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Archive | November, 2012

As the birthers turn or “Ex Lax”

By on November 30, 2012 in Lawsuits, Orly Taitz

November 7

Mississippi plaintiff Dr. Laurie Roth, motorcycle enthusiast, erstwhile presidential candidate and talk show host, wrote a letter to Judge Wingate in Mississippi in the case of Taitz v. Democrat Party of Mississippi, asking to be removed a plaintiff.

Roth, not having filed any documents in the case, nor to my knowledge even  signed the “First amended complaint” that added her as a plaintiff, seemed to be just along for the ride as Orly Taitz, the lead plaintiff, attempted to purge the country of people who have slighted her. It’s not as simple as just asking, now that the Defense has responded to the complaint (and an Answer was filed 4/25/2012). The Defense can exact conditions, and one of the conditions they might exact is in the withdrawal letter itself, in the phrase:

I…have no intention of becoming a plaintiff in any other legal action against President Barack Obama.

Whether Roth is being candid with the court pleading medical problems and financial difficulty is no concern of mine, but it is rather odd-seeming that she didn’t include a doctor’s note to back up her claims.

November 25

A second plaintiff, Leah Lax, states in a filing docketed by the Court today that she sent an email on July 3 to Taitz asking that she be withdrawn as a plaintiff in the case, and says now that the continuing inclusion of her name on documents filed by Orly Taitz is “Fraud,” and noting that the phrase “pro se” is not present after Lax’s name on those filings. Since Orly Taitz was not representing Lax, it is unclear why Lax asked Taitz to remove  her as a Plaintiff in the case, rather than asking the Court to do this (I could find nothing in the record of Lax filing anything with the court in July). In the December 6,  2011, engagement letter between the two it was made clear that Lax was not being represented by Taitz in states where Taitz was not admitted to practice, but was in California and states where Taitz was admitted pro hac vice.

Lax contends that it was never her intent to be part of the RICCO (sic) case against Obama (the First amended complaint in Mississippi where Lax was added as as a Plaintiff). However, in the engagement letter, Lax stated that she would be a co-plaintiff or represented by Taitz in all filings against Obama in all 50 states. Lax alleges that she didn’t sign the Mississippi complaint, but that Taitz “pasted her signature” on it. I note that the Mississippi complaint was not signed by Lax at all, only marked with “/s/”.

Lax also contends that Taitz made medical information about Lax public in violation of the Health Insurance Portability and and Accountability Act of 1996 (HIPAA). That last charge is bogus because Lax is not a patient of Orly Taitz and so HIPAA doesn’t apply1; however, even though Taitz was not representing Lax in Mississippi, she was in other states, and this disclosure, if it occurred, could well be a violation of attorney-client confidentiality.

generic computer hacker imageLike Orly Taitz, Lax is angry with commenters at the Fogbow for making fun of her. Lax seems to be confused, believing that Mississippi attorney Sam Begley is a member of the Fogbow forum and can tell folks there to be nice; Begley, to my knowledge, does not have a Fogbow account. In what may be a case of libel per se, Lax identifies a particular on-line screen name, SueDB, who posts here and at the Fogbow as the hacker and “identity thief” and says “her IP address matches the person who allegedly broke into my e commerce account.” It would seem that this IP address match is not actually based on evidence, but upon belief. Lax perhaps gives a hint to the reason for her interest in anti-Obama litigation when she accuses, in another email filed with the court, that the Fogbow members “consist of all Muslims.”

Lax asks for unspecified sanctions against Taitz for using her name in court filings after July 3. She also intends to press charges against whoever hacked her email account and sent out porn to her contact list, although the connection of this allegation to the Mississippi lawsuit is unclear. Read the Lax motion:

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The cost of birtherism–Part 2

By on November 30, 2012 in Donald Trump

In the first installment of this topic I talked about legal fees assessed birthers bringing frivolous lawsuits. This time I present a commercial example.

Donald Trump photoDonald Trump is a well-known birther, who doubled down with a highly-publicized pre-election offer to donate $5 million to charity if Obama released some college records that likely don’t still exist. Whether universally true or not, birtherism is associated with racism in much of the public mind, and Donald Trump’s birther antics triggered a grass roots effort to remove Trump-labeled merchandise from Macy’s department stores. Macy’s is standing by Trump who frequently appears in its advertising, even though a  “Dump Trump” petition targeting Macy’s stands at 674,117 as of this writing.

YouGov’s BrandIndex shows a precipitous drop in loyalty rating for Macy’s among women, compared to its competitors. Ted Marzilli, speaking for the opinion research web site wrote:

Petitions and protests against Donald Trump’s strong association with Macy’s, including his clothing line and frequent advertising appearances, seem to have taken a toll on Macy’s Recommend score amongst US women.

This is not a good thing around Christmas time. The stupid, it costs.

Read more:

Increasing the Voeltzage

By on November 30, 2012 in 2012 Presidential Election, Lawsuits

It’s alive!

Frankenstein Monster and electrican sparks

Attorney Larry Klayman has attached electrodes to the neck of the Voeltz v. Obama lawsuit, poured on the juice, and re-animated the twice-dead legal action. I’m not sure how the villagers of Tallahassee will respond to this monster stalking it’s courtrooms yet again.

Klayman got into trouble with an earlier argument that Obama had been nominated in the Florida Democratic Primary, when in fact there was no Florida Democratic Primary, and Obama was not “nominated” for office. This time around Klayman attacks the election of Barack Obama in Florida, but technically that isn’t true either. The President of the United States is voted on by the Electoral College, which meets December 17 and the President is not actually elected until the election is Certified by a joint session of Congress, and that happens on January 6 of 2013, and not in Florida.

The complaint is brought pursuant to the Florida statute on the contest of elections, §102.168. Here are the applicable requirements for challenging an election:

(1) … the certification of election … of any person to office … may be contested in the circuit court by … any elector qualified to vote in the election related to such candidacy….

(3) …The grounds for contesting an election under this section are:
…
(b) Ineligibility of the successful candidate for the nomination or office in dispute….

The issue here, as it was in the first challenge, is whether or not Barack Obama was elected. The election actually chooses members of the Electoral College, and their eligibility is not being challenged.

Certainly allegations of voting irregularities are covered by the statute because in effect members of the Electoral College from Florida are elected. The President, not so much.

The complaint summarizes the usual spurious Vattelist argument that US Presidents must have two US citizen parents. Klayman does one thing so utterly stupid that I could hardly believe it, arguing that Vattel’s book, The Law of Nations, was written into the Constitution in the phrase from Article 1, Section 8:

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

In the US Constitution, every noun is capitalized, but the word “the" is not in this clause, meaning it’s not the title of a book, and of course there is no mention of including Vattel’s book by reference in the Constitution from the records of the debate of the Federal Convention of 1787, any more than it references Blackstone’s chapter, “On Offences Against the Law of Nations.”

I give Klayman marks at least for being concise, 7 pages total.

Birther publishes Obama accomplice list

By on November 29, 2012 in The Blogs

The conspiracy grows

I got the link from a pretty messed-up article at Orly’s place, “ObamaNazi regime is sensoring (sic) everything, including the new ‘aider and Abetter Central’ (sic) Tracy is asking the public to ad (sic) the names of people they suspect to be accomplices of ObamaNazi regime.” Orly, never one to respect private emails, identified “Tracy” as the creator of the new web site, UnslaveAmerica. Apparently this wasn’t meant as a secret, because Tracy Fair’s well-known online persona, KenyanBornObama, is the Twitter feed on the site and it links to the documents in her birther lawsuit in Maryland that name her.

The “sensoring” part is a claim that Tracy’s emails promoting her site are bouncing, but not the one to Orly. Here’s a puzzle for Tracy: If the “ObamaNazi” regime is trying to prevent Tracy getting the word out about her web site, and Tracy lists me as one of the “aider and Abettors” of that regime, then how can I be promoting the site in an article here? It’s a pickle™.

imageUnslave America is the usual compilation of birther stuff, plus Federal Reserve and Illuminati conspiracy theories. It carries on one of Tracy’s themes, naming enemies; she does this on a page “Central aid and abet list.” The list contains the media and the federal government plus a Fogbow segment that is almost the same as the “Good” list here (another example of birthers reversing the meaning of good and evil). She links to her personal exposé videos that name names to go with the screen names. Others on her list are less likely candidates, including Fox News, Bill O’Reilly and US Representative Steve King of Iowa.

Commenter strikefighter said something on this blog back in 2009 that is even more true today:

So, at this point, is there anybody, other than the birthers, who is not part of the conspiracy?

Clicking around looking for something new, I found a Mr. Hyde version of my Debunker’s Guide, called the “OBAMA INELIGIBILTY EVIDENCE DATABASE,” a compilation of Vattelist material. The challenge is often laid down to birthers to name one child born in the United States to alien parents that needed to be naturalized. This database has one, from the case of IN RE THENAULT 47 F.Supp. 952 (1942). The mother was a US Citizen and the father a French diplomat (hereby creating an exception under the 14th Amendment jurisdiction requirement).  The Court ruled that the children could become naturalized US Citizens through through the petition of their mother according to the law regarding foreign-born children of US mothers in effect at the time. The Circuit Court said:

Although these children in a geographical sense were born within the United States, by virtue of the status of their father at that time, they became subject to the jurisdiction of the French Republic as effectively as though they were born within its territorial limits and outside those of the United States.

Unslave America also includes the ubiquitous birther PayPal donation button.

It’s a shame that Tracy doesn’t use her video and graphic skills for something that benefits people. Until that happens, I have a new entry for the Bad list, Unslave America.

Dementors

By on November 28, 2012 in Lounge, WorldNetDaily

imageYou remember the Dementors from the Harry Potter books. They were the most vile of creatures—you might call them anti-life. They lived by feeding on horror and despair which they were very good at creating in the minds of their victims. They drained their victims of every good thought, every happy thought, ever decent thought, and left them with their worst experiences—before sucking the soul out of them.

In this Obama conspiracy business there are people who take on the role of Dementors, creating anxiety, fear, despair and anger for their livelihood. There was a very representative pair of them trying the suck the life out of the country by undermining respect for our democratic institutions that I stepped in today.

One is the online tabloid web site WorldNetDaily and the other was a particularly nasty fellow named Glenn Beck that they were reporting on. Beck put a figure of Barack Obama in a jar of what appeared to be urine and called it “Obama in Pee Pee” and tried to sell it on eBay for $25,000. It was reportedly removed from eBay.

WND is conducting a poll of reader reaction to what Beck did. WND readers overwhelmingly reacted positively. Their souls have already been sucked out at that vile place.