5 hour marathon hearing against 5 lawyers. No decision yet. Judge Wingate ordered additional briefing on RICO and other issues


By: Dr. Taitz, Esq.

Nov.16th, 2012

It was a very long day and a very long hearing.

1. At the hearing Obama’s attorney Scott Tepper started with very arrogant remarks. He called all of my experts buffoons (It seems he considers Sheriff Arpaio, investigator Zullo, officer Sampson and everybody else buffoons).

Judge Wingate told him right away to stop this behavior and this language.

All 5 attorneys objected to me providing any evidence. I stated that they opened the door by stating that my whole case was conjectural.

Judge Wingate told them: why shouldn’t she provide evidence when you opened the door by claiming that it was all conjectural? So Onaka’s and Fuddy’s attorney, Mr. Dukes stated that he withdraws the objection.

One of the issues that  I brought was the fact that I am planning to sue the electoral college and seek DECLARATORY AND INJUNCTIVE RELIEF for electoral college to be enjoined from casting votes for Obama due to fraud and use of fraudulently obtained and forged IDs.

I brought the oral motion asking Judge Wingate to give me a leave of court to file a second amended complaint and bring the electoral college as an additional defendant. As far as I know it was never done in the U.S. history, nobody filed a legal actions against the electoral college, but then again nobody got into position of being on the verge of certification while using forged IDs. I  will need help in research as to how I serve the electoral college.

He took it under advisement and said that he will have an answer after the additional briefing. I have one week to brief several issues. My supporters can help me with research:

1. Judge Wingate wants a total of 3-5 pages. He wants short 1 sentence statements with names of all the people involved in this RICO to put Obama on the ballot with forged IDs

2. He wants the list of all predicate facts (meaning underlying crimes, such as forgery, fraud, conspiracy to commit forgery and fraud).

He wants briefing on statutes and precedents.

3. He wants all the statutes and precedents on whether the Secretary of State can de-certify, invalidate votes/results of election. He wants all precedents/statutes, whether he can issue declaratory/injunctive relief in invalidating votes/elections

4. He wants a brief on whether Onaka/Fuddy can be part of RICO, whether they can have mens rea/meaning malicious intent in light of the fact that they are state employees. Dukes stated  that they are just state employees doing their job, they cannot form a malicious intent.

My response was that they acted as both state employees and private individuals. He wants a brief showing whether in my complaint they were individuals as well, whether they were sued as individuals as well. Also, I brought a couple of precedence: one was Kasamayor, where state employees: police chief and the whole police department, who are state employees were convicted in RICO, they engaged in Racketeering and money laundering. There was another case out of AZ, where employees of the city of Tempe were sued in RICO

5. He wants precedent and statutes, whether misprision of felony can be a predicate fact in RICO, same with a situation where RICO conspirators engaged in systematic defamation of the victim in order to cause her an economic damage.

6. At first  Obama’s attorney Tepper stated that there is a case that says that misprision of felony cannot be a predicate crime, then he corrected himself and said that there is no such case.

7. On the issue of forgery of IDs, Tepper sad that in RICO there has to be a forgery of federal IDs, birth certificate is a state ID and SSN is not considered an ID. I responded that the U.S. passport is a secondary ID. It is based on primary IDs, such as birth certificate and SSN. If those are forged or fraudulently obtained, then the secondary ID is fraudulently obtained as well.

There are other issues. I am extremely tired. I will have to be up at 4 am. My flight leaves at 6 am.

I finally got my suit case. A bit too late. I called home and mentioned that I had to wear jeans to court, as I did not have my bag yet. One of my sons laughed:    ”Mom, you looked really classy!” Oh well, after  the whole computer system going down at United, my suit case missing  and a million other things, we are good. It’s Thanksgiving, some rest.

I will research all the issues. Let me know if you can come up with any  good precedents or statutes. Also, I would appreciate donations. I will have to fly to MS again. Just to give you an idea, just one flight was $800. On the way to MS I had to make 3 legs of the trip OC -Denver, Denver-Houston, Houston-Jackson. Hotel for 3 nights $300, it all adds up.