process that he/she can expect members of the public, regardless of their party affiliations, to give him/her the respect that the Office of President so much deserves.
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