Taitz sanctions, an editorial

Dr. Conspiracy

Dr. Conspiracy

I sat eating pizza at lunch time while reading Judge Clay D. Land’s order sanctioning Orly Taitz to the tune of $20,000.  He clearly thought long and hard about the matter, and devoted considerable study as to what was appropriate, and in preparing the appeals court for the inevitable appeal.

Judge Land did not put a dollar figure on the disruption to the court calendar, and the extra workload that Taitz’s “emergency” frivolous lawsuits have caused his staff and government attorneys, but it must have been considerable. I have written before about the cost  the people of the United States bear due to birther lawsuits (an article not well received by birthers who are used to blaming everything on somebody else).

While the language of the Order, at least to me, shows a clear sense of outrage over Orly Taitz’s behavior, it also seems  that Judge Land gets no satisfaction from the punishment. Citing another district judge, Land wrote:

Of all the duties of the judge, imposing sanctions on lawyers is perhaps the most unpleasant. A desire to avoid doing so is understandable. But if judges turn from Rule 11 and let it fall into disuse, the message to those inclined to abuse or misuse the litigation process will be clear. Misconduct, once tolerated, will breed more misconduct and those who might seek relief against abuse will instead resort to it in self-defense.

While some might be celebrating the “smack down,” my emotion, at least, is one of relief. It increases my hope that one tool of the smear campaign against Barack Obama (the frivolous lawsuit) may be entering its closing phase. I get no joy from Orly Taitz being punished, and honestly I don’t want to see anyone else similarly punished (whatever I may say when Mario Apuzzo gets my goat [no pun intended)]. Nevertheless, the courts are not there for political publicity stunts. These attorneys who file frivolous lawsuits must be reminded that they are officers of the court as well as advocates for their clients. If that worthy end is obtained, then the sanctions will be worth it.

About Dr. Conspiracy

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104 Responses to Taitz sanctions, an editorial

  1. misha says:

    If readers remember, I wrote at the very beginning that Orly will refuse to pay the fine.

    The next question is: what will she and her cultists do when the Feds begin to confiscate her property? If her house is in her spouse’s name, or if it is ‘tenants by the entirety,’ it cannot be attached. But anything that is simply joint, is subject to 50%. I am going to speculate that her dental practice, and the practice’s bank account is not jointly owned – which would expose all of it. I am also going to speculate that her car is either owned by her, or by her dental practice, which would expose it.

    So: will she flee next? She is looking at the loss of her practice, bank accounts, car, and disbarment. Quite a downfall. She cannot open another dental practice until the full fine is satisfied. I doubt she will be willing to practice in someone else’s office, which leads me to thinking Israel is her next stop.

    And I wrote before that refuseniks uniformly go for crackpot politics. See Avigdor Lieberman, and Sharansky.

    Opinions, anyone?

  2. euphgeek says:

    If it comes to that, I am willing to bet that her followers will gladly open their pocketbooks and help her pay the fine.

  3. misha says:

    No, I’m going to stick with refusing to pay. She cannot bring herself to writing the check. Now, she will start squealing like a stuck pig.

    I’m just afraid of a lone wolf.

    If she relents and pays it, I will stand corrected.

  4. G says:

    Yeah, I think she’s going to refuse to pay and just become even more obstinate.

    Birthers don’t learn from their mistakes.

    Reality makes no difference, because they seem defiantly unaware of reality.

    Whatever a sane person would do in this situation, expect her and her followers to draw the exact opposite conclusion and mix it up with an extra helping of crazy.

  5. Maybe this is all a ploy by Charles Lincoln to get Orly to deed everything over to him! 😈

  6. John says:

    From Land’s order:

    “Counsel and her followers certainly have the right, as citizens, to seek from their president proof of where he was born”

    I would love to know what Land means by that. He uses the word “Have” to indicate a post-election inquiry. Certainly, Land has indicated that certainly there is means by which citizens can question the elgibility of Obama (Proof of where he was born.) Of course, Land is certainly not going to reveal that solution to Orly or anyone else, but it is there.

    It might be fruitful to demand clarification of this statement from Judge Land.

  7. Paul says:

    Was $20K fine enough? Maybe when she becomes a real lawyer she will appreciate what just happened. I wonder if she is a mail order bride, just like her law degree?

  8. Benji Franklin says:

    Dear John,

    The judge says they have, “The right to seek….”. So nobody can stop them from asking nicely. But the judge is not saying to Obama that when they seek by asking, “You shall answer!”

    The right of a citizen to ask is free speech; so is Obama’s refusal to answer.

    “Mum” ‘s the word,
    Benji Franklin

  9. Joyce says:

    John: It might be fruitful to demand clarification of this statement from Judge Land.

    Orly has done enough demanding.

  10. aarrgghh says:

    john mused:

    certainly, land has indicated that certainly there is means by which citizens can question the elgibility of obama (proof of where he was born.)

    and certainly, in the filing of their many lawsuits, in being granted the opportunity to stand before judge land to be heard, counsel and her followers are already engaging in one of the means of doing so.

    as benji pointedly notes, the “right to seek” is not the same as the “right to have”. counsel and her followers are certainly entitled to, among other options, their day in court, something judge carter in santa ana is also pointedly willing to grant them, but counsel and her followers are not entitled to prevail — certainly not on the basis of outrage alone.

  11. misha says:

    She has a lot of skeletons in her closet.

  12. Slartibartfast says:

    I think she’s on her way to becoming an ex-lawyer, not a real lawyer…

  13. G says:

    LOL! I wouldn’t put it past him.

    If anything, his involvement as her assistant in writing her legal responses has just increased the contemptuous combative contentiousness in her actions.

    His assistance has made her frivolous muck more “legible”, noticeably improved in grammer and has increased the amount of “legalese” in her filings.

    However, it has not in any ways tamped down the bat-shit craziness in the content. If anything, it has dialed up the paranoia to 11 and often reads like the writer’s intent is to defiantly and crassly give the middle finger to everyone within striking distance; judges included.

    Anytime I read one of his ghostwritten motions for her, I can’t help but question if he secretly is doing everything he can to ensure she ends up being sanctioned, and as stiffly as possible. I suspect he is goading her on a lot behind the scenes, praying on her ego, prejudices, ignorance and mental instability.

    When this whole bizarre saga has become nothing more than a sad, laughable footnote in history, he is likely to be remembered as the albatross she wore across her neck.

  14. Expelliarmus says:

    Clarification:

    But it is clear that the Constitution does not contemplate that the judiciary will participate in the selection or removal of the President, unless an individual can clearly demonstrate that his individual constitutional rights are somehow violated by the process. A generalized claim that the President is unqualified does not fall within this narrow exception and is best addressed to the First branch of government, not the Third.

    — Judge Land (Order of 10/13/09, p. 28)

  15. Lupin says:

    I took that — in the context of other statements made in the ruling — to mean that someone may try to convince Congress to impeach the President if he/she have evidence of fraud, etc.

  16. Lupin says:

    Dr. C: “honestly I don’t want to see anyone else similarly punished (whatever I may say when Mario Apuzzo gets my goat [no pun intended)].”

    I think Orly is clinically insane, while Mario is merely meretricious, but in some ways, that is worse. Who here disputes Orly’s sincerity? Who here thinks Mario genuinely believes in what he argues?

    I think Mario deserves the same sanctions and I, for one, look forward to that day as well.

  17. aarrgghh says:

    from the columbus ledger-enquirer:

    orly taitz has the same freedom as her singularly unimpressive roster of clients — to stand on every street corner and claim, if she likes, that barack obama isn’t eligible to be president, that hers is a historic crusade, that she comes from a distant galaxy to bring justice to the primitive people of planet earth.

  18. kimba says:

    A Birther Cruise! Jan 9-16, 2010! I kid you not!

    http://www.sovereigncruises.org/liberty/cdfe/index.htm

    Headlined by Alan Keyes, Gary Kreep, Floyd Brown.

    And Oh, the irony.
    “U.S. citizens taking “closed-loop” cruises are not required to have a passport, but will need proof of citizenship such as an original or certified copy of a birth certificate, a certificate of naturalization, a passport card, an enhanced driver’s license (EDL) as well as a government-issued photo ID. Children are also required to bring proof of citizenship, and if 16 and over, a photo ID is also required.”

    Misha, are you and the Mrs busy that week?

  19. The Impeach Obama movement has already started:

    http://www.obots.org/archives/162

  20. Jody says:

    I wonder if a COLB will be sufficient as proof of citizenship?

  21. Black Lion says:

    What is even more funny is that Orly doesn’t mention the “judical smackdown” she received from Judge Land yesterday on her blog. I guess in her world if she doesn’t mention it then it didn’t happen. I am begining to agree with Misha that I don’t think she is planning on paying the fine. If she was I think she would have been “playing the victim role” on her blog and soliciting donations. It looks like she is putting all of her eggs in the basket of Judge Carter. I wonder how she will react when she doesn’t get the response she wants. Anyone want to guess we will hear that AG Holder was in Orange County right around the time of the hearing…

  22. kimba says:

    Yes Jody, indeed it would be. A COLB certainly is “an original or certified copy of a birth certificate”. But you’re better off getting a passport. I don’t understand why any adult in this country wouldn’t have a valid passport. Unless you’re crazy Eileen, carrying your copy of your birth certificate around in a baggie.

  23. A COLB is proof of citizenship, but not proof of identity.

    This is the hole in the process. The COLB doesn’t tell us whether the person in the White House is the evil Borbak Osama from Ivory Coast who killed Barack Obama and assumed his identity.

  24. misha says:

    Actually, my wife was born in China and did not come here until 1984. I’ve seen her US passport, but I’ve never seen her BC. Uh, oh.

    I do have a passport, because now it is necessary for Canada. When I lived in Buffalo, only a drivers license was necessary.

  25. kimba says:

    New at Leo’s site:

    “ATTENTION: New comment policy – only comments which rock my world will be printed. ”

    *Snort* I am not even going to spend a minute pondering what might rock Leo’s world. *snicker*
    http://ubirevera.blogivists.com/tag/leo/

  26. Jody says:

    I find the irony amusing that the very document they reject for President Obama would be sufficient proof of citizenship for their cruise.

  27. Bob says:

    The common retort is that they’ll just post it online; if that’s good enough for Obama, it ought to be good enough for the TSA.

  28. Greg says:

    I think they made sanctions too difficult to get I the most recent amendment of rule 11. I think that much of what mario has written fails to meet even a cursory good faith test. Lawyers are supposed to do at least some pre-filing investigation to determine whether their claims have some basis in reality. Of course we know that several of mario’s claims are revealed as bunk on less than five minutes of research – examples: Pakistan travel ban; effect of foreign adoption on citizenship. Other claims might take as much as half an hour to debunk – the notion that Vattel said “natural born citizen.” A few claims might even take an hour to debunk. But, there’s nothing in there that a reasonable lawyer would argue. And there are constitutional and procedural impediments that no reasonable lawyer would think were surmountable.

    I’m in the living room of a plaintiff, listening to him videotape his deposition because he won’t be alive when his case goes to trial. Wasting the court’s time is a serious offense that shouldn’t be downplayed.

  29. kimba says:

    Really? Geez, they don’t even travel enough to know not to f*ck with the TSA? Even mild sarcasm is not received well by the TSA. Strip searches for all of them I say!

  30. How about comments that sink his boat?

  31. Vince Treacy says:

    Leo just struck out again:

    Subject: Re Request for Ag Opinion letter
    From: “Jill.T.Nagamine@hawaii.gov”
    To: “Leo Donofrio” [email redacted]

    Dear Mr. Donofrio:

    No formal attorney general opinion was generated relating to the July 27, 2009 public statement made by Chiyome L. Fukino, M.D. Any other legal advice rendered to our clients is privileged communication. We have nothing to release based on your request.

    Very truly yours,

    Jill T. Nagamine
    Deputy Attorney General
    State of Hawaii

    Say goodnight, Leo.

  32. Catbit says:

    kimba: R… Strip searches for all of them I say!

    ummm.. eeywww

  33. wendy says:

    1st..I am grateful for your efforts to have a sane location to discuss this without being bombarded by the litany of fiction that is elsewhere.
    By herself.. Orly might be funny. Problem is that she has built herself a legion of groupies, who praise her, and will see any legal ruling as both more corruption, and martyrdom for her.
    And I personally read threats relating to Carter, if he should not cave in to their legal blackmail.
    Taitz and others have unleashed a dangerous mentality, where contempt and defiance is seen as patriotic and courage. I know Obama allowed it to run the legal system to avoid accusations of legal manipulation. Sadly, I think the harm is far from over.

  34. Bob says:

    Did you read the rest, where he says Fukino’s use of the words “natural born citizen” is a waiver of the privilege?

  35. kimba says:

    Didn’t she say the attorney general reviewed her statement? That’s different from asking for an opinion. That’s advice and counsel. Since it’s advice and counsel, then Fukino didn’t make public the conclusions of an informal opinion. Leo is trying to be clever and he’s going to get thumped. It plays to the faithful, to the Hawaiian legal minds, not so much. He’s not going to get anywhere. Maybe I should go try to rock his world with that thought.

  36. Bob says:

    It is such a pointless rabbit hole.

    Best case scenario for Donofrio is that the Hawaii DoJ wrote Fukino’s statement, and that the privilege was waived. What would a lawsuit reveal?

    That there’s vital data that proves Obama was born in Hawaii? — we already know that.

    That a DAG read Wong Kim Ark and from that concluded Obama was a natural-born citizen? Is that the smoking gun Donofrio’s looking for?

  37. JoZeppy says:

    I’ve acually been following her facebook page. There are two or three serious nutters on there. The kind who take her every word as gospel. There was one who cited her brief as proof that she’s entitled to a jury trial because of the sanctions, and she can use that to get discovery on Obama. Funny, but when I went to law school, the briefs of a losing party weren’t considered precedent. Funny how everyone there is suddenly a legal scholar without spending a day in law school (and goes for their correspondence school leader as well).

  38. DavidH says:

    Is there any word as to when Judge Carter will put an end to this foolishness?

  39. John says:

    People appeared to know Obama was born in Kenya even in 2004 when he was running for the Senate of Illinois:

    http://web.archive.org/web/20040627142700/eastandard.net/headlines/news26060403.htm

    Kenyan-born Obama all set for US Senate
    Sunday, June 27, 2004

    —AP

  40. nbc says:

    So people were wrong earlier than expected.
    Fascinating.
    So far of course, no evidence…

  41. Bob says:

    What’s this Kenyan newspaper’s source for this allegation?

  42. John says:

    It’s not a Kenyan Newspaper. It’s AP (Associated Press).

  43. John says:

    Yes, it appears to be a Kenyan Publication that was picked up by AP. Of course, all circumstancial evidence points Obama being born in Kenya. No real evidence has come to prove he was born in Hawaii; merely that his birth might be registered as being born in Hawaii but he wasn’t actally born there. This could explain Obama’s refusal to release any of the Vital Records and State of Hawaii’s stubborn refusal to cooporate in any way.

  44. richCares says:

    . Of course, all circumstancial evidence points Obama being born in Kenya. No real evidence has come to prove he was born in Hawaii;

    john, john, john, being totally wrong seems to suit you

  45. JoZeppy says:

    Funny how some idiots will grasp at an east african news story, mystery certificates that appear on the internet, and documents produced by known felons, but will ignore a document from the State of Hawaii that says he was born in Honolulu, the statements of the Republican state officials in Hawaii, news paper announcements at the time of his birth, and come out with “there is no evidence of his birth in Hawaii and all the circumstantial evidence points to Kenya.

    I guess it’s a testiment to the ablity of some people to convince themselves of the truth of the most rediculous propositions concievable.

  46. misha says:

    John: I think you are correct. The certificate proving your point is here.

  47. misha says:

    I have been fortunate to find another Kenyan birth certificate. We are very proud that a son of Kenya is your president. I was born in Mombasa, as some people in the States claim President Obama was. The denizens of the States are most fortunate.

    Please peruse it.

  48. nbc says:

    Actually real evidence that he was born in Hawaii is overwhelming.

    Shame on you for not having researched these facts.

  49. SFJeff says:

    Of course John clings to an obscure headline, but I bet he would reject everything else that this Standard prints such as:
    “…It is no longer about colour. Obama wants us to respect and nurture merit and excellence. And he is leading by example. Those who have hitherto played the “race card” and hidden behind the “victim syndrome” by blaming their shortcomings on racism have nowhere to hide. ”

    “Kenyans across the country on Tuesday united in following the US elections, where Barack Obama — whose father was Kenyan — was largely expected to win.”

    And of course this article, where a friend of Obama Sr. discuses his life, only mentions that Ann was his second wife, and that he returned to Africa with his third wife. http://www.standardmedia.co.ke/InsidePage.php?id=1143998542&catid=4&a=1

    Or this
    “Obama’s personal background as a product of at least three civilisations (American, African and Islam), with a wider multiculturalism in Indonesia, when he was a child, and in Hawaii, where he was born and spent much of his childhood.”

    http://www.standardmedia.co.ke/InsidePage.php?id=1144007420&catid=15&a=1

    By the way- I am now in love with the Standard. I am suspicious about the original article, but I love their actual site.

  50. Benji Franklin says:

    Dear JoeZeppy,

    It’s a combination of loony and purposeful mis-interpretation!

    Teflon Birther Logic

    Orly (wearing an earbud through which Leo is steering her argument,) upon receiving irrefutable evidence in court that Obama was born of two U.S. Citizens in Hawaii:

    “Well, not so fast, your Honor! Let’s read Article Two again:

    “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;

    “See? See there, your Honor? When the Framers meant ‘Citizen’ OF THE UNITED STATES, they said so! If they would have meant ‘natural born Citizen’ OF THE UNITED STATES, they WOULD HAVE SAID SO TOO! The Supreme Court reminds us that words were not left out of the Constitution for no reason! Therefore, the Framers’ wording requires for Article Two Eligibility a “natural born Citizen” of any nation EXCEPT the United States, so Barry Obama is ineligible to the Presidency BECAUSE he is, in your Honor’s own words, a “Natural Born Citizen” of the United States!

    “There’s surely nothing contradictory about the Constitution having Presidents who are “Natural Born Citizens” of any other nation SAVE THE UNITED STATES. Listen to that again, your Honor – “Save the United States” ! That’s my goal! But how can I achieve that and still be able to provide “Hi!” quality legal, dental, and realty services, while living in a headless state?”

    The Birthers have made me see that no founding document nor any guarantee of Liberty is safe against the demise of intellectual integrity.

    Benji Franklin

  51. Greg says:

    No real evidence has come to prove he was born in Hawaii

    Define evidence.

    In the law, evidence is any fact that tends to prove or disprove a proposition.

    Thus, the COLB is real evidence that Obama was born in Hawaii. As are the newspaper announcements. As is claim by Obama that he was born in Hawaii. As is the family story that he was born in Hawaii. As is the fact that no credible evidence is available that he wasn’t born in Hawaii. As is the fact that Kapiolani Hospital put a letter from Obama on their website acknowledging them as the hospital of his birth.

    There’s plenty of “real” evidence that Obama was born in Hawaii. Any “real” lawyer who had this evidence would gladly go into court with this evidence against the “evidence” that he was born in Kenya.

    Quick questions, Mr. Evidence, how much did a plane ticket to Kenya cost in 1961? How long would the trip have taken? What airport did the pregnant Ms. Dunham fly into and out of?

  52. misha says:

    “Recommended Vaccinations for all travelers: Hepatitis A Typhoid, Yellow fever, Polio, Hepatitis B, Rabies, All travelers should be up-to-date on tetanus-diphtheria, measles-mumps-rubella, and varicella immunizations”

    A pregnant woman would not be given this battery of shots. Sorry.

  53. misha says:

    “Yellow fever vaccine is…required for all travelers greater than one year of age arriving from…the Americas. Yellow fever vaccine…must be administered at an approved yellow fever vaccination center, which will give each vaccinee a fully validated International Certificate of Vaccination. The vaccine should not in general be given to those who are younger than nine months of age, pregnant…”

    http://www.mdtravelhealth.com/destinations/africa/kenya.php

  54. myson says:

    I am straining to understand what he’s trying 2 prove now !! he just keeps going round & round. Lets say even there was an amended on the bc does that negate the fact that Obama was born in Hawaii ? An amendment by definition can only be made once an original bc has already been approved & issued, a friend had to correct the mis-spelling of the name of his son on the bc, it doesnt changed the fact that a birth took place !!!!

  55. Kevin Bell says:

    Looking at john’s weblink I was able to find that the archive server is in San Frisco and not Kenya’s Standard archive. I search Standard’s Archive and could find nothing with Jack Ryan or Obama for June 27, 2004. Searching AP archive I did find a APNEWS Alert for June 25, 2004 that contain the following text.

    “Republican Jack Ryan says in statement he’s withdrawing from Senate race in Illinois to avoid a “brutal, scorched-earth campaign.”

    http://nl.newsbank.com/nl-search/we/Archives?p_action=list&p_topdoc=61

    I could find nothing with Kenya Born Obama from AP. I tried to use my Internet safe credit card to purchase those articles from June 25, but was unable to use my card.

    I feel pretty safe saying that John’s link is a forgery.

  56. misha says:

    It’s a forgery. Here’s the real Standard:

    http://eastandard.net/

  57. SFJeff says:

    But the article is already being touted across Birtherstan websites….

    After looking at real Standard articles and looking at the one from the archive, it doesn’t seem to match the formatting of the Standard. I am fairly certain it is a forgery, but i bet we will know for certain within a day or two.

  58. Bob says:

    Donofrio initially claimed he wanted to [put] the foreign-born myth to bed, to focus everyone on his two-parent theory. But now it looks like he just wants to make Hawaii look like the bad guys, to make his fans think that he’s fighting the good fight.

    Mission creep.

  59. Bob says:

    I’m not sure it is a forgery per se.

    archive.org runs the “wayback machine” (out of San Francisco).

    entering “http://eastandard.net/” into the wayback machine gives these results:

    http://web.archive.org/web/*/http://eastandard.net/

    Click on June 27, 2004, and here’s the Standard’s landing page for that day:

    http://web.archive.org/web/20040627044226/http://eastandard.net/

    Sure enough, the “Kenyan-born Obama” story has a link on that page.

    What I can’t find is any other organization that also ran this story, allegedly written by AP (that has no author). In other words, for a story that was “picked up from the wire,” there’s no evidence it was actually on the wire.

    I’m guessing the Standard doctored a similar story, and slapped AP onto it.

  60. Expelliarmus says:

    http://www.archive.org is a site that spiders the web and archives copies of old pages — the link to see the archives of the East African Standard is here:
    http://web.archive.org/web/*/http://eastandard.net

    By clicking various links you can see that the appearance of the eastandard.net has changed many times over the years.

    It’s an error, not a forgery. But the error can be attributed only to the East Africa Standard — not AP — despite the reference to AP in the article, there is no way to discern whether or not the article actually came from AP. (The Standard staff could easily have taken an AP source and done some embellishment of their own).

  61. Whatever4 says:

    It’s hard to believe that a Kenyan paper would originate the story and the AP pick it up, it’s an obscure Senate race. I’d believe that the AP published a story and The Standard picked it up and rewrote it. I’d feel better about their journalistic accuracy if they had spelled Obama’s first name correctly. Or if I could find it in their archive — who knows if a correction was done on a later date?

    Oddly enough, clicking on the side navigation comes up with different dates on each page. I can also never get back to the original story. Could be because the link is on WebArchive and not on The Standard, but my skeptical sense is humming.

  62. Lupin says:

    I remain stunned by the hatred, stubbornness and delusional qualities that the birthers evidence, day after day, no matter what.

    I can understand why some Americans would be, for a variety of reasons, good or bad, totally opposed to Obama. But LOSING an election is not the same as living under a tyranny.

    To quote Jon Stewart, it IS supposed to taste like a shit taco — and I dare say that the 8 years of the Cheney Presidency did taste that way to many people.

    To try to pretend, like Meretricious Mario, that one’s actions are driven by some abiding respect to the Constitution (or their interpretation thereof) is patently absurd, as none of these people took any steps to argue against, or protest, the numerous and often egregious violations of said Constitution under your previous regime.

    (Please read:
    http://www.scribd.com/doc/185259/Bush-Administration-vs-the-US-Constitution-Scorecard on the topic.)

    A civilized society is not a game of Calvinball.

    Lunatic Orly and Meretricious Mario, and their befuddled racist cohorts, should do what the American Left did for 8 years: piss and moan in the blogosphere, but otherwise play by the rules.

    I have been, during my lifetime, a close observer (through personal friendships) of the disintegration of two societies into chaos because of that very syndrome: Chile in 1973, when I was a Law School student, and the former Yugoslavia (esp. Sarajevo) in 1992.

    I certainly hope, pray, that the US won’t travel that road, but the lasting economic recession you are likely to endure for quite a few more years is a fertile ground for that kind of lunacy, and the degree to which your lunatics are armed is hardly a cause for comfort.

    I have nothing pithy or witty to add, really; only that I find that breakdown in your social consensus really very worrisome.

  63. Con Rep says:

    It’s an error, not a forgery.

    For birthers, it doesn’t matter. Anything, from any source, no matter how unreliable or questionable, is evidence! — as long as it supports their fantasies.

  64. jvn says:

    As has been mentioned before, Jet Schizo has fallen in love with being praised, so now he is simply wailing and gnashing his teeth at the DOH and DOJ in Hawaii in order to have something to blog about (and thus get that praise he craves).

    What seems to “rock his world” are posts that say things like: “Leo u r soooooo smart!” or “You are the bestest patriot 4ever!”

    🙂

  65. Welsh Dragon says:

    If we take Leo’s views at face value,the Fukino statement s/b irrelevent to him. But since he’s become involved in FOI/OIP issues he’s got more and more attention from birther posters- this feeds his ego and eggs him on.

  66. misha says:

    Two things: what will happen when the Marshals go to confiscate Orly’s assets? She has flatly stated she will not pay the fine.

    I have written about this with everything on this page.

  67. Lupin says:

    I love the cute Ann Coulter in Nazi cap drawing.

  68. wendy says:

    LMAO!!
    You have every right to be confused as to what is “evidence” and what is a well scripted hoax, to undermine a legal and valid US election. To paraphrase Judge Land, however..
    Taitz has the legal right to be stupid, too.. but DON’T BRING THAT SHIT INTO A COURT OF LAW.
    Obama’s refusal is explained by a rational explanation…
    You GOT a valid birth certificate online. If that isn’t good enough for you.. shove it where the sun don’t shine.
    And Hawaii’s job is not to screw around with delusional conspiracy nuts.

  69. Or comments that float his twinkie

  70. SFJeff says:

    Okay Expelliarmus, I followed it your way, and see how you got there. So it appears to be a genuine article.

    But what raises my suspicions is how was this article discovered? I couldn’t locate this article by any searches I could figure out. Already a couple of Birther sites are saying this is the one ‘headline’ that Obama didn’t manage to ‘scrub’. But the fact that a Birther found this ‘article’ in an obscure, unsearchable archive raises my suspicion.

    Was it found or somehow planted?

    Not that it really proves anything. Just a few days later, in an article actually identifying the writer the headline is:
    “Left’s face it, Obama is not our own’”

    Two more quotes that Birthers will not be using- even though it comes from the same Standard:

    “Simultaneous with Obama’s rising stature is the increasing desire by Kenyans to identify with him. Typical newspaper headlines and messages flying around the Internet tend to lead with the theme “Kenyan-linked”, or “Kenyan-American”, or even, erroneously, “Kenyan-born”.”

    “First, the only link that Obama has to Kenya is so tenuous as to almost be nonsensical. If you haven’t heard the story by now, the short version is that his father was a Kenyan scholar in the United States, who married an American woman, and left them when Obama was a toddler. He was brought up mainly by his grandparents and went through a difficult childhood and early adulthood, including a visit to Kenya to attempt to understand his now-deceased father.”

    There can be 300 newspaper articles talking about how Obama was not born in Kenya, but one headline to the contrary is enough to keep the Birther machine generating cash.

  71. Black Lion says:

    Yes the birthers are so desperate that they are using this article as proof that the President was born in Kenya. Amazing…

    Also from tROSL a poster is taking this “evidence” to the next level…

    “Phil… I told you that I posted this on several conservative websites last night. I’m going to paste one of the responses I received.

    “This gets more bizarre every day; now news articles carried by the Associated Press (AP) have surfaced, indicating that the press knew of Obama’s Kenyan birth long ago.

    Hence, the latest arguments being offered by the Department of Justice (DOJ)… are not one based on denying the allegations surrounding his native birth or rights to claim US CITIZENSHIP. No, the DOJ is now asserting that the Federal Courts do not have jurisdiction to remove a sitting President… that the case should be dismissed on that bases, before discovery or trial.

    It appears the cat is out of the bag and Obama’s defense understands they can not indefinitely forestall the revelation that America may have an Illegal Alien sitting as their President. Hence, the DOJ is now taking a new tack in the case; claiming the People and The Federal Court have no jurisdiction or Constitutional authority to try a sitting President as unqualified for office; regardless, of the alleged evidence or serious nature of the charges.

    The argument goes: That the Constitution provides that the Congress alone is able to remove a sitting President with its impeachment power. However, impeachment becomes utterly unlikely, if the alleged usurpation is not tried before the public… in a competent US Federal Court. Congress, would be compelled to impeach, if undisputed evidence regarding Pres. Obama were presented in open court and the court ruled that he was unqualified to hold the Office of President.

    It appears the DOJ has a Constitutional argument: Once a candidate is sworn in as President the only Constitutional method (lawful method) provided to remove the President is impeachment or his resignation. Obama is not going to resign. Then, the only Constitutional means to remove him from office, according to the DOJ argument, is impeachment. Impeachment by Congress is not likely to happen; without, evidence of the alleged usurpation presented before the public and a verdict of usurpation passed. Congress will continue with the cover up and denial of any allegations regarding Pres. Obama’s right to hold his office.

    Look for the DOJ to STOP discovery and the trial; based on the above Constitutional claim: that the Courts have no jurisdiction in this matter. I would not rule out an order from the US Supreme Court to move the case out of the 6th District or to have it summarily dismissed, as exceeding the Courts authority.

    What then, do the people do? The only thing they can legally do is to assemble in MASS… huge assemblies in every Capitol in this nation, including 10’s of millions in Washington, demanding the President resign, along with every sitting member of the Government… as the accomplices to his usurpation. Congress, The Administration and every Supreme Court Justice must resign if it is proven that President Obama is a Usurper… unqualified to be the President.

    Will the People do what is necessary to remove Pres. Obama and those who aided and abetted his usurpation from their seats of power if he is proven to be unqualified to be president? I doubt it. The people are not willing to take the risk, time, or actions necessary to remove the President or the sitting government which put him where he now sits.

    Even if the People assemble… They will be perceived as an unorganized rabble easily discredited by the National Media and easily dispersed; using, the law to bend the people to the will of the State. The People must UNITE FIRST… if they are to be successful.

    Americans of every political, ethnic, and social group must come together in agreement, if they desire to achieve the numbers and resolve necessary to unseat the current oligarchy of political power… These tyrants, WILL NOT GO PEACEABLY… It will take serious and determined assemblies, NATIONAL WORK STOPPAGES, and a leadership that is empowered to negotiate the People’s cause with the sitting Government.”

  72. JoZeppy says:

    What I love is that the fundamentally have no clue how the federal court system works. The Motion to Dismiss for Lack of Standing/Jurisdiction, etc, is not a “new argument” and has nothing to do with their purported evidence. Obviously, anyone being dragged into litigation wants to try to kill it as soon as possible, particularly before discovery (discovery is extraordinarily expensive, and you want to avoid it as much as possible). The earliest way to end a case is by a motion to dismiss (Rule 12(b) of the Federal Rules of Civil Procedure). Your options under rule 12(b) include claiming lack of jurisdiction (which includes standing) under 12(b)(1), and failure to state a claim upon which relief can be granted (12(b)(6)) and a few others inbetween. Under those rules, you’re pretty much saying either you have no right to sue me, or assuming everything you say is right, so what? You still have nothing.

    After that, you have to go through costly discovery, and your next chance to kill the case is a Motion for Summary Judgment, at which point you’re saying, there is no debate over the facts of the case (settled by discovery, so you claim), so under the law, I should win…and you argue the legal merits of your case. This is the point you discuss the legal merits of your case.

    So why is it so hard to believe the government is always trying to avoid arguing the substance of the case? It has nothing to do with the quality of evidence, it has everything to do with trying to kill a meritless case for as little monetary investment as possible.

  73. Rickey says:

    I found the original AP article in the L.A. Times archives. As everyone here (other than the birthers) suspected, the East African Standard version has been altered to add the part about Obama being “Kenyan-born.”

    Senate Candidate Quits Amid Furor
    By Maura Kelly Lannan, Associated Press Writer|June 27, 2004

    CHICAGO — Illinois Senate candidate Jack Ryan dropped out of the race Friday amid a furor over lurid sex club allegations that horrified fellow Republicans and caused his once-promising candidacy to implode in four short days.

    “It’s clear to me that a vigorous debate on the issues most likely could not take place if I remain in the race,” Ryan, 44, said in a statement. “What would take place, rather, is a brutal, scorched-earth campaign — the kind of campaign that has turned off so many voters, the kind of politics I refuse to play.”

    The campaign began to come apart Monday after the release of embarrassing records from Ryan’s divorce. In those records, his ex-wife, “Boston Public” actress Jeri Ryan, said Ryan took her to kinky sex clubs in Paris, New York and New Orleans, and tried to get her to perform sex acts with him while others watched. Ryan disputed the allegations, saying he and his wife went to one “avant-garde” club in Paris and left because they felt uncomfortable.

    Ryan said it was “truly outrageous” that the Chicago Tribune got a judge to unseal the records. “The media has gotten out of control,” he said.

    Top Illinois Republicans immediately began the work of selecting a new candidate. Their choice will be an instant underdog against Democratic state Sen. Barack Obama for the seat of retiring GOP Sen. Peter Fitzgerald. Obama held a wide lead even before the scandal broke.

    “I feel for him actually,” Obama said on WLS-AM. “What he’s gone through over the last three days I think is something you wouldn’t wish on anybody.”

    Ryan had faced mounting pressure to quit from party leaders, who met several times the last few days to discuss whether the campaign could survive.

    Ryan conducted an overnight poll to gauge his support. After reviewing the results, his advisors told him the only way to survive would be to wage a negative and expensive response.

    “Jack Ryan made the right decision. I know it must have been a difficult one,” said House Speaker Dennis Hastert of Illinois, who made his feelings known by canceling a fundraiser with Ryan.

    Ryan was a political neophyte, a millionaire investment banker who left business four years ago to teach at an all-boys parochial school in Chicago. He spent $3 million of his own money to win the primary.

    With his good looks and Harvard background, Ryan was seen as the party’s best hope for revitalizing the Illinois GOP, which lost control of the governor’s office and nearly every statewide office two years ago in the wake of a corruption scandal involving then-Gov. George Ryan. The former governor, who has since been indicted, is not related to Jack Ryan.

    During the primary, Ryan waved off rumors of damaging sex allegations in his divorce records, assuring officials there was nothing to worry about. But the Tribune and Chicago TV station WLS sued for the records’ release, and a California judge unsealed them against the couple’s wishes.

    http://articles.latimes.com/2004/jun/27/news/adna-ryan27

    Another version of Lannan’s article, dated June 26, 2004, can be seen here:

    http://news.google.com/newspapers?nid=348&dat=20040626&id=gAQHAAAAIBAJ&sjid=-zsDAAAAIBAJ&pg=6867,7970675

  74. Bob says:

    Thanks for the legwork. The big tip off was the mysterious attribution to simply “AP.” AP credits its writers, so the removal of the author indicated editing by the paper.

  75. Rickey says:

    Good point. Subscribing newspapers are free to edit AP stories, but they are still supposed to credit the AP reporter.

    If you Google “Jack Ryan Jeri Ryan Maura Kelly Lannan” you’ll find multiple versions of it, some with slight variations, but none of them mention Kenya. The key, of course, was to identify the writer. Once I had that, the rest was easy.

  76. Rickey says:

    It’s an altered AP story. The AP reporter, Maura Kelly Lannan, never mentioned Kenya in the original story.

  77. richCares says:

    as we all suspected, john’s version is making the birther rounds with great speed and excitement, how quickly these idiots fall for a phony story. The truth is that hating Obama causes brain damage, john is proof!

  78. Rickey says:

    I wonder how long it will take Orly to ask Judge Carter to take judicial notice of it!

  79. MS says:

    Lupin – Since I’ve spent a good deal of my life amidst the ill-educated semi-rural classes in both America and parts of Europe, I think I may be able to address some of your concerns by giving our current situation a more European frame of reference.

    If you are old enough, I’m sure you’ll remember the guys who used to sit around cafes in some areas of France, bemoaning the loss of French colonial possessions in Indo-China, South America and North Africa. (The loss of Algeria was a particular sore spot, I recall). How would such people react if a French-born Algerian were suddenly elected Prime Minister, particularly in the wake of the Firminy riots? You might well get a lot of belligerent crazy talk, perhaps even sporadic OAS-style violence, from some segments of French society.

    This sort of lunacy is common to all societies. Imagine the reaction to a Gypsy rising to power in Romania, or to a British-born Pakistani at 10 Downing Street. Any time a member of a perceived ‘underclass’ rises to a position of power in any country, it destabilizes the world view of a small part of the population. Such people are of course dangerous and capable of individual acts of violence, but rarely have the organizational skills to destabilize a society absent a charismatic leader. Neither Taitz nor Berg appear capable of leading a cow down a lane, much less actually heading a national movement.

    French society survived the 1954 – 1964 period (the fall of the Fourth Republic notwithstanding), lengthy periods of economic malaise, and last summer’s riots. As long as we have people such as Obama, yourself, and the good Doctor C. on our side, America will survive this irrational insanity. The birthers will never shut up, since logical arguments don’t address the root causes of their dissatisfaction, but I believe they have little chance of ever accomplishing anything.

  80. misha says:

    @MS: I think you are perceptive. Unfortunately, Europe has gone through a spasm of the worst violence in modern history, and have made sure it never happens again.

    What we have here in the States, is a little less than 1/3 of the population who cannot abide a black man as president, and feel disenfranchised. Some are more than just vocal about it: Waco, OK City and Pittsburgh.

    That 1/3 are white people who realize the country is changing, and are rebelling against it.

  81. thisoldhippie says:

    Leonard McCauley – the infamous “fisticuffs” idiot, has posted his letter to Judge Land on Orly’s Facebook. It is the most disgusting and vile piece of racism that I have ever read this side of the white supremacy printings so prevalent here in the south.

  82. JoZeppy says:

    Part of me finds it hard to believe that it’s real, it seems too over the top for it to be anything but someone trying to mock the birfers….but the fact that known Orly fans are applauding this racist rant makes it all to believable.

    But really….birthers aren’t racist…they just want to know the truth….yeah, whatever.

  83. thisoldhippie says:

    I thought that for a moment, too, but I’m just not sure. Something tells me this guy is for real because of the footnote in Judge Land’s order. Maybe he is one of those “reptilian” believers.

  84. MS says:

    Actually, my response was only to address Lupin’s concern about the possibility of a social breakdown or revolution such as happened in Chile in ’73. I think the parallels with the end of the French imperial period (between about 1952 and 1964 – well after WWII) are quite close – a ten-year period of almost constant wars (Algeria, Indo-China, etc.), economic and political turmoil, an attempted military coup, government-sponsored torture, political terrorism, – French society survived it all, which I think is a testament to the real greatness of the French people. The right wing unrest are witnessing as the so-called ‘American Empire’ fades into history is similar, but unlikely to destabilize American society in and of itself. I am probably a good deal older than the majority of posters on this site and I have seen much of this sort of propaganda before. Does anyone else recall the Americanism’ movement of the fifties and early sixties, which generated such gems of social and political thought as Welch’s “Is Eisenhower a Communist?” or Stormer’s “None Dare Call It Treason”? The birthers have nothing on these guys when it comes to irrational insanity, and they faded away without doing any real damage. I don’t feel Lupin need worry about a “breakdown in social consensus” – but I do agree with you that we all need to worry about the possible actions of a fanatic few inspired by this ranting nonsense – as it happens, I was in Oklahoma City, and I also recall the Kennedy and King assassinations. These are not things you forget. Frankly, my stomach will remain in a knot until Obama has served his two terms and safely and honorably retired.

  85. misha says:

    “they faded away without doing any real damage”

    McCarthy did real damage, before he finally self-destructed. Roy Cohn was detested until he died. Cohn made a career out of ruining the careers of others. Zero Mostel, among others, was black listed, careers were ruined, and there were suicides. I saw Woody Allen’s The Front. When I was in high school, I was called “a communist sympathizer, possibly a communist.” I considered that a badge of honor.

    “Frankly, my stomach will remain in a knot until Obama has served his two terms and safely and honorably retired.”

    I’m the same way: Medgar Evers, James Meredith, Dr. King, Vernon Jordan.

  86. Bob says:

    It does read like satire.

  87. Lupin says:

    An excellent historical analogy. I was 10 during the OAS days (born 1954) but my dad was in the Army and served in Algeria. Many friendships were broken over the dinner table because of De Gaulle’s controversial actions, which with the hindsight of history proved to have been brilliantly right.

    Times are different today, of course, although I always worry during times of economic crisis.

  88. Gee, I had never thought that I occupied a historically significant position 😉

    Certainly the fact that Barack Obama is black sits poorly with some segment of the population, and his presidency is a novel factor is US politics; however, it seems that the Obama Conspiracy Theories going around are not much different in kind from the constant rumble of conspiracy theories surrounding Bill Clinton during his 8 years in office.

    The impeachment movement that Floyd Brown is starting (redefining “high crimes and misdemeanors” as “bad behavior,” and “impeachment” as “recall”) bothers me more than the conspiracy theories. It’s easier (in my mind) to rally the nObamas around a fairly vague but plausible “Obama is doing a bad job since the world is not perfect,” than it is to say “Obama was born in Kenya” against solid evidence to the contrary. Up until now, those frustrated with the choice of a president could console themselves with the fact that within 8 years at the most, the administration will change. Now the right is being told “you don’t have to wait.”

  89. myson says:

    post it here pls some of us are not computer savy enough 2 risk going 2 Orly site

  90. thisoldhippie says:

    The letter is on Orly’s Facebook – written by Leonard McCauley. I’m sorry, but I cannot copy and past that letter. There is satire and then there is “I can’t believe you just said that.”

  91. Bob says:

    The Founders foresaw this, which is why they made impeachment a two-part process, with the final decision being left to those who aren’t as pressured by the voting masses (the Senate). And a supermajority required from them, to boot.

    This Congress isn’t going to impeach Obama. End of story. Let them waste time and run on being the NO party.

    Even if the Republicans somehow retake Congress in 2010, they won’t impeach either. DC is run by grown-ups. One of the first thing Pelosi did upon becoming Speaker was to say impeachment of Bush was off the table. Not because there no evidence of impeachable offenses, but she knew it was political suicide.

  92. Bob says:

    From Orly’s wall on facebook:

    U sir appear to be corrupt and irresponsible in administering ur duties as a Judge at any level.We have an oppurtunity to find out once and for all who or what this “Userper” is.

    If he is who and what he says he is, then OK and I will will g…ive him serious consideration.

    Right now, without proof, he is just another Animal Beast of the Field or shall I say “nigger”

    If “it” truly is in Office legally, then “it” would be the first well trained animal to hold the Office of President of the United States.

    If u accept my challenge, I would require a Birth Certificate and a Driver’s License to show who u r and prove u have not sent some “Ringer” in ur stead. I, of course will do the same…..U do have a Birth Certificate?

    Thank U-Obama would have to be “Human” for me to be a “Racist”Read More

  93. Black Lion says:

    What a sick piece of garbage…These are the people Orly and the others are “in bed” with. For every birther that claims it is not about race we can find at least a couple of others that are not shy about what the really feel. If you look at Orly’s site, you have posters like the so called 14th generation American or the Revolutionary War Hero Peter Fransisco. They way they use the subtle racism to imply that because they may have been in the US for multiple generations they are somehow better or more American. For that guy on Orly’s site it is all about race. It is truly amazing. Seeing people like that sometimes makes me ashamed to be an American. But then I realize that people like that are in the minority, no matter how much they claim otherwise. Which is a good thing.

  94. sunkawakan says:

    I find it hard to believe that Leonard McCauley, if he wrote that text, is human.

  95. Expelliarmus says:

    Clinton set himself up for impeachment because he couldn’t keep his pants zipped up. No matter what the conspiracist’s and the far right fringe could stir up, there was no possibility of impeachment unless and until Clinton did something outrageous enough to inflame public opinion against him. (Plus, of course, impeachment was only possible with a Republican majority in the House.)

    Obama’s biggest flaw is that he is overly cautious. It frustrates his supporters and leaves his detractors confused about where he stands. But it also makes for a clean record — he doesn’t make impulsive mistakes.

  96. misha says:

    Yeah, and race has nothing to do with it.

    Keyes is still licking his wounds from their senate race. The rest are white people who cannot abide a black man as president. Nothing more.

  97. Marc Elw says:

    Orly Taitz saya:
    “I need help in putting together $20,000.”
    “I have to file another case on behalf of a number of members of military, particularly ones that are about to be deployed, to show them that they can’t break us…”
    “After these sanctions I can demand a different judge because this one is obviously biased. No member of US military can take orders from this Kenyan- Indonesian dictator without violating his oath to protect the Constitution of United States of America.”
    “We need to remove from office this fraud and tyrant and everybody else in the government, who was aiding and abeting him. All of them will need to be prosecuted for aiding and abeting this massive fraud and treason”
    “I need more plaintiffs with strong standing in different states.”

    I suspect that $20k did not get Orly Taitz’s attention.

  98. Mary Brown says:

    Interesting. What do you suppose she will spend it on. Maybe paying her fine. Why $20k?

  99. milspec says:

    Bob, I would like to uprate your posting of this filth from Orly’s Wall ( I know you did it as a public service) but I just can’t.

  100. JoZeppy says:

    Orly might think she can demand another judge, but if she’s filing in the same district (1) I don’t think the court will grant her Pro Hac (2) she can demand a different judge, but she won’t get it, (3) all she will get is more sanctions.

    Please Orly…Please do file another case in the same district! There’s nothing I enjoy more than reading Judge Land’s orders slapping you with Samctions!

  101. Marc Elw says:

    I have not seen it here, but there was a rec post on Daily Kos last night, that Orly filed her notice-of-appeal her sanctions. Several pages of typical Orly. If I read it right, she skipped Judge Land’s office and filed directly with the appealete court.
    (unless i was spoofed by a fake doc)

  102. Bob says:

    The NOA is filed with batshirt, but Taitz did file it in the district court (and it looks like she even signed it).

  103. I ran across an interesting blog post titled “Washington Post Soft on Orly Taitz” from Brendan Nyhan, Assistant Professor of Government at Dartmouth College, writing about the Washington Post’s spread on Orly Taitz on October 6, 2009.

    At this point, the only reason to cover Taitz is to debunk some new claim she’s made that’s received mainstream attention. She should otherwise be ignored.

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