Federal Judge to Birthers: Get This Weak Crap Outta Here

[Sharpe]

So the Federal Judge in the case in George filed by Birthers attemtping to obtain a judicial finding against President Obama just dismissed the case in its entirety. Sadly, I don't have a news summary link handy, but here's a link to the published opinion (http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.77605.13.0.pdf)

I mention this not just because of the legal impact but also the overwhelming smackdown the Judge lays on the Birthers in this document. Given my attitude on the Birthers, this Dismissal brings a tear to my eye :O.

Here is a choice bit:

After conducting a hearing on Plaintiff’s motion, the Court finds that Plaintiff’s claims are frivolous. Accordingly, her application for a temporary restraining order (Doc. 3) is denied, and her Complaint is dismissed in its entirety. Furthermore, Plaintiff’s counsel is hereby notified that the filing of any future actions in this Court, which are similarly frivolous, shall subject counsel to sanctions. See Fed. R. Civ. P. 11(c).

That's not just a "get this weak crap outta here" finding, it's actually a "this crap is so weak, if you try this again I'll beat the piss out of you" finding. I don't think I've ever seen a Judge lay it down quite like that. It's beautiful.

I wonder if the Birthers will appeal this. If they do, I can only hope for similiar smackdowns at the appellate level.

[Kraaze]

Haha, awesome.

[Talisker]

Finally, in a remarkable shifting of the traditional legal burden of
proof, Plaintiff unashamedly alleges that Defendant has the burden to
prove his “natural born” status. (Id. ¶¶ 136-138, 148.) Thus,
Plaintiff’s counsel, who champions herself as a defender of liberty
and freedom, seeks to use the power of the judiciary to compel a
citizen, albeit the President of the United States, to “prove his
innocence” to “charges” that are based upon conjecture and
speculation. Any middle school civics student would readily
recognize the irony of abandoning fundamental principles upon which
our Country was founded in order to purportedly “protect and
preserve” those very principles.
Ouch :)

Unlike in Alice in Wonderland, simply saying something is so does not make it
so.
How often do you see smackdowns like this in judicial opinions?

[ReptileHouse]

Ouch :)


How often do you see smackdowns like this in judicial opinions?

Not nearly often enough.

This is good stuff. :)

[Kael]

District Judge Clay Land, I salute you.

[krise madsen]

Ouch :)


How often do you see smackdowns like this in judicial opinions?

How often are judges faced with cases made up of complete and utter stupid?

[Kael]

How often are judges faced with cases mad up complete and utter stupid?

Every day.

[Sharpe]

Also, just to address any issues of partisan bias, Judge Clay Land was a George W. Bush appointee, and a former 3 term Republican State Senator from Georgia. Here is a link to his official bio (http://www.gamd.uscourts.gov/divisions/Landbio.pdf) from the court. So he's a George W. Bush appointee AND a Republican politician from a very very red state. Not that that will stop the Birthers from screaming hes a biased liberal :O.

[YouWho]

Also, just to address any issues of partisan bias, Judge Clay Land was a George W. Bush appointee, and a former 3 term Republican State Senator from Georgia. Here is a link to his official bio (http://www.gamd.uscourts.gov/divisions/Landbio.pdf) from the court. So he's a George W. Bush appointee AND a Republican politician from a very very red state. Not that that will stop the Birthers from screaming hes a biased liberal :O.
Of course not. It didn't stop them from saying the same thing about Judge Jones (http://en.wikipedia.org/wiki/John_E._Jones_III) (also a Bush appointee) after he brought the smackdown upon the heads of Dover creationi-, er, intelligent design proponents.

[Glenn]

Just warning about about a Rule 11 sanction, as opposed to actually sanctioning them, was actually the action of a judge going really, really easy on them. It's a blatantly frivolous claim, they don't have standing, they should be sanctioned, and I'm guessing most judges would have.

[DragonPup]

Haha, the birthers are now forced to pay legal expenses.

[Podunk]

Thanks, this pretty makes my afternoon. Pure poetry in that published opinion.

[Rasputin]

Over on TPM, Orly has claimed that Judge Land should be tried for treason (http://tpmlivewire.talkingpointsmemo.com/2009/09/birther-orly-taitz-compares-self-to-mandela-judge-treason.php).

I <3 Orly Taitz.

[Sharpe]

So Orly Taitz of course blasts the Judge (http://tpmlivewire.talkingpointsmemo.com/2009/09/birther-orly-taitz-compares-self-to-mandela-judge-treason.php?ref=fpblg) as expected.

Here's a few of her statements:

somebody should consider trying [the judge] for treason and aiding and abetting this massive fraud known as Barack Hussein Obama.

Not every judge is as corrupt as Judge Land. Some judges believe in the Constitution. And some judges believe in the rule of law.

Judge Land is a typical puppet of the regime -- just like in the Soviet Union,

Wow. That's.... pretty damn crazy. It appears that Taitz is the plaintiff's lawyer in this case so I think she just stepped in a vast pile of shit. Maybe she wants to be a martyr but she may well lose her law license.

[Pogo]

http://www.wnd.com/index.php?fa=PAGE.view&pageId=109242
A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution.

[ReptileHouse]

http://www.wnd.com/index.php?fa=PAGE.view&pageId=109242

The motion for dismissal for that case is being heard on Oct 5. Anything's possible, but I'd be pretty shocked if it got past that.

"Carter ordered a hearing Oct. 5 on the motion to dismiss"

[NoWayJose]

Ouch :)


How often do you see smackdowns like this in judicial opinions?
It happens (http://www.nytimes.com/2009/08/31/nyregion/31judge.html?_r=1&scp=1&sq=Brooklyn%20judge%20foreclosures&st=cse).

[Eric T Cheng]

Wow. That's.... pretty damn crazy. It appears that Taitz is the plaintiff's lawyer in this case so I think she just stepped in a vast pile of shit. Maybe she wants to be a martyr but she may well lose her law license.

Didn't Jack Thompson lose his license because he kept filing frivolous claims?

[Eric T Cheng]

The Chief Trial Counsel of the State Bar of the State of California has filed a complaint against Orly Taitz seeking her disbarment (http://countryfirst.bravehost.com/phpBB3/download/file.php?id=440&sid=98066353dea19687f21ae2f1df6e42d5).

[Nellie]

heh, I thought birthers were another anti-abortion group. There's really a bunch of people trying to go through the court system to annul (or whatever you do to a serving president) Obama's presidency on the basis that he's not American?

Wow.

[Preachy Preach]

Legal judgements can be fun.

Having heard and closely observed Mr Wall during the course of this trial, I entirely agree with Judge Pelling's assessment of him as "dogmatic", "self-righteous" and (but without any qualification) "profoundly irritating". Earlier (at paragraph 74), Judge Pelling had described Mr Wall as someone who asserts his rights "in a way which can appear, to some at least, as arrogant, officious and self-righteous". Again, I agree with that assessment. Carnwath LJ referred (at paragraph 3 of his principal judgment) to Mr Wall's "enthusiasm for legal research and his anxiety to advance his case on as many fronts as possible". Again, I concur with that assessment. One example of Mr (and Mrs) Wall's enthusiasm for research appears from the photograph at 3/849. This is nothing to do with the properties in the present dispute, but shows 36 Chatham Street, Colne, the servient property in Young v Brooks [2008] EWCA Civ 816, decided on 22nd May 2008, and one of the many cases unearthed by Mr and Mrs Wall's researches. This photograph was apparently obtained by Mrs and Mrs Wall, and included by them within the trial bundles, after they had contacted the dominant landowners (and successful appellants) in that case. Indeed, Mr Wall told me that he had taken hundreds, if not thousands, of photographs in order to prove his case. However, in my judgment, these earlier assessments of Mr Wall by Judge Pelling and Carnwath LJ considerably understate the problems that he presents to his neighbours.

At times, I found the content of Mr Wall's evidence to be both confused and confusing. However, I have no doubt that he is both self-opinionated and thoroughly unreasonable to an extent bordering on the paranoid. He is pernickety to the point of obsession; he sees matters entirely his own way; and he makes mountains out of molehills. He is obsessed by his dispute with the defendants; and he construes any action by them as motivated by hostility towards himself and his wife. In short, Mr Wall is thoroughly exasperating; and he must be a nightmare to live next to. A few examples should suffice.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2009/2100.html&query=bolton&method=boolean

[Sharpe]

The Chief Trial Counsel of the State Bar of the State of California has filed a complaint against Orly Taitz seeking her disbarment.

Just to clarify, the Chief Trial Counsel of the State Bar of CA, intake department, has *received* a complaint seeking disbarment, from an anonymous complainant. The complaint is asking the State Bar to investigate Ms. Taitz. The State Bar has not as yet taken any action.

That said, I think what Ms. Taitz has done goes way beyond the pale, especially yesterday's comments. I wouldn't be surprised if the State Bar ends up disciplining her, but that's a process which can take months.

[unbongwah]

Didn't Jack Thompson lose his license because he kept filing frivolous claims?
He was permanently disbarred by the Florida Supreme Court last year (http://kotaku.com/5054772/jack-thompson-disbarred).

[Sharpe]

The amazing Ms. Taitz appears not to have heard of the old saying "when you are in a hole, stop digging!" (http://www.talkingpointsmemo.com/documents/2009/09/judge-to-orly-taitz-why-shouldnt-i-fine-you-10k.php?page=1&ref=fpblg)

The Judge has now issued an order to show cause why she shouldn't be fined $10K :O. Beyond, this second finding by the Judge is just as well written as the first.

At some point, the legal refs need to call this one, before somebody gets knocked into a legal coma. It ain't pretty.

[Joe M.]

No, don't take our Orly away!

[Lorini]

Where is it written that a President has to present sufficient evidence that he or she is a natural born American citizen to anyone who asks? Curious.

[Kraaze]

The amazing Ms. Taitz appears not to have heard of the old saying "when you are in a hole, stop digging!" (http://www.talkingpointsmemo.com/documents/2009/09/judge-to-orly-taitz-why-shouldnt-i-fine-you-10k.php?page=1&ref=fpblg)

The Judge has now issued an order to show cause why she shouldn't be fined $10K :O. Beyond, this second finding by the Judge is just as well written as the first.

At some point, the legal refs need to call this one, before somebody gets knocked into a legal coma. It ain't pretty.

Thanks for the link, that was a fantastic smackdown.

[Murbella]

Where is it written that a President has to present sufficient evidence that he or she is a natural born American citizen to anyone who asks? Curious.

Probably the same place it is written that you can be pulled over for Driving While Black.

[Eric T Cheng]

The amazing Ms. Taitz appears not to have heard of the old saying "when you are in a hole, stop digging!" (http://www.talkingpointsmemo.com/documents/2009/09/judge-to-orly-taitz-why-shouldnt-i-fine-you-10k.php?page=1&ref=fpblg)

The Judge has now issued an order to show cause why she shouldn't be fined $10K :O. Beyond, this second finding by the Judge is just as well written as the first.

At some point, the legal refs need to call this one, before somebody gets knocked into a legal coma. It ain't pretty.

Damn. I read through all seven pages of how Judge Land, in minute details, rips her apart and spits on her corpse in legal terms. I love the fact that he had added a footnote acknowledging that Orly is a leader in the "birther movement."

[Destarius]

"competent counsel would have understood that the Court was required to address abstention..."

Ah, nothing like a snarky judge.

[Talisker]

If a judge orders sanctions, can the sanctions be appealed? I love the thought of Orly moving steadily up the chain, successively pissing off each level of appellate judges enough to rack up ever increasing fines and punishments as she goes.

(I'm guessing the direct threat to her own wallet would prevent that, but who knows, she might be batshit enough)

[Joe M.]

Orly says she will continue fighting the good fight:

http://www.dailykos.com/story/2009/9/20/784499/-Orly-Taitz-to-Continue-Battle-with-Judge-Land

Good news for those of us who can't get enough of the crazy.

[Jonathan Crane]

Orly says she will continue fighting the good fight:

http://www.dailykos.com/story/2009/9/20/784499/-Orly-Taitz-to-Continue-Battle-with-Judge-Land

Good news for those of us who can't get enough of the crazy.

Great fund raising opportunity for her, I think.

[Raife]

I wouldn't be surprised if political opponents gave her money just to let her more thoroughly hang herself.

[Jonathan Crane]

I wouldn't be surprised if political opponents gave her money just to let her more thoroughly hang herself.

If her goal is to be taken seriously, I would agree. If, on the other hand, you can raise 500K to pay a 10K fine, that seems like not a bad way to make a living, in an Andy Kaufman sort of way.

[Joe M.]

A lawyer, dentist, real estate agent AND political fund raiser. Is there nothing this woman can't do?

[Raife]

If her goal is to be taken seriously, I would agree. If, on the other hand, you can raise 500K to pay a 10K fine, that seems like not a bad way to make a living, in an Andy Kaufman sort of way.

Except that it's hard to enjoy that money if you're in federal prison.

[Eric T Cheng]

A lawyer, dentist, real estate agent AND political fund raiser. Is there nothing this woman can't do?

Finding the real birth certificate.

[bago]

It's gone Infomercial (http://tpmtv.talkingpointsmemo.com/?id=3497080)!!!

For the low low price of thirty dollars we'll send a fax and send you a bumper sticker!

[pogozorro]

That was hilarious. The infomercial looks like a remix tape, or like everyone is from a Max Headroom episode.

The editing, beyond the absolute batshit insane diatribe, makes me die inside a little faster.

[bago]

The editing was to get it down from the full 30 minute length.

[pogozorro]

You mean they actually stretched it out beyond the six minutes? Egad. They were repeating themselves pretty heavily already.

[unbongwah]

WaPo article on Orly Taitz (http://www.washingtonpost.com/wp-dyn/content/article/2009/10/05/AR2009100503819_pf.html), which is still the best name on the Internet.

[Talisker]

She's been fined $20,000 (http://tpmmuckraker.talkingpointsmemo.com/2009/10/judgement_day_birther_taitz_fined_20000_for.php?re f=mblt). And she says she's not going to pay it (http://tpmmuckraker.talkingpointsmemo.com/2009/10/birther_orly_taitz_responds_to_judges_20k_fine_sho .php).

Hope she enjoys hearing from the US Attorney once it's referred his way :)

[Guido Jones]

My favorite part is where she argues for him to recuse himself because he has Microsoft and Comcast stock. I wish I was making that up.

[Eric T Cheng]

My favorite part is where she argues for him to recuse himself because he has Microsoft and Comcast stock. I wish I was making that up.

How are those stocks relevant to her case?

[Talisker]

My favorite part is where she argues for him to recuse himself because he has Microsoft and Comcast stock.
what




She seriously hurts my brain, because I try to figure out how she's thinking what she's thinking, and *ow*

[Guido Jones]

How are those stocks relevant to her case?

Her claim was that removing Obama would cause a financial meltdown that was thus bring those two companies down. Again, wish I was joking.

And actually my favorite part is this footnote from his opinion:

...The Court has actually received correspendence assailing its previous order in which the sender, who, incidentally, challenged the undersigned to a "round of fisticuffs on the Courthouse Square," asserted that the President is not human.

You should read the whole opinion. The Microsoft/Comcast claim is probably the funniest, but her claims include that Judge Land had an Ex Parte communication with the Justice Department because she had someone provide an affadavit that they saw someone who looked like Attorney General Holder in a coffee shop across the street from the courthouse.

[The Bitter Cynic]

A lawyer, dentist, real estate agent AND political fund raiser. Is there nothing this woman can't do?

Behave like a sane person.

[Anaxagoras]

She seriously hurts my brain, because I try to figure out how she's thinking what she's thinking, and *ow*

I love this post. I'm right with Talisker, trying to figure out the crazy lady's mind, when all of a sudden *ow* happens.

*ow*

[Blackadar]

I love this post. I'm right with Talisker, trying to figure out the crazy lady's mind, when all of a sudden *ow* happens.

*ow*

Just remember the cardinal rule. You don't stick your dick in crazy.

[AlanT]

Orly isn't taking her fine lying down: http://www.mcclatchydc.com/251/story/77594.html

[Morberis]

Perhaps she can try to pay with a picture of a spider (http://www.geekologie.com/2008/11/good_idea_man_submits_drawing.php)?

[Destarius]

She's been fined $20,000 (http://tpmmuckraker.talkingpointsmemo.com/2009/10/judgement_day_birther_taitz_fined_20000_for.php?re f=mblt). And she says she's not going to pay it (http://tpmmuckraker.talkingpointsmemo.com/2009/10/birther_orly_taitz_responds_to_judges_20k_fine_sho .php).

Hope she enjoys hearing from the US Attorney once it's referred his way :)

@ p20 "The Court makes no apology for the tone of its previous orders. They were direct and strong but apparently not strong enough"

@ p27 "Or perhaps an eccentric citizen has become convinced that the President is an alien from Mars, and the courts should order DNA testing to enforce the Constitution".

Oh, I so <3 me a good judgment. This is SOOOOO full of legal smackdown goodness.

[Sharpe]

So Ms. Taitz just had yet another Birther case thrown out of court. (http://tpmmuckraker.talkingpointsmemo.com/2009/10/judge_dismisses_taitz_birther_suit.php?ref=fpblg) Here is a link to the full opinion. (http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD)

This judge focuses more on the legal standing and justiciability issues but he comes down just as hard as the judge in the earlier dismissed case. Also, the Judge makes a pretty strong argument that Taitz was not just a weak advocate for her case but her idiocy and grandstanding actually hurt her position. I can't cut and paste from the PDF but take a look at page 28 of the full opinion under section "F. Conduct of Plaintiff's Counsel" (Note to the laymen here, when there is a separate section in a court opinion focusing on the conduct of a lawyer, it's usually not a good thing. Not even a little bit.)

I'm really hoping that Taitz is disbarred soon. This is now beyond just finding her arguments worthless: shes an active embarrassment to the California bar.

[Talisker]

(Note to the laymen here, when there is a separate section in a court opinion focusing on the conduct of a lawyer, it's usually not a good thing. Not even a little bit.)
As a layman, I'm guessing that "the Court has received several sworn affidavits that Tait asked potential witnesses that she planned to call before this Court to perjure themselves. This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court" isn't exactly something you ever want to read about yourself.

[salwon]

Clearly these judges are part of the conspiracy. How's her dentistry business going?

[Calistas]

At least you'd always have some interesting stories to hear while you lay in the chair, fearing for your orthodontic life.

[Destarius]

At least you'd always have some interesting stories to hear while you lay in the chair, fearing for your orthodontic life.

Especially as she gets angrier and angrier talking about it as she works those pliers inside your mouth. =O

[John Many Jars]

I fucked 'er. (They oughta call her Orally Taintz.)

[foogla]

I fucked 'er. (They oughta call her Orally Taintz.)

great post brah, smoke weed erry day

[Anti-Bunny]

I fucked 'er. (They oughta call her Orally Taintz.)

http://www.faithmouse.com/dr_orly_taitz_pancake_birther.jpg

[MatthewF]

CANNOT UNSEE

[AlanT]

What the hell is she supposed to be holding in that?

[Podunk]

Please, for the love of all that is holy, DON'T ANSWER THAT QUESTION

[milo]

I think it's the new Carl's Jr. Chicken Parm sandwich.

[Anti-Bunny]

A pancake, duh.

[Case]

And the thirty days has passed, and Orly Taitz still hasn't paid her fine (http://www.salon.com/politics/war_room/2009/11/13/taitz/index.html?source=rss&aim=/politics/war_room). After all:


Asked by the Ledger-Enquirer, a paper in Georgia -- where Land sits -- whether she intended to pay, Taitz said, "Absolutely not," and added, "If judges start punishing attorneys, then we end up in a totalitarian regime. This can’t go on."

[bago]

Anyone see her Fox news protest?

[Pogo]

Anyone see her Fox news protest?

No? Explain/link?

[bago]

The protest in action (http://wonkette.com/412139/orly-taitz-shuts-down-fox-news-with-a-protest[/url).

[BennyProfane]

The protest in action (http://wonkette.com/412139/orly-taitz-shuts-down-fox-news-with-a-protest[/url).

Error 404, not found.

[Anti-Bunny]

Error 404, not found.

Here. (http://wonkette.com/412139/orly-taitz-shuts-down-fox-news-with-a-protest)

[bago]

Here. (http://wonkette.com/412139/orly-taitz-shuts-down-fox-news-with-a-protest)

Ah nuts. It's been years since my last /urk

[RepoMan]

Wow, look, she's like glowing with righteousness or something!

http://img.wonkette.com/wp-content/uploads/2009/11/orlytaitzfox.jpg

Or maybe it's just overexposure. BA-DUMP BUMP

[bago]

They're crossing the streams (http://www.orlytaitzesq.com/?p=6056)!!!

[Cubit]

What nationality is Orly? Israeli?

[ReptileHouse]

They're crossing the streams (http://www.orlytaitzesq.com/?p=6056)!!!

Oh, hell.... Does this mean we should merge some threads?

[Abilio Carvalho]

Oh, hell.... Does this mean we should merge some threads?

Are... are you mad, man? So much crazy in just a few threads, or God forbid a single one...

http://halshop.files.wordpress.com/2007/03/phpw9jvl0pm.jpg