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Orly in Indiana

There was a time when this web site was just about all Orly Taitz articles. Lately, though, she just doesn’t get the Obot juices going like she used to. Today was Orly’s big hearing in Indiana, and I must admit I didn’t even look to see what happened until now, which is the last hour of the day. It wasn’t just me. While Orly garnered a few electrons for her appearance in Kansas on Monday, Google news has nothing about her hearing today.

So here’s something. As reported earlier, Orly Taitz and some others filed objections with the Indiana Elections Commission and presented a big pile of papers. The Commission was unsympathetic and rather blunt in their rejection of her nonsense. Orly, of course, sued and the result  is  a series of complaints in Taitz v. Indiana Elections Commission. Here is the Second Amended Complaint [PDF on Taitz web site].

Amos BrownAs with other recent cases, Taitz is escalating by adding defendants and causes of action. In this instance she is adding talk radio host Amos Brown (pictured right) of Indianapolis Christian radio station WTLC for defamation (he reportedly called her a “crazy, bigoted birther”). These defamation charges are very dangerous because of Indiana’s anti-SLAPP legislation that can make a plaintiff pay all of the defense costs of a frivolous defamation suit.

Orly was admitted as an attorney for this case pro hac vice. Some anti-birthers attended the hearing and you can read their reports of Orly’s loss at the Preliminary Injunction here, as well as listen to them at Reality Check Radio, which had an excellent program with legal analysis this evening that those interested will want to listen to.

If it is a legitimate frivolous lawsuit, the courts have ways to shut that whole thing down.

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45 Responses to Orly in Indiana

  1. avatar
    Sudoku September 27, 2012 at 12:46 am #

    Puhleeze (fingers and toes crossed) I hope the Court will shut this down. Did you see that piece of shinola the local sponsor (Gregory W. Black) filed in response to the SoS’s Motion to Reconsider PHV Admission? That is one nasty piece of “work”. (thanks to the folks at the Foxbow)

    http://www.scribd.com/doc/107069549/In-2012-09-21-Black-Response-to-SOS-Motion-to-Reconsider-Pro-Hac-Vi

  2. avatar
    Dr. Conspiracy September 27, 2012 at 1:50 am #

    Thanks for the link. I heard about it but hadn’t read it. Really weird; however, it prevailed. Taitz was admitted PHV.

    Sudoku: Did you see that piece of shinola the local sponsor (Gregory W. Black) filed in response to the SoS’s Motion to Reconsider PHV Admission? That is one nasty piece of “work”. (thanks to the folks at the Fogbow)

  3. avatar
    Slartibartfast September 27, 2012 at 3:31 am #

    Sudoku,

    I’m starting to think that the idea that Orly will get sanctioned any. day. now. is uncomfortably similar to the any. day. now. that frogs will march…

    If you want the story from the boots on the ground

    Sudoku:
    Puhleeze (fingers and toes crossed) I hope the Court will shut this down.Did you see that piece of shinola the local sponsor (Gregory W. Black) filed in response to the SoS’s Motion to Reconsider PHV Admission?That is one nasty piece of “work”.(thanks to the folks at the Foxbow)

    http://www.scribd.com/doc/107069549/In-2012-09-21-Black-Response-to-SOS-Motion-to-Reconsider-Pro-Hac-Vi

  4. avatar
    RuhRoh September 27, 2012 at 9:47 am #

    On Orly’s blog, she is once again flabbergasted and deeply offended that the defendants filed opposition to her motions. In IN she is upset that the defense filed the day before the hearing, calling it a “dirty trick”. In MS, she was upset that the defense filed quickly. There’s no pleasing Orly!

    She’s also requesting that the entire GA cast of characters join her in KS as the judge has indicated that he will hear witnesses. I wonder if this means that Orly will again appear as a witness? 😉

  5. avatar
    RuhRoh September 27, 2012 at 9:51 am #

    If anyone wants to hear Orly’s version of the events in IN, you can listen to her interview with Crosstalk Radio here: http://www.youtube.com/watch?v=hD8ZdDEnSis Orly comes on at the 2:00 minute mark.

  6. avatar
    john September 27, 2012 at 10:00 am #

    From Orly:

    I just got home after 4 days marathon in MS and IN and no sleep. I am writing a proposed order in IN.
    Deputy AG Jefferson Garn and Assistant AG Kate Shelby played a dirty trick yet again. They had my pleadings for 3 weeks and 1 day before the hearing the filed an opposition. After 2 nights without sleep in MS I had 2 more nights without sleep in Indiana and submitted a reply today in the morning. AG wanted the judge to rescind pro hac vice she gave me before and they wanted me removed from the case as a plaintiff, as I am not an Indiana resident. They attacked on two fronts in order to get rid of me as an attorney for 5 other plaintiffs and as a plaintiff. Judge Reid denied their motion. This is an outrage that in stead of upholding the law these attorneys for the office of Attorney General are engaged in attacks on a civil rights attorney who is doing the work that they failed to do.
    In regards to Obama I tried to get a decision today, I tried to get an emergency preliminary injunction to keep Obama off the ballot. Motion for injunction was filed before the whole case is heard, as an emergency measure. Those are extremely hard to get. In presence of some 50 supporters in the audience Judge Reid stated that she believes I have a valid case, she believes in my argument, but she needs strong evidence to issue an injunction. I desperately need Arpaio and Zullo to testify at the next hearing in Indiana
    After the hearing I gave an interview to the Associated Press reporter Tom LoBianco tlobianco@ap.org
    I also gave an interview to Crosstalk, a radio show that is heard at 92 Christian stations. They asked me why judges are not ruling in our favor, why are they allowing this flagrant criminality to go on. a lot of people are very angry. I said we need people like Arpaio to testify. They on their own accord found Arpaio’s phone number announced it on the air and people are calling Arpaio and demanding that he show up at my next hearing in Kansas on October 3rd. They are demanding answers from arpaio, why he did not show up in court when I subpoenaed him in 3 different states.
    Judge Hendricks in KS is very serious. He stated that he will allow witnesses to testify. I really need Arpaio to testify, as well as all the other witnesses who testified in GA
    I did not remove the criminal in the white House yet, but this is the first time a judge stated on the record that she believes this is a valid case and she believes in my argument.
    I also badly need donations. I hardly have time to work and I will have to pay for the airfare and hotel for the witnesses. I just checked the air fare for 2 witnesses. Their tickets will cost about $650 per person. This does not count hotel, car rental and so on.
    It is past midnight, I am very tired and need some sleep.

    Orly needs help! Please Donate! Orly is our last real hope to keep Obama off our ballots. Time is running out!

  7. avatar
    RuhRoh September 27, 2012 at 10:20 am #

    In the CrossTalk interview, Orly repeatedly said that she would have succeeded in getting an injunction if only Arpaio or Zullo had appeared in court with her yesterday. She and the interviewer implored all of their listeners to pressure Arpaio and Zullo to appear in IN, KS and MS.

    Karl Swihart was also interviewed. He said that the defense argued eligibility is a federal issue. Said the state-controlled media didn’t show up to the hearing.

    Bob Kern was also interviewed. He sounds a lot like Larry Sinclair, but less whiny. Considered the hearing a win for the plaintiffs. Comprehended that the judge didn’t accept Orly’s pile of paper into evidence. He also understood that the judge told Orly to learn the IN rules. Said Orly could win if she learned the rules.

    The interview concluded around the 40 minute mark and then they took calls.

  8. avatar
    Thrifty September 27, 2012 at 10:27 am #

    Speaking of Orly, what is this “great and historic victory in Georgia” she keeps going on about and selling DVDs for? Birthers are still zero out of whatever number it’s up to now. So I presume it’s some instance of being slightly less incompetent. Like if you box with Mike Tyson 144 times and get the snot beaten out of you 144 times, but on the 108th try you managed to dodge one of his blows and actually land a right hook before he continued pummeling you.

  9. avatar
    RuhRoh September 27, 2012 at 10:33 am #

    The very last caller to the radio show said that he had spoken with Arpaio’s office by telephone and was told that Arpaio does not want to be associated with Orly because she has been thrown out of court so many times that it would make him look bad.

    This is around the 49 minute mark.

  10. avatar
    RuhRoh September 27, 2012 at 10:35 am #

    Thrifty:
    Speaking of Orly, what is this “great and historic victory in Georgia” she keeps going on about and selling DVDs for?

    Orly feels it was a victory because she was able to present evidence. Birthers have an obsession with getting things “on the record”. The fact that her “experts” were found to be nothing of the sort and her “evidence” was unpersuasive is not an issue to her.

  11. avatar
    donna September 27, 2012 at 10:45 am #

    RuhRoh:

    birthers have complained that there has been no “trial”, “no evidence provided”

    from her website (emphasis mine):

    DVD of the HISTORIC TRIAL in GA (SHE LOST) and DVD of a HISTORIC TESTIMONY in NH (SHE LOST), where EVIDENCE WAS PROVIDED showing Obama using a forged birth certificate and a stolen social security number.

    her take on indiana

    Judge Reid in Indiana: I believe there is merit in this case, I believe in your argument, I need evidence for injunction, your case can be much stronger

    oh and

    I did not remove the criminal in the white House yet, but this is the first time a judge stated on the record that she believes this is a valid case and she believes in my argument.

    I also badly need donations. I hardly have time to work and I will have to pay for the airfare and hotel for the witnesses. I just checked the air fare for 2 witnesses. Their tickets will cost about $650 per person. This does not count hotel, car rental and so on.

  12. avatar
    Dr. Conspiracy September 27, 2012 at 10:54 am #

    If she’s sweating a few thousand in airfare, half a million in fees and costs is going to come as real shocker!

    john: I hardly have time to work and I will have to pay for the airfare and hotel for the witnesses. I just checked the air fare for 2 witnesses. Their tickets will cost about $650 per person. This does not count hotel, car rental and so on.
    It is past midnight, I am very tired and need some sleep.

    Orly needs help! Please Donate! Orly is our last real hope to keep Obama off our ballots. Time is running out!

  13. avatar
    The Magic M September 27, 2012 at 10:57 am #

    Thrifty: what is this “great and historic victory in Georgia” she keeps going on about

    The only thing she ever “won” – when Judge Malihi denied Obama’s motion to dismiss.

    Remember, if you’re a crank whose winning chances are precisely zero, even the smallest of successes must be inflated to “epic win”.

    john: They on their own accord found Arpaio’s phone number announced it on the air and people are calling Arpaio and demanding that he show up

    Priceless. Arpaio deserves any hassling from Orly’s flying monkeys that he can get. 🙂

    john: Judge Hendricks in KS is very serious. He stated that he will allow witnesses to testify.

    Why do I get the feeling this is another Orly lie trying to proactively explain away her next epic fail as “someone got to the judge”?

    RuhRoh: Birthers have an obsession with getting things “on the record”.

    Then why did Orly spend her entire time in the latest extravaganza with screeching and did not move to admit one thing into evidence?

    She probably lies awake at night trying to think of how she can fail best next time.

    She gives a whole new meaning to the quote “Ever tried? Ever failed? No matter. Try again. Fail again. Fail better.” 😉

  14. avatar
    donna September 27, 2012 at 10:57 am #

    john:

    she loaned her ca campaign $280,000

    my heart (doesn’t) bleeds buckets

  15. avatar
    Dr. Conspiracy September 27, 2012 at 10:58 am #

    Whatever Judge Reid meant by “valid case,” it was clear from repeated statements from the Judge that everybody must FOLLOW THE RULES. And by any measure, nothing Orly carries around as “evidence” is admissible. Off hand, I can’t think of anything Arpaio or Zullo could testify to. They know nothing first hand, and they aren’t experts. It’s one thing facing an empty chair like in Atlanta, but a wholly different thing facing a real attorney making objections.

    john: Judge Reid stated that she believes I have a valid case, she believes in my argument, but she needs strong evidence to issue an injunction. I desperately need Arpaio and Zullo to testify at the next hearing in Indiana

  16. avatar
    Bob September 27, 2012 at 11:05 am #

    Orly’s known for a long time that she has lost. Her quest has turned into NOT moving the ball forward while making court appearances. She’s playacting.

    What I don’t understand why she looks so disheveled. Has someone cut off her clothes and toiletries allowance?

  17. avatar
    Fazil Iskander September 27, 2012 at 11:06 am #

    It’s a great quote, from Samuel Beckett’s Worstward Ho, only there are no question marks in it:

    Ever tried. Ever failed. No matter. Try again. Fail again. Fail better.

    Orly’s not even failing better, though. It’s the same old same old, with her …

    The Magic M:

    She gives a whole new meaning to the quote “Ever tried? Ever failed? No matter. Try again. Fail again. Fail better.”

  18. avatar
    Paul Pieniezny September 27, 2012 at 11:36 am #

    RuhRoh: Thrifty:
    Speaking of Orly, what is this “great and historic victory in Georgia” she keeps going on about and selling DVDs for?

    Orly feels it was a victory because she was able to present evidence. Birthers have an obsession with getting things “on the record”. The fact that her “experts” were found to be nothing of the sort and her “evidence” was unpersuasive is not an issue to her.

    In legal reality, it is even worse. The Supreme Court of Georgia later dismissed the case on lack of jurisdiction as the courts have no right to intervene in the election of Democratic Party electors: that would be contrary to the law on freedom of association.
    http://www.scribd.com/doc/83539865/GA-2012-03-02-ORDER-Dismissing-Farrar-Swensson-Powell-And-Welden-Complaints

    As we all know, this decision was confirmed by SCOTUS. Since Orly was not involved in that appeal, she is acting as if it does not concern her, but of course it does.

    All Judge Michael Malihi did in this case is legally voided by the Superior Court decision, and Orly draggling stuff from that case (which she lost anyway) into other courts presenting them as court certified documents is in fact performing fraud on the court. And when she claims orally in court Obama did not obey her soup pinner in that case, she is perjuring herself.

    And still she gets PHV. Unfreakingbelievable!

  19. avatar
    Dr. Conspiracy September 27, 2012 at 12:38 pm #

    There was speculation among the attorneys on the Reality Check radio program (and perhaps it was just wishful thinking) that the judge granted PHV because it opened Taitz up to sanctions as an attorney that wouldn’t be application to a pro se plaintiff. The Court warned Taitz that she must strictly follow the rules and pointed her to her local counsel to help with that. Does anyone think Orly Taitz is capable of following court rules?

    Paul Pieniezny: And still she gets PHV. Unfreakingbelievable!

  20. avatar
    donna September 27, 2012 at 12:41 pm #

    doc: “Does anyone thing Orly Taitz is capable of following court rules?”

    do they teach civil procedure at non-aba approved, correspondence law schools?

    Indiana Ballot Challenge: Fogbow Court Observers Report

    Further to GreatGrey’s observer reports (see below) on yesterday’s hearing in Indianapolis, we hear from A Legal Lohengrin:

    http://ohforgoodnesssake.com/?p=23688#more-23688

  21. avatar
    G September 27, 2012 at 12:42 pm #

    LMAO! Yes, by all means – have the Birthers endlessly harass and pressure Apraio and Zullo to testify in front of a judge!!!

    That would be the final nail in their coffins on this stupid dog and pony show. Please Birthers – DO THIS!!! Make it happen.

    ROTFLMAO!!!

    RuhRoh: In the CrossTalk interview, Orly repeatedly said that she would have succeeded in getting an injunction if only Arpaio or Zullo had appeared in court with her yesterday. She and the interviewer implored all of their listeners to pressure Arpaio and Zullo to appear in IN, KS and MS.

  22. avatar
    G September 27, 2012 at 12:48 pm #

    I see it that way too. She is now open to sanctions and will likely bring them about, through her inability to follow the rules.

    Dr. Conspiracy:
    There was speculation among the attorneys on the Reality Check radio program (and perhaps it was just wishful thinking) that the judge granted PHV because it opened Taitz up to sanctions as an attorney that wouldn’t be application to a pro se plaintiff. The Court warned Taitz that she must strictly follow the rules and pointed her to her local counsel to help with that. Does anyone thing Orly Taitz is capable of following court rules?

  23. avatar
    Rickey September 27, 2012 at 12:52 pm #

    john:

    Orly needs help!Please Donate!Orly is our last real hope to keep Obama off our ballots.Time is running out!

    In the sane universe, we call that throwing good money after bad.

    She lives in a multi-million-dollar mansion in Laguna Niguel and she is begging for airfare contributions. Pathetic.

  24. avatar
    Rickey September 27, 2012 at 1:09 pm #

    I am not familiar with Indiana’s rules of civil procedure, but it seems to me that President Obama and the Democratic Party are indispensable parties to this case but neither are named defendants.

  25. avatar
    gorefan September 27, 2012 at 1:37 pm #

    john: Orly is our last real hope

    Help me Obi Wan Kanobi, Orly is our only dope .

  26. avatar
    bgansel9 September 27, 2012 at 3:10 pm #

    john: Orly needs help! Please Donate! Orly is our last real hope to keep Obama off our ballots. Time is running out!

    The kind of help Orly needs isn’t financial (her husband is RICH!) A call to a psychiatrist would be a good first suggestion.

    You might inquire whether you need some evaluation as well.

  27. avatar
    HawaiiBorn September 27, 2012 at 3:10 pm #

    RuhRoh:
    The very last caller to the radio show said that he had spoken with Arpaio’s office by telephone and was told that Arpaio does not want to be associated with Orly because she has been thrown out of court so many times that it would make him look bad.

    This is around the 49 minute mark.

    for those that don’t want to wait:
    http://www.youtube.com/watch?v=hD8ZdDEnSis&t=49m11s

  28. avatar
    bgansel9 September 27, 2012 at 3:14 pm #

    HawaiiBorn: Arpaio does not want to be associated with Orly because she has been thrown out of court so many times that it would make him look bad.

    Now if we could just apply that logic to all Birther cases in general, perhaps my sheriff would get off of his ass and do some real work.

    ETA: I should have attributed that to RuhRoh (apologies).

  29. avatar
    Andrew Vrba, PmG September 27, 2012 at 3:39 pm #

    John must be terrified, if he’s asking US for help.
    No! #*$@ you John, AND the Orly you rode in on.

  30. avatar
    Sudoku September 27, 2012 at 5:39 pm #

    The irony of that is not lost on me. Still, if Orly gets hit with Anti-SLAPP sanctions, I reserve the right to break out my happy dance.

    Thanks for the link. I do scour Foxbow’s coverage.

    Slartibartfast: I’m starting to think that the idea that Orly will get sanctioned any. day. now. is uncomfortably similar to the any. day. now. that frogs will march…

  31. avatar
    Slartibartfast September 27, 2012 at 5:43 pm #

    I very much wish to be wrong and join you!

    Sudoku: The irony of that is not lost on me. Still, if Orly gets hit with Anti-SLAPP sanctions, I reserve the right to break out my happy dance.

  32. avatar
    Rickey September 27, 2012 at 8:07 pm #

    Andrew Vrba, PmG:
    John must be terrified, if he’s asking US for help.
    No! #*$@ you John, AND the Orly you rode in on.

    Just the other day John was saying that no judge will ever rule that Obama is ineligible and now he is soliciting donations so that Orly can prove his point.I wonder how much money John has contributed to the birther cause.

  33. avatar
    Yoda September 28, 2012 at 7:02 am #

    To those who think Orly knows she lost and is play acting, I respectfully disagree. That would require a level of self awareness that Orly has never shown. She absolutely believes she is right and that all she needs is to present her case to an honest Judge. IMHO she shows all the classic traits of narcissistic personality disorder coupled with bipolar disorder.

    She has so little grasp of the law and absolutely no understanding of what is going on in a courtroom that she only hears the words that she thinks are good and takes then claims that Judge is on her side. She has done this consistency. Remember Judge Carter? Every simple statement about normal procedural aspects of cases is blown into a statement of support by the judge.

    “I will have Obama out of the White House in 30 days”–a classic. Are the 30 days up yet?

  34. avatar
    Sam the Centipede September 28, 2012 at 7:04 am #

    Doc C:

    Reality Check Radio … had an excellent program with legal analysis … that those interested will want to listen to.

    If it is a legitimate frivolous lawsuit, the courts have ways to shut that whole thing down.

    Yes, but will the courts actually take any action? Fogbow is a nest of lawyers, lovely folk, very knowledgeable, I respect them greatly, but they are people who have an insider’s affection for the legal system and a Panglossian view of it. The legal debate is all about motions, rules, procedures, sanctions, etc. The Fogbow lawyers’ settled view seems to be that it’s a credit to the legal system that it allows all this crazy nonsense to continue. I think it’s because they take a John Grishamish view of the world with lawyers as great crusaders and fighters for right, whereas most non-lawyers have a different and less complimentary view of the profession.

    I hate to seem to agree with the birfoons, but it’s a disgrace that the legal system has not come up with a way to settle the whole thing by saying two things. Firstly, either (a) Mr Obama is eligible, or (b) it’s none of your business whether Mr Obama is eligible or not, that’s for Congress to rule on and you have your input via the general election vote. Secondly to say “now walk away and stop wasting courts’ time and other people’s money on harassing and insulting sane folk who are trying to do their jobs conscientiously and honestly”. (I don’t include an option for saying Mr Obama is ineligible, because I’m sane and I know he is.)

    I do understand that there have been enough rulings that Mr Obama is eligible (not that I care really, he won the vote, the people’s choice is good enough!), but the birthers’ paper terrorism has not been stopped.

  35. avatar
    bovril September 28, 2012 at 7:24 am #

    Rickey: In the sane universe, we call that throwing good money after bad.

    She lives in a multi-million-dollar mansion in Laguna Niguel and she is begging for airfare contributions. Pathetic.

    There are two old Northern phrases that MAY be appropos regarding MOO and whether or not she actually HAS the liquid assets.

    “All fur coat and no knickers”

    “Two Volvo’s on’t front step and nowt in the freezer”

    Orlys husband may well have moved his financials so he (and consequenty Orly) are asset rich but cash poor.

    On the other hand “Lady Liberty” probably counts her esteem and personal worth in what she fleeces out of those who really can’t afford it.

    YMMV

  36. avatar
    Tarrant September 28, 2012 at 7:38 am #

    RuhRoh:
    The very last caller to the radio show said that he had spoken with Arpaio’s office by telephone and was told that Arpaio does not want to be associated with Orly because she has been thrown out of court so many times that it would make him look bad.

    This is around the 49 minute mark.

    I’m not sure why this would be an issue, after all, Arpaio and the Cold Cuts Posse have done everything in the world EXCEPT move to involve the judicial branch. No referral of their case for prosecution, no appearing in court, no convening of a grand jury. They have no interest in getting their swiftboating thrown out of court when they can keep it alive via press conference.

    (They did submit those “affidavits” for Klayman’s case, but “oddly” backed off on all those statements about undeniable fraud and criminal activity by elected officials in those…)

  37. avatar
    Tarrant September 28, 2012 at 8:01 am #

    RuhRoh: Orly feels it was a victory because she was able to present evidence. Birthers have an obsession with getting things “on the record”.The fact that her “experts” were found to be nothing of the sort and her “evidence” was unpersuasive is not an issue to her.

    Farrar doesn’t stop about this. “My evidence and statements of law were entered “on the record”, Obama’s team didn’t enter anything to the contrary, therefore the court must accept everything we said as true because it was unopposed.”

    That’s a ridiculous and erroneous interpretation of the way the law works. First and foremost, the law is the law, and the court knows the law (Iura novit curia). The fact that all three plaintiffs in Georgia gave an incorrect interpretation of the law (the two-parent theory) doesn’t mean the court has to accept it just because no one refuted it. The court is bound by real law (absent things like a contract between parties or other exceptions). Farrar refuses to accept this, still insisting that the fact that no one from the defense said “No, there is no two-parent theory!” means that even if there is no such theory, for purposes of that case, the court must act as if there is one because he wasn’t opposed.

    That can sometimes be true for facts of a case, but not for law. One could imagine Farrar or Orly or Welden or any of those in the case saying “Assassinating the President is legal!” during the empty-chair trial. That does not mean that for them, and them alone, there would be no legal repercussions for doing so. The law is what it is, not what a random litigant says it should be.

    Likewise, the “experts”. For purposes of a motion to dismiss, a court generally accepts the plantiff’s factual allegations (but NOT their interpretation of the law) as true. But Malihi denied the Motion to Dismiss (and was smacked down by the real court on appeal and informed he was in error to do so). This was the actual “trial on the merits”. The court doesn’t have to accept anything as true that it is not effectively persuaded is true. This is why he could dismiss Orly’s “experts” as, well, not being anything of the kind, and her “evidence” as worthless.

    Orly seems to feel like the mere submission of said “evidence” means the court believes it is true. This is ridiculous, the court will allow as a submission almost anything the parties submit. It is then up to the finder of fact to decide what evidence is probative – and in this case the answer was “Not one iota of it.”

    Ah, birthers.

  38. avatar
    RuhRoh September 28, 2012 at 9:15 am #

    Rather than write the Order denying her motion for a preliminary injunction, Orly has decided to instead draft a Motion For Reconsideration. she hasn’t filed it yet, but she has posted it on her blog. http://www.orlytaitzesq.com/?p=321320

    Should be interesting to see whether Black will sign off on this. Perhaps he understood Judge Reid’s warning, though Orly clearly didn’t.

  39. avatar
    The Magic M September 28, 2012 at 9:48 am #

    Tarrant: Orly seems to feel like the mere submission of said “evidence” means the court believes it is true.

    Another common crank fallacy. They think the court only accepts “evidence” in the record if said “evidence” has passed a test of “is it compelling?”.

    A similar fallacy is to equate “the DA is investigating” with “there is something to the allegations”. I’ve seen this argument as an attempt at character assassination quite often (A falsely accuses B of a crime, usually fraud, the police are investigating and A publically says “B is under investigation for fraud” as if that meant that there was actually good reason to do so, hoping to discredit B in the ongoing conflict), especially in SLAPP cases.

  40. avatar
    Yoda September 28, 2012 at 1:03 pm #

    RuhRoh, I was just about to post the same link about the Motion for Reconsideration. Here is an interesting point. Although Judge Reid denied the Motion on the record, no order has been signed yet. It is quite possible that there has to be a signed Order to file a Motion for Reconsideration. If Orly files a Motion for Reconsideration before there is a signed Order denying the Motion for Reconsideration it could well be another violation of the rules. Does the PHV status disappear, or does she let Orly stick around to keep her under control?

    Lastly, I love how Orly says that she put in something in her motion IN LARGE PRINT. She is literally the gift that keeps on giving>

    “But your honor, I put it in large print”.

  41. avatar
    Yoda September 28, 2012 at 1:06 pm #

    Tarrant–Birthers do not understand two simple legal concepts: Admissibility and Credility.

  42. avatar
    G September 28, 2012 at 2:18 pm #

    They also can’t seem to grasp that the burden of proof lies with the accuser – and that burden must have solid backing PRIOR to taking a charge to court….and not a matter of mere speculation that can be indulged by witch-hunt level “fishing expeditions”.

    Yoda:
    Tarrant–Birthers do not understand two simple legal concepts: Admissibility and Credility.

  43. avatar
    Yoda September 28, 2012 at 3:50 pm #

    G–that is a given.

  44. avatar
    Yoda September 28, 2012 at 3:51 pm #

    Opps, I made a mistake, here is the corrected version:

    RuhRoh, I was just about to post the same link about the Motion for Reconsideration. Here is an interesting point. Although Judge Reid denied the Motion on the record, no order has been signed yet. It is quite possible that there has to be a signed Order to file a Motion for Reconsideration. If Orly files a Motion for Reconsideration before there is a signed Order denying the Motion for a Preliminary Injunction it could well be another violation of the rules. Does the PHV status disappear, or does she let Orly stick around to keep her under control?

    Lastly, I love how Orly says that she put in something in her motion IN LARGE PRINT. She is literally the gift that keeps on giving.

    “But your honor, I put it in large print”.

  45. avatar
    RetiredLawyer September 28, 2012 at 8:05 pm #

    More important, under most state rules, the party ordered to prepare the order after hearing has a short window in which to do so, obtain the opposing side’s signature, and send it to the court for the court’s approval, signing and filing. Until that is done, there is no ruling on file, and nothing to appeal or file a motion to reconsider on.

    However, other time limits continue in effect.