Main Menu

To bifurcate, or not to bifurcate, that is the question

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:

MS – ECF 55 – 2012-10-25 – MDEC Opposition to Taitz Stay Petition and Motion…

Read more:


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.

Print Friendly

, , , , ,

19 Responses to To bifurcate, or not to bifurcate, that is the question

  1. avatar
    Andrew Vrba, PmG October 25, 2012 at 4:56 pm #

    Did you just apologize for bringing us more comedy gold?
    And here I was just about to ask “Please sir, may I have some more!”

  2. avatar
    Dr. Conspiracy October 25, 2012 at 5:10 pm #

    My apology is for not having more variety.

    The filing itself is a hoot.

    Andrew Vrba, PmG: Did you just apologize for bringing us more comedy gold?

  3. avatar
    Yoda October 25, 2012 at 5:26 pm #

    I love that pleading. A pleasure to read and I can just see Orly reading it and steam coming out her ears.

  4. avatar
    Andrew Vrba, PmG October 25, 2012 at 5:52 pm #

    I would LOVE to see her courtroom squawkings be turned into a Broadway show.

    Nathan Lane would be brilliant as Taitz! Well that man would be brilliant if you cast him as a cardboard box, but my point still stands.

  5. avatar
    Bob October 25, 2012 at 6:06 pm #

    As I read it, Taitz is claiming that she could soon die from embarrassment.

  6. avatar
    Andrew Vrba, PmG October 25, 2012 at 7:04 pm #

    Dr. Conspiracy:
    My apology is for not having more variety.

    The filing itself is a hoot.

    Exactly. Sure, it’s more of the same…but its soooooooooooooo good!!!

  7. avatar
    Dr. Conspiracy October 25, 2012 at 7:40 pm #

    Nicely put. I’m still reading looking for the Taitz filing where she says she’s gonna die if the court doesn’t grant her a stay.

    Bob: As I read it, Taitz is claiming that she could soon die from embarrassment.

  8. avatar
    Andrew Vrba, PmG October 25, 2012 at 7:44 pm #

    Bob:
    As I read it, Taitz is claiming that she could soon die from embarrassment.

    But if she dies from embarrassment, who will be Dr. Frank N. Furter for this year’s all lawyer performance of Rocky Horror Picture Show?

  9. avatar
    Dr. Conspiracy October 25, 2012 at 7:52 pm #

    I’m a little confused by what I am reading in one of Taitz’s motions (Part 2) that is the subject of the motion above.

    The writing is in places quite fluent and idiomatically natural,followed immediately by misspelled words, grammar errors, missing definite articles and short, awkward sentences. Perhaps her paralegal wrote it, and then Taitz added things.

    http://www.scribd.com/doc/110186983/SDMS-2012-10-15-TvMSDPM-ECF-47-TAITZ-Opposition-to-JoP-Part-2

    Taitz is finding cases, albeit not great ones, to spice up her filings.

  10. avatar
    John Reilly October 26, 2012 at 1:26 am #

    Another great move by Dr. Taitz. If she prevails, Pres. Obama is off the ballot in Mississippi, a state he will not carry anyway (much like her quixotic quest in Indiana) and she will engender headlines making the GOP and Gov. Romney as folks who try to keep people from voting. A few more victories like that may just be the push Pres. Obama needs to win. Has David Axelrad devised this strategy?

  11. avatar
    John Reilly October 26, 2012 at 1:32 am #

    Sorry Doc, but I don’t think any part of the latest broadside from Dr. Taitz makes sense at all. Apparently, Pres. Obama is going to send busloads of voters from California to Mississippi in an effort to change the outcome in MIssissippi. Why those busloads don’t just stop in Vegas, where busloads of “fraudulent” voters might make a difference, but rather travel 3 days to Mississippi, is a mystery. But so is much else with Dr. Taitz.

  12. avatar
    bovril October 26, 2012 at 5:20 am #

    Andrew Vrba, PmG: But if she dies from embarrassment, who will be Dr. Frank N. Furter for this year’s all lawyer performance of Rocky Horror Picture Show?

    Hey no dissing Frank N Furter, F is better looking, better groomed, more articulate, less guano insane, has better legs and uses less makeup than Mad Old Orly…..

  13. avatar
    Northland10 October 26, 2012 at 8:05 am #

    Dr. Conspiracy: I’m a little confused by what I am reading in one of Taitz’s motions

    Only a little?

  14. avatar
    Dr. Conspiracy October 26, 2012 at 8:17 am #

    I guess I’ve built up a tolerance after all this time.

    Northland10: Only a little?

  15. avatar
    Northland10 October 26, 2012 at 8:22 am #

    Dr. Conspiracy: The writing is in places quite fluent and idiomatically natural,followed immediately by misspelled words, grammar errors, missing definite articles and short, awkward sentences. Perhaps her paralegal wrote it, and then Taitz added things

    This sounds like a typical SOP for Taitz. While a paralegal tries to write a coherent briefing that attempts to make a point, Orly keeps wanting more and more added without any sense of persuasive writing. I recall CEL3 complaining of similar issues with Orly. While others attempt to make an sensible and logical argument (within the obvious limitations they have to work with), for Orly, quality is of little concern. It is all about the quantity. Her exhibits are better not because the demonstrate a point but that they are “enlarged.”

    Thus, she has many plaintiffs not because they all a redressable injury but, in her mind, having more plaintiffs shows that she has more support. She still sees the court as place for political agitation and propaganda.

    From Wikipedia’s article “Law of the Soviet Union,” citing Richard Pipes’s Russia Under the Bolshevik Regime

    The purpose of public trials was “not to demonstrate the existence or absence of a crime – that was predetermined by the appropriate party authorities – but to provide yet another forum for political agitation and propaganda for the instruction of the citizenry. Defense lawyers, who had to be party members, were required to take their client’s guilt for granted…”[1]

    That’s our Orly.

  16. avatar
    gorefan October 26, 2012 at 1:20 pm #

    Looks like Dr. Onaka and Director Fuddy have hired a Mississippi law firm (Dukes, Dukes, Keating and Faneca) to represent them. This could get expensive for Orly if sanctions are imposed.

    http://www.scribd.com/doc/111224051/ECF-58-2012-10-26-HI-Memo-in-Support-of-Motion-to-Dismiss

  17. avatar
    ASK Esq October 26, 2012 at 1:51 pm #

    Andrew Vrba, PmG: But if she dies from embarrassment, who will be Dr. Frank N. Furter for this year’s all lawyer performance of Rocky Horror Picture Show?

    I believe I may have a viable claim against you for either negligent or intentional infliction of emotional distress, for your forcing me to conjure an image of Orly Taitz in lingerie.

    If you’re lucky, I’ll have her prepare the pleadings and effect service.

  18. avatar
    Andrew Vrba, PmG October 26, 2012 at 2:08 pm #

    Yeah…that would be a cruel and unusual thing to subject an audience too.

99999 00000
?????????