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| Domingo the Avenger... |
 Posted: Fri Oct 30, 2009 5:45 pm |
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http://washingtonindependent.com/65703/orly-taitz-smacked-down-birther-lawsuit-dismissed
10/29/09
Orly Taitz Smacked Down: Birther Lawsuit Dismissed
By David Weigel
Central District of California Judge David O. Carter has dismissed
Barnett et al v. Obama et al, Orly Taitz’s most successful lawsuit —
that is, the one that got the furthest through the legal system —
demanding proof of the president’s citizenship.
The entire decision is here, and it’s devastating to Taitz.
http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD?autodow...
........................................................................................................................
That’s the end of the story.
But the ruling is limned with criticism of Taitz for the screwball,
media-grabbing tactics she used to promote her doomed, frivolous
lawsuit.
Carter confirms that he got complaints from Taitz witnesses like Larry
Sinclair, claiming that Taitz wanted them to lie on the stand. |
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| Curly Surmudgeon... |
| Posted: Fri Oct 30, 2009 6:17 pm |
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Guest
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On Fri, 30 Oct 2009 19:45:19 -0400, Domingo the Avenger
<baying46584 at (no spam) mypacks.net> wrote:
Quote: http://washingtonindependent.com/65703/orly-taitz-smacked-down-birther-
lawsuit-dismissed
10/29/09
Orly Taitz Smacked Down: Birther Lawsuit Dismissed
By David Weigel
Central District of California Judge David O. Carter has dismissed
Barnett et al v. Obama et al, Orly Taitz’s most successful lawsuit —
that is, the one that got the furthest through the legal system —
demanding proof of the presidentÂ’s citizenship.
The entire decision is here, and itÂ’s devastating to Taitz.
http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD?autodow...
...........................................................................Â............................................
ThatÂ’s the end of the story.
But the ruling is limned with criticism of Taitz for the screwball,
media-grabbing tactics she used to promote her doomed, frivolous
lawsuit.
Carter confirms that he got complaints from Taitz witnesses like Larry
Sinclair, claiming that Taitz wanted them to lie on the stand.
http://en.wikipedia.org/wiki/Orly_taitz
Orly Taitz (born August 30, 1962[1]) is an Orange County, California-
based dentist and lawyer[5][6] who is a leading figure in the "birther"
movement, which challenges whether Barack Obama is a natural-born citizen
eligible to serve as President of the United States; in addition, she
promotes a number of other conspiracy theories both related and unrelated
to Obama.
Biography
Taitz was born to a Jewish family in Chişinău, Moldavian SSR,[4] (present
day Moldova) and emigrated to Israel in 1981.[1] During her residence in
Israel, Taitz completed a dentistry degree at Hebrew University.[1] In
1987 she met her husband Yosef when he visited Israel. After he proposed
on their second date, she emigrated to the United States where they
married in Las Vegas.[4] She later received her law degree from Taft Law
School which "specializes in 'distance learning law programs to qualified
students around the world'", and is not accredited by the American Bar
Association.[7] In 2002, she passed the bar exam in California.[8] She
obtained a real estate broker's license from the State of California that
expired in February 2008.[9]
Taitz currently lives in Laguna Niguel, California,[10] and owns dental
practices in nearby Mission Viejo and Rancho Santa Margarita.[4] A photo
caption accompanying a 1990 Los Angeles Times article identified Taitz as
a volunteer at the Share Our Selves dental clinic in Costa Mesa.[11] She
has three sons,[4] holds a second degree black belt in Taekwondo, and
speaks five languages: English, Hebrew, Romanian, Russian, and Spanish.[5]
[12][13]
Before her national news exposure, Taitz had previously been personally
involved in 22 lawsuits in Orange County civil court.[14] She was quoted
in the Orange County Register in 2006 supporting Israeli military actions
against Hamas and Hezbollah,[15] and downplaying the impact of the
espionage trial of two American Israel Public Affairs Committee staffers.
[16]
Taitz said that she lost relatives in the Holocaust, and that her
grandmother witnessed the Kishinev Pogrom.[12][14]
[edit] 2008-2009 legal/advocacy activities
Taitz alleges that Barack Obama was born in Kenya and that he falsified
his Selective Service papers and his application to the Illinois bar.[17]
Regarding Obama, Taitz has said: "I believe he is the most dangerous
thing one can imagine, in that he represents radical communism and
radical Islam: He was born and raised in radical Islam, all of his
associations are with radical Islam, and he was groomed in the
environment of the dirty Chicago mafia. Can there be anything scarier
than that?"[18]
Other Obama-related conspiracy theories Taitz has repeated include:
* A number of homosexuals from Obama's former church have died
mysteriously.
* Obama has dozens of social security numbers, and his passport is
inaccurate. Taitz claims that a person who was cooperating with the FBI
in connection with Obama's passport died mysteriously, "shot in the head".
* A Kenyan birth certificate with the name "Barack Obama" is
authentic.
* Obama's first act as president was to donate money to Hamas, which
she claims will be used to build Qassam rockets.
* Obama or someone connected to him has made threats to Taitz's life,
including vandalizing her car.[14]
* Obama is having the Federal Emergency Management Agency (FEMA)
build internment camps for "Anti-Obama dissidents" [12]
Taitz also has advanced or supported a number of other conspiracy
theories not directly related to Obama, including: that Goldman Sachs
runs the United States Treasury,[18] that Baxter International has
developed a bird flu vaccine that kills people,[18] that Representative
Alcee Hastings and the House of Representatives are planning to build at
least six labor camps,[18] that Hugo Chavez owns the software that runs
American voting machines,[14] that FactCheck is untrustworthy because of
its links to the Annenberg Foundation,[14] and that Fox News is partly
owned by Saudi Arabia.[18] Taitz has also advocated numerous Internet-
related conspiracy theories, including complaints about alleged PayPal
attacks and the previous deletion of her Wikipedia entry and allegations
that Google improperly flagged her web page as an attack site and
suppressed search results for her name.[14]
[edit] Lawsuit on behalf of Keyes
In November 2008, Taitz filed a lawsuit on behalf of independent
presidential candidate Alan Keyes, suing California's secretary of state
for allegedly failing to ascertain Obama's eligibility for president
before placing him on the ballot. The case is still pending as of August
10, 2009 [1]
[edit] California election injunction
Taitz filed an emergency injunction request in the U.S. Supreme Court in
2008 on behalf of libertarian vice presidential candidate Gail Lightfoot,
urging the court to stop the certification of California's 2008 election
results. The court declined to hear the case.[1]
[edit] Cook v. Obama
Main article: Barack Obama citizenship conspiracy theories
Taitz represented Stefan F. Cook, a Major in the United States Army
Reserve, who challenged his order to be deployed to Afghanistan because
of his claim that Obama is not a legitimate president. The case was
dismissed when the Army Reserve recalled his order to deploy.
[edit] Philip J. Berg lawsuit
On May 4, 2009, Taitz and her organization, "Defend Our Freedoms
Foundation", were sued by Philip J. Berg, another prominent figure in the
Birther movement, accusing Taitz and her organization of harassing Berg's
supporters. The allegations included a claim that Taitz uses "JS Kit"
software, which "tracks" and "hacks" computers and individuals that visit
her websites and blogs. Berg also alleges that, when Taitz filed a
lawsuit on behalf of Alan Keyes against Obama, she plagiarized Berg's
work. In addition, Berg claims that "Defend Our Freedoms Foundation" does
not have a proper Federal Tax Identification Number, that Taitz claimed
Obama's "thugs" were stealing money from her supporters by making fake e-
mail addresses and encouraging people to send PayPal donations to them
instead of her real e-mail address, and that she falsely complained to
the Federal government that her own websites had been hacked.[19]
[edit] Barnett vs. Obama: Scheduling Conference
On September 8, 2009, U.S. District Judge David O. Carter set a hearing
on the defense's Motion to Dismiss and a routine scheduling conference
for October 5 2009.[20] (A scheduling conference is a preliminary
proceeding and does not involve any determination on the merits.) At the
hearing, the court heard arguments on the defendants motion to dismiss
and declined to rule from the bench, instead taking the matter under
submission. The scheduling conference was not held, with the previously
set "tentative" dates being permitted to stand.[21]
On October 29, 2009 Judge Carter dismissed the lawsuit and stated he was
deeply concerned that attorney Orly Taitz "may have suborned perjury
through witnesses she intended to bring before this court." [22]
[edit] Rhodes v. Macdonald
In September 2009, Taitz was retained by Captain Connie Rhodes, a US Army
physician. Rhodes sought a restraining order to prevent her forthcoming
deployment to Iraq. In the request for a restraining order, Taitz argued
the order was illegal since Obama was illegally serving as president. On
September 16, federal judge Clay D. Land rejected the motion and
denounced it as frivolous. In his opinion, the judge noted that Rhodes
had not previously raised any objections to orders she had received from
Obama since he had been sworn in. He noted that while she seemed to have
"conscientious objections" to taking orders from Obama, she did not seem
to object to serving under him "as long as she is permitted to remain on
American soil." Land then upbraided Taitz for using military officers as
pawns to further her claims that Obama was not qualified to be President.
He also expressed astonishment at Ms. Taitz' apparent misunderstanding of
American judicial fundamentals, saying that she was trying to make Obama
"'prove his innocence'" to 'charges' that are based upon conjecture and
speculation." [23]
Within hours of Land's decision, Taitz told the news site Talking Points
Memo that she felt Land's refusal to hear her case was an act of treason.
[24] Two days later, she filed a motion to stay Rhodes' deployment
pending rehearing of the dismissal order. She repeated her treason
allegations against Land and made several other intemperate statements,
including claims that Land was aiding and abetting purported aspirations
of "dictatorship" by Obama.[25] Land rejected the motion as frivolous and
ordered her to show cause why she should not be fined $10,000 for abuse
of judicial process.[26]
Search Wikisource Wikisource has original text related to this
article:
Order Denying Orly Taitz's Recusal
A few hours later, a letter bearing Rhodes' signature arrived, stating
that Taitz filed the motion without her knowledge or consent, and asking
Land to remove Taitz as her attorney of record in the case.[27] On
September 26, 2009, Taitz filed a motion with the court seeking to
withdraw as counsel for Rhodes, so she could divulge in court "privileged
attorney-client communications" since the dismissed Rhodes case "is now a
quasi-criminal prosecution of the undersigned attorney, for the purpose
of punishment."[28]
[edit] Civil procedure misconduct
On October 13, 2009, Judge Clay Land ordered "Counsel Orly Taitz ... to
pay $20,000.00 to the United States, through the Middle District of
Georgia Clerk's Office, within thirty days of the date of this Order as a
sanction for her misconduct in violation of Rule 11 of the Federal Rules
of Civil Procedure." Judge Land concluded "The Court finds that counsel's
conduct was willful and not merely negligent. It demonstrates bad faith
on her part. As an attorney, she is deemed to have known better. She owed
a duty to follow the rules and to respect the Court. Counsel's pattern of
conduct conclusively establishes that she did not mistakenly violate a
provision of law. She knowingly violated Rule 11. Her response to the
Court's show cause order is breathtaking in its arrogance and borders on
delusional. She expresses no contrition or regret regarding her
misconduct. To the contrary, she continues her baseless attacks on the
Court."[29] Upon learning of Land's ruling, Taitz said she would appeal
the sanction, declaring that Judge Land was "scared to go against the
regime" of the "oppressive" Obama Administration and that the sanction
was an attempt to "intimidate" her.[30]
[edit] California ethics complaint
Following the Rhodes v. Macdonald decision, and Taitz's subsequent
comments regarding Judge Land, allegations that Taitz had violated her
ethical obligation as a California attorney surfaced. Because of Taitz's
demeaning comments regarding Judge Land, attorney Subodh Chandra filed an
ethics complaint with the State Bar Association of California arguing
Taitz had violated her ethical obligation as an attorney.[31]
[edit] Activities in Israel
Taitz has also actively promoted her theories in Israel, where she claims
that "the vast majority" of the population supports her views.[12] She
has appeared on the Channel 10 nightly news show "London and
Kirschenbaum", was the subject of a feature on Channel 1 TV, and filmed a
video for the website Arutz 7. Israel's Russian language media, such as
Channel 9 and Vesti, the country's largest Russian-language newspaper,
have also given attention to Taitz.[12]
[edit] Trivia
Taitz first received media attention in connection with Obama eligibility
questions in late 2008.[32]
Taitz was interviewed by co-hosts David Shuster and Tamron Hall on MSNBC
on August 3, 2009. Various media outlets called her appearance an
"implosion",[33] or that "she turned into barking Bessarabian goo on
camera".[14] Taitz repeated her accusations that Shuster was "a
brownshirt" in a phone interview the following week.[14]
Media descriptions of Taitz have ranged from "a cross between Paul Revere
and Joan of Arc"[34] "Queen Bee of people obsessed with Barack Obama's
birth certificate" and "The Queen Bee of Birferstan".[6] Less
flatteringly, she has been called a "professional whack-a-doodle".[35]
Meghan Daum of the Los Angeles Times suggested that August is "the time
when bizarre personalities and ideas find their way into the mainstream
media. This year, it's Orly Taitz and the 'birthers.'"[36] The Institute
for Ethics and Emerging Technologies included Taitz in a list of people
who have "espoused beliefs they claim are rooted in fact and have a
rational justification, but actually are motivated by ideology or
emotion".[37]
In popular culture crossovers, Salon suggested Taitz as a possible
replacement for Paula Abdul on American Idol, indicating she might be
"the most entertaining 'Idol' judge yet",[38] while The Faster Times
suggested Taitz as a community lecturer who "could teach the CIA a thing
or two about forgery".[39]
--
Regards, Curly
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