Petition to Reopen FOIA SS-5 Case and Recuse Judge Hollandar Appointed by Obama

07/21/2014 08:10

by Orly Taitz

 

MOTION FOR JUDGE HOLLANDER TO REOPEN THE CASE AND RECUSE HERSELF AS SOON AS POSSIBLE UNDER 28 USC §455(a), (b)(5)(iii) DUE TO DIRECT ACTUAL CONFLICT OF INTEREST, WHICH WAS NOT DISCLOSED BY JUDGE HOLLANDER.  SECOND MOTION FOR RECONSIDERATION UNDER RILE 60 B

 

Plaintiff incorporates by reference all of the prior filings in this case, including, but not limited to, Second Amended complaint, First Motion for Reconsideration, Notice of Treason, filed previously.

 

STATEMENT OF FACTS

The case at hand was filed by Dr. Orly Taitz, ESQ. Plaintiff, seeking SS-5, Social Security application for Connecticut Social Security number xxx-xx-4425, which was assigned to Harrison (Harry) J. Bounel (ECF20, Second Amended Complaint and exhibits). Taitz provided the court with the report from Merlin information systems, which showed that the number was issued to Harry Bounel, as well as results of the 1940 Census, which showed that Bounel was 50 years old in 1940, whereby he was born in and around 1890. (ECF 20, ECF 20-6). Taitz provided the court with November 16, 2012 letter from SSA, which stated that SSA refused to provide Bounel’s SS-5, application for the Social Security number under USC 552 FOIA (Freedom of Information Act) due to privacy concerns.  (Complaint, First Amended Complaint, Second amended Complaint (SAC)).   According to 120 year rule of SSA, Social Security Administration had no right to claim privacy exemption for an individual born over 120 years ago and it had an obligation to release requested SS-5. (ECF 20)
 

At the same time Barack Obama posted his tax returns and did not flatten the PDF file. (ECF 20-3) The tax returns showed that Obama is using CT Social Security number xxx-xx-4425 of Harry Bounel. (ECF 20-3).  E-Verify and SSNVS are official government systems, setup to identify illegal aliens and identify individuals who are using stolen and fabricated Social Security numbers. Both E-Verify and SSNVS, showed that Barack Obama, aka Barry Soebarkah, aka Barry Soetoro is using a Connecticut Social Security, which was never assigned to him. (ECF 20-20-4. ECF 20-5). Further, Obama admitted that he was not able to sign up on line for Affordable Care Act insurance, aka Obamacare,  as on line exchange was not able to verify Obama’s identity based on the paperwork provided.
 

Plaintiff, Taitz, filed current action seeking SS-5, original paper  application for Connecticut Social Security number  xxx-xx-4425 which was assigned to Harry Bounel and which was later fraudulently assumed by Obama. Taitz provided a printout from SSA 120 year rule, which stated that SSA is obligated to release the SSN application for extremely aged individuals born over 120 years ago. Taitz argued that SSA fraudulently withheld this information.


SSA responded claiming that they cannot find the application in the computerized database. Taitz argued that November 2012 later stating that the record cannot be released due to privacy, indicates that the record exists and defendant commissioner of Social Security Carolyn Colvin and her Senior FOIA officer Dawn Wiggins are   either lying and defrauding the court and the whole nation by claiming that there is no record in the computerized system or the computerized record was recently falsified or spoliated. Further, Taitz demanded release of the original aforementioned paper record, SS-5 application for Social Security    xxx-xx-4425 and argued that computer record can easily be changed or deleted, however original paper record cannot be easily changed, as paper and ink tests of the record and other similar records created at the same time, can identify forgery.

Judge Hollander refused to order production of the original paper record, even though the hardship for SSA would be minimal in producing one paper record, while the hardship for Taitz and the rest of the nation in living under the occupation and usurpation of the U.S. Presidency by a foreign criminal with bogus IDs, is immense.


Recently Taitz read a decision by another Federal Judge, Judge Henry Wingate  in True the Vote v Hosemann 14-cv-00532 USDC Southern District of MS, where Judge Wingate recused himself in a case with a potential conflict of interest. (Exhibit 1 Order to Recuse himself by Judge Wingate in True the Vote v Hosemann). The case was brought by a public advocacy group, “True the vote”, which sued Senator Cochran and Secretary of State of MS, alleging elections fraud. Judge Wingate recused himself, as Senator Cochran recommended him to President Reagan for appointment for federal judgeship.


Plaintiff in this case, Taitz, decided to check who appointed Judge Hollander to the Federal bench and found out that Judge Ellen Hollander was appointed to the bench by Barack Obama, so if Judge Hollander were to order the release of the Social Security number in question and it would confirm that Obama is indeed committing fraud and asserting his identity based on a stolen CT Social Security number of Harry Bounel, Obama’s election would be rendered invalid, null and void and his appointment of Judge Hollander would be rendered null and void, as such Judge Hollander had not a potential, but an ACTUAL serious conflict of interest and had a duty to advise Taitz of this conflict of interest and had a duty to recuse herself from presiding over this case. Judge Hollander failed to disclose the conflict of interest and failed to recuse herself and covered up Obama’s use of a stolen Social Security number and covered up the usurpation of the U.S. presidency by refusing to order production of the original paper application for SSN of Harry Bounel, while knowing that it was fraudulently later assumed by Obama.


After Defendant, Acting Commissioner of Social Security Carolyn Colvin,  de facto committed treason and covered up Obama’s identity theft, fraud, Social Security fraud, Obama decided to repay her and reward her by appointing her to become the actual commissioner of Social Security and her nomination   is about to be confirmed by the Congress, which is an exigent circumstance justifying an expedited handling of this motion to recuse.
 

Further, lately Obama released the most dangerous Muslim terrorists from GITMO and is about to release more terrorists. This is a second fact justifying expedient reopening of the case and recusal of Judge Hollander, as the evidence of the fact shows that a foreign national, Barry Soebarkah, aka Soetoro, aka Obama, a Sunni Muslim citizen of Indonesia is aiding and abetting fellow Sunni Muslim terrorists by releasing them from GITMO and shipping them to friendly Sunni Muslim Qatar.(  ECF 40 MOTION to Expedite Motion for Reconsideration, MOTION to Forward to the Federal Grand Jury, Notice of Treason , ECF 20-10 ECF 20-19.)
 

Additionally,  Obama has signed DACA, a 2012 and 2014 memorandum staying deportation of minor illegals, which became a magnet for a flood, an invasion of hundreds of thousands of illegals. Obama is conducting and orchestrating assault on the US borders and the U.S. sovereignty by refusing to deport hundreds of thousands of illegals and he is busing them all over the nation and dropping them at bus stations and on the shoulders of overburdened communities. Additionally, based on reports by the U.S. Border Patrol and medical professionals, these illegals carry multiple infectious diseases and there are recorded outbreaks of Swine Flu, Tiberculosis, Measles, Bacterial Pneumonia, Scabies, Lice and others. Moreover, multiple gang members and suspected terrorists are crossing the US-Mexican border and the Obama regime is allowing them to travel all over this nation using commercial air carriers without any IDs. Obama is exposing this nation to the next 9/11 which makes production of the original IDs which he is fraudulently, using a necessity and an emergency. (Exhibit 2 Taitz v Jeh Johnson at al 14-cv-00119 USDC Southern District of TX).

 

ARGUMENT

 

JUDGE HOLLANDER WAS OBLIGATED TO DISCLOSE TO THE PLAINTIFF THE ACTUAL CONFLICT OF INTEREST
 

JUDGE HOLLANDER IS OBLIGATED TO REOPEN THE CASE, RECUSE HERSELF AND HAVE ANOTHER DISTRICT JUDGE, WHO IS NOT AN OBAMA APPOINTEE AND DOES NOT HAVE A CONFLICT OF INTEREST, REVIEW THE WHOLE CASE.


28 U.S. Code § 455 – Disqualification of justice, judge, or magistrate judge

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

(b) He shall also disqualify himself in the following circumstances:

(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;

(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;

(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

(i) Is a party to the proceeding, or an officer, director, or trustee of a party;

(ii) Is acting as a lawyer in the proceeding;

(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;

(iv) Is to the judge’s knowledge likely to be a material witness in the proceeding.