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MS Filed Suppleental Brief With Exhibits

MS Filed Suppleental Brief With Exhibits

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Case
3:'12-CV-00280-HTW-LM
Documont
73
Filed
11126112
Pagel
olT
Dr. Orly
Taitz,
ESQ29839
Santa
Margarit4
ste
100
Rancho
Santa
Margarita,
Ca
92688949-683-54
I
1,
fax
949-7
66'-7
603
orly.taitz@,gmail,com
PRO
SE
PLAINTIFF IN
MS
Dr.Orly
Taita
ESQ et
alDemocratic
Party
of
Mississippi
et
al
IN THE
US
DISTRICTCOURT
SOUTHERN
DISTRICT
OF
MISSISSIPPI
)
cAsE l2-cv-280
)
HON,
HENRY
WINGATE
)
PRESIDING
 
Case
3:1
2-0V-00280-HTW-LRA
Document
73
Filed
1
1
1261
12
Page
2 of
7PER ORDER OF
THE COURT
PIAINTIFF
SUBMITS THIS SUPPLEMENTAL
BRIEF
I.
PRECEDENT
ON
STAYING CERTIFICATION OF
ELECTION
1.
Originally this
case
was
filed
under
MS
code 23-15-961,
later
23-15-963.
Ori8inally
defense
stated
that
the
case
was
filed
1
day late,
however
above
statutes
do
not
specify calendar
days
or
business days
and
whether
mail
box rule
apply.
MSparalegalSandra
lnman
provided
an
affidavit
Exhibit
2
that
she
called
the
clerk
ofthe
court
and
was
instructedthat statute
specified
business
days,
which
explains
the
discrepancy.
Additionally
Defensejn
their
motion
to
dismiss
claimed
that
the
case
was
filed
too
early,
as
Obama was
not
nominated
yet.
He has
been
nominated now
and
the
case is
ripe
for
adjudication.
ln 2010
U.S.
District
Court
Judge Ralph
R.
Eeistline
ordered
a
STAY
of
CERTIFICAIION
of
ELECTION
RESULTS
by
the
Secretary
of
State
of
Alaska
of
the
resultsof
the
election
of
the
U,S.
senator
Lisa
Murkowskipendingresolution
of
constitutional violation
challengesin
a
legal action
Miller
v
Campbell
10-cv-O0252
-RRB
USDC
of
Alaska,
Aft€r
constitutional
challenges
were
resolved,
the
stay
was
lifted.
Based
on
thisp.ecedent,in
case
at
hand
a
STAY in
certification
of
election
results by
the
Secretary
of
State
and a
STAY
in
presenting
the
Certificate
of
tucertainment
to
the
Eledors
can
be
issued
a
Mccarthv
v.
Bris€oe
419
U-5.
1317,97S.Ct. 10,
50
L.Ed.zd
49
1976
Mccarthy
is
a
case coming
out
of
the
5th
Circuit.
U-5,
Sup.eme
Courtgranted
an
emergency
injunctjonand ordered
the
Secretary
of
State
of
Texas
to
ptace
on
the
battot the
name
of
an independent
candidate
forthe
U,5.
President
Senator
lvlccarthy.
Based
on
this
precedentthis
court
can
issue
adectaratory
retief
and
an
injunction
to
issuance
of
the Certificate
of
votes
for
Candidate
Obama
and
Certificate
of
Ascertainment
by
the
Secretary
of
state.
3.
Aside
from
ce.tifying
elections results
SECRETARY
OF
STATE
HAS
A
DUW TO
PRESENTACERTIFICATE
OF
ASCERTAINMENT
TO THE
ETECTORAL COLTEGE
on
the
first
Monday after
second Wednesday
in
December,
which
falls
on
December
17,2012-
As
this
court
has
jurasdiction
to
STAY
and
ENJOIN
cerlificationofelection
results,consequently
it
has
jurisdiction
to
enjoih
presentment
of
a
Certificate
of Ascertain
ment
to
the
electora
I
college.
c.
Duty
to
certill
the
Certificate
of
nomination.
Secretary
of
state
of
Mississippi Delbert
Hosemann
certifiedthe Certificate
of
Nomination of
Barack Obama
whichwas
provided
to
him
by
the
Nominating convention
of the
Democratic
Party.
The
certification
stated
"
WX
DO
HERIBYCERTII-Y
tlat
the
following
ale
the
nominees
ofsaid
Partl
for
President
and
Vice
President
of
the
United
States
resp€cti!€ly
and
that the
followingare
legally
qualified
to
sen€
as Prcsident and Vice
President
of
the United
States respectively
under
theapplicable
provisions
ofthe
United
States
Constitution:"According
to the(:lt!lep(
dj!
,t
Lar!
utrll
lltgtlrt1t,
rr)1.
7j
(NY:American
Iaw
Book
CoDpany,
r9o5),
pp.
S38339.When
the
authotitA
to
mo.ke
o
nomination
is
legallgchallenged
by
objectiotts
fled
to
the
certifcate
of
nomination,
and
uiolation or
disregard
of
the
party
rules
is
alleged,
the
court
musthear
the
facts
and
detefiine
the
quesfion.Plaintifl!
in
this
case,
among
lhem 3
PresidentialCandidale.
duly
registered
as
srrch,
challenged
the nomination
of
Barack
Obama
due
to
fraud
commitied
by
him
in
his claim
of
eligibility
and
his
use
of
forged
lDs,
namc
not
legally
his
and
a
stolen
Social
Security number
in
 
Case 3:12-cv-00280-HTW-LRADocument
73
Filed 11126112 Page
3
of
7
claiming
eligibility.
Addiiionally,
OCON
(ofncial
certification
ofcandidate)
was
falsificd
and
Certificadon
of
the
Ca4didate sent
by the
DNC
to
Secretary
of
State
wds
based
on
fraudulent
in
lormation.
tu
such
this court
can
issue
a
DECLARATORY
RELIEF
THAT
sECRETARY
OF
STATE
CERTIFIED
CANDIDATE
OBAMA
BASED
ON
INCORRECT/FRAUDULENT
INFORMATION
PROVIDEO
8Y
THEDNC
inits
Certification
ofthe
Candidate.
Based
on
such
decla.atory
reliefthis
court
can
renderinjunctiverelief.
II.
GOVERNMENTAI.
EMPLOYEES
CAN
SE
sUED
IN
RICO
FOR ACTIONS
TAKEN WHILE
HOLDING
PUBLIC
OFFICE
AND/ORMISUSE
OF
THEIR
PUBLIC OFFICE.
lnher
RICO
statement
p39
Taitz
expressly
clarified
that
Defendants are
sued
as
individuals
andalso
as
participants
in
RICO
enterprise.
Captionanddescription
ofthe
partieson
page
3
ofthe
FAC
show
that onlythe
Secretary
of State
is
being
sued
only
in
his
capacity
as
the
Secretary
of
State.
His
name
was
not mentioned.
ln regards
to otherplaintiffs,
theae was
no
statement
that
they
are sued
only
in
their
official
capacity.
They
were
named
by
their
personal
names. such
as
Alvin
Onaka and
Loretta
Fuddt
it
was
explained where
they
u,ork
and
how
they
are connected
to the
case
and it
was
explained
that they
are
RICO
defendants
as
individuals,
for
sctions
tiken
while holdingpublic
ofrice
and/or
misuse
oftheir
publicoflice.Nu-Lif'eConstr.
Co.
v.
NYC
Board
of
Education,
779
F.
Supp.
248(E.D.N.Y.
l99l)
.
Employees
of
the
Board
of
Education
of the city
of
New
York
were convicted
in
Civil
RICO
fo.
th€ir
actions in
their
capacity
as
employees of
the aity.
From
Laflamboyv. Landet.587
F-
Supp.2d
914
(N.D.
I11.2008):
"In
addition.public
officials
can
be held
individually
liable
for
actions
t|ken
wbile holdingpublic
offic€
and/or
misuse
oftheir
puhlicoffice,
See,
e.g.. United
States
v.
Warner,
498
F.id
666,
696
(7rh
Cn.
2001)
(atfirmingRICO
convicliol
of
fbrmer
lllinois
govcmor
based
on
activities defendart
was
scrving
as
Illinois
Secrctary
of
State and
Governor); United
States
v.
Dnrond,
935
F.2d
I5I
L
1512
(7th
Cir.
l99l)
(affinning
RICOconviction
of
village
manager
who
''used
his
official
position
as
Slrcamwood's village
manaSer
to
extortnroney from
persons
wilh
blsiness
belbre
thcvillagc
govemment.'').[Footnotc17.] Indced.
as
discussed
bclow,
the
Seventh
Circuil
has
held that
ccrtainviolarions
oflilinois'
Official
Misconduct
Statule.
specifically,
720
lLCS
5/ll-
3(d.).
which
applies
to
misconduct
committed
while
itr
office,
can constitute
a
RJCO
prcdic|tcrct.
See
ljnitcd
States
v.
Camer,
837
F.2d
1404,l419
(7rh
Cir.
1987);
see
also
Uniled
States
v.
Cenova.
333l:.3d
750. 758
(7lhCir.2003)
(720ILCS
s/ll-i(d)
"defines
a
species
of
bribery"
and
thus
violalions
conslitulepredicate
acts
lor
RICO
purposesl
violations
of720
ILCS
5/ll-3(c).
however.
do
not).P{blic
official5
were foundguilty
in
Civil
RICO
in bribery
see
Environmental
Tectonics v.
W.5. Kirkoatrick, lnc., 841
F.2d
1052.1067
l3d
Cir.19881,
BiererCompanv. Appellant.
v.
Beafla
Blomouist
987 F.2d
1319
fl53
(8th
Circuit)
"...Were
we
toaccept
the
districl
court's analogy
to
Williamson,
the application
of
civil
RICO in
cases
of
publiccorruption
would
appear
to
be
restricted
to
those
cases
in
which
a
plaintiff
suffers
a
taking
because
of
bribery or the
like.
We
find no
support
for
restricting
RICO'S
application
in

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