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Dr. Conspiracy takes a vacation

I’m going on vacation this afternoon, returning the evening of July 5th. I will not have Internet access.You may now say “scrapbook” without automatic moderation.

The two articles I’m working on right now are Birther Math (part 8): Complex Numbers and Are “Birthers” for real? The first attempts to use advanced mathematics to explain birther estimates of Barack Obama’s legal fees. The second speculates about whether birtherism is a liberal plot to discredit the political right.

47 Responses to Dr. Conspiracy takes a vacation

  1. avatar
    Reality Check July 2, 2010 at 9:23 am #

    Doc

    Have a great vacation. I am really looking forward to your application of complex algebra to the birthers. They certainly reside somewhere off the real axis so you may be on to something.

  2. avatar
    Sef July 2, 2010 at 9:46 am #

    Reality Check: DocHave a great vacation. I am really looking forward to your application of complex algebra to the birthers. They certainly reside somewhere off the real axis so you may be on to something.

    i second that.

  3. avatar
    Saint James July 2, 2010 at 11:36 am #

    Please enjoy a well deserved rest.

  4. avatar
    sfjeff July 2, 2010 at 11:39 am #

    Have a great vacation. A good opportunity to say once again thanks for your site.

  5. avatar
    Lawyerwitharealdegree July 2, 2010 at 12:19 pm #

    Man, Doc takes a vacation and the Third Circuit comes down on Mario. Hard. Complete with an Order to Show Cause why he should not be assessed attorney’s fees for filing a frivolous appeal. Have a great vacation Doc!

  6. avatar
    Reality Check July 2, 2010 at 12:32 pm #

    There is lots of good stuff in the ruling. The final footnote is telling:

    We also note with concern that Appellants failed to cite Berg in their opening brief. See, e.g., N.J. Rule of Professional Conduct 3.3(a)(3) (“A lawyer shall not knowingly . . . fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client. . . .”). AlthoughB e r g was filed only some two months before Appellants’ brief, it is unlikely it had not come to their attention given the identity of the issues.

    Remember Mario telling us how the Berg case didn’t apply? The judges seem to differ with that opinion.

  7. avatar
    Rickey July 2, 2010 at 1:04 pm #

    I posted a brief comment on Mario’s blog, simply reporting that the appeal has been denied at that Mario has been ordered to show cause why he should not be sanctioned.

    I wonder if it will survive moderation?

  8. avatar
    Bovril July 2, 2010 at 1:13 pm #

    Ooooh there is some serious slap (SLAPP) down in the ruling, wonder if Puzzi boy is going to be as stupid as Orly and accuse the judeges of being traitors…..way to get them there sanctions doubled……..

  9. avatar
    SluggoJD July 2, 2010 at 1:20 pm #

    Rest up and enjoy the fireworks!

  10. avatar
    myson July 2, 2010 at 1:21 pm #

    Reality Check: DocHave a great vacation..

    I third that

  11. avatar
    Bovril July 2, 2010 at 1:46 pm #

    Sigh…….My questions didn’t make it past the Reality Distortion Fields at Puzo and The Pest….qu’elle suprise

  12. avatar
    Black Lion July 2, 2010 at 1:46 pm #

    Doc, enjoy your vacation….

  13. avatar
    Majority Will July 2, 2010 at 1:50 pm #

    Oh, and to all but the birthers . . . have a glorious 4th of July!

  14. avatar
    Black Lion July 2, 2010 at 1:58 pm #

    Majority Will: Oh, and to all but the birthers . . . have a glorious 4th of July!

    And Obama is still the President of the United States….That one will really get under their skin….

  15. avatar
    Rickey July 2, 2010 at 2:30 pm #

    Black Lion:
    And Obama is still the President of the United States….That one will really get under their skin….

    That is the most cutting blow of all!

  16. avatar
    Majority Will July 2, 2010 at 2:36 pm #

    Black Lion:
    And Obama is still the President of the United States….That one will really get under their skin….

    ROFL!

    And “Generalissimo Francisco Franco is still dead.”

    http://en.wikipedia.org/wiki/Generalissimo_Francisco_Franco_is_still_dead

  17. avatar
    Majority Will July 2, 2010 at 3:18 pm #

    “National Lampoon’s Dr. Conspiracy Takes a Vacation”

    Coming to a theater soon in RealD 3D!

    “Five stars!” – Mario Apuzzo

    “I laughed so hard I peed a little.” – Major General Paul E. Vallely (Ret.)

    “I missed the ending. They wouldn’t let me FENEESSH watching. I blame the usurper!” – Orly Taitz

    “This movie will not be eligible for any awards until I personally approve all documentation!” – Phil Berg

    “You can’t prove I loved this movie!” – Charles Kerchner

    “There was a full house and not a dry eye!” – Leo Donofrio

    “I’ll need to see this a few more times!” – Ron Polarik

  18. avatar
    sarina July 2, 2010 at 3:32 pm #

    Have a great vacation!! Happy 4th of July!

    Thank you for this great site!!

  19. avatar
    thisoldhippie July 2, 2010 at 3:39 pm #

    I may not post on here very often – but I’m always reading!!! It’s my favorite site. Happy 4th to all and Doc – have a great vacation.

  20. avatar
    J. Edward Tremlett July 2, 2010 at 4:48 pm #

    Happy vacation, Doc. I’m afraid your favorite hobby will be waiting for you when you return 😀

  21. avatar
    Expelliarmus July 2, 2010 at 5:30 pm #

    Reality Check: Remember Mario telling us how the Berg case didn’t apply? The judges seem to differ with that opinion.

    Just a brief comment on the legal ethics involved. If Mario seriously felt that Berg was not controlling in his case, he should have cited the case in his opening brief as well as presenting his argument distinguishing it. In other words, he should have started off with “This case is different from Berg, because……..”

    In the real world, where lawyers are litigating serious cases, that is tactically far better as well — as any lawyer should be able to anticipate the cases that will be cited by the opposition. To fail to cite and distinguish the precedent at the outset is to set oneself up for an easy smack down.

  22. avatar
    bob July 2, 2010 at 5:35 pm #

    Expelliarmus: To fail to cite and distinguish the precedent at the outset is to set oneself up for an easy smack down.

    And sanctions.

  23. avatar
    Expelliarmus July 2, 2010 at 7:22 pm #

    bob:
    And sanctions.

    That’s true — but my point is that notwithstanding the threat of sanctions, a lawyer who wants to win their case will anticipate and confront precedent head on in their opening brief.

    There are occasions when precedent is overruled. The NAACP lawyers who litigated Brown vs. Board of Education all the way through the Supreme Court never faced a threat of sanctions, despite the clear authority of Plessy v. Ferguson — instead, the premised their litigation on showing why the Plessy holding was wrong. They understood that in order to win their case, they had to begin with a full-on assault of the controlling authority against them.

  24. avatar
    G July 2, 2010 at 9:07 pm #

    Expelliarmus:
    That’s true — but my point is that notwithstanding the threat of sanctions, a lawyer who wants to win their case will anticipate and confront precedent head on in their opening brief.There are occasions when precedent is overruled. The NAACP lawyers who litigated Brown vs. Board of Education all the way through the Supreme Court never faced a threat of sanctions, despite the clear authority of Plessy v. Ferguson — instead, the premised their litigation on showing why the Plessy holding was wrong.They understood that in order to win their case, they had to begin with a full-on assault of the controlling authority against them.

    All good points and that is how you would expect competent lawyers to build their case.

    However, as if it isn’t beyond obvious by now, ALL of the birther lawyers are fairly incompetent or mere wanna-be pretenders trying to play at being a lawyer. Absolutely none of them are actual “Constitutional Law” experts nor practice in that area, despite their frivolous birther escapades.

    For the few that are actual lawyers, Mario has demonstrated himself here, on his blog and especially with his cases before the courts to be severely deficient at even basic legal practices and nothing but a whiny, inept and incompetent hack lawyer. He may not be completely insane, like Orly, but he’s every bit as much of a bumbling dolt.

  25. avatar
    G July 2, 2010 at 9:08 pm #

    Happy Independence Day doc! Enjoy your well-earned vacation and we’ll welcome you back to the fun next week.

  26. avatar
    Sef July 2, 2010 at 9:16 pm #

    G:
    All good points and that is how you would expect competent lawyers to build their case.However, as if it isn’t beyond obvious by now, ALL of the birther lawyers are fairly incompetent or mere wanna-be pretenders trying to play at being a lawyer. Absolutely none of them are actual “Constitutional Law” experts nor practice in that area, despite their frivolous birther escapades.For the few that are actual lawyers, Mario has demonstrated himself here, on his blog and especially with his cases before the courts to be severely deficient at even basic legal practices and nothing but a whiny, inept and incompetent hack lawyer.He may not be completely insane, like Orly, but he’s every bit as much of a bumbling dolt.

    In my albeit limited experience with lawyers (sitting on 2 juries & watching Norm Coleman’s lawyer’s antics) I am not much impressed with supposedly “good” lawyers. It might be that the attorneys had poor cases to start with & did the best they could, but I don’t think some of these guys deserve more than minimum wage.

  27. avatar
    mimi July 2, 2010 at 11:20 pm #

    This is fun:

    “Thomas Jefferson made slip in Declaration

    By LAUREN SAUSSER (AP) – 8 hours ago

    WASHINGTON — Preservation scientists at the Library of Congress have discovered that Thomas Jefferson, even in the act of declaring independence from England, had trouble breaking free from monarchial rule.

    In an early draft of the Declaration of Independence, Jefferson wrote the word “subjects,” when he referred to the American public. He then erased that word and replaced it with “citizens,” a term he used frequently throughout the final draft.”

    more…
    http://www.google.com/hostednews/ap/article/ALeqM5gPrsFQ9oTgvG87hzuGIQPgal6KqQD9GN2UH00

  28. avatar
    euphgeek July 3, 2010 at 9:00 am #

    Rickey: Surprise, my comment made it (at least for now). Of course, I change my user name so Mario wouldn’t realize that it came from me.

    I left a comment there as well but didn’t bother to change my user name. We’ll see if it makes it through moderation. I posted that Mario’s analogy of Obama claiming Hawaiian birth to a man claiming to be a millionaire but refusing to show how much money he has fails. I said it was more like a man who claims to be a millionaire shows you his bank statement which is backed up by the bank but you refuse to believe it until the man shows you a million one dollar bills.

  29. avatar
    Sef July 3, 2010 at 10:14 am #

    euphgeek:
    I left a comment there as well but didn’t bother to change my user name.We’ll see if it makes it through moderation.I posted that Mario’s analogy of Obama claiming Hawaiian birth to a man claiming to be a millionaire but refusing to show how much money he has fails.I said it was more like a man who claims to be a millionaire shows you his bank statement which is backed up by the bank but you refuse to believe it until the man shows you a million one dollar bills.

    More like the million one dollar bills turn out to be silver certificates & he doesn’t accept that because they were not printed in 2010.

  30. avatar
    euphgeek July 3, 2010 at 10:23 am #

    Sef:
    More like the million one dollar bills turn out to be silver certificates & he doesn’t accept that because they were not printed in 2010.

    Or he doesn’t accept the million one dollar bills as being money because they don’t say “Money” anywhere on them.

  31. avatar
    Dr. Kenneth Noisewater (Bob Ross) July 3, 2010 at 11:29 am #

    euphgeek:
    I left a comment there as well but didn’t bother to change my user name.We’ll see if it makes it through moderation.I posted that Mario’s analogy of Obama claiming Hawaiian birth to a man claiming to be a millionaire but refusing to show how much money he has fails.I said it was more like a man who claims to be a millionaire shows you his bank statement which is backed up by the bank but you refuse to believe it until the man shows you a million one dollar bills.

    Or until the guy pulls down his pants and shows the tattoo on his ass to Mario that says “I’m Rich Bitch!!!”

  32. avatar
    charo July 3, 2010 at 12:59 pm #

    Very excellent points. He still has a chance to distinguish the case, but what a tough job now to explain how it was so irrelevant that it didn’t deserve a mention even.

    Expelliarmus:
    That’s true — but my point is that notwithstanding the threat of sanctions, a lawyer who wants to win their case will anticipate and confrontprecedent head on in their opening brief.There are occasions when precedent is overruled. The NAACP lawyers who litigated Brown vs. Board of Education all the way through the Supreme Court never faced a threat of sanctions, despite the clear authority of Plessy v. Ferguson — instead, the premised their litigation on showing why the Plessy holding was wrong.They understood that in order to win their case, they had to begin with a full-on assault of the controlling authority against them.

  33. avatar
    bob July 3, 2010 at 1:44 pm #

    charo: He still has a chance to distinguish the case

    That ship has sailed.

  34. avatar
    charo July 3, 2010 at 3:33 pm #

    Doesn’t he have to come up with a response as to why he should not be sanctioned?

  35. avatar
    bob July 3, 2010 at 5:06 pm #

    charo: Doesn’t he have to come up with a response as to why he should not be sanctioned?

    Let’s see, Apuzzo could double down on the Berg-doesn’t-control loser of an argument, and be sanctioned a hefty amount. Or Apuzzo could eat some humble pie and admit he’s incompetent.

    Knowing Apuzzo, he’ll be opening his checkbook real soon.

  36. avatar
    Sef July 3, 2010 at 5:18 pm #

    bob:
    Let’s see, Apuzzo could double down on the Berg-doesn’t-control loser of an argument, and be sanctioned a hefty amount.Or Apuzzo could eat some humble pie and admit he’s incompetent.Knowing Apuzzo, he’ll be opening his checkbook real soon.

    Does anyone know how the N.J. Bar works for disciplining errant lawyers? I presume the Court will send a missive to them when the sanctions are ordered.

  37. avatar
    bob July 3, 2010 at 5:28 pm #

    Here’s the N.J. Rules for Professional Conduct.

    Here’s the N.J. Office of Attorney Ethics.

  38. avatar
    Expelliarmus July 3, 2010 at 5:49 pm #

    charo: .He still has a chance to distinguish the case, but what a tough job now to explain how it was so irrelevant that it didn’t deserve a mention even.

    I don’t think there is a case to be made in the area of sanctions. The best thing he could do is write a letter apologizing to the court, saying that it was a mistake but that he believed at the time that his case presented a different issue because of the procedural setting. But the more he belabors the difference,, the bigger hole he digs for himself in terms of sanctions.

  39. avatar
    bovril July 3, 2010 at 6:13 pm #

    Charo

    There are exactly two paths for Mario to take at this point

    1. Ooops (sane)
    2. TRAITOR (Orly)

    If Mario takes Path 1 he will potentially escape sanction from the court although no gaurantees, the court is talking COSTS and PUNISHMENT.

    If however he takes this path his Birfer love fest will end and his time in the putative spot light in Birferstan will be abruptly ended.

    If Mario takes Path 2 he WILL be scourged financially by the court AND he will be lucky not to eventually have his licence to practice law in NJ lifted.

    He will be the darling of Birferstan….for a short time. The land is at best short in long term memory as epitomised in the Lakin case…..once the potential of the precious “Discovery was plainly not likely he was dropped like an used snot rag.

    In addition Birferstan perceives itself as the plucky little scrapper and loves its martyrs but NEVER actually really supports them.

    In reality, Mario not only painted himself into a corner with napalm as the paint, he then doused himself in gasoline and threatens himself with a lit match…….

    No really nice way out…………

  40. avatar
    Majority Will July 3, 2010 at 11:11 pm #

    bovril: CharoThere are exactly two paths for Mario to take at this point1.Ooops(sane)
    2.TRAITOR (Orly)If Mario takes Path 1 he will potentially escape sanction from the court although no gaurantees, the court is talking COSTS and PUNISHMENT.If however he takes this path his Birfer love fest will end and his time in the putative spot light in Birferstan will be abruptly ended.If Mario takes Path 2 he WILL be scourged financially by the court AND he will be lucky not to eventually have his licence to practice law in NJ lifted.He will be the darling of Birferstan….for a short time. The land is at best short in long term memory as epitomised in the Lakin case…..once the potential of the precious “Discovery was plainly not likely he was dropped like an used snot rag.In addition Birferstan perceives itself as the plucky little scrapper and loves its martyrs but NEVER actually really supports them.In reality, Mario not only painted himself into a corner with napalm as the paint, he then doused himself in gasoline and threatens himself with a lit match…….No really nice way out…………

    The arrogance and false sense of entitlement of birtherism breeds martyrs.

  41. avatar
    misha July 4, 2010 at 1:03 am #

    charo: Doesn’t he have to come up with a response as to why he should not be sanctioned?

    Yes, he has to show cause why he should not be. Berg was sanctioned $10K, and had to take a 2nd mortgage on his house.

    Marshals are going after Orly’s assets. They’ll attach her bank accounts, and her car. If the dental practice is in her name only, they’ll seize that. If it’s a partnership, they’ll take her share. If her house is ‘tenants by the entiretly,’ it cannot be touched.

    I predict when the Marshals take action, she’ll flee to Israel – which is fine with me.

    When Meyer Lansky was being prosecuted, he fled to Tel Aviv, the Israelis finally extradited him.

    I remember a cartoon from that. Lansky was standing next to a limo, with a Mafia don next to him, hand inside his jacket. In the foreground were 2 Arabs; one said to the other, “he said his name is Meyer Lansky, and he’ll make us an offer we can’t refuse.”

  42. avatar
    kupuna July 4, 2010 at 2:33 am #

    Enjoy your vacation Doc! Keep up the good work! The Birther Limerick contest was fun. How about a Birther Haiku poetry contest?

  43. avatar
    J. Edward Tremlett July 4, 2010 at 3:21 pm #

    Tyrant Usurper!
    Negro Muslim Communist-
    PLEASE LET ME FEE-NEEESH!!!!!!!