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Sunday, October 11, 2009

Orly TAITZ files 18 U.S.C. §1346: Intangible Rights Fraud—

Dr. Orly Taitz

Miscellaneous Filings (Other Documents)

8:09-cv-00082-DOC-AN Captain Pamela Barnett, et al v. Barack Hussein Obama, et al


Notice of Electronic Filing

The following transaction was entered by Taitz, Orly on 10/11/2009 at 12:57 PM PDT and filed on 10/11/2009
Case Name: Captain Pamela Barnett, et al v. Barack Hussein Obama, et al
Case Number: 8:09-cv-82
Filer: Cynthia Davis
Timothy Jones
Alan Keyes PhD
Pamela Barnett
Richard Norton Bauerbach
Robin D Biron
John D Blair
David L Bosley
Loretta G Bosley
Harry G Butler
Glenn Casada
Jennifer Leah Clark
Timothy Comerford
Charles Crusemire
Thomas S Davidson
Matthew Michael Edwards
Jason Freese
Kurt C Fuqua
Clint Grimes
Julliett Ireland
D Andrew Johnson
Israel D Jones
David Fullmer LaRoque
Gail Lightfoot
Lita M Lott
David Grant Mosby
Steven Kay Neuenschwander
Frank Niceley
Jerry ONeil
Robert Lee Perry
Harry Riley
Jeffrey Wayne Rosner
Jeffrey Schwilk
David Smithey
John Bruce Steidel
Douglas Earl Stoeppelwerth
Eric Swafford
Neil B Turner
Richard E Venable
Jeff Graham Winthrope
Mark Wriggle
Document Number: 84

Docket Text:
Request for judicial notice filed by Plaintiffs Clint Grimes, Julliett Ireland, D Andrew Johnson, Israel D Jones, Timothy Jones, David Fullmer LaRoque, Gail Lightfoot, Lita M Lott, David Grant Mosby, Steven Kay Neuenschwander, Frank Niceley, Jerry ONeil, Robert Lee Perry, Harry Riley, Jeffrey Wayne Rosner, Jeffrey Schwilk, David Smithey, John Bruce Steidel, Douglas Earl Stoeppelwerth, Eric Swafford, Neil B Turner, Richard E Venable, Jeff Graham Winthrope, Mark Wriggle, Alan Keyes PhD, Pamela Barnett, Richard Norton Bauerbach, Robin D Biron, John D Blair, David L Bosley, Loretta G Bosley, Harry G Butler, Glenn Casada, Jennifer Leah Clark, Timothy Comerford, Charles Crusemire, Cynthia Davis, Thomas S Davidson, Matthew Michael Edwards, Jason Freese, Kurt C Fuqua (Attachments: # (1) Affidavit Expanded affidavit by Susan Daniels)(Taitz, Orly)
8:09-cv-82 Notice has been electronically mailed to:

David A DeJute,

Gary G Kreep,

Orly Taitz

Roger E West,

8:09-cv-8 2 Notice has been delivered by First Class U. S. Mail or by fax to: :

The following document(s) are associated with this transaction:

Main Document
Original filename:C:\fakepath\Keyes request for judicial notice of title 18 -1346.pdf
Electronic document Stamp:
[STAMP cacdStamp_ID=1020290914 [Date=10/11/2009] [FileNumber=8584558-0
] [a7cbe4da84e9becb71cb0e1d46498646ab7fdd33961c22311437e9abe9b62246601
Document description:Affidavit Expanded affidavit by Susan Daniels
Original filename:C:\fakepath\Affidavit Susan Daniels.pdf
Electronic document Stamp:
[STAMP cacdStamp_ID=1020290914 [Date=10/11/2009] [FileNumber=8584558-1
] [3b18478039729bbe3e55246acf2ab178a981b4f4dc1091bfb218aa561ef704d5b79

Document description:

Dr. Orly Taitz, Attorney-at-Law

29839 Santa Margarita Parkway

Rancho Santa Margarita CA 92688

Tel: (949) 683-5411; Fax (949) 766-7036

California State Bar No.: 223433




Captain Pamela Barnett, et al., §

Plaintiffs, §


v. § Civil Action:


Barack Hussein Obama, § SACV09-00082-DOC-AN

Michelle L.R. Obama, §

Hillary Rodham Clinton, Secretary of State, § 18 U.S.C. §1346: Intangible

Robert M. Gates, Secretary of Defense, § Rights Fraud-Request for Judicial

Joseph R. Biden, Vice-President and § Notice that Individual Damages

President of the Senate, § Not Required in Public Sector

Defendants. § Mail & Wire Political Corruption

18 U.S.C. §1346: Intangible Rights Fraud—

Request for Judicial Notice that Individual Damages

Are not Required in Public Sector Mail & Wire Political Corruption

Come now the Plaintiffs with this Request for Judicial Notice that Individual Damages are not required in public sector mail & wire fraud relating to political corruption under 18 U.S.C. §1346, together with notice of filing expanded report by Susan Daniels.

During this Court’s hearing on October 5, 2009, the Court searchingly examined counsel for the Plaintiffs and Defendants regarding the sole threshold question of “standing.” Plaintiffs’ provided arguments of Flast v. Cohen taxpayer standing or else 9th Amendment reserved rights to Petition for Redress of Grievances concerning a clear violation of the Constitution’s clearly demarcated qualifications for the Presidency, as well as Oath taker standing per Allen v Board of Education and USA v Clark . l

Plaintiffs have, in the course of their investigations during the past year, accumulated a substantial amount of evidence concerning the Mr. Obama’s fraudulent manipulation of his own identity, and the legal identity of others. To this end Plaintiffs have previously submitted the Affidavit and Independent Investigative Report of Former Scotland Yard Inspector Neal Sankey and now submit the expanded Report of Ohio Private Investigator Susan Daniels.

These two private investigation reports, although slightly duplicative, show beyond reasonable doubt a pattern of manipulation of Barack Hussein Obama’s identity, employment, and residence information. The use of a multitude of social security numbers alone is indicative that Mr. Obama appears to have committed a substantial number of felony violations, including but not limited to violations of 42 U.S.C. §408(a)(7)(B). which shows dishonest political advantage during 2008 election. Plaintiffs submit again that “the American People Reserve the Right to know”. Furthermore, the examination and decipherment of the trail of deception so casually left by this successful candidate will (1) lead ultimately to discovery of the truth about his origins and citizenship, (2) reveal the nature of the scheme to defraud by which this Mr. Barack Hussein Obama became President, and (3) show the degree and nature of the collusion of other people and parties in the scheme of defraud leading to his election, including but not limited to the other Defendants.

The Plaintiffs have repeatedly alleged that the election of 2008 was procured by fraud. Acquisition of high public office by and through implementation of a scheme to defraud regarding material facts regarding a candidate’s qualifications and identity is a species of public sector fraud. Such a scheme to defraud is actionable by private parties under 18 U.S.C. §1346, in that each instance of the use of interstate wires or mail delivery facilities counts as an individual predicate act under Civil R.I.C.O., 18 U.S.C. §§1961, 1962(a)-(d), and 1964(c).

Plaintiffs request the Court to take note that the United States Congress’ express purpose in enacting 18 U.S.C. §1346 was to ensure that corruption by both (even paired) public and private sector defendants (such as Defendants Barack and Michelle Obama were from the Illinois Senatorial Election 2004-up-through January 20, 2009 individualized damages were not required to obtain convictions under 18 U.S.C. §1346. It logically follows that Civil RICO actions relating to public and private sector corruption which would utilize predicate acts of criminal violations of 18 U.S.C. §1346 could likewise be brought without proof of individualized damages or “standing” in the civil sense. Plaintiffs accordingly submit that the principles of prosecutions of public corruption based on 18 U.S.C. §1346 be applied to evaluate the standing of the Plaintiffs in the present above-entitled-and-numbered case Barnett v. Obama.

WHEREFORE, Plaintiffs request that this Honorable Court take Judicial Notice of the doctrine of the people’s intangible right to honest services based on 18 U.S.C. §1346, and consider the significance for the standing of the people to bring suit under Civil RICO (18 U.S.C. §1964(c)), that the criminal predicate acts for RICO which may be substantiated under this title do not require specific personalized injury to business or property interests. Accordingly, the people of the United States may sue for Civil RICO for the fraudulent denial of their intangible right to honest services without showing individualized specific injury, and this case should be allowed to go forward, albeit with Plaintiffs’ Second Amended Complaint allowed to be filed, and considered as a fundamental (complementary) element of citizen standing.

Respectfully submitted,

Sunday, October 11, 2009



Dr. Orly Taitz, Esq. (California Bar 223433)

Attorney for the Plaintiffs

29839 Santa Margarita Parkway

Rancho Santa Margarita CA 92688

Tel.: 949-683-5411; Fax: 949-766-7036



I the undersigned Charles Edward Lincoln, being over the age of 18 and not a party to this case, so hereby declare under penalty of perjury that on this, Sunday, October 11, 2009, I provided electronic copies of the Plaintiffs’ above-and-foregoing Request for Judicial Notice of Scheme to Defraud by Denial of the Intangible Right to Honest Services under 18 U.S.C. §1346 was served on all of the following non-party attorneys whose names were affixed to the “STATEMENT OF INTEREST” who have appeared in this case in accordance with the local rules of the Central District of California, to wit:



ROGER E. WEST (designated as lead counsel for President Barack Hussein Obama on August 7, 2009)



FACSIMILE (213) 894-7819

DONE AND EXECUTED ON THIS Sunday the 11th day of October, 2009.

/s/Charles Edward Lincoln, III

Charles Edward Lincoln, III

Tierra Limpia/Deo Vindice

c/o Peyton Yates Freiman

603 Elmwood Place, Suite #6

Austin, Texas 78705

Tel: (512) 923-1889

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