New case Supreme Court of California, emergency application to stay certification of votes in 2012 election

Posted on | November 3, 2012 | 17 Comments

Dr. Orly  Taitz ESQ

29839 Santa Margarita ste 100

Rancho Santa Margarita, CA 92688

Phone 949-683-5411 fax 949-766-7603

Orly.taitz@gmail.com

Counselor for the Plaintiffs

SUPREME COURT OF CALIFORNIA

Dr. Laura Roth, in her capacity as a candidate    ) Case #

For the U.S. President                                              )   Petition for Extraordinary Emergency Writ of

Dr. Orly Taitz, in her capacity as a candidate       ) Mandamus/ Stay of certification of 2012

for the U.S. Senate and a registered CA voter     ) election for the U.S. President and for the U.S. Senate

PARTIES

Dr. Laura Roth- Candidate for the U.S. President from American Independent party  in the primary election in the state of California. Dr. Roth lost her race within a very small margin

Dr. Orly Taitz ESQ Candidate for the U.S. Senate in the state of California in the primary election

Deborah Bowen-Secretary of State of California

LEGAL BASIS

Plaintiffs are seeking an emergency stay of the certification of the upcoming November 6, 2012 election for the U.S. President and for the U.S. Senate for two reasons:

1. Plaintiffs have uncovered one and a half million invalid voter registrations in the state of California

2  Evidence shows that one of the leading candidates for the U.S. Presidency, Barack Obama, is not qualified for office, as he is a citizen of Indonesia and is using a forged birth certificate, forged Selective Service Certificate and a Social Security number which was never assigned to him as a proof of his identity and eligibility  to the U.S. Presidency.

1. Supreme Court of California has original jurisdiction in Mandamus pursuant to article 6 section 10 of the California constitution, and will exercise that jurisdiction in appropriate cases when the issues presented are of great public importance and must be resolved promptly” (County of Sacramento v Hickman  (1967)66 Cal 2d 841, 845 (59 Cal Rptr. 609. 428 P. 2d 593), Mooney v Pickett (1971)4Cal 3d 669 675 (94 Cal Pptr.279.483 P2d 1231). If this criteria is satisfied, the existence of a alternative appellate remedy will not preclude this court’s original jurisdiction. (Cal civil writs (cont Ed Bar 1970)5.39p91; see action v Henderson 91957) 150 Cal App. 2d1 7 (309 P 2d m 4811).
2. The issue of one and a half million invalid voter registrations in the voter rolls of California represent an issue of great public importance. According to California elections statute 2150 in order for a voter registration to be valid, a perspective voter had to provide information in some eight areas, such as name, address, birth date, state, where he was born, evidence of prior voter registration and so on. Plaintiff Taitz requested from the Secretary of State Bowen an official DVD of voter rolls. She forwarded this DVD to several computer analysts. Plaintiffs  are attaching as an exhibit verified affidavit of a Computer engineer David Yun, who analyzed the voter rolls and found over  one and a half million invalid voter registrations in California, in violation of elections statute 2150. Mr. Yun found 756,213 records without a birth place, 685, 739 records where instead of a required name of the state of birth,  U. S. or U.S.A was entered, 141,861 possibly duplicate records, 130,019 records with birth date over 100, 757 records without a birth date, 898 records without a first name. Additionally, Exhibit 19 shows e-mails from Orange County and Los Angeles County, where employees of the Registrar’s office admit to falsification of voter data by entering date 1900, when there is no date or entering USA or US when the name of the state of birth is missing. Moreover, it was reported that the number of registered voters in California went up by over a million since the last Presidential election in 2008 and most of the increase came from on line registration. The problem with this, is that nobody checks voter IDs, when one registers on line, Secretary of State Bowen issued directives, where attendants at precincts are not allowed to check identifications at the precincts,  can lead to even more voter fraud, whereby the one and a half million invalid voter registrations might be only a tip of the iceberg. At any rate one and a half million invalid voter registrations are more than three times the margin of victory between Taitz and Elizabeth Emken, who advanced into the general election over Taitz and it is also much higher than the minuscule number of 600 votes separating Roth and Ed Noonan, who was pronounced the winner of the 2012 Presidential Primary from the American Independent Party.    For this reason alone there has to be a stay and purging out of the voter rolls all of the  invalid records.
3. An issue of legitimacy to the U.S. Presidency of Barack Obama, citizen of Indonesia usurping the U.S. Presidency with the aid of forged IDs and a stolen Social Security number, which was never assigned to him, is the number one issue in the nation in terms of its’ importance.
4. According to Article 1, section 2 of the U.S. Constitution U.S. President is supposed to be a natural born U.S. citizen
5. Millions of U.S. citizens wrote to their elected officials and Secretaries of State seeking confirmation of Obama’s eligibility.

On April 27, 2011 just 4 days prior to scheduled hearing in the 9^th Circuit Court of Appeals of a challenge Keyes, Barnett et al v Obama 09-56827 and 10-55084, brought by under signed counsel, Obama released, what he claimed a copy of    his original birth certificate. Within hours there was a mountain of evidence to show that the alleged copy of the birth certificate was a computer generated forgery, not a document created with a typewriter in 1961. Evidence will be discussed later.

1. In the last four years hundreds of desperate U.S. citizens filed legal actions in state and federal courts challenging Obama’s legitimacy for the U.S. Presidency. As of now  there was a systemic and egregious denial of 7^th amendment right to a jury trial on this issue of paramount importance to the nation. There was a systemic jury nullification. Judges presiding in Obama’s eligibility challenges routinely dismissed the cases based on technicalities. As of today not one single judge in the nation of 314 million people saw any original Identification papers for Obama. Obama’s original birth certificate is sealed, original application for Selective Service was never found and supposedly destroyed, his mother’s passport records prior to 1965 are claimed to be destroyed, immigration records for August 1961 are missing from National archives, his college records that could show citizenship in application and registration  are sealed, Student Clearing House shows him only 9 months in Columbia instead of claimed 2 years, E-verify and SSNVS show that he is using in his tax returns a Connecticut Social Security number xxx-xx-2225 which was never assigned to him.
2. After four years and hundreds of legal actions not one single judge or jury in the nation has seen the original application to the Social Security by Obama and ruled that he has a valid Social security number, not one single judge or jury saw an original birth certificate for Obama and ruled it to be genuine. The level of lawlessness and corruption in the highest echelons of power in relation to Obama’s forged IDs far exceeded   the Watergate by far.
3. Evidence of fraud and forgery in Obama’s records is as follows:
4. 1. Barack Hussein Obama (Hereinafter Obama) never provided any valid documentary evidence of his natural born status, which is required for one to be a candidate for the U.S. Presidency according to the Article 2, section 1 of the U.S. Constitution.
5. 12.                  2. Obama placed his candidacy on the ballot claiming to be a natural-born citizen based on forged identification papers. Exhibit 8 Affidavit of Ronald J. Polland PhD states “With my experience and specialization in digital and film imaging, my findings are conclusive, as outlined in exhibit “1”, that the PDF image submitted to the public by its posting on the White House website is a fabricated forgery created with the intention to defraud and disenfranchise the American People into believing that Barack Obama was a legal U.S. citizen and a fully qualified candidate for President.”
6. 3. A natural born citizen would be expected to have valid U.S. identification papers, such as a valid long form birth certificate and a valid Social Security number, lawfully obtained by presenting a valid birth certificate to the Social Security Administration and which can be verified through official U.S. Social Security verification services, such as E-Verify and SSNVS.
7. 4. The most glaring evidence of Obama’s lack of natural born status and legitimacy for the US Presidency, is Obama’s lack of most basic valid identification papers, such as a valid Social Security Number (“SSN”) and his use of a fraudulently obtained Social Security Number from the state of Connecticut, a state where he never resided, and which was never assigned to him according in part to SSN verification systems “E-Verify” and SSNVS. (Exhibit 7, 10  to Affidavit of elections challenge-affidavit of Linda Jordan and printout from E-Verify and SSNVS, showing that Connecticut Social Security used by Obama, was never assigned to him)
8. 15.                            4.       Reports from licensed investigator Susan Daniels (“Daniels”) show that for most of his life Obama used a Connecticut Social Security Number  xxx-xx-4425  issued in 1977, even though he was never a resident of the State of Connecticut. In 1977 Social Security numbers were assigned according to the state where the Social Security applications were submitted. The first three digits of the Social Security number assigned prior to 2011 signified a state, where an individual applied for his SSN and where it was issued. Obama is using a SSN starting with 042, which signifies the state of CT.  In 1977 Obama was nowhere near Connecticut, but rather a young student at the Punahoa school in Hawaii, where he resided. (Exhibit 15, Sworn Affidavit of Susan Daniels, attesting to the fact that Obama is fraudulently using a Connecticut Social Security number, which was never assigned to him)
9.           5.       Additionally, according to the review performed by licensed investigators Sankey and Daniels, and as publicly available, national databases revealed another birth date associated with this number, a birth date of 1890. In or around 1976-77, due to changes in the Social Security Administration, many elderly individuals who never had Social Security numbers before, had to apply for their Social Security numbers for the first time in order to obtain Social Security Benefits. It appears that the number in question was assigned to an elderly individual in Connecticut around March of 1977. The death of this elderly individual was never reported, and from around 1980 this number was fraudulently assumed by Barack Obama. (See Exhibit 15  attached hereto, Affidavit of Susan Daniels.)
10. 17.                            4.       Senior Deportation Officer from the Department of Homeland Security (“DHS”), Mr. John Sampson (“Sampson”) provided an affidavit attesting to the fact that indeed, according to national databases, Obama is using a Connecticut SSN even though there is no reasonable justification or explanation for such use by one who resided in Hawaii in and around the time the Social Security number in question was issued. (See Declaration of elections challenge, Exhibit 9, Affidavit of senior Deportation officer John Sampson, attesting to fraud in Obama’s SSN)
11. 18.                            5.       In 2010 Obama posted online on WhiteHouse.gov his 2009 tax returns. He originally did not “flatten” the PDF file thereof, so all the layers of modification of the file became visible to the public. One of the pages contained Obama’s full SSN xxx-xx-4425. Taitz received an affidavit from Adobe Illustrator program expert Mr. Felicito Papa (“Papa”) attesting to the fact that the tax returns initially posted by Obama contained the full Connecticut SSN xxx-xx-4425. While the file was later “flattened” and the SSN can no longer be seen, thousands of U.S. Citizens and individuals around the world were able to obtain the original file with the full SSN. (See Affidavit of Elections Challenge Exhibit 6 attached hereto, Affidavit of Felicito Papa.)
12.           7.       Taitz received an affidavit from a witness Linda Jordan (Hereinafter “Jordan”), who ran an E-verify check for the aforementioned Social Security number, which was posted by Obama on line as his number. According to E-Verify, there is no match between Obama’s name and the SSN he used on his tax returns and Selective Service application. (See Affidavit of elections challenge, Exhibit 7 attached hereto, Affidavit from Linda Jordan). Obama’s close associate, William Ayers, in his book Fugitive Days, admitted to creating over a hundred fraudulent Social Security Numbers using names of deceased infants who did not get their Social Security numbers before their deaths. As he states in Fugitive Days, “After the Baltimore fiasco, stealing ID was forbidden. Instead we began to build ID sets around documents as flimsy as a fishing license or a laminated card available in a Times Square novelty shop called “Official ID.” We soon figured out that the deepest and most foolproof ID had a government-issued Social Security card at its heart, and the best source of those were dead-baby birth certificates. I spent impious days over the next several months tramping through rural cemeteries in Iowa and Wisconsin, Illinois and North Dakota, searching for those sad little markers of people born between 1940 and 1950 who had died between 1945 and 1955. The numbers were surprising: two in one graveyard, a cluster of fourteen in another. Those poor souls had typically been issued birth certificates—available to us at any county courthouse for a couple of bucks and a simple form with information I could copy from the death announcement at the archive of the local paper—but they had never applied for a Social Security card. Collecting those birth certificates became a small industry, and within a year we had over a hundred. For years I was a paper-made Joseph Brown, and then an Anthony Lee, remarkably durable identities. My on-paper official residences: a transient hotel in San Francisco and a warehouse in New York.” William Ayers, Fugitive Days. Association and close friendship with Ayers is an additional indication and circumstantial evidence of Social Security fraud by Obama, and his lack of valid identification documents to prove not only natural born status, but any status for that matter. Additionally, two of Obama’s relatives, his aunt and uncle, who came from Kenya and are residing in the U.S. illegally, were able to obtains illegally Social Security numbers, which they are using to get housing and employment, therefore there is a pattern of Obama’s close associates and family member either manufacturing fraudulent Social Security cards and /or using fraudulent Social Security cards.

8.  For nearly three years after his inauguration Obama refused to provide to the public his long form birth certificate. On April 27, 2011, when Obama posted his alleged long form birth certificate online, just as with his tax returns, he originally did not flatten the file, which means that anyone with an Adobe Illustrator program on his computer could see layers of alterations in this alleged “birth certificate” which looked like a complete fraud and hoax.  Multiple long form birth certificates from 1961 are available. In those years green safety paper was not available and was not used. Other birth certificates, as one for Susan Nordyke, born the next day on August 5, 1961, in the same hospital, and signed by the registrar on August 11, 1961, show white paper with yellow aging stains, clear borders, raised seal and a lower serial number. (Exhibit 20) Obama’s alleged birth certificate is on a safety paper, which was not used in 1961, does not have a clear paper, no raised seal, and the serial number is higher than the numbers issued later by the same Registrar. See Exhibit 21. In July of 2012 Sheriff Joe Arpaio of Maricopa County, Arizona released results of his 6 months investigation. Arpaio released a sworn affidavit, attesting to the fact that Obama’s alleged birth certificate posted by Obama on line represents a computer generated forgery, additionally he found Obama’s Selective service certificate and Social security card to be forged. (See Affidavit of elections challenge Exhibit 1 Affidavit of Sheriff Joseph Arpaio attesting to forgery in Obama’s birth certificate, Selective service certificate and Social Security number )

1.           12.     According to the affidavit from Adobe Illustrator expert Papa (Affidavit of elections challenge Exhibit 5 affidavit of Felicito Papa attesting to forgery in Obama’s birth certificate), the released image digital file showed layers of alteration of the alleged birth certificate. It showed a signature of Obama’s mother, Stanley Ann D. Soetoro (her married name by her second husband), where it looks as though “Soetoro” was erased, whiten out and computer graphics used to add “unham Obama” and a signature “Stanley Ann Dunham Obama” was created by pasting and filling the blanks with computer graphics.

12. An affidavit from an elections clerk in Honolulu, Hawaii Tim Adams, who checked in both Honolulu hospitals and there are no birth records for Barack Obama in either of them. (Election challenge Exhibit 4 affidavit of Timothy Adams)

13.  Taitz received an affidavit from scanning machines expert Douglas Vogt. (“Vogt”) (See affidavit of Elections challenge Exhibit 2 hereto Affidavit of Douglas Vogt.) Vogt attests to further evidence of forgery, such as different colors of ink used. Some of the document shows as “gray scale” scanning, some as black and white scanning, and some as color scanning. It shows different types of letters and variations in kerning, meaning some letters are encroaching into the space of other letters which is possible only with computer graphics, not with a typewriter used in 1961. Numerous other parameters lead to the same conclusion, that the document in question is not a copy of a 1961 typewritten document, but a computer-generated forgery, created by cutting and pasting bits and pieces from different documents and filling in the blanks with computer graphics.

16.  Affidavit of Chris Strunk (Exhibit 14) shows that in Obama’s mothers passport records received by Strunk in response to his FOIA request submitted to the Department of State, Obama is listed under the name Barack Obama Soebarkah. There is no evidence of Obama ever legally changing his name.

17. Affidavit and an attached article of typesetting expert Paul Irey (Elections challenge exhibit 3 )  provide additional evidence of  forgery in Obama’s alleged birth certificate, as different parts of the document in question are typed using different fonts and sizes of letters and are cut and pasted from different documents. Irey, who has 57 years of experience in typesetting, typing, printing and over 20 years of experience in computer graphics, is stating that the alleged birth certificate is a computer generated forgery and that a document created by typing with a typewriter cannot have different spacing between letters, kerning, different shapes and sizes of letters and a white halo around letters and lines.

18. Exhibit 16 Cover page and page 31 of the transcript of March 25th 2010 session    of the assembly of Kenya contain part of the speech of minister of Lands of Kenya, James Orengo. In his speech Orengo clearly states that Obama was born in Kenya and not a native U.S. citizen.

19. Exhibit 17 represents Obama’s biography, which he submitted to his literary agent Acton Dystel, which was published in 1991 and was posted on the agency website until 2007, states “Barack Obama, first African-American President of the Harvard Law review, was born in Kenya and raised in Indonesia and Hawaii.” In 2007, when Obama started to run for the U.s. Presidency and decided that he needs to be born in the U.S. and needs to be a natural born U.S. citizen, the biography was scrubbed from the official web site of Acton Dystel, but was found in archives and on Wayback machine.

20.Additionally, in his school records in Indonesia Obama is listed under the name Soetoro and citizenship Indonesian (Affidavit of Elections challenge Exhibit 13 Obama’s registration in Assissi school in Jakarta Indonesia, showing him using his stepfather’s last name Soetoro and citizenship Indonesian ).   Exhibit 11 represents a DVD of the sworn testimony of witnesses Papa, Jordan, Sampson, Vogt, Strunk, Daniels, Taitz   attesting to fraud and forgery in Obama’s identification records during trial Farrar et al v Obama OSAH-SECTSTATE-CE-1215136-60-MALIHI in the administrative court of Georgia.

1.  All of the above evidence showed Obama to be using forged Identification papers and a social security number, which was never assigned to him. Aforementioned document show Obama’s citizenship to be Indonesian. There are no valid identification papers to show Obama to be a natural born U.S. citizen.

22. Obama is running for the U.S. Presidency in 2012 election committing fraud, claiming to be a natural born U.S. citizen, and using forged and fraudulently obtained IDs as a basis for his natural born U.S. citizen status.

23. Based on the above presented undeniable evidence candidate Obama lacks the constitutional requirements to become the U.S. President due to the fact that Obama is not a natural-born citizen of United States and was placed on the ballot by virtue of fraud, and his use of forged and fraudulently obtained identification documents.

24. Secretary of State of California is the state official, who has the ministerial duty of certifying results of elections and votes.

25. Supreme Court of California per Article 4, Section 10 of the California constitution can issue a Writ of Mandamus/ Stay  directing the chief state elections official to stay the certification of elections pending resolution of legal controversy.

26. Equitable remedy is warranted as economic remedy is not sufficient. Plaintiffs are candidates for the U.S. Senate and U.S. President and loss of election cannot be cured with economic damages. Plaintiffs are stating that they lost the primary election due to one and a half million invalid voter registrations in the State of California. They are improperly prevented from competing in the general election. Additionally, they are alleging that Candidate Obama is improperly allowed to compete in the general election, even though he is a foreign national, he is using a last name, which is not legally his and he is using forged/ fraudulently obtained identification papers as a basis of his identity. Plaintiffs have suffered and continue to suffer an undue hardship.

27. Secretary of State will not suffer any hardship if the Petition for a Writ of Mandamus/ stay is granted.

28.In balancing the hardships, the hardship suffered by the Plaintiffs outweighs the non-extant hardship to the defendant.

29. Granting Petition for Writ of Mandamus/ Stay is in Public Policy, as it will ensure integrity of elections and will protect the public from the elections fraud.

30. Precedent of McCarthy v Briscoe 429 US 1317, 97 S Ct 10; 50 L Ed 2d 49; 1976 U.S. Lexis 4129 states that a stay can be granted by a single justice to either add or remove a candidate.

31. Recent precedent of Miller v Campbell 3:10-cv-252 RRB U.S. District provided similar relief

“Therefore, for the reasons articulated above and by Defendants

in  their  Motion  to  Dismiss  for  Lack  of  Federal  Question Jurisdiction or in the Alternative to Abstain at Docket 17, which Plaintiff responded to at Docket 20, this matter is hereby STAYED so that the parties may bring this dispute before the appropriate State tribunal. The Court shall retain jurisdiction pursuant to Pullman and will remain available to review any constitutional issues that may exist once the State remedies have been exhausted. In order to ensure that these serious State law issues are resolved prior  to  certification  of  the  election,  the  Court  hereby conditionally GRANTS Plaintiff’s motion to enjoin certification of the election. If an action is filed in State Court on or before November 22, 2010, the results of this election shall not be certified until the legal issues raised therein have been fully and finally resolved.” id

Additionally, allowing Mr. Obama to be certified would violate   Califomia Electior Code S€ction 1203, which states “Anyone who files or submits for filing a nomination paper or declaration of candidacy that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the state for 16 months or two or three years or by both fine and impisonment” and Califomia Elections Code Section 18500 that stales, “Any person who commits fraud and person who aids or abets fraud or attempts to aid or abet fraud, in connection

with any vote cast to be cast  or attempted to be cast is guilty of a felony, punishable by imprisonment for 16 months or two or years”.

PRAYER FOR RELIEF

Wherefore Plaintiffs respectfully pray for:

1. stay of certification of results of the California election for the U.S. Senate pending resolution of primary election results and of one and a half million invalid voter registrations.

2. stay of certification of presidential election in California and certification of any and all votes for candidate Obama pending resolution of the issue of his legitimacy for the U.S. Presidency in light of his Indonesian citizenship, due to the fact that according to his mother’s passport records his last name is Soebarkah and he is seeking to become a U.S. President under a name that is not legally his and due to his use of forged IDs, specifically a forged birth certificate, forged Selective Service Certificate and a fraudulently obtained Connecticut Social Security number as proof of his identity.

3. cost, attorneys fees and any other relief court finds just and proper.

I hereby certify that foregoing is true and correct to the best of my knowledge  and informed consent.

Respectfully Submitted

/s/ Dr. Orly Taitz ESQ

11. 02.2012

Proof of Service

I, Lila Dubert, am not a party to this complaint, attest that I served a copy of the attached Petition  to Secretary of State of California at:

Kamala Harris

Attorney General of California

1300 I Street, Sacramento, CA 95814

Debra Bowen

Secretary of State of California

1500 11th Street

Sacramento, CA 95814

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