Taitz v. Obama
754 F. Supp. 2d 57
D.D.C.2010Background
- Taitz filed a lawsuit seeking a writ of quo warranto to determine the President's eligibility for office.
- The court previously dismissed the first amended complaint on April 14, 2010.
- On June 18, 2010, the court denied Taitz's first amended motion for reconsideration under Rule 59(e).
- Taitz filed a second motion for reconsideration under Rule 60(b).
- The court denies the motion, addressing arguments on quo warranto, FOIA, standing, honest services, Commerce Clause, and related theories
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 60(b) relief is warranted for the quo warranto claims | Keyes/Lightfoot have standing; reconsideration warranted | Keyes/Lightfoot lack standing; amendment futile | Denied |
| Whether Rule 60(b) relief is warranted for FOIA claims | Requests misinterpreted; FOIA Exemption not applicable | Claims fail due to failure to exhaust and privacy exemptions | Denied |
| Whether new evidence supports standing | Sanction letter and new naming information establish injury | Sanction does not create causation/redressability; no new standing | Denied |
| Whether a new honest services claim is viable under Rule 60(b) | Sanction-related conduct constitutes deprivation of honest services | No basis to raise new claim under 60(b) | Denied |
Key Cases Cited
- Andrade v. Lauer, 729 F.2d 1475 (D.C. Cir. 1984) (only the Attorney General may bring quo warranto against public officials)
- United States v. Carmody, 148 F.2d 684 (D.C. Cir. 1945) (actions against public officials brought by private parties are improper)
- Twelve John Does v. District of Columbia, 841 F.2d 1133 (D.C. Cir. 1988) (Rule 60(b) and extraordinary relief standards apply)
- Good Luck Nursing Home, Inc. v. Harris, 636 F.2d 572 (D.C. Cir. 1980) (Rule 60(b)(6) relief limited to extraordinary circumstances)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing requires concrete injury and causation/redressability)
