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Mississippi boiling

The media is catching up with the fact that Orly’s California case was dismissed after she had to pay costs of $4,000 to Occidental College for that bum subpoena. OC Weekly, which has some of the best Taitz local coverage reported the money quote from Judge Marginis to Taitz: “You should know that evidence is not stuff printed from the Internet.” (We’ll see below that Taitz did not grasp this concept since it undermines her entire legal strategy.) The following comment was made on that article:

DaxDax: How this woman hasn’t gotten serious sanctions and some disciplinary action via the Ca State Bar is beyond me.

The thing that’s more likely to get serious sanctions and a Bar disciplinary action isn’t what happened in California, but what is unfolding in Mississippi, as Taitz continues to amaze with a new filing that discloses email exchanges between her and Leah Lax, compounding the case even further.

First, a reminder of where the case stands. The Hawaii Defendants have moved to be dismissed from the case on several grounds. The Democratic Defendants have move for judgment on the pleadings. A hearing was held last month on those motions.

Since the hearing a small flurry of documents have been filed. Taitz filed her opposition to the dismissal and judgment in a “Supplemental response” pancakes and all. Taitz subsequently filed an Amended supplemental response that I haven’t yet read.

The Mississippi Attorney General on behalf of the Secretary of State has filed a “Supplemental brief” in response to Taitz’ Supplemental response, calling it a bunch of hooey (my words). It’s not groundbreaking, but it does catalog Taitz’ ineptitude and lack of candor. The Hawaii defendants have filed a “Supplemental brief” too. And there are briefs from the Mississippi Democratic Party Executive Committee and from the National Democratic defendants: Obama, Pelosi and Obama for America.

All of this filing and briefing and supplementing is work for the attorneys, and they have to be paid. If the judge can be convinced that Taitz is vexatiously or unnecessarily making the case more complicated, she can be asked to pay those attorney fees under 28 U.S.C. § 1927, and that could turn out to be a staggering amount.

Laurie Roth and Leah Lax, both putative plaintiffs in the case have written letters to the Court asking that they be excused, and that provides the second threat to Taitz. Lax claims that Taitz drug her into the case without her intention and misrepresented those intentions, and that she faked her signature on the complaint. Now Taitz in retaliation has written a 58-page response to Lax that includes dumps of emails between the two of them, made barely legible by Orly’s crappy scanner. It even contains 14 pages of a hexadecimal encoded PDF file, purportedly a signature page signed by Lax. Taitz also discloses the “Confidential settlement” offer from the Democratic Defendants to Taitz.

In the “Response” Taitz denies that she “pasted” Lax’s signature on the “First amended complaint.” The signature page from Lax was filed with the court, but I didn’t know this because the Jack Ryan copy of it is labeled “Brian Fedorka” (which is the line where she signed it). Taitz says that she shouldn’t be sanctioned—Lax should!

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34 Responses to Mississippi boiling

  1. avatar
    RuhRoh December 1, 2012 at 8:31 pm #

    Orly says she has filed this with the court in MS. http://www.scribd.com/doc/115168725/MS-Corrected-Opposition-to-Leah-Lax-With-Exhibits

    From comments Orly made in posting this on her blog, she seems to be claiming that Begley and Tepper harassed Lax into exiting the case.

    *finally got the sribd document to load. The title alone lets you know things are going to become outrageous. OPPOSITION TO LEAH LAX TO SANCTION TAITZ AND MOTION BY TAITZ TO SEVERELY SANCTION CO-PLAINTIFF LEAH LAX FOR EGREGIOUS FRAUD ON THE COURT AND EGREGIOUS DEFAMATION OF TAITZ*

  2. avatar
    Butterfly Bilderberg December 1, 2012 at 8:40 pm #

    RuhRoh:
    Orly says she has filed this with the court in MS. http://www.scribd.com/doc/115168725/MS-Corrected-Opposition-to-Leah-Lax-With-Exhibits

    This squabble is too good to be true! Orly is seeking sanctions against her “client”!

    Not to mention that THIS is needlessly expanding the litigation. If Judge Wingate wasn’t inclined to grant section 1927 sanctions before, this will change his thinking.

  3. avatar
    RuhRoh December 1, 2012 at 8:47 pm #

    Hmm, on page 4, Orly refers to Begley and Tepper’s offer to settle the case as “a threatening and intimidating email” that “demanded a payoff of $25,000″.

    I think we can say that she’s never settled a case. LOL

  4. avatar
    RuhRoh December 1, 2012 at 8:57 pm #

    On page 7, Taitz is trying to claim that because she cc’d Jill Nagamine on an email April 13th, this is some sort of legally significant notice of claim. I guess in Orly’s mind this would constitute proper service. (Why is Nagamine in this motion? No idea. I’m sure Orly has no idea either.) And why would it amount to a hill of beans that Nagamine had the complaint if she is suing Fuddy and Onaka in their private capacities?

    Leaving aside that it does not constitute service, I seem to recall Jill Nagamine saying in a videotaped court proceeding in HI that she had repeatedly told Orly that she would not open any email or electronic documents sent by her because they had infected her computer. She had to be communicated with via paper documents only as she would not risk the integrity of the AG offices computer system. So why would Orly think that anything sent from her to Nagamine does anything than automatically redirect to a spam file?

    ETA: I should have kept reading. She’s still arguing the timeliness of filing the FAC, although this would not be the place to do so.

  5. avatar
    RuhRoh December 1, 2012 at 9:15 pm #

    Man are these emails Orly included a mess. Tons of undeliverable notices and such.

    However, note this one from Lax, Saturday April 14, 2012 at 10:08PM:

    “orly you always sign Above your printed name You signed wrong Dont make me look like an ass”

    So it would seem that Orly signed the FAC after all, no?

    This is on page 50 of the new motion.

    On page 54, Lax clearly indicates Taitz was giving her legal advice.

  6. avatar
    JPotter December 1, 2012 at 9:19 pm #

    RuhRoh: Dont make me look like an ass

    So…..just to confirm. She got involved with Orly, and then asked her not to embarrass her?

  7. avatar
    Northland10 December 1, 2012 at 9:34 pm #

    RuhRoh:
    Man are these emails Orly included a mess. Tons of undeliverable notices and such.

    However, note this one from Lax, Saturday April 14, 2012 at 10:08PM:

    “orly youalways sign Above your printed name You signed wrong Dont make me look like an ass”

    Leah’s response to Orly on November 6th was another fine moment:

    do you read Orly

    If you have have to ask…

  8. avatar
    nbc December 2, 2012 at 12:49 am #

    RuhRoh: “orly you always sign Above your printed name You signed wrong Dont make me look like an ass”

    That refers to Orly having signed below her name. It’s a generic ‘you always sign above your name”

  9. avatar
    nbc December 2, 2012 at 12:54 am #

    RuhRoh: On page 7, Taitz is trying to claim that because she cc’d Jill Nagamine on an email April 13th, this is some sort of legally significant notice of claim. I guess in Orly’s mind this would constitute proper service. (Why is Nagamine in this motion? No idea. I’m sure Orly has no idea either.) And why would it amount to a hill of beans that Nagamine had the complaint if she is suing Fuddy and Onaka in their private capacities?

    Two problems: Nagamine had told Orly that her email was sent unread to the trash because of a virus in Orly’s earlier email

    Secondly: Her message with over 20M of attachments bounced for at least the following addresses

    Tom@MacLeran.com
    cjrkcoleman@hotmaiI.com (See also item 11 in Orly’s reply… Coleman never got the email on the 13th…)

    11. Additionally, as Judge Coleman was a retired judge and resided in a different county, not in Jackson, M5, he requested all filling to be sent to him via e-mail. Taitz e-mailed him the First Amended Complaint on April 13, 201.2. This negates the assertion by the Defendants that the First Amended complaint was submitted after April 15 deadline and was late. The chain of e-mails in exhibit 2 clearly shows that the presiding judge got the complaint on April 13, two day before the deadline, therefore the complaint was submitted timely.

    sbeglyl@belsouth net (wrong email address)
    HPIZZ@ago.state ms us
    JustinMatheny@ago.state.ms.us
    michael.jablonski@comcast.net
    Helen.L.Gilbert@usdoj.gov

    What a dufus.

  10. avatar
    LW December 2, 2012 at 2:12 am #

    The fourteen pages of a base64-encoded attachment are a nice touch.

  11. avatar
    Northland10 December 2, 2012 at 2:31 am #

    LW:
    The fourteen pages of a base64-encoded attachment are a nice touch.

    If there was any question whether she even pays attention to what she is putting in a filing, this rather settles it. No wonder she comes of ignorant of what she submitted. She just tosses the items in without checking what they actually say.

    Making the judge work hard to figure out what you are saying will not help persuade them that your argument has merit.

  12. avatar
    bovril December 2, 2012 at 3:54 am #

    Doc,

    Minor correction regarding The Mad Moldovan Molar Mangler and her 4K sanction……

    She had 30 days to pay as of November 01, she still hasn’t paid and is acting as if she doesn’t have to….

    http://www.orlytaitzesq.com/?p=363919?3e3ea140

    It seems they ran an article about my motion hearing in CA to compel production of Obama’s records from Occidental college. There were multiple misrepresentations of the issues. Apparently attorneys for Occidental did not read the final order signed by Judge Marginis. At the endof the November 1st hearing the court took the matters under advisement. On November 7th, one day after the election, the court issued a written order, which does not include any attorneys fees for the Occidental college for the fact that they had to appear at the Motion to Compel Obama’s records hearing.

  13. avatar
    Reality Check December 2, 2012 at 8:41 am #

    Yes, including an email that bounced back is always a good way to show a motion was timely filed. Add this one to Orly’s bag of tricks. :lol:

    Oh yea, the deadline to file anything concerning the timing of the FAC was last Monday. Orly is essentially trying to get a free second bite at the apple by even bringing anything related to timing now. If she thought this really proved anything (and it doesn’t) she should have included it in her brief filed earlier.

    nbc: (See also item 11 in Orly’s reply… Coleman never got the email on the 13th…)

  14. avatar
    Thrifty December 2, 2012 at 10:44 am #

    I question the factual accuracy of this article. It’s established fact that “Fedorka” is not the name of a person, but rather a nickname given to dorky kids wearing stupid hats year round.

  15. avatar
    Origuy December 2, 2012 at 2:06 pm #

    The Occidental Weekly, the student newspaper of Occidental College has an article quoting from the lawyers representing the college.
    http://occidentalweekly.com/news/2012/11/28/taitz-loses-court-case-to-occidental-over-obamas-records/
    Attorney Jay Ritt, who assisted in the case, said: “I would like to take credit for a spectacular job preparing papers and going down to the Orange County Superior Court and arguing this case and getting sanctions, but I honestly believe a rhesus monkey could have beaten Ms. Taitz and got a sanction award based on the awful lack of merit to the
    subpoena itself.”

  16. avatar
    misha marinsky December 2, 2012 at 2:08 pm #

    “You should know that evidence is not stuff printed from the Internet.”

    It’s not?!

    Uh, oh.

  17. avatar
    Paul Pieniezny December 2, 2012 at 2:59 pm #

    Judging from what has happened the last four years, I believe the California Bar is like Santa Claus, Ded Moroz (one for Svetlana Auerbuch), an honest banker, an atheist terrorist and a Philadelphia black Republican: lots of people believe or wish it does exist, but every thinking cell in your body says it does not really.

  18. avatar
    donna December 2, 2012 at 3:21 pm #

    misha:

    “You should know that evidence is not stuff printed from the Internet.”

    couple that with indiana:

    Judge BENT to the ditz in Indiana Ballot Challenge–DISMISSED (emphasis mine)

    19. NO WITNESS presented by Plaintiffs was QUALIFIED as an EXPERT in the field of document authentication.

    20. NO WITNESS presented by Plaintiffs was QUALIFIED to provide an EXPERT OPINION as to whether what was purportedly downloaded from the White House web-site is a FORGERY.

    All EVIDENCE produced on October 22, 2012 is STRICKEN.

  19. avatar
    MN-Skeptic December 2, 2012 at 3:59 pm #

    donna: All EVIDENCE produced on October 22, 2012 is STRICKEN.

    Yeah, but Orly has an OFFICIAL TRANSCRIPT. Therefore it’s sworn to indisputable testimony which Orly can introduce into any other court of law. Don’t you understand OrlyLaw???

  20. avatar
    bgansel9 December 2, 2012 at 5:00 pm #

    How you managed to keep that all straight, I’ll never know. If you’ve noticed my lack of activity lately, honestly it’s because Orly’s crazymaking is getting too confusing for me to follow.

  21. avatar
    bgansel9 December 2, 2012 at 5:06 pm #

    Origuy: “… but I honestly believe a rhesus monkey could have beaten Ms. Taitz and got a sanction award…”

    Gotta love that.

  22. avatar
    Dr. Conspiracy December 2, 2012 at 5:39 pm #

    I have had a chance to read the Supplemental Brief of the Hawaii Defendants. Mr. Dukes writes with great clarity and precision. His argument is highly persuasive, so much so as to make the outcome seem inevitable to this observer.

    http://www.scribd.com/doc/115058713/MS-ECF-79-2012-11-30-TvDPM-HI-Defendants-Supp-Brief-in-Support-of-MtD

    I also fixed the hyperlink to the MDEC supplemental brief in the article.

    Begley and Tepper use the fact that two similar RICO complaints by Taitz were dismissed, to great effect.

  23. avatar
    ObiWanCannoli December 2, 2012 at 6:22 pm #

    Since when do the courts allow the parties to file documents using email? None of the emails is signed and encrypted. Given Orly’s penchant for making up facts, I wouldn’t trust any of those email communications. How come Judge Coleman is using hotmail instead of a *.gov messaging system?

  24. avatar
    Rickey December 2, 2012 at 6:48 pm #

    ObiWanCannoli:
    Since when do the courts allow the parties to file documents using email?None of the emails is signed and encrypted.Given Orly’s penchant for making up facts, I wouldn’t trust any of those email communications.How come Judge Coleman is using hotmail instead of a *.gov messaging system?

    Judge Coleman is a retired judge who was asked to handle this case while it was in state court. As I recall, he was ill for a while and instructed (or at least allowed) the parties to communicate with him by e-mail. He hasn’t been involved in the case since it was removed to Federal Court.

  25. avatar
    donna December 2, 2012 at 8:18 pm #

    MN-Skeptic:

    in “OrlyLaw”, anything presented by the plaintiff(s) is evidence and all witnesses are experts

    defendants present lies or are in contempt when they don’t grace orly with their presence

    judges are corrupt, paid off and/or are afraid to rule against defendants/obama ….. all hundreds of them

  26. avatar
    RuhRoh December 2, 2012 at 10:11 pm #

    Has anything of use or interest been posted over at Fogbow on this topic after they all started treating Butterfly Bilderberg like a hooker?

    That was so off-putting and insulting that I can’t see myself checking that thread again.

  27. avatar
    Rickey December 3, 2012 at 10:57 am #

    RuhRoh:
    Has anything of use or interest been posted over at Fogbow on this topic after they all started treating Butterfly Bilderberg like a hooker?

    That was so off-putting and insulting that I can’t see myself checking that thread again.

    I’m not sure what you’re specifically referring to, but in the Mississippi Ballot Challenge thread I see some comments about the thread having been hijacked and some posts have been censored.

  28. avatar
    Rickey December 3, 2012 at 2:03 pm #

    We have (potentially) a new plaintiff in the Mississippi case. He is James Grinols, a physician in Minnesota. He claims to be a Republican elector (I’m not sure what that is supposed to mean – was he a candidate to be a Romney elector?).

    http://www.scribd.com/doc/115336995/MS-ECF-83-2012-12-3-TvDPM-Motion-to-Intervene-as-Additional-Plaintiff-Grinols

    Grinols has written for WND in the past and clearly is a full-blown birther.

    http://www.wnd.com/2010/05/156421/

    Back in September Grinols told WND that his attorney is none other than Mario Apuzzo!

    http://nativeborncitizen.wordpress.com/2012/09/25/mn-strange-ballot-challenge/

  29. avatar
    BillTheCat December 3, 2012 at 8:45 pm #

    Thrifty:
    I question the factual accuracy of this article.It’s established fact that “Fedorka” is not the name of a person, but rather a nickname given to dorky kids wearing stupid hats year round.

    Lol… I’ve been thinking that since I first saw his name – I’m thinking the old school beanie cap with propeller on top :)

  30. avatar
    John Reilly December 4, 2012 at 10:32 am #

    Dr. Ginols seeks to intervene, but does not explain he is from Minnesota. He does not include his address. Or report that his slate of electors lost. And his beef seems to be concentrated on the social security number issue rather than an actual Constitutional eligibility issue.

    Of course, Dr. Taitz has turned him into a Mississippi elector.

    Easy to confuse Minnesota and Mississippi.

    I leave it to the lawyers to explain whether someone can volunteer to be a plaintiff at this point in the case. And, if such a procedure is valid, what it does to whatever schedule exists.

  31. avatar
    sfjeff December 4, 2012 at 12:28 pm #

    Origuy: The Occidental Weekly, the student newspaper of Occidental College has an article quoting from the lawyers representing the college.http://occidentalweekly.com/news/2012/11/28/taitz-loses-court-case-to-occidental-over-obamas-records/Attorney Jay Ritt, who assisted in the case, said: “I would like to take credit for a spectacular job preparing papers and going down to the Orange County Superior Court and arguing this case and getting sanctions, but I honestly believe a rhesus monkey could have beaten Ms. Taitz and got a sanction award based on the awful lack of merit to thesubpoena itself.”

    Oh I just love it when people actually say what we are all thinking.

  32. avatar
    Butterfly Bilderberg December 4, 2012 at 2:17 pm #

    Thank you, Ruh Roh. Even I am reluctant to return there. My reward for serious reporting of the Mississippi proceedings and judicious legal analysis is to be exposed to humor of the sort that would expose any employer to liability for sexual harassment. Maybe I should just save my money and decline to take another road trip to Jackson …

    Dedicating more time to my career, social relationships and family instead of antibirthering is looking like a smart choice.

  33. avatar
    American Mzungu December 4, 2012 at 2:32 pm #

    Butterfly Bilderberg: My reward for serious reporting of the Mississippi proceedings and judicious legal analysis…

    …is great appreciation and thanks from me, and anyone with an ounce of sense.

  34. avatar
    Rickey December 4, 2012 at 5:05 pm #

    Butterfly Bilderberg:
    Thank you, Ruh Roh.Even I am reluctant to return there.My reward for serious reporting of the Mississippi proceedings and judicious legal analysis is to be exposed to humor of the sort that would expose any employer to liability for sexual harassment.Maybe I should just save my money and decline to take another road trip to Jackson …

    Dedicating more time to my career, social relationships and family instead of antibirthering is looking like a smart choice.

    I am sure that you realize that we feel privileged to have you antibirther here at any time. I didn’t see exactly what happened over there, but Doc C. is very vigilant about scuttling that sort of activity on this blog.