A bevy of documents have been uploaded to Scribd by the pseudonymous Jack Ryan including recent pleadings in the Taitz v. Democrat Party of Mississippi case removed to federal court. Orly Taitz amended her original ballot challenge to include new plaintiffs, defendants and a civil RICO lawsuit. Because of the federal questions involved, the Mississippi Secretary of State with the concurrence of the State Democratic Party removed the case to federal court. Taitz (frivolously) calls the removal “illegal.” The Secretary of State has replied, observing what I also observed: “Plaintiffs cite no facts or authorities supporting their arguments.” Indeed it was just a lot of shouting and (if it’s possible in a written document) arm waving.
Once again, the Mississippi Secretary of State’s attorney is trying to get the case over and done with in the most expeditions way by filing a Motion and Memorandum to have the case against the SoS dismissed on the pleadings. The motion is largely procedural and jurisdictional in nature. Secretary of State Hosemann was not named in Taitz’s RICO complaint. For those not familiar with this lawsuit, the Memorandum provides a concise summary of the case history to date.
From the Democratic Party side, we see a motion to admit attorney Scott Tepper pro hac vice in the case (subsequently granted) analogous to a similar motion in state court. Tepper is believed to have considerable expertize in the esoteric legal field Taitz law and Orly Taitz has objected to his appearance in the strongest terms. The Mississippi Democratic Party Executive Committee has answered Taitz’s Amended Complaint. The answer can be summarized by the word that appears on page after page: “denied.” It also offers 9 affirmative defenses including the usual “failure to state a claim,” “lack of subject matter jurisdiction” and “lack of standing” – the bane of so many birther lawsuits.
As far as I know, the additional plaintiffs in Taitz’s Amended Complaint have not signed the complaint nor have the additional defendants been served.
It would appear to this non-professional bystander that the case against the Mississippi Secretary of State will be quickly dismissed for several technical reasons. While one might relish a tag-team battle between Taitz and Tepper/Begley, I think that one will be dismissed as well.
> Orly Taitz has objected to his appearance in the strongest terms
Orly must really be scared to meet an attorney who knows more about birtherism than just “oh, just some annoying wingnuts”. Maybe this is why she tried to turn this into a RICO case (prompting removal to federal court) and basically shoot down her “prreccciousssss” MS challenge? Or maybe I’m giving her too much credit; she probably didn’t even think of the consequences of going RICO…
Tepper was granted PHV yesterday.
From posts on Orly’s site, she still believes the case is in the state court. She refuses to recognize that the case has been removed to the federal court. She’s even firing off subpoenas and scheduling depositions!
As she is absolutely convinced her case is not in federal court, I doubt she’s going to bother responding to that pesky RICO questionnaire.
I wish Orly would focus yourself and her supporters on her Senate Bid. Because, if she can win it, she can file that objection with the Joint Session of Congress and we will really see the sh*t hit the fan then.
You go on wishing, john. It’s good to have dreams!
As a practical matter, I don’t think “focus” is one of Orly’s strong points. Of course I hope she spends more time on her court cases because it gives me more material to write about.
Note that it takes two challenges, one House and one Senate to suspend certification of the election.
She did, however, file an objection with the federal court to the removal. I think she’ll answer the RICO questionnaire and for some reason I have visions of it being hand written.
Maybe Orly thinks she can sue her way into both? 😉
I do hope that she files an answer because it is sure to provide hours of entertainment.
This article has been updated to note Scott Tepper’s admission PHV and the answer by the SoS to Orly’s motion for remand (not her words). Also some typographical errors have been fixed.
Text of Tepper admission order:
So you are conceding that Obama is going to be re-elected?
Orly will soon add the MS. AG and SOS to the RICO complaint.
In Orlylaw, by taking any action which prevents an election challenge from removing the Usurper from the ballot makes the actor a part of the corrupt organization of Democrats and their RINO Republican Usurper Enablers.
Fascinating how much in denial dear Orly is. But the notice of removal, even if the Federal Court will remand, has ended any State action on this issue in Mississippi. It’s that simple, and if Orly believes she can continue depositions in this case, then she will be surely disappointed.
But she has set herself up for a lot of costs when her star ‘witnesses’ refuse to abide by her invitation to join her in LA. The defense lawyers will have a field day here.
Orly better be working on her homework assignment, because I doubt that she will be able to properly plead RICO. Furthermore, Orly appears to be still confused as to who petitioned for removal as such a petition requires all defendants to sign on. Even if the SOS is not mentioned in the RICO, RICO was not the only cause for removal. Since Orly failed to properly file her election challenges, they may be remanded and dismissed by the MS State Court system or dismissed by the Federal Court but she will find herself in a lot of trouble with her RICO action, especially when she fails to properly plead her case. In the mean time, discovery is on hold and even if it were not, her depositions in CA will fail as the Clintons are under no obligation to show up and the local ‘witnesses’ have nothing but hearsay to contribute and thus their deposition will be stricken. And then the lawyers for the defense will be able to file for their cost which could easily run into the thousands of dollars.
There is no good way out of this for Orly, no matter how much she may want the case to just ‘go away’.
I doubt it she is hoping that he case gets remanded but that would just lead to dismissal in the State Court as she has failed to abide by the strict rules and timing. There is just no good way for Orly to have this case resolved other than by stalling and claiming that this is all part of a cover-up.
I got the impression that Betty and Veronica were all gung ho to do this. The Clintons, of course, have already consigned her “Notice” to oblivion. Anything recorded from the depositions will be totally inadmissable. Plus, Lena gets to pay for all this.
“Families is where our nation finds hope, where wings take dream.” – GW Bush
This will be the only post John will make here today. He doesn’t believe a word of it…..he just wants attention.
So let’s not give it to him.
Orly is now facing a response by the SOS to her notice of improper removal. Needless to say the SOS points out that 1) Orly failed to provide any supporting evidence for her claims 2) precedent rulings show that 28 USC 1441 applies to ‘any court’ including a Supreme Court and 3) there is no appeal at best an interlocutory question. Since the case was removed (at least at this moment) there is no interlocutory appeal for the Supreme Court to consider. And there is no ‘discovery’…
A nice gambit… Orly is way in over her head in this…
John who?
Dear John:
As one of her biggest and hardest hit fans, you exemplify the fact that it is only to her fans, that Orly’s sh*t sticks. Pity we sane courtroom observers downwind who know only too well, that as her filings increase arithmetically, her accumulation of failed legal theories has expanded excrementally.
Orly now thinks she is going to depose Occidental College! LOLOLOLOL!!
Give her a few minutes and I’m sure she’ll add Columbia and Harvard.
She’s still issuing these subpoenas under HInds County Court, where she is not admitted to practice law, in case anyone wondered. 😉
Give her some time, and she’ll depose Mickey Mouse.
Aaaannnndd the fact that she is still sending out these bogus subpoenas under Hinds County Court is yet more evidence that the stupid idiot doesn’t understand her case is in FEDERAL COURT.
My puppy could practice law more effectively than Ms. Taitz. Puppy learns from her mistakes. The other one? Not so much.
After all this time I still find it difficult to believe that Orly is a true believer and not just someone whose expensive hobby is playing Agitprop Peddler.
Nothing is ever resolved or moved forward — it’s always just around the corner. Everything is an emergency but then there are no consequences. She’s like a one-woman World Net Daily/Matt Drudge/Gatewaypundit.
Why is she bring up the Occidental-College-scholarship = foreigner Birther-myth now when it is so easily debunked and has been addressed over and over and over again for years? She has to know it proves nothing.
In the very beginning, Orly might have actually believed some of the crap she regularly spews.
But she became a national media figure overnight. She’s nice-looking and she makes great TV, including the craziness. It’s like a train-wreck; you can’t look away!
Somewhere along the line, Orly’s crusade became about staying in the public eye. She’s totally addicted to the attention. You can clearly see that. She regularly posts even unflattering pieces about her on her blog. She lately has resorted to resurrecting pieces about her that are 3 years old. She has a near breakdown any time that another Birther gets press.
She’s a a paranoid narcissist.
She’s actually the only Birther who is not, apparently, in it for the money. No, she just craves the limelight. And she’ll spend an astonishing amount of her husband’s money to stay there.
I’ve thought about this and I suspect that the things Orly says and does more than anything reflects the emails and blog comments from her followers. I think she is an approval-driven person.
She craves the approval, yes. But she cherry-picks the comments and emails and press pieces to find that approval.
Her latest post is basically this if the judge is honest and true and good she will stay in state court. If she is remanded then the court is corrupt and she is doomed to lose. What a way to set up your failure and blame it on corruption.
Judgeing by her inability to grasp how to ‘run’ a ‘case’ I can’t imagine she knows how to separate campaign donations from her PayPal marks from her Web Site support PayPal marks from her law suit PayPal marks from her personal cheque book from her husband’s cheque book.
I picture campaign finance law repercussions in the air as her shenanigans start getting more and more expensive.
Orly now believes that she is going to depose Marian Ko, the Data Control Coordinator at Occidental College.
http://www.scribd.com/doc/92288870/2012-04-03-MS-Cir-Ct-Notice-of-Deposition-Occidental-TAITZ
I hope that the Court sanctions her for abuse of process.
I love how in OrlyLaw a “deposition” witout legal standing is also a subpoena and demand for priviliged documentation without going through all that boring judge/court/challenge thing
Good reading here…Democrat Party MD complete with exhibits. Shoots holes in about every birther point. You can tell they added Tepper and he’s well-versed on opposing Orly and the birthers.
http://www.scribd.com/doc/92436040/2012-05-04-MDEC-Motion-for-JOP-with-Exhibits
Just a personal pet peeve here….it’s the DemocratIC party. An individual memeber of the party is a Democrat, but the proper name, and adjective related to the party is Democratic. Using the incorrect name Democrat party, in addition to showing a lack of respect to those of that party (can’t one even be bothered to address the party by its proper name), is a meme of far right wing hate mongers who try to put a stress on DemocRAT.
I will now step down from my soap box.
Sending a notice like this is not abuse of process per se. But since Orly’s MS case has been removed to Federal Court, such notices, especially signed by her as an attorney may be effectively used to get the courts to award her for her follies.
And I am convinced that Begley and Tepper are prepared to take this case all the way. And Orly will be busy filing responses to their motions for the next few months, or run the risk of ‘default’…
Combine that with running a ‘political campaign’ and one may understand why Orly has described herself as being ‘exhausted’ and the fun has yet to start.
You reap what you sow Orly. Enjoy.
And so many references to Orly’s failures to follow rules, to file illegible and poorly organized ‘exhibits’ that do little to further her case and much to undermine it, combined with other beautiful references and one may understand why Orly was so afraid of Tepper being admitted PHV.
She created a legal mess and now she has no choice but to see it through to the end, as anything else would certainly guarantee sanctions and cost. She has 3 responses due in this case, two of which are quite substantial and the time is running out.
This is going to be soooo enjoyable.
I wonder what OrlyLaw would look like when applied to the game of baseball. A double play would certainly be worthy of a RICO action, though I suspect the actual pitch would have been ineligible.
My comment was based upon the assumption that Orly has served subpoenas, or was in the process of service subpoenas, upon the non-party witnesses she intended to depose.
In any event, Orly’s proposed depositions are moot now because the Chief Justice of the Mississippi Supreme Court has stayed the state lawsuit “unless and until” the Federal Court remands it to the Circuit Court.
http://www.scribd.com/doc/92496878/2012-05-04-MS-SCOMS-Order-by-the-Chief-Justice-to-Stay-State-Action