Sorry, it’s Taitz again
If you’ve been following the history of the lawsuit of Taitz v. Mississippi Democrat Party, you know that it’s been a complicated process. Originally filed in Mississippi State Court on Valentine’s day this year, the case has had many twists and turns. After filing the case, Taitz demanded a new judge and then filed an amended complaint, adding defendants, and a Civil RICO (racketeering) action. Defendant Mississippi Secretary of State removed the case to federal court and Taitz has been fighting to return it to state court (judge shopping, I guess). Attorney Scott Tepper, who exhibits an almost encyclopedic knowledge of birther arcana, is co-counsel in Mississippi for the Mississippi Democratic Party Executive Committee (MDEC). Taitz filed Bar complaints against Tepper in both California and Mississippi, both tossed out. Taitz demanded that every member of the MDEC be warned that they were liable for criminal prosecution if they continued to help Obama stay on the ballot.
Taitz’ attempt to return the case to state court failed, but now she’s attempting to divide the case (which she previously glued together) into two parts, one that could be heard in state court, with the RICO complaint left in federal court. This bifurcation multiplies the complexity of the thing and the MDEC has opposed this latest whoop-de-do by Taitz. The MDEC motion filed today, and joined by the Secretary of State, appears at the end of the article.
Rather than simply trying to get the case out of court as fast as possible, the MDEC is also using language that builds on an already-existing foundation for a motion for sanctions against Taitz under 28 U.S.C. §19271. Unlike sanctions under federal Rule 11, §1927 specifically targets attorneys and because misconduct under §1927 requires bad faith on the part of the attorney, it is appropriate for warnings to be made now in order to ward off, or provide grounds for sanctions later, should Taitz continue to multiply the proceedings.
If Taitz had stuck with her original complaint, the case would have remained in state court, and almost certainly she would have had a judgment by now. As it is, this case will certainly drag on past the Election if it is not simply dismissed before then.
One interesting footnote in the MDEC filing is a reference to a Mississippi Medicaid regulation that says:
Most United States citizens are natural-born citizens, meaning they were born in the United States or were born to United States citizens overseas.
If you enjoy hearing Taitz chewed up and spit out, this filing is for you:
- Federal Court Sanctions Against Attorneys Under 28 U.S.C. §1927 — The 11th Circuit Court of Appeals Attempts to Divide the Standard for Multiplying the Proceedings in Bad Faith – Florida Bar Journal
128 U.S.C. §1927 states:
Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.