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Hawaii to Taitz: No

The State of Hawaii has refused to comply with the “subpoena” issued by erstwhile attorney Orly Taitz in the DC Freedom of Information Act case of Taitz v Astrue. In a letter to Taitz, Jill Nagamine, Deputy Attorney General of Hawaii, informed her that the State would not and could not comply with the subpoena.

Nagamine stated that the subpoena was not properly served and not valid under the Federal Rules of Civil Procedure Rule 45, but focused on the fact that the laws of Hawaii prohibit the disclosure of Barack Obama’s birth certificate (citing HRS §338-18) to Taitz.

When a non-party to a lawsuit responds a subpoena, there are a number of options including: filing a motion with the court to quash the subpoena, objecting to the subpoena, and seeking a protective order from the court. The State of Hawaii chose the second option, which is the simplest, and would require a subsequent action by a court to enforce the subpoena, which obviously they would not do for many reasons already discussed here. If Taitz is serious about the subpoena, I would think her next move would be to file a motion with some court somewhere, to enforce the subpoena.

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25 Responses to Hawaii to Taitz: No

  1. avatar
    GeorgetownJD June 14, 2011 at 10:34 pm #

    “If Taitz is serious about the subpoena, I would think her next move would be to file a motion with some court somewhere, to enforce the subpoena.”

    Since no court issued the subpoena she will find no court willing to enforce it. Orly issued the subpoena herself, despite the fact she is not admitted to practice before the United States District Court for the District of Hawaii and therefore is not an officer of the court.

    That won’t stop her from trying, however, so I’ve ordered up a case of gourmet popcorn.

  2. avatar
    richCares June 14, 2011 at 10:51 pm #

    what a suprize, another OMG moment down the drain!

  3. avatar
    J. Edward Tremlett June 14, 2011 at 11:14 pm #

    and they haven’t even gone to discovery, yet, either, have they?

  4. avatar
    Daniel June 14, 2011 at 11:59 pm #

    J. Edward Tremlett:
    and they haven’t even gone to discovery, yet, either, have they?

    She’s got several more legal hoops to jump before they even get to the possibility of “discovery”, none of which she’s going to be successful at.

  5. avatar
    richCares June 15, 2011 at 12:11 am #

    Orly sent a letter to Obama, it is as silly as you can guess:
    http://www.orlytaitzesq.com/?p=22772

  6. avatar
    nbc June 15, 2011 at 12:21 am #

    Orly’s understanding of issues of law never ceases to amaze me. So determined to be look like a fool…

  7. avatar
    US Citizen June 15, 2011 at 3:08 am #

    Orly gives a whole new meaning to the phrase “court jester.”
    With the magnitude of success that the Jewish race has achieved, it’s notable how reliably this woman is wired for failure.
    She just never wins.

    At this point, I think the CA Bar Assoc just keeps her around to serve as an example of how law, procedure and venue can’t be skated around.
    Or perhaps she remains to illustrate what happens when one takes law school by mail.

  8. avatar
    aarrgghh June 15, 2011 at 3:28 am #

    doc:
    The State of Hawaii has refused to comply with the “subpoena” issued by ersatz attorney Orly Taitz …

    fify …

  9. avatar
    The Magic M June 15, 2011 at 3:49 am #

    I suppose the next Orly-logical step would be to file a motion to find Hawaii in contempt of court. Wouldn’t surprise me…

    And on the birther front, Orly and others will spin this into “Hawaii refuses to comply with subpoena, this must mean there is no original birth certificate”. *sigh*

  10. avatar
    AnotherBird June 15, 2011 at 5:14 am #

    US Citizen: it’s notable how reliably this woman is wired for failure.
    She just never wins.

    She has never listened to why she keeps on losing.

  11. avatar
    Northland10 June 15, 2011 at 7:02 am #

    AnotherBird: She has never listened…

    I even recall CEL3 mentioning this as her biggest problem.

  12. avatar
    Reality Check June 15, 2011 at 7:07 am #

    The Magic M:
    I suppose the next Orly-logical step would be to file a motion to find Hawaii in contempt of court. Wouldn’t surprise me…

    And on the birther front, Orly and others will spin this into “Hawaii refuses to comply with subpoena, this must mean there is no original birth certificate”. *sigh*

    Yes, you know that is coming. To Orly the courts just are a PR tool. She knows she is going to lose every time but she will just blame it on the thugs, brown shirts, and corrupt judges. If the courts really want to keep her from being used in this fashion they will need to get her attention with a significant sanction of say $100,000 and a vexatious litigant designation, The time for admonishments is long over.

  13. avatar
    Scientist June 15, 2011 at 8:25 am #

    I love how the birthers always prattle on about national security. They seem to believe that the greatest superpower in the history of the world is actually a delicate hothouse flower that could be brought down due to a single President having 1 citizen parent rather than 2 or some such nonsense.

  14. avatar
    AnotherBird June 15, 2011 at 8:33 am #

    Reality Check: If the courts really want to keep her from being used in this fashion they will need to get her attention with a significant sanction of say $100,000 and a vexatious litigant designation, The time for admonishments is long over.

    Well at least it will give birthers more places to spend their money. I wonder if this has been lucrative for Taitz or does she just like the attention.

  15. avatar
    Majority Will June 15, 2011 at 8:43 am #

    AnotherBird: I wonder if this has been lucrative for Taitz or does she just like the attention.

    I doubt it does more than help pay for her expensive shoes and lunches addiction.

    Narcissism and racial bigotry and hatred, IMO, play the biggest roles. She despises the President for reasons other than policy.

    She does beg for money from her gullible fools regularly:

    re: copies of her latest legal folly

    milo tamez
    June 8th, 2011 @ 6:52 am
    I agree keep on pounding, something has to give. But this is only a comment, cant the copies be sent to US Senators and Reps. so all in all US Congress finally gets copies. Whatever you decide is good with me and friends thanks.

    dr_taitz@yahoo.com
    June 8th, 2011 @ 7:26 am
    Would you like to send it to them or pay for my staff to make copies and send to them? It is all expensive

  16. avatar
    The Magic M June 15, 2011 at 9:26 am #

    > re: copies of her latest legal folly

    I think she didn’t actually ask for money there; it was more a childish retort to the effect of “do you expect me to do your work?”. Funny if that’s coming from someone who always asks for others to do work for her (like “call the clerk and ask him to docket my filings immediately” or such nonsense).

  17. avatar
    JoZeppy June 15, 2011 at 10:39 am #

    Where is the master of all things legal that was trying to tell us that Hawaii was going to be forced to comply with this subpoena….oh wait, he was banned…I guess if he’s still reading, we can all give him a collective, “I told you so.”

  18. avatar
    AnotherBird June 15, 2011 at 10:51 am #

    The Magic M:
    > re: copies of her latest legal folly

    I think she didn’t actually ask for money there; it was more a childish retort to the effect of “do you expect me to do your work?”. Funny if that’s coming from someone who always asks for others to do work for her (like “call the clerk and ask him to docket my filings immediately” or such nonsense).

    I always thought that she got donations for to help pay her $20,000 sanction. I don’t think she get any more for anything else. In my honest opinion she loves the attention, that is the reason why she may have been very happy to receive the letter from Hawaii.

  19. avatar
    Paper June 15, 2011 at 11:08 am #

    Orly responded (in my mind): This country will never be a true democracy until you do what I say.

  20. avatar
    Majority Will June 15, 2011 at 11:17 am #

    AnotherBird: I always thought that she got donations for to help pay her $20,000 sanction. I don’t think she get any more for anything else. In my honest opinion she loves the attention, that is the reason why she may have been very happy to receive the letter from Hawaii.

    From her homepage:

    THANK YOU MS. SURBER FOR YOUR GENEROUS DONATION OF $100
    Posted on | June 14, 2011 | No Comments

    I doubt she still needs to collect for her sanction. Also, she and her husband are quite wealthy.

  21. avatar
    Majority Will June 15, 2011 at 11:23 am #

    The Magic M:
    > re: copies of her latest legal folly

    I think she didn’t actually ask for money there; it was more a childish retort to the effect of “do you expect me to do your work?”. Funny if that’s coming from someone who always asks for others to do work for her (like “call the clerk and ask him to docket my filings immediately” or such nonsense).

    Perhaps. It’s hard to read sarcasm sometimes. I thought it was more whining and a pity plea about how she was only the one making the effort and sacrifices with time, money and her resources.

    Re: (like “call the clerk and ask him to docket my filings immediately” or such nonsense).

    Putative attorney Taitz: “I am very busy. Can someone call the clerk of the court and check, why those documents were not docketed and would the clerk docket them today.
    (I really need help, as I have 10 patients one after another and don’t have time to call the clerks office and dit on hold forever. I actually have to work in my dental office to cover all my pro bono legal work)”

    More whining.

  22. avatar
    GeorgetownJD June 15, 2011 at 12:27 pm #

    If she doesn’t have the time to perform the tasks of a law practice, perhaps she should not be practicing law.

  23. avatar
    bjphysics June 15, 2011 at 2:24 pm #

    Doc,

    Is the word “section” meant to be “second”?

  24. avatar
    JoZeppy June 15, 2011 at 5:28 pm #

    Back on the wonderful world of Orly Taitz….the clerk filed her redacted Complaint, and Amended Complaint….and the court denied leave to file her Motion for default…because Orly still doesn’t have a clue what the Federal Rules of Civil Procedure are, and failed to include a certificate of service, so we have no clue if she served the government with her motion.

    And just more proof that wouldn’t know the Federal Rules of Civil Procedure if you beat her over the head with a copy, her redacted Complaint and Amended Complaint redact (barely at that…looks like someone halfheartedly crossed it out with a ball point pen) the last four numbers of the SSNs….however, Fed. R. Civ. P. 5.2(a)(1) state that only the last four numbers are to appear….so Orly does exactly the opposite of what she is supposed to do….and holy cow, she couldn’t come up with a better copy of her Complaints and exhibits? How does one come up with such a bad copy of those documents? I think I could get better copies off the interent…heck, probably off her own site.

  25. avatar
    Dr. Conspiracy June 15, 2011 at 11:55 pm #

    bjphysics: Is the word “section” meant to be “second”?

    Yeah, thanks.