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Emergency hearing in Rhodes. v MacDonald in GA

Orly Taitz, DDS, Esq

Orly Taitz, DDS, Esq

I got a message from Orly stating:

I just got word from Ms. Sweeden, clerk for District Court Judge for the Middle District of GA. We were granted an emergency hearing for Captain Connie Rhodes, MD, flight surgeon, who is scheduled to be shipped to Iraq day after tomorrow on September the 12th. Capt Rhodes states that she is willing to go to Iraq, as long as she knows that the orders going down the chain of command are lawful orders. We asked this case to be certified as a class action case, as she represents a whole class of plaintiffs situated in similar position. The hearing will be tomorrow at 2pm in Columbus GA, Federal Building 1201 12th street. Judge Clay D. Land courtroom. Judge Land was gracious and a real Southern gentleman in that he waived the technical requirement of a signature of the local counsel as a contact.

It’s a 4 1/2 hour drive for me, a little too far, and not enough notice.

[FLASH! Hearing continued on Monday.]

[FLASH! FLASH! Case Dismissed.]

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155 Responses to Emergency hearing in Rhodes. v MacDonald in GA

  1. avatar
    Heavy September 11, 2009 at 11:48 am #

    Thanks, libs!

    http://www.michaelsavage.wnd.com/index.php?fa=PAGE.view&pageId=7840

  2. avatar
    Black Lion September 11, 2009 at 12:01 pm #

    Wow…We haven’t had you trolling around for a couple of days. Welcome back. And surprise, you give us a unfactual opinion piece from that rag, the NY Post from Ralph Peters. So much crap in there it was difficult where to begin.

    Let us start with this statement…”Instead of confronting Saudi hate-mongers, our president bows down to the Saudi king.” I guess you missed the pictures where President GW Bush kissed the cheek of the Saudi Prince. And you missed the fact that President GW Bush was the one that allowed the Saudi’s to leave when all flights were grounded. And you forgot that former President GHW Bush was and may still be on the board of a multinational corporation with many Saudi’s and his is involved in business ventures with them.

    “Instead of proudly and promptly rebuilding on the site of the Twin Towers, we’ve committed ourselves to the hopeless, useless task of rebuilding Afghanistan. (Perhaps we should have built a mosque at Ground Zero — the Saudis would’ve funded it.)” So I guess you forgot that it was President GW Bush that started the war in Afganistan? And started the war in Iraq and spend hundreds of billions on those wars. That would have been enough to rebuild Ground Zero 5 times at least.

    “Instead of protecting law-abiding Americans, we reject profiling to avoid offending terrorists. So we confiscate granny’s shampoo at the airport because the half-empty container could hold 3.5 ounces of liquid.”

    So according to you racial profiling is OK, as long as it is someone that may look like a terrorist. So under your racial profiling theory you would have stopped the American Taliban guy, John Walker Lindh, right? Profiling is a slippery slope, that is why it is unlawful. But it would be OK as long as they look like a terrorist, right?

    An article like this shows the lack of cognative thought people like you have. Of course since it came through WND and Michael Savage, we know where your thoughts lie.

  3. avatar
    Black Lion September 11, 2009 at 12:08 pm #

    I was over at Orly’s house of horrors and a couple of things there I found interesting. Usually her commenters give me a good laugh in the morning, but I found it funny her response to someone that suggested she get Judge Ray Moore and Jay Sekulow involved with her suit. Below is her response…

    “I met judge Moore and asked him for assistance, he didn’t want to be involved. I called Jay Sekulow’s office, they never even called back, but later had the nerve of calling me and asking for donations. Other people called Jay Sekulow as well, he laughed and didn’t want to be involved.”

    She sounded a bit salty that someone would laugh at her and was not interested in her so called case.

    Secondly came from our buddy AXJ. I guess he is a troll. Someone posted a comment from him or his group regarding the BC issue…

    96.AXJ Says:
    September 7th, 2009 at 9:59 pm
    ORIGINAL OBAMA BC DISCOVERED IN 1964 DIVORCE DOCUMENTS
    AXJ-HAWAII
    090709
    Apparently the Hawaiian Chapter of AXJ has discovered the original divorce documents filed in 1964, and among them has discovered that Stanley Ann Dunham (with the help of others) did in fact present a Certificate of Live Birth of a child born in Mobassa, Kenya, which is being studied to see if in fact it belongs to a child by the name of Barack Hussein Obama, II, although Barack Hussein Obama Sr. never admitted to having a son, was never notified of any divorce documents filed against him, and was killed in Kenya for political reasons.
    The document presented by the Hawaiian Authorities includes a number “19‘ that does not correspond to any numbering order in the documents recorded in 1961, and they know it. They possibly could be responsible for Fraud against the American People if this preliminary investigation turns out to be true.

    That is about as believable as the Lucas Smith Kenyan BC. But I am sure he or they wanted to drive traffic over to their pathetic site. I guess they want to become the new repubx or resinet. Good luck with that….

  4. avatar
    Heavy September 11, 2009 at 12:10 pm #

    Blackie, that was a well thought out, lucent rant. Too bad it is filled iwth lies and liberal spin.

    Next time THINK before you speak.

  5. avatar
    Heavy September 11, 2009 at 12:10 pm #

    LUCID!

  6. avatar
    thisoldhippie September 11, 2009 at 12:18 pm #

    Please tell us where the lies are. Black Lion did an excellent job of debunking each point, yet you just yell “you lie!” with nothing to back it up.

  7. avatar
    Greg September 11, 2009 at 12:31 pm #

    Here’s a picture of John Walker Lindh with a shave.

    Tell us how racial profiling would have caught him.

    Here’s Mom and a brother of Adam Gadahn, an American spokesman for al-Qaeda.

    Again, how would racial profiling have helped?

    Racial profiling is a waste of resources. It is simultaneously over- and under-inclusive. It sweeps in the 99.999% of brown-skinned folks who aren’t terrorists while ignoring 100% of the terrorists who aren’t brown-skinned.

  8. avatar
    Heavy September 11, 2009 at 12:37 pm #

    Who said anything about RACIAL profiling? You sick people play the race card at the drop of a hat!

  9. avatar
    Heavy September 11, 2009 at 12:40 pm #

    Greggy, read his post again and tell me where the truth is. BTW, did you notice that he IMMEDIATELY turned PROFILING into RACIAL profiling? I guess missed that because it is second nature for liberals to do so. Sick, sick people.

  10. avatar
    Heavy September 11, 2009 at 12:45 pm #

    http://knowledgerush.com/kr/encyclopedia/John_Walker_Lindh/

  11. avatar
    Heavy September 11, 2009 at 12:46 pm #

    Another example of libs wielding a toothpick as if it were a baseball bat!

  12. avatar
    jvn September 11, 2009 at 1:03 pm #

    You don’t want racial profiling?

    Of course not.

    You just want anyone with a foreign sounding name, or anyone who “looks like they might be from the Middle East” searched every time they go to the airport, right?

    This guy from the NY Post is an idiot!

  13. avatar
    richCares September 11, 2009 at 1:12 pm #

    what are you people doing, arguing with heavy, he links to Michael Savage to prove his points, yes Savage the idiot who insulted the parents of autistic children
    try putting the following phrase into google
    “Michael Savage idiot” (159,000 hits)
    having a rational discussion with a Savage fan is a fools errand,

    I know you are really making fun of heavy, but he is too dense to know that, just ignore the donkey hole.

  14. avatar
    Heavy September 11, 2009 at 1:20 pm #

    As usual, you speak without thinking. The atricles have nothing to do with Savage.

    Thanks for playing!

  15. avatar
    richCares September 11, 2009 at 1:25 pm #

    from the Docket:
    09/11/2009 8 MOTION to Dismiss Plaintiff’s Complaint for Damages, Declaratory Judgment, and Injunctive Relief and Application for TRO by Thomas D MacDonald, George Steuber, Robert M. Gates, Barack Hussein Obama filed by Sheetul S. Wall. (Attachments: # 1 Exhibit A Deployment Orders)(Wall, Sheetul) (Entered: 09/11/2009)

  16. avatar
    nbc September 11, 2009 at 2:07 pm #

    Just in time… I wonder if this also gets dealt with during the hearing…

  17. avatar
    Rickey September 11, 2009 at 2:21 pm #

    jvn: This guy from the NY Post is an idiot!

    It’s amusing to see Ralph Peters complaining about supposed censorship. This is the guy who last year wrote “Although it seems unthinkable now, future wars may require censorship, news blackouts and, ultimately, military attacks on the partisan media.”

    The man has no credibility. In March 2006 he claimed that the Iraq Army was performing “extremely well.” A few months later he did an about-face, blaming deteriorating conditions there on “the Arab genius for screwing things up.” Then he opposed the surge before he supported it.

    And of course much of what he is complaining about, such as Afghanistan and no profiling, were Bush Administration policies. And how are liberals to blame for the delays in rebuilding Ground Zero?

  18. avatar
    Gordon September 11, 2009 at 2:34 pm #

    Heavy is Mr. Peters some foreign policy expert? Because most of the intelligence experts say just the opposite. Correct me if I’m wrong Mr. Peters is doing a Right wing opinion piece, and you know what they say about opinions. Stay off the fringe blogs and read some books by people who have been in the field. Try something by Gen Brent Scowcroft, or Jack Rice. Get back to us when you’re done.

  19. avatar
    Black Lion September 11, 2009 at 2:35 pm #

    Heavy, what other type of profiling was Peters talking about? It would have to be racial. How else would he be able to stop terrorists? Come on. We all know what is meant by profiling. People of so called Middle Eastern descent or from specific countries would be examined in more detail. That is what he is implying. Unless you have another way that profiling for so called terrorists could be performed?

  20. avatar
    Black Lion September 11, 2009 at 2:40 pm #

    Of course….That is the way of these guys…when it doubt always blame the so called liberals…If you notice Heavy when he arguments are debunked always lashes out at folks by calling them liberals…

  21. avatar
    Heavy September 11, 2009 at 2:45 pm #

    Debunked? Now THAT’S funny!

    LIBERALS ARE TRUTH AVERSE.

  22. avatar
    Bob September 11, 2009 at 2:59 pm #

    The government raises both claim and issue preclusion, citing the Texas court’s denial of the TRO request. (As well as “the usual” defenses.)

    Looks to be a bad day in Georgia.

  23. avatar
    richCares September 11, 2009 at 3:31 pm #

    Rhodes was not at hearing so Judge Land postpones birther’ hearing until Monday. Judge Land made it clear he wanted to hear from Rhodes. “I am going to require her to appear, so I can ask questions of her,” Land said.
    Not a good Sign for tooth fairy Orly.
    story at:
    http://www.ledger-enquirer.com/news/breaking_news/story/836284.html

  24. avatar
    Dr. Conspiracy September 11, 2009 at 3:32 pm #

    Case postponed until Monday. Rhodes didn’t appear, and the judge wants to hear some things direct from her.

    http://www.ledger-enquirer.com/news/breaking_news/story/836284.html

    It appears that Rhodes had “7 days to deploy” not “tomorrow” as Orly claimed.

  25. avatar
    kimba September 11, 2009 at 3:39 pm #

    Oh the irony. Tuesday Orly had the witnesses lined up, ready to go, and today when the judge wanted to hear from the plaintiff herself, no plaintiff. What do you bet she and Orly thought if she showed up, the MP’s would be there to bundle her off to Iraq.

  26. avatar
    kimba September 11, 2009 at 3:42 pm #

    Oops, thumbs down me into invisibility, I should have read the article! She’s with her unit in Kansas.

  27. avatar
    Bob September 11, 2009 at 4:22 pm #

    So does Taitz return to California, and take the red-eye back to Georgia for Monday’s hearing? Or does she take in a little Southern hospitality and wait the weekend out?

    Regardless, all this cross-country travel isn’t cheap, so please continue with those donations!

  28. avatar
    kimba September 11, 2009 at 5:16 pm #

    Must be a machine gun shoot or a gun show somewhere nearby to pick up some donations, pass out dossiers!

  29. avatar
    Bob September 11, 2009 at 5:28 pm #

    There’s a gun show this weekend just outside of Atlanta. But won’t all the “concerned patriots” be marching on DC this weekend?

    BTW, what Judge Land did was brilliant. There’s nothing Capt. Rhodes can testify to that will have an effect on her motion for a TRO (her declaration and the government’s opposition cover it all). The birfers will likely proclaim this a victory (“this shows the judge is interested in the merits!”), but the captain probably will not like the tenor of the judge’s questions on Monday.

  30. avatar
    Rickey September 11, 2009 at 7:34 pm #

    Agreed. My first impression is that Judge Land is going to give the Captain a lecture.

  31. avatar
    Bob September 11, 2009 at 8:13 pm #

    I’m also wondering if Judge Land wants to address Rhodes directly because Taitz can’t represent her without local counsel.

  32. avatar
    Gordon September 12, 2009 at 2:15 am #

    As soon as the military threatens to throw one of the slackers in the brig I think we’ll see an end to Orly’s Army.

  33. avatar
    BlackLion September 12, 2009 at 10:51 am #

    I wonder if Orly will try and enter one of her fake Kenyan BC’s as evidence in this hearing in order to try and bolster her case…

    “Outside the building Taitz held an impromptu news conference, showing a paper she claimed proves Obama was born in Kenya.”

    http://www.ledger-enquirer.com/news/breaking_news/story/836284.html

  34. avatar
    thisoldhippie September 12, 2009 at 11:39 am #

    All I continue to see from you is name calling and absolutes with no evidence to back you up.

  35. avatar
    thisoldhippie September 12, 2009 at 11:40 am #

    Please tell us what other kind of “profiling” would help in finding a terrorist at the airport? We’re waiting.

  36. avatar
    Greg September 12, 2009 at 11:59 am #

    Well, racial profiling is the only kind of profiling that’s not practiced, so that must be what the author was talking about.

    If the authorities are profiling based on behavior – one way tickets, paying cash, etc. – that’s not racial profiling, that’s good police work, and is not banned, but encouraged.

  37. avatar
    Rickey September 12, 2009 at 3:48 pm #

    BlackLion: I wonder if Orly will try and enter one of her fake Kenyan BC’s as evidence in this hearing in order to try and bolster her case…

    She already has. She filed it yesterday. It’s the one provided to her by the convicted forger, Lucas Daniel Smith.

    http://www.scribd.com/doc/19659019/RHODES-v-MacDONALD-10-Request-for-judicial-notice-by-Connie-Rhodes-

    I just noticed something about the Smith birth cerificate which I missed before. The stamp identifies the hospital administrator as Helton Haganga, but the signature says Helton Maganga. Hmmm…

    Also, it appears that Orly has failed to associate local counsel, as she appeared by herself.

  38. avatar
    Bob September 12, 2009 at 4:25 pm #

    *sigh*

    Taitz requests judicial notice of Smith’s declaration and Judge Carter’s scheduling order.

    Judge Land can’t take judicial notice of the declaration (he can take judicial notice that it was filed with Judge Carter). Smith’s declaration can be filed regularly with Judge Land (in support of the TRO); no need to judicially notice it.

    Judge Carter’s scheduling order can be judicially noticed; however, it does not indicate the likelihood of success on the merits, just that a trial date has been scheduled.

  39. avatar
    sarina September 12, 2009 at 10:35 pm #

    How come Orly has the guts to file a fake BC?

    She is really desperate to beat Obama no matter how.
    She can face serious charges for this as well a Lucas, when the judge find out this BC is fake, right?

  40. avatar
    Rickey September 12, 2009 at 11:08 pm #

    Bob:Judge Carter’s scheduling order can be judicially noticed; however, it does not indicate the likelihood of success on the merits, just that a trial date has been scheduled.

    Orly is struggling to figure out a way to establish that she has a substantial likelihood of prevailing on the merits. She reminds me of the boxer in the Simon & Garfunkel song: “All lies and jest, still the man hears what he wants to hear and disregards the rest.”

  41. avatar
    Expelliarmus September 13, 2009 at 12:06 am #

    Lucas Smith can face perjury charges for his false testimony, but fear of legal consequences hasn’t deterred him in the past. (He appears to have at least four separate felony convictions for forgery and theft, and around 2 dozen different arrests for misdemeanors like theft and assault).

    The consequences to Orly really depend on the context that she introduces them. I think she has been careful so far to say that she doesn’t know whether Smith document is valid but wants to use it as a basis to obtain more court ordered discovery — but I haven’t looked that carefully at what she has filed along with her exhibits.

  42. avatar
    Dr. Conspiracy September 13, 2009 at 7:10 am #

    I presume that Orly Taitz is been hoodwinked by Smith, and believes the document is genuine.

  43. avatar
    sarina September 13, 2009 at 2:23 pm #

    There is a new video in You tube by William Wagener. A military guy giving declarations about him, also Lucas Smith showing “his” Kenyan bc and also giving declarations how he went to Kenya to get it.
    He said he went to Kenya and got this bc from the hospital. Then why the heck he had to make a stupid wobbly, sideways out of focus video in a poor side of town? And why he didn’t go to the Fbi or Congress and instead put it on Ebay first? I would like to see his passport to verify if he indeed went to Kenya and that if can anybody contact the hospital administrator to see if Helton Haganga or Maganga in fact signed this bc?
    (sorry for my English, since it is not my first language)

  44. avatar
    Dr. Conspiracy September 13, 2009 at 3:15 pm #

    Your English is pretty good. I just changed one “went” to “go”. The rest would pass for a native speaker’s informal writing.

  45. avatar
    Bob September 13, 2009 at 6:17 pm #

    Ledger-Enquirer has video from Friday’s hearing.

  46. avatar
    nbc September 13, 2009 at 6:46 pm #

    Helton Maganga who in fact appears to be working at the Hospital as chief administrator.

  47. avatar
    Rickey September 13, 2009 at 9:09 pm #

    nbc: Helton Maganga who in fact appears to be working at the Hospital as chief administrator.

    Helton Maganga was identified as the chief administrator at Coast Provincial General Hospital in an online news story which appeared in June. With that information readily available, it wouldn’t have been difficult for the forger Smith to make up a phony stamp.

    http://allafrica.com/stories/200906180705.html

    Of course, the entire story falls apart when you consider that Smith claims that he bribed an officer to get the copy of the birth certificate. Why would the hospital administrator certify an illegally obtained document?

  48. avatar
    richCares September 13, 2009 at 9:16 pm #

    in Kenya, official records are maintained by the gov, hospitals did not (and still don’t) maintain BC records, sorry!

  49. avatar
    Bob September 14, 2009 at 11:04 am #

    From Taitz’s blog:

    1. Filed schedule of proposed deposition;

    2. Moved to have Kreep disqualified due to a conflict of interest

    …the first is routine (and the gov’t will oppose, especially in light of the pending motion to stay discovery).

    The second is possible, but would have to look at the actual motion to see the factual basis alleged.

  50. avatar
    Greg September 14, 2009 at 11:29 am #

    Reading the actual papers she filed with the court, she didn’t move either of these things. She sent a letter to the DOJ proposing that depositions move forward and that she intended to move to disqualify Kreep. She then copied the letter to the court in a notice of transmission. So, there are no motions filed yet.

  51. avatar
    kimba September 14, 2009 at 11:35 am #

    Word is Orly spent her Saturday in DC at the Tea March. One of “Millions, millions I say”

  52. avatar
    Per Son September 14, 2009 at 11:35 am #

    She just wants to piss of the judge. A cardinal rule is that you do not involve the judge with any discovery matters unless the parties have reached an impasse.

  53. avatar
    kimba September 14, 2009 at 11:45 am #

    Here is her letter to USA’s.

    http://www.scribd.com/doc/19734951/KeyesBarnett-63-Exhibit-to-Notice

    Instead of working with Kreep, she wants him to resign or she will file a motion to disqualify him.

    She takes Judge Carter’s suggestion to start discovery very seriously and wants to know when she can depose the defendants. ( *snort*)

    I don’t think Orly doesn’t understand the law or the rules, I think she is just extremely pushy and aggressive and ignores the rules of procedure. She sees where the judge gave her an inch, so she wants to take a mile. Her weakness is thinking Judge Carter has told her it’s OK to ignore the rules.

  54. avatar
    Bob September 14, 2009 at 11:55 am #

    The letter says she intended to seek Kreep’s removal due to a conflict created by prior litigation.

    I take it Taitz thinks “conflict” (for the purposes of disqualification) means “we didn’t [get] along,” not that a prior client had an adverse interest.

  55. avatar
    kimba September 14, 2009 at 12:03 pm #

    Judge Carter won’t like that. He said he saw them as one! He told them they had to get along.

  56. avatar
    dunstvangeet September 14, 2009 at 12:17 pm #

    Not to mention that all that needs to happen for this to be a non-issue is that the clients that Kreep are representing just need to say, “We don’t mind.”

    It’s the client’s right for the conflict of interest. It’s not the attorney’s.

  57. avatar
    Bob September 14, 2009 at 12:29 pm #

    Appears the D.C. district court granted the Super American Grand Jury’s motion for reconsideration. The Super American Grand Jury may now pay it’s filing fee, and then have the petition dismissed.

    And the Patriot Hearts Network’s petition was dismissed.

  58. avatar
    kimba September 14, 2009 at 12:39 pm #

    I don’t really understand what is the Judge’s point to allow them to pay the filing fee and file, but they would be dismissed. Do these people think because they get a number on their case that they have accomplished something? It’s bizarre.

  59. avatar
    Greg September 14, 2009 at 12:48 pm #

    Wow, benchslap! Here’s what the judge said:

    Petitioner’s motion for reconsideration is hereby granted and they are given leave to file their “presentments”, upon tendering the filing fee to the Clerk of the Court, however, should the fee be tendered the presentments will be dismissed as the petitioners lack standing to enforce the criminal laws of the United States.

    The effect of this, I think, is that any appeal on the denied “presentments” would be on the grounds of standing and not of the ability of a person to proceed under “presentments.”

  60. avatar
    kimba September 14, 2009 at 12:52 pm #

    The Betrayal says a subpoena was served on the Consulate General of Kenya in LA. Aren’t subpoenas required to be signed by the court? Lincoln, Freiman and Lucas are on a most excellent adventure in downtown LA today!

  61. avatar
    Bob September 14, 2009 at 1:03 pm #

    Aren’t subpoenas required to be signed by the court?

    Subpoenas are not signed by judges (judge have more important things to do than that).

    An unauthorized subpoena can be the subject of a motion to quash; think Occidental College.

  62. avatar
    Bob September 14, 2009 at 1:08 pm #

    Also: That’s the subpoena “served” in August by Paul Andrew Mitchell, who claims he represents the United States as a private attorney general.

    Do an internet search on Mitchell and see how deep the crazy is.

  63. avatar
    kimba September 14, 2009 at 1:31 pm #

    I see, so authorized by the court, not signed. Interesting. I haven’t been able to open the link. I hope it’s a doozy. Obviously I don’t have enough to do today.

  64. avatar
    thisoldhippie September 14, 2009 at 2:50 pm #

    In Federal Court most subpoenas are signed by the issuing attorney.

  65. avatar
    richCares September 14, 2009 at 2:56 pm #

    Do an internet search on Mitchell and see how deep the crazy is.

    I did, WOW!!!

  66. avatar
    richCares September 14, 2009 at 3:02 pm #

    I don’t think you can subpoena a diplomat, remember Sal Mineo in the Columbo episode, the one covering diplomatic immunity. He died ,they lied but Columbo saved the day. So Betrayal must be wrong, I have a copy of that episode and I reviewed it again, yup, diplomatic immunity.

  67. avatar
    richCares September 14, 2009 at 3:31 pm #

    just got word that the hearing is over, the judge will issue a written ruling by noon tomorrow.

  68. avatar
    Bob September 14, 2009 at 3:33 pm #

    Here’s the template for a subpoena for a federal civil case.

    Anyone can fire off a subpoena, really. Enforcement is all together another issue.

  69. avatar
    AdrianInFlorida September 14, 2009 at 3:48 pm #

    Good lord, she almost ran down the steps to grab that microphone. She even had one of her flunkies point out on Lucas Smith’s alleged Kenyan BC that, this time, they…I mean the Hospital… had not made any of the mistakes that were debunked in earlier alleged B.C.’s. Priceless.

  70. avatar
    AdrianInFlorida September 14, 2009 at 3:50 pm #

    Waitng for Orly to post that the judge has promised to skip over all procedural rules and will be ordering President Obama to appear, in Person tomorrow at 9AM with all original written records from birth through his last physical exam. :)

  71. avatar
    nbc September 14, 2009 at 4:04 pm #

    Judge to rule tomorrow

    Update: Ledger Enquirer Article

    Land repeatedly pointed out it was a courtroom where the rule of law was all that mattered.

    “Whenever I give you a minute, you go off on these talking points,” Land said.

    “We have not seen Mr. Obama’s birth certificate,” Taitz responded.

    “This is not a forum to lay ground work for a press conference,” Land said. “This is a court of law.”

    and

    “Who has the burden of establishing that the president of the United States is not eligible to serve in his office?” Land asked Taitz.

    The judge pointed out that burden fell on Rhodes because she sought the restraining order to stop her deployment.

  72. avatar
    Rickey September 14, 2009 at 4:07 pm #

    We can see where this is going to end up tomorrow.

    http://www.ledger-enquirer.com/news/breaking_news/story/839473.html

  73. avatar
    Bob September 14, 2009 at 4:12 pm #

    Here is the subpoena.

    Signed by Mitchell, stamped (and initialed) by a court clerk.

    Mitchell is “serving” subpoenas for cases in the Third Circuit (Berg’s case) and SCOTUS.

  74. avatar
    nbc September 14, 2009 at 4:13 pm #

    I hope Connie brought enough sun screen for her deployment ;-)

  75. avatar
    nbc September 14, 2009 at 4:14 pm #

    Hilarious

  76. avatar
    richCares September 14, 2009 at 4:19 pm #

    Sorry, I made a mistake, Judge Land to issue written ruling on Wednesday (not tomorrow)
    based on questions by Land we know where the decision will be! What the Army asked for will be granted!

  77. avatar
    nbc September 14, 2009 at 4:50 pm #

    You are correct, I have updated the information accordingly

  78. avatar
    AdrianInFlorida September 14, 2009 at 4:53 pm #

    “This is not a forum to lay ground work for a press conference,” Land said. “This is a court of law.”

    OWNED

    :)

  79. avatar
    nbc September 14, 2009 at 4:54 pm #

    Yep…

  80. avatar
    kimba September 14, 2009 at 4:55 pm #

    Here’s the money comment:

    another interesting quote from armyjen:

    “Rhodes sent her family to Kansas last August to begin school prior to her arrival in November. But by September Rhodes moved another man in with her in GA. She has been with him since, tho still married to her husband. As the Army was moving everything in November, her husband only took a suitcase of clothes to begin school. For over a year, Rhodes has withheld all personal belongings from her husband and stepdaughter(toys, everything). She still receives additional compensation from the Army for having 2 dependents, but has provided no support for over a year. Her husband delayed his education and worked FT to support the family while she went to med school. 2 wks prior to leaving him, she tricked him into getting her name off credit card debt. . She also created a fake military document to help faciliate her affair. Poster “alphadog75″ is who Rhodes is having an affair with. She lacks character.”

  81. avatar
    nbc September 14, 2009 at 4:56 pm #

    Take such information with the usual grain of salt. Anyone can write anything… Heck, there are even some who insist that President Obama was born in Kenya…

  82. avatar
    Rickey September 14, 2009 at 5:43 pm #

    Orly ostensibly is representing Rhodes, but the fact is that Orly really doesn’t care what happens to Rhodes. To Orly, Rhodes is just a tool which she believes might allow her to get past the standing issue. But, as the army lawyer pointed out, the lawsuit is about Rhodes and whether she has to obey orders.

    If Rhodes really believes that Obama is illegitimate, she should have the courage of her convictions and just refuse to obey her orders. Then she can try to make her arguments at her court-martial. But, if she does that, for her sake I hopes she finds a better lawyer.

  83. avatar
    misha September 14, 2009 at 7:47 pm #

    Wait, he wasn’t? Uh, oh.

  84. avatar
    Mary Brown September 14, 2009 at 9:52 pm #

    You are so right. Members have done so before. These people love to talk the talk but they will not walk the walk. Investigate, offer Articles of Impeachment, refuse to go and use your court martial to press the point that the President may not be eligible. I am beginning to believe that for many, not all, of these folks race and not a deep conviction regarding President Obama’s status is the heart reason as we evangelicals would put it, for their actions.

  85. avatar
    SixToeMoe September 14, 2009 at 10:21 pm #

    A 90 minute hearing and the Ledger-Enquirer quotes 5 sentences. The silence is deafening.

    And from this we get … Orly cares more about publicity than her client … Judge Land will dismiss … Orly is a racist.

    What was the Judge’s reaction, comment or expression when he saw BO’s Kenyan birth certificate and Defendant’s counsel told the Judge he can see BO’s real COLB by logging on to the internet and downloading a jpg posted on factcheck.org?

    Does the Judge understand Rhodes objects to being ordered to a warzone by a usurper and that is why she hasn’t objected while being stationed in CONUS?

  86. avatar
    nbc September 14, 2009 at 10:30 pm #

    Does the Judge understand Rhodes objects to being ordered to a warzone by a usurper and that is why she hasn’t objected while being stationed in CONUS?

    Yes, he clearly must have noticed this inconsistency when he asked Rhodes some questions. Questions, the answers to which will, I believe, be coming back to bite Connie.

    As to the Birth Certificate, I am sure that the Judge realized that it was not his task to certify the validity of said certificate, but rather that this is up to Connie and her lawyer.

    Without further evidence, the existence of a COLB in Hawaii which shows Obama born on US soil, is not going to be impeached by a copy of a document with no further evidence as to its veracity.

  87. avatar
    Greg September 14, 2009 at 10:33 pm #

    If he’s a usurper, then none of his orders are legal whether he’s ordering her here, or overseas. I’m sure the judge understands that she’s only objecting because he’s going to send her into a war zone. I’m also sure that he understands that seriously undercuts her argument.

  88. avatar
    nbc September 14, 2009 at 10:34 pm #

    And remember that Ms Rhodes has done nothing to show that President Obama is somehow a Usurper and that her participation in actions in a warzone would unnecessarily endanger her beyond what is to be expected from anyone joining the armed services.

    Worse, the question of Obama’s eligibility is of no consequence to Ms Rhodes following the orders, in fact, it seems likely that the Court will, once again, rule this to be a political question.

    Did the judge not reach a similar conclusion when he ruled against Cook?

    Oh yes

    The same Constitution upon which Major Cook relies in support of his contention that President Barack Obama is not eligible to serve as President of the United States very clearly provides that federal courts shall only have the authority to hear actual “cases and controversies.” By restricting the Judiciary’s power to actual “cases and controversies,” our founders wisely established a separation of powers that would ensure the freedom of their fellow citizens. They concluded that the Judicial Branch, the unelected branch, should not inject itself into purely “political disputes,” and that it should not entangle itself in hypothetical debates which had not ripened to an actual legal dispute.

  89. avatar
    nbc September 14, 2009 at 10:36 pm #

    Which is why the following excerpt from the hearing is so relevant

    Under questioning from Land, Rhodes said she had not declined any other orders since Obama became president.

    “If Sen. McCain would have won, would you be objecting to deployment to Iraq?” the judge asked. Rhodes said no.

    Land then asked the question another way: If President George W. Bush still was the commander in chief, would she be fighting the deployment?

  90. avatar
    misha September 14, 2009 at 11:31 pm #

    Which is what I have been saying all along.

    I’ll also go on a related tangent, as long as we are in this part of the woods. Conservatives bray about affirmative action. The beneficiaries of AA are usually minorities. I challenge conservatives to speak out with equal fervor, against affirmative action for the wealthy.

    When I lived in NY, I worked for an optometrist who wanted his son to be an OD also. He told me he made a $15K donation to a school’s endowment, and his son was admitted. The son failed out his first semester. My half-brother wanted to go to law school. He made a breathtaking donation to a school in San Francisco, and was admitted. And then there’s Bush. If anyone says he got into Yale on merit alone, I’ll laugh in your face.

  91. avatar
    misha September 14, 2009 at 11:36 pm #

    “To Orly, Rhodes is just a tool which she believes might allow her to get past the standing issue.”

    Orly is a refusenik, and like most, is petty and vindictive.

  92. avatar
    Bob September 15, 2009 at 11:24 am #

    Taitz files notice of appeal in Good v. Cook.

    I suppose it is the least she could do for him.

  93. avatar
    Dr. Conspiracy September 15, 2009 at 12:23 pm #

    Is there an authoritative source for this claim?

  94. avatar
    Dr. Conspiracy September 15, 2009 at 12:31 pm #

    Patriot’s Heart Network paid the fee, and got the full slap.

  95. avatar
    nBc September 15, 2009 at 1:40 pm #

    Major smackdown in DC Circuit Court

    “09/10/2009 2 [RECAP] 09/10/2009 2[RECAP] MEMORANDUM AND ORDER re 1 PETITION FOR THE CONVENING OF A FEDERAL GRAND JURY by PATRIOT’S HEART MEDIA NETWORK, INC., CARL SWENSSON, ROBERT DEBEAUX, ROBERT D. PINKSTAFF, PENNY KELSO. Petition is dismissed for lack of jurisdiction. Signed by Chief Judge Royce C. Lamberth on 9/10/2009. (zkb) (Entered: 09/11/2009) by PATRIOT’S HEART MEDIA NETWORK, INC., CARL SWENSSON, ROBERT DEBEAUX, ROBERT D. PINKSTAFF, PENNY KELSO. Petition is dismissed for lack of jurisdiction. Signed by Chief Judge Royce C. Lamberth on 9/10/2009. (zkb) (Entered: 09/11/2009)”

    and

    09/10/2009 4 ORDER granting 3 MOTION for Reconsideration re 2 Order of Court by Chief Judge Royce C. Lamberth denying leave to file presentments, by AMERICAN GRAND JURY. Petitioner’s motion for reconsideration is hereby granted and they are given leave to file their “presentments”, upon tendering the filing fee to the Clerk of the Court, however, should the fee be tendered the presentments will be dismissed as the petitioners lack standing to enforce the criminal laws of the United States. Signed by Chief Judge Royce C. Lamberth on 9/10/2009. (zkb, ) (Entered: 09/11/2009)

    Text at this site

  96. avatar
    Black Lion September 15, 2009 at 3:40 pm #

    Orly has a new screed at her house of horrors…It is very amusing stuff if you need an good afternoon laugh…

    “I was very busy flying red eye 5 times in so many days: twice to GA, once to DC and back and didn’t have time to respond to all the slander and defamation on the Internet.

    Arlene Williams, who has a web site InvestigatingObama.blogspot.com and Phil from TheRightSideofLife were defaming me, claiming that I lied about Judge Carter’s order. Please, look at the order page 2 line 3. It states”… Court encourages the parties to begin discovery before the scheduling conference” (scheduling conference is on October the 5th).

    why is judge Carter saying that- because I have to give Obama 30 days +3 days for mail and there is no reason to wait. On Sunday I submitted to the department of Justice electronically a proposed schedule of discovery. 33 days fall on October 17, I proposed deposition for October 19th Monday and left 4 weeks open, when I am available every day :weekdays and weekends, I will come to DC if need to be, to accommodate Obama and other defendants and witnesses.

    In response US attorneys representing the defendants have filed a motion to stay the discovery, meaning to stop it. The fact that they filed it, doesn’t mean anything. It doesn’t mean thet judge Carter will grant it, that he will say yes. As a matter of fact time and again in court, on the record judge Carter stated that he believes that this case needs to be heard in open court on the merits, that it should not be dismissed on technicality, that there is jurisdiction. So, they can ask to behead me, too and I am sure Obama and his sidekick Eric Holder will love it, but it doesn’t necessarily mean that judge Carter is going to say: Yes guys, go for it.

    Now, going to saboteurs, wolfs in sheep’s clothe, Obots dressed as patriots. You have those sites of investigating Obama by Arlene Williams, therightsideoflife by Phil, people having their little internet blogtalkradio shows and going by names Chalice, Hannen, Evelyn Adams, and a few others. They present themselves as patriots, concentrate movement around themselves, but when there is one real threat to Obama regime, they slander and defame a person who does the real work. After a year of this struggle I am the only attorney with clients who have real standing, I am the only attorney who was able to reach actual court hearings. Until now all the cases were immediately summarily dismissed, so now all these pseudo patriots are attacking one person who is doing the real work and who has the real chance of removing Obama from Office and do it now.

    Now look at the attorneys. Berg had two cases dismissed: one that he filed on his own behalf as a voter a year ago and one, filed on behalf of a 70 year old retired officer, where Berg was a middle man between attorney Lawrence Joyce, who has written the complaint and DC attorney John Heminway, who filed the case in DC. As with the first case, the second case was dismissed mostly for lack of standing, as the plaintiff could not demonstrate specific injury, he could not demonstrate that at age 70 he will be called for active duty under Obama. That is why I filed cases on behalf of Major Stefan Cook and Captain Connie Rhodes MD and others and more to come, where they were actually called to active duty in Afghanistan and Iraq and can show real injury.

    What did Berg do this year since January? He did nothing against Obama, he spent this whole year attacking me. Look at his web site. It is full of despicable slander and baseless garbage allegations against me. He filed a multimillion dollar garbage law suit against me and instead of concentrating on Obama I have to waste my time on Berg. Recently I saw that he filled out a page of supposedly a subpoena to the consulate of Kenya. It is just a joke. Why?

    1. Consul of Kenya has diplomatic immunity and he will simply throw it in the garbage

    2. Berg’s law suit was in Pa and it has nothing to do with Los Angeles and Central district of CA

    3. Berg’s suit was dismissed nearly a year ago, he doesn’t have any active law suit and can’t do any discovery

    4. when one appeals a law suit, that was dismissed and closed, the court of Appeals need to see if the judge made a correct decision based on the information available then. They will not entertain any new evidence, any new documents, even if the consul of Kenya were to provide anything.

    So, what did Berg do- just another stunt, more busy work, another illusion of activity, while doing nothing productive and simply wasting my time. By the way, the judge in PA was ready to dismiss Berg’s law suit against me and ordered Berg to show cause, why his law suit should not be dismissed due to lack of jurisdiction. The very last moment Berg filed 403 pages of more nonsense. Why? So that I will be busy with his garbage and wouldn’t have time to deal with Obama.

    Last point -Gary Kreep . It is very similar to Berg. Last year when I initiated Keyes v Bowen (secretary of state of CA), Drake and Robinson have recommended that I work with Kreep. Originally I thought it was a good idea, but soon I could see that he only creates an illusion of fighting Obama, but he is not really doing it. When we were supposed to file our case, he went to Vegas for a week and then to DC for the weekend. When we were supposed to be in court, he went to HI for 12 days and showed up 1 day before the electoral college meeting, scheduled the hearing for March, when it was too late to do anything against the Secretary of State and when Superior Court judge Keeney has dismissed it as moot.

    I encouraged Alan Keyes, Wiley Drake and Markham Robinson to file an emergency stay in the Supreme Court of CA (2 levels higher), I encouraged them not to waste time, suing 55 democratic party electors, as it was taking a long time to serve them and it was not necessary, I encouraged to utilize Vatel definition of Natural Born Citizen, which was the most beneficial for the plaintiffs. In response Kreep has written to them, encouraging them to fire me. Alan Keyes refused to fire me, but I saw that the case was stuck in the lowest possible court and is going nowhere, so I gathered a new group of plaintiffs and filed a new law suit Lightfoot v Bowen (on behalf of Gail Lightfoot, vice presidential candidate for Ron Paul on the ballot in CA). I filed for a stay in the Supreme Court of CA and from there I went to the Supreme Court of the United States and Chief Justice of the Supreme Court John Roberts agreed to hear the case in the conference of all 9 justices on January 23. Unfortunately on January 21, one day after inauguration someone has erased the case from the docket of the Supreme Court. Hundreds of people complained, it was reentered on the 22nd. I demanded investigation and I am still waiting for the results of that investigation as to who erased my case from the docket of the Supreme Court.

    Regardless, you can see as my case was in the highest court of the land, the first case, were Kreep was involved, was stuck in the lowest possible court, going nowhere.

    From November Kreep has sent numerous solicitations, under the name US Justice foundation (the whole foundation is one person-Kreep) He was saying:give me 5,00, give me 2,000 give me what you have,I’ll fight for you. I’ll file law suits every time Obama signs a law or an executive order. In reality he filed nothing. Absolutely nothing. I was the only one who was filing law suits and getting results. Now, when there is a possibility of actual judgment, Drake and Robinson make a new deal with Kreep. They will try to create an illusion of doing something productive, but I have been there, done that. I know where it ends. Fool me once shame on you, fool me twice, shame on me.”

    http://www.orlytaitzesq.com/blog1/

    Funny stuff…She also posted the order from the Court supposedly showing that Judge Carter did grant her early discovery…She totally misread what he wrote….Funny stuff…You can’t make this up….

  97. avatar
    Ima Foreigner September 15, 2009 at 4:08 pm #

    And in other breaking news – Lucas Smith has just posted the following on his youtube page:

    ‘Hello everyone. I am sorry but, I cannot work with Orly Taitz any longer. She wants me to lie under oath.
    Orly Taitz is not interested in the truth.’

    For added surrealism, I recommend listening to Ozzy’s ‘Crazy Train’ while reading Orly and Lucas’ writings. It makes it all flow quite nicely.

  98. avatar
    Black Lion September 15, 2009 at 4:18 pm #

    More like Lucas Smith was afraid of perjury…Kind of like our friend Larry Sinclair….Smith could not authenticate or substantiate that fake Kenyan BC and did not want to go anywhere near a courtroom…

  99. avatar
    Per Son September 15, 2009 at 4:20 pm #

    This is awesome – watching the Birfers eat each other up. I swear that Spike or E should start a Birfer reality show.

    It should be entitled “Birfed Up.”

  100. avatar
    AdrianInFlorida September 15, 2009 at 4:27 pm #

    Larry Sinclair is also accusing her suborning perjury
    http://larrysinclair-0926.blogspot.com/2009/09/affidavit-to-be-filed-with-federal.html

    Tuesday, September 15, 2009
    AFFIDAVIT TO BE FILED WITH FEDERAL COURT IN SANTA ANA TODAY
    I have tried to stay neutral in the cases of Orly Taitz and have even tolerated the attacks from her and her supporters. I will no longer. Orly Taitz needs to be held accountable and responsible for her actions and her actions need to be made public.

    I tired to be as polite as possible when explaining how I was contacted by Orly Taitz and what transpired on September 7, 2009 in personal meetings with her. Seems Taitz and her supporters have decided they need to engage in attacks and making false statements in a chat room by the name of “Tavern of the Ghost Spider” and other sites to try and keep up the FRAUD that I am now convinced Orly Taitz is engaged in.

    Allow me to correct one thing being claimed by Taitz and her marks: Orly Taitz at no time was in any airport with me and never once yelled at me anywhere. Now to make such claims is a bit telling as to her motives.

    Later today I will be faxing to the United States District Court in Santa Ana, California as well as to the U.S. Attorney’s Office an Affidavit informing Judge Carter that on September 7, 2009 Orly Taitz did knowingly and intentionally ask me to appear before his Court on September 8, 2009 and give knowingly false testimony for the purpose of obtaining “expedited discovery,” and to gain publicity for my book.

    I have made it clear from my first going public on YouTube January 17, 2008 that I will stand by the truth and would not allow anyone to misrepresent my statements nor would I be dishonest in any way. Orly Taitz as an officer of the court engaged in behavior that if allowed to go unquestioned will harm any and all valid claims made on Barack Obama’s eligibility now or in the future. In the words of an Orly Taitz supporter, “She can’t lie and ask others to lie at the same time accusing Obama of lying. Lets get to the truth but we have to be honest in doing so.”

    The sworn affidavit will be provided to other web sites for posting in ifs PDF format for downloading by anyone who wants a copy.

  101. avatar
    Dr. Conspiracy September 15, 2009 at 4:48 pm #

    People who will believe anything will…

    …will believe anything.

    Vain people are…

    …vain.

    Litigous people are litigous.

    Gullible people attract con artists.

    Is there any surprise here?

  102. avatar
    Rickey September 15, 2009 at 5:07 pm #

    Black Lion: She also posted the order from the Court supposedly showing that Judge Carter did grant her early discovery…She totally misread what he wrote….Funny stuff…You can’t make this up….

    The scheduling conference order looks to me to be a boilerplate order which is issued on every case before Judge Carter. In any event, as you pointed out, Orly seems to have missed the first part of the relevant sentence:

    Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, the Court encourages the parties to begin discovery before the Scheduling Conference.

    A motion to stay discovery already has been filed, and it is almost certain to be granted. In any event, regardless of what Judge Carter does with the motion to stay, there will be no discovery prior to his ruling on the motion to dismiss.

  103. avatar
    Bob September 15, 2009 at 5:37 pm #

    The scheduling conference order looks to me to be a boilerplate order which is issued on every case before Judge Carter.

    It is.

    Judge Carter FAQs.

    Order setting scheduling conference template.

  104. avatar
    Rickey September 15, 2009 at 6:56 pm #

    I wonder if Orly has read the part about counsel familiarizing themselves with Federal and local rules?

  105. avatar
    SvenMagnussen September 15, 2009 at 7:20 pm #

    Sinclair’s affidavit states he will appear at the hearing.

    “18. On the morning of Tuesday September 8, 2009 I emailed Orly Taitz and informed her I would be appearing at the hearing in Barnett V Obama, …”

  106. avatar
    SvenMagnussen September 15, 2009 at 7:38 pm #

    I can’t see any reason Judge Carter would stay discovery. I read the transcript with Judge Carter, Orly and the DOJ and every point was belabored over service of process.

    If Orly isn’t granted discovery, the case would be dragged out for years. If discovery is begun, the case can be put away in weeks.

    Judge stated he ran one of the quickest courts in the Nation and it was important for him to put this case away on the merits as soon as possible. If he wanted to drag it out, then he could have explicitly ruled against Orly on service of BO as an individual and let her appeal. That would have delay discovery for a year.

    One way or another, Judge Carter is going to get this through discovery and a ruling on the merits will be had.

  107. avatar
    Bob September 15, 2009 at 7:58 pm #

    I can’t see any reason Judge Carter would stay discovery.

    Because the case will get dismissed under FRCP 12(b)(1), 12(b)(6). Just like every other case.

    No need to waste taxpayer money on a case that the court’ll dismiss.

    Dismiss for lack of jurisdiction is a decision on the merits, BTW.

  108. avatar
    sarina September 15, 2009 at 8:01 pm #

    There is another thing circulating. A friend sent me this email:
    Apparently the theory is if Obama was born in Kenya he would not be circumcised.
    So they want him to show his “long form” to prove he was born in US.
    Now the birthers want to see Obama’s weenie!
    lol!

  109. avatar
    Greg September 15, 2009 at 8:04 pm #

    He’s not going to break the rules for Orly. A court cannot proceed if there is no subject matter jurisdiction. That’s a threshold question for courts. The Government has, in their motion to dismiss, argued that there is no subject matter jurisdiction.

    Orly’s case that this is a case of utmost urgency is hurt by the fact that she could not serve the Government for more than 7 months, and now she appears to want to move the court to disqualify her co-counsel and appears to want to file another amended complaint!

  110. avatar
    Bob September 15, 2009 at 8:11 pm #

    Sinclair’s affidavit.

  111. avatar
    SvenMagnussen September 15, 2009 at 8:31 pm #

    Hopefully, Orly will cut and paste Kreep’s Opposition to Stay Discovery and erase Kreep’s name, bar number, address and put her information on it.

    It’s a dog eat dog world.

  112. avatar
    AdrianInFlorida September 15, 2009 at 8:35 pm #

    SvenMagnussen: I can’t see any reason Judge Carter would stay discovery. .

    You’re assuming it even gets that far, expect dismissal at the next opportunity.

  113. avatar
    nbc September 15, 2009 at 9:52 pm #

    Sure, she may sound smart but in the end even Kreep’s arguments will fail. Just look at how judge after judge has ruled that plaintiffs lack standing.
    In that light, the recent ruling by the DC Circuit in Re: Super Duper Grand Jury and Patriot Hearts v Obama is particularly of relevance.

  114. avatar
    nbc September 15, 2009 at 9:54 pm #

    If Orly isn’t granted discovery, the case would be dragged out for years. If discovery is begun, the case can be put away in weeks.

    That is illogical. How can a 4 week delay cause something that can take weeks now suddenly take years?

    And why order discovery if the plaintiffs so clearly lack standing, as the motion to dismiss so eloquently shows.

  115. avatar
    Dr. Conspiracy September 15, 2009 at 10:18 pm #

    The nObamas think that if they can find the right plaintiff they get past standing and on to discovery, proof and removing Obama from office. There are many other jurisdictional barriers because a court cannot remove the president.

  116. avatar
    misha September 15, 2009 at 10:19 pm #

    I know several people here in the States, who are not Jewish, and are not circumcised.

    Yes, it’s common here, but not universal among gentiles.

  117. avatar
    Greg September 15, 2009 at 10:19 pm #

    It’s better than what Orly (or her “law clerk”) write, but when she’s calling Obama a shaved monkey, that’s not hard to top. However, his arguments are like trying to put lipstick on a pig. Here’s a clue, given to us by Michigan Law Review – if these third party candidates couldn’t have won if Obama were taken out of the race, then they don’t have standing!

  118. avatar
    nbc September 15, 2009 at 10:25 pm #

    Don’t disappoint the true believers… Legal facts are unnecessary, remember how Carter promised to hear the case on its merits which can only mean that Obama is found to be a Usurper. There is no alternative… In spite of the facts

    Greg: It’s better than what Orly (or her “law clerk”) write, but when she’s calling Obama a shaved monkey, that’s not hard to top. However, his arguments are like trying to put lipstick on a pig. Here’s a clue, given to us by Michigan Law Review – if these third party candidates couldn’t have won if Obama were taken out of the race, then they don’t have standing!

  119. avatar
    Rickey September 16, 2009 at 12:19 am #

    Bob: Sinclair’s affidavit.

    And of course whatever Sinclair knows (or claims to know) about Obama and Donald Young has absolutely no bearing on Obama’s eligibility to be president.

  120. avatar
    nbc September 16, 2009 at 12:23 am #

    Nope but his affidavit has a lot to say about Orly and it does not look very pretty…

  121. avatar
    misha September 16, 2009 at 2:09 am #

    I think Orly’s train is finally going to be derailed.

  122. avatar
    milspec September 16, 2009 at 7:02 am #

    Well I was born at Jewish Hospital (now Barnes Jewish) in St Louis so my clip was sort of a forgone conclusion.

  123. avatar
    kimba September 16, 2009 at 7:17 am #

    You knew eventually it would come down to his weenie. These Republicans love them some Democratic weenie! Remember how gassed up they got over Paula Jones’ “description” of Clinton’s? “Ooooo, it had a freckle! Ooo, it leaned to the right.” Poor righties are so repressed.

    I read that speculation at freep and about laughed up my lunch with some of their contrivances: “All the baby boys in the early 60s were circumcised. It would tell us if he were born in a hospital in the US. No muslimfascistkenyancommieuncircumcisedmandingo in OUR White House.”
    Hope everyone heard what Jimmy Carter said last night on NBC: “It’s because he’s black.”

  124. avatar
    kimba September 16, 2009 at 9:07 am #

    Get your popcorn ready! You can’t make this stuff up. Apparently Lucas taped the meeting with the US Attorneys on Monday. he can’t stop spilling his guts. I think he’s looking for bus fare back to Iowa. From Lucas’ InspectorSmith youtube page:
    -I will explain more in regards to Orly’s demand that I lie under oath. There are several separate incidents. One involves Gary Kreep. Last week I was present at a discussion in Los Angeles with a US Attorney, and two law clerks / paralegals of Orly’s legal team. Gary Kreep was present telephonically. Kreep shut the whole thing down by informing the US Attorney that one of Orly’s paralegals was a disbarred attorney. Well, I didn’t know that it was illegal to record our conversation …. so…..there is a recording. Gary Kreep said some things that I couldn’t understand why someone on our side would say. I told Orly about it later and….
    -I told her that I was advised by ——– ———, that this was illegal, especially in California to tape conversations that would be considered private. Orly told me not to worry about it and that I should upload the sound recording to my youtube page for all to hear. Also that she wanted me testify at an upcoming hearing that she is setting up to get rid of Gary Kreeps. Orly said that she wanted me to testify that I had been approched by Kreeps in the past and that he had offered to buy the birth certificate I obtained in Africa and to pay for my testimony in regard to.
    -and Orly wanted me to testify to the effect that I didn’t sell the birth certificate to Gary Kreeps because I am was only using the eBay auctions as a tool to generate publicity for this cause and also that I felt that from Kreeps wording in his offer to buy the birth certificate that he wanted to do so only to bury the document so that it would never see a courtroom. LUCAS SMITH.
    -You might ask, Lucas, why didn’t you just tell her no? I did tell her no. As many of you are aware, I am just about out of resources. Orly is aware of this as well. She’s made my life tremendously difficult now. And as I’ve stated previously, this is just one of several incidents where Orly has asked me to lie under oath.
    -Again, thank you everyone for your support and patriotism. Most of you have been here on this page with me since my Ebay auctions. It is not my intention to offend anyone. Your support is noted and appreciated. However, Orly Taitz is not a patriot but rather a egocentric correspondence course attorney that would take up any cause that will aid her in the fame and $$$ that she is seeking. She uses a ghost writer, for lack of correct terminology, to write all legal filings in this case against Obama. She has no understanding of the law and changes her story and the story of others everyday. It almost sickening. And this is the savior and patriot of the free world. I’d rather be marched off to a FEMA camp before I sacrifice my integrity and work this pathetic movie star fame seeker dentist attorney. Respectfully, Lucas Smith.
    -

  125. avatar
    AdrianInFlorida September 16, 2009 at 9:27 am #

    Uh, oh, Orly’s not gonna like that /\

  126. avatar
    Black Lion September 16, 2009 at 10:18 am #

    So Lucas is willing to sell a fake Kenyan BC but when it comes to perjury he draws the line. And he makes the point that he has no money in his statement. It looks like he is fishing for some donations himself. It seems more like Orly didn’t come up with the promised funds for Smith so he is throwing her under the bus for some other opportunity to make some money.

  127. avatar
    Bob September 16, 2009 at 11:07 am #

    Well, I didn’t know that it was illegal to record our conversation …. so…..there is a recording

    As if committing a crime isn’t bad enough, who would be so stupid as to admit to that on the Internet?

  128. avatar
    Greg September 16, 2009 at 11:20 am #

    The TRO was denied and the case dismissed.

  129. avatar
    Greg September 16, 2009 at 11:21 am #

    Oh, and the court found the complaint to be frivolous and any future frivolous filings will subject counsel to sanctions!

  130. avatar
    Greg September 16, 2009 at 11:24 am #

    Footnote 3 from the decision:

    The Court 3 observes that the President defeated seven opponents in a grueling campaign for his party’s nomination that lasted more than eighteen months and cost those opponents well over $300 million. See Federal Election Commission, Presidential Pre-Nomination Campaign Disbursements Dec. 31, 2008, http://www.fec.gov/press/press2009/
    20090608Pres/3_2008PresPrimaryCmpgnDis.pdf (last visited Sept. 15, 2009). Then the President faced a formidable opponent in the general election who received $84 million to conduct his general election campaign against the President. Press Release, Federal Election Commission, 2008 Presidential Campaign Financial Activity Summarized (June 8, 2009), available at
    http://www.fec.gov/press/press2009/20090608PresStat.shtml. It would appear that ample opportunity existed for discovery of evidence that would support any contention that the President was not eligible for the office he sought.

    Furthermore, Congress is apparently satisfied that the President is qualified to serve. Congress has not instituted impeachment proceedings, and in fact, the House of Representatives in a broad bipartisan manner has rejected the suggestion that the President is not eligible for office. See H.R. Res. 593, 111th Cong. (2009) (commemorating, by vote of 378-0, the 50th anniversary of Hawaii’s statehood and stating, “the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961”).

  131. avatar
    Greg September 16, 2009 at 11:37 am #

    Some good bits:

    Then, implying that the President is either a wandering nomad or a prolific identity fraud crook, she alleges that the President “might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President.”

    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.

    The factual allegations must be sufficient “to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff’s complaint is not plausible on its face.

    Presumably, some other military doctor, who does not resort to frivolous litigation to question the President’s legitimacy as Commander in Chief, would be required to go to Iraq in Plaintiff’s place. Similarly, the doctor who Plaintiff is being sent to relieve and who has likely been there for months would be delayed in receiving his well deserved leave because his replacement seeks special treatment due to her political views or reservations about being placed in harm’s way.

    A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly disserve the public interest.

    He also rejects the fake Kenyan Birth Certificate, finding it not authenticated.

    And, he ordered Plaintiff to pay the defense costs!

    Orly, consider yourself smacked down!

  132. avatar
    Whatever4 September 16, 2009 at 11:43 am #

    Wow…. just…. wow… I like this judge.

  133. avatar
    Rickey September 16, 2009 at 11:43 am #

    Greg,

    I just finished reading the entire order. As you say, it is a serious Orly smackdown. And it’s time for Captain Rhodes to get her shots and pack her bags.

  134. avatar
    AdrianInFlorida September 16, 2009 at 11:55 am #

    Orly has to pay Defense costs? Bwahahahaha

  135. avatar
    sarina September 16, 2009 at 12:30 pm #

    Bravo! Another smackdown for the birthers!

  136. avatar
    kimba September 16, 2009 at 1:03 pm #

    The “either a wandering nomad or identity crook” line is the best one yet!! I thought I would have some ice cream for dessert with lunch, but that order had so much yummy goodness in it, I don’t need it! Wow.

  137. avatar
    NBC September 16, 2009 at 1:20 pm #

    We should thank Orly and Connie for filing a lawsuit which can now be presented to Judge Carter under ‘judicial notice’ :-)

    Who would have thought that Orly’s own filings would become precedent…

    This is big… Not only was the Kenyan BC thrown out but also the issue of standing was addressed.

    2 DC cases, 2 GA cases, all rejecting standing.

    Judge Carter will have a hard time ignoring precedents, even though they are outside his Circuit.

  138. avatar
    sarina September 16, 2009 at 2:13 pm #

    Rickie or somebody

    Do you have a link of order where I can send it to the birthers, they don’t believe me.

  139. avatar
    dunstvangeet September 16, 2009 at 2:27 pm #

    While they’re not technically case law that he’s bound by, they are what are called “case on point”, which means the argument that was done in another jurisdiction. For instance, Lynch v. Clarke would be a very strong case on point. And judges do not like creating those things of “Well, in the 9th Circuit, it’s this way, but in the 2nd Circuit, it’s the complete opposite.”

  140. avatar
    Chris September 16, 2009 at 2:30 pm #

    A link to the opinion:

    http://nativeborncitizen.files.wordpress.com/2009/09/gov-uscourts-gamd-77605-13-0.pdf

  141. avatar
    Rickey September 16, 2009 at 2:30 pm #

    sarina: Rickie or somebody
    Do you have a link of orderwhere I can send it to thebirthers, they don’t believe me.

    http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.77605.13.0.pdf

    You need Adobe Acrobat to read it.

  142. avatar
    AdrianInFlorida September 16, 2009 at 2:37 pm #

    The comments on her facebook page are priceless. They refuse to accept that these cases are about actual case law, not about the law as Birthers intrepret/wish it, or what Orly Says it is.

  143. avatar
    Rickey September 16, 2009 at 2:52 pm #

    Judge Land has formally entered judgment in favor of the defendants.

    http://www.scribd.com/doc/19814701/RHODES-v-MacDONALD-14-JUDGMENT-in-favor-of-Defendants-esl-Entered-09162009-Govuscourtsgamd77605140

  144. avatar
    nbc September 16, 2009 at 3:13 pm #

    Yes, pretty devastating and in addition plaintiffs are ordered to pay cost to the defendants.

  145. avatar
    Mark September 16, 2009 at 3:32 pm #

    I like the AOL “poll” they used. Too funny.

    “AOL poll 85% of Americans believe that Obama was not vetted, needs to be
    vetted and his vital records need to be produced.”

  146. avatar
    Rob in Denver September 16, 2009 at 4:42 pm #

    The reference to Alice in Wonderland was pretty good, too.

  147. avatar
    dunstvangeet September 16, 2009 at 5:07 pm #

    My absolute favorite line from the decision: “Unlike in Alice in Wonderland, simply saying something is so does not make it so.”

  148. avatar
    Dr. Conspiracy September 16, 2009 at 6:37 pm #

    If it were not for this fallacy, there would be no birther movement.

  149. avatar
    Rickey September 16, 2009 at 9:14 pm #

    Mark: I like the AOL “poll” they used. Too funny.“AOL poll 85% of Americans believe that Obama was not vetted, needs to be
    vetted and his vital records need to be produced.”

    Orly’s ignorance and incompetence are breathtaking.

    She doesn’t understand the distinction between an argument and a legal argument. She repeatedly throws in stuff which, even if true, has absolutely no legal weight. It’s like her repeated filing of the supposed multiple Social Security Numbers used by Obama. She doesn’t know the original source of that information, and she thinks that an affidavit from the private investigator who picked it up from Lexis-Nexis or Choicepoint or wherever is sufficient to get it into evidence. It’s not. It has zero probative value.

  150. avatar
    Paul September 17, 2009 at 11:48 am #

    The birthers, the tea baggers, the screamers, and the deathers continued extreme minority presence will become tiresome to mainstream America, if it has not already done so. To all the birthers in La, La Land, it is on you to prove to all of us that your assertion is true, if there are people who were there and support your position then show us the video (everyone has a price), either put up or frankly shut-up. I heard Orly Taitz, is selling a tape (I think it’s called “Money, Lies and Video tape”). She is from Orange County, CA, now I know what the mean when they say “behind the Orange Curtain”, when they talk about Orange County, the captial of Conspiracy Theories. You know Obama has a passport, he travel abroad before he was a Senator, but I guess they were in on it. In my opinion the Republican Party has been taken over the most extreme religious right (people who love to push their beliefs on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win. Good Luck, because as they said in WACO, “We Ain’t Coming Out”. I heard that she now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC).

  151. avatar
    Paul September 22, 2009 at 3:44 pm #

    We are all adults here, and as adults we know there are consequences for are actions, so if you do not agree with his policies, you can a) do nothing, b) support him, c) not support him, d) protest and picket, its your choice, live the dream! As for Orly Taitz, to this point she has not been successful because she does not have any proof, documentation supporting her claims except her wild rants. I would not bet the farm on this one. She has a mail-order-degree get someone with real credentials (Harvard, Yale Law School) not a Russian immigrant with dual US/ Israel citizenship (where are her allegiances?). Have you even thought of who is paying for all her travel, or are you telling me she independently wealthy? Sorry she has no juice because she does not have any proof, documentation supporting her claims except her wild rants. That might work in “Fake News” but not in a Court of the United States.

  152. avatar
    Dr. Conspiracy September 22, 2009 at 7:04 pm #

    Based on the house she lives in, I would say that Taitz is independently wealthy (possibly through her husband’s high tech medical software company).

  153. avatar
    Bob September 22, 2009 at 7:30 pm #

    Taitz’s initial reaction to sanctions OSC was that they don’t scare her. She also said these suits “self-financed” (i.e., she’s pick up the tab). For example, this month alone she’s been to Georgia twice and D.C. once. (Browse your favorite travel site to see how much that costs from Santa Ana.)

    Sounds like she’s got a wealthy husband underwriting her playing lawyer. Must be nice.