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Taitz motion for sanctions in Mississippi

Birthers have tried every trick in the book to get a court to rule on the authenticity of Barack Obama’s birth certificate, without much success. A prime reason for the failure is that plaintiffs don’t have standing or they are trying to force a third party to determine authenticity when it’s not their responsibility. Orly Taitz has a new approach.

In the lawsuit styled Taitz v. Mississippi Democrat Party, attorneys Samuel Begley and Scott Tepper submitted copies of Barack Obama’s long and short form birth certificates in their “Motion to Dismiss on the Pleadings,” providing the court with readable copies in response to Taitz’s unreadable copies, and saying (emphasis added):

The Plaintiffs’ claim that President Obama is ineligible because of purportedly “invalid” “identification papers” is frivolous. The Plaintiffs have failed to even claim, or provide any factual allegations to support such a claim, that President Obama was not born in the United States. Moreover, the Court should take judicial notice of the fact that the State of Hawaii has fully verified that President Obama was born in Hawaii, as evidenced by the Hawaii Department of Health press release dated July 27, 2009, in which the Director states that he has seen the original vital records maintained on President Obama, confirming that he was born in Hawaii as a natural born citizen, and the press release dated April 27, 2011, in which the Director stated that she had seen the original birth records of President Obama, and thus attested to the authenticity of the certified copies of the long form birth certificate the Department provided to the President, that further proves the fact that President Obama was born in Hawaii.

Taitz claims that Begley and Tepper knew better than to represent the birth certificates attached to their Motion as authentic because she had provided them with evidence to the contrary. Taitz wants SANCTIONS for fraud! So now there is a substantive argument: did Begley and Tepper knowingly present fraudulent documents to the court? Taitz says:

Begley and Tepper requested for such forgeries to be accepted by the court for a judicial notice and ruling on the pleadings.

Actually, what Begley and Tepper asked the court to take notice of were the public press releases from the Hawaii Department of Health, not the birth certificates.

In any case, the Mississippi Democratic Party Executive Committee has moved to strike the entire sanctions motion with all its exhibits because it contains unredacted social-security numbers. Begley and Tepper take some time pointing out previous instances where courts have taken Taitz to task for this infraction of the Federal Rules of Civil Procedure, 5.2(a).

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21 Responses to Taitz motion for sanctions in Mississippi

  1. avatar
    John Reilly May 17, 2012 at 9:19 am #

    I’m not a lawyer, but from what I’ve learned in this process, is that a motion for sanctions is properly brought under civil procedure rule 11. Dr. Taitz’s motion cites no legal authority at all. And, of course, by starting off suggesting that if the judges do not rule her way they are criminals, she has pre-ordained the inevitable result.

    Separately, it does not appear that the motion was served on any of the other plaintiffs or on any of the defendants, according to the proof of service attached to it.

  2. avatar
    bovril May 17, 2012 at 9:35 am #

    Methinks that the dim light bulb that passes for Mad Ole Orly’s cortex is finally starting to grasp that real lawyers have been retained to nail her arse to the wall as a example, pour encourager les autres.

    Alas and alak, the only tool in MOO’s threadbare box of tricks is to vomit yet more unsubstantiated, legally indefensible, fact free sqalls of TRAITOR/USURPER/SSN/MOSLEM/KENYAN/YOU ARE ALL CORRUPT !!!!!!!!

    Mario the Putz had the marginal good sense to grovel and cavil when the court raised a motion to show cause why they shouldn’t sanction him. The probability that MOO would be capable of following this path, vanishingly small……… 😎

    My purchases in popcorn futures bode well for my financial futures……

  3. avatar
    Lupin May 17, 2012 at 9:57 am #

    Orly’s ship is totally free of rats; I wonder why.

  4. avatar
    Bob May 17, 2012 at 10:12 am #

    Orly submitted “exibits” not “exhibits.”

  5. avatar
    Majority Will May 17, 2012 at 10:55 am #

    Bob:
    Orly submitted “exibits” not “exhibits.”

    I thought they were zippits.

  6. avatar
    DaveH May 17, 2012 at 11:43 am #

    Bob:
    Orly submitted “exibits” not “exhibits.”

    I wonder if they were enlarged?

  7. avatar
    Dr. Conspiracy May 17, 2012 at 12:19 pm #

    Every time I look at that photo, I think of the same thing.

    Lupin:
    Orly’s ship is totally free of rats; I wonder why.

  8. avatar
    Horus May 17, 2012 at 3:24 pm #

    Makes me think her law degree came as a prize in a box of Cracker Jacks.

  9. avatar
    Rickey May 17, 2012 at 4:24 pm #

    It is pretty clear why Tepper has been brought into this. He knows as much about Orly’s legal follies as anyone and he is effectively using her prior failures against her.

  10. avatar
    Jules May 17, 2012 at 5:34 pm #

    Bob: Makes me think her law degree came as a prize in a box of Cracker Jacks.

    She also accuses her opponents in trying to have the court involved in “legitimaizing” a forgery.

    Would that involve having the birth certificate declared suitable for use in growing corn?

  11. avatar
    Majority Will May 17, 2012 at 6:56 pm #

    Jules: She also accuses her opponents in trying to have the court involved in “legitimaizing” a forgery.

    Would that involve having the birth certificate declared suitable for use in growing corn?

    Shucks! There’s a kernel of interest there. It would be ear-responsible to ignore.

  12. avatar
    realist May 17, 2012 at 11:35 pm #

    The DPM filed a Motion to Strike Orly’s Motion for Sanctions.

    http://www.scribd.com/doc/93832959/2012-05-16-MS-SDMS-Motion-to-Strike-Taitz-s-Motion-for-Sanctions

    http://www.scribd.com/doc/93915445/2012-05-17-MS-SDMS-Motion-to-Strike-EXHIBIT-1-Document-28

    http://www.scribd.com/doc/93916055/2012-05-17-MS-SDMS-Motion-to-Strike-EXHIBIT-2-Document-28-1

    http://www.scribd.com/doc/93916415/2012-05-17-MS-SDMS-Motion-to-Strike-EXHIBIT-3-Document-28-2

    http://www.scribd.com/doc/93916730/2012-05-17-MS-SDMS-Motion-to-Strike-EXHIBIT-4-Document-28-3

    http://www.scribd.com/doc/93917010/2012-05-17-MS-SDMS-Motion-to-Strike-EXHIBIT-5-Document-28-4

    Today the Court sealed it.

    Docket Text:
    TEXT ONLY ORDER directing Clerk of the Court to restrict from public access Plaintiff’s Motion for Sanctions; document contains unredacted social security numbers. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge Linda R. Anderson on 5/17/2012. (ACF)

    Whether any further action will be taken once the Court rules on the motion is yet unknown.

    Her “defense” to Judge Lamberth, for the same infraction, as I recall, is that the rule only applies to legitimate SS numbers and other identifiers, so she does not have to redact them. He, of course, disagreed.

  13. avatar
    nbc May 18, 2012 at 12:56 am #

    Round of applause to Begley and Tepper. Orly will surely regret the day she filed her follies in Mississippi…

  14. avatar
    nbc May 18, 2012 at 12:58 am #

    Rickey: It is pretty clear why Tepper has been brought into this. He knows as much about Orly’s legal follies as anyone and he is effectively using her prior failures against her.

    And there are plenty..

  15. avatar
    misha May 18, 2012 at 6:53 am #

    Horus:
    Makes me think her law degree came as a prize in a box of Cracker Jacks.

    Why, that’s nothing but a two bit ring from a Cracker Back Jox.

  16. avatar
    Majority Will May 18, 2012 at 7:30 am #

    nbc:
    Round of applause to Begley and Tepper. Orly will surely regret the day she filed her follies in Mississippi…

    If it was Louisiana, she would roux the day she filed her follies.

  17. avatar
    misha May 18, 2012 at 8:02 am #

    Majority Will: If it was Louisiana, she would roux the day she filed her follies.

    She would roux the day she filed her fauxlies.

    Laissez les bons temps rouler.

  18. avatar
    Arthur May 18, 2012 at 12:55 pm #

    Majority Will: If it was Louisiana, she would roux the day she filed her follies.

    And if it was Australia, she would ‘roo the day.

  19. avatar
    Majority Will May 18, 2012 at 1:04 pm #

    Arthur: And if it was Australia, she would ‘roo the day.

    😀

  20. avatar
    clestes May 20, 2012 at 7:00 pm #

    The legal world is closing in around Orly. I think that may be one of the reasons she is talking about running for senate. All talk of course, but another way to pull in money. She has a core support, but evn they have become disappointed with her endless court promises and the end less court losses. Worse than the losses. Her arguments about “they are out to get me” “judges bought off” are beginning to sound tired and over used.

    Plainly she is running out of options and Tepper is going to run her to ground and get her sanctioned, lose her license if not title a vexatious litigator.

    Now that will really hurt. If she has to rely on dental practice.

  21. avatar
    Greenfinches May 20, 2012 at 10:08 pm #

    clestes: If she has to rely on dental practice

    I can’t help feeling that her financial position would improve if she stuck to dentistry; if she had to rely on her legal skills to put food on the table, she’d really be on a diet……………